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

Preface 



This volume contains laws of the state of New Hampshire passed in 
the 1970 special session and the regular 1971 session through July 1971. 

The laws appearing first are those passed in the special session, 1970, 
which convened March 25, 1970 and adjourned April 30, 1970. They 
precede the colored divider. An index to those laws is set out following 
them. 

Immediately following the colored divider are the laws of New Hamp- 
shire passed in the January 1971 session from January 6, 1971 through 
July 1971. Following these laws of 1971 is an index which applies to 
them. 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED SPECIAL SESSION, 1970 

LEGISLATURE CONVENED MARCH 25, 1970 

ADJOURNED APRIL 30, 1970 




CONCORD, N. H. 
1970 



Printed by 

Evans Printing Company, Inc. 

Concord, N. H. 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

SPECIAL SESSION OF 1970 



CHAPTER 1. 

AN ACT ALLOWING MEMBERS OF THE GENERAL COURT TO WORK AT THE RACE 
TRACK ON NONLEGISLATIVE DAYS. 

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

1:1 Member of the General Court. Amend RSA 284:4 by striking out 
in lines three and four the words "during the time in which the general 
court is in session," and inserting in place thereof (on any day the general 
court is in session) so that said section as amended shall read as follows: 
284:4 — Member of the General Court, No person, association, or corpora- 
tion conducting a racing plant imder the provisions hereof, nor the com- 
mission, shall employ at said racing plant, on any day the general court is 
in session, any person who is a member of said general court. 

1:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 1, 1970.] 
[Effective date April 1, 1970.] 



CHAPTER 2. 

AN ACT RELATIVE TO THE PRACTICE OF LAW BY PROFESSIONAL ASSOCIATIONS. 

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

2:1 Practice of Law. Amend RSA 311 by inserting after section 11 the 
following new section: 311:ll-a Exception. The word "corporation" as 
used in RSA 311:11 shall not include a corporation of attorneys organized 
as a professional association under the provisions of RSA 294-A. 

2:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 9, 1970.] 
[Effective date June 8, 1970.] 

1 



2 Chapters [1970 

CHAPTER 3. 

AN ACT RELATIVE TO EXAMINATION AND EDUCATIONAL REQUIREMENTS OF 

PHYSICIANS. 

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

3:1 Place of Examination, Amend RSA 329:10 by striking out the 
same and inserting in place thereof the following: 329:10 Examinations. 

Examinations shall be held in Concord, or such other place as the board 
may designate, at least twice a year, and shall be given in the English lan- 
guage; but shall otherwise be conducted according to such rules as the board 
shall prescribe. 

3:2 Subject and Preparation of Examinations. Amend RSA 329:11 by 
striking out the same and inserting in place thereof the following: 329:11 
— Subjects. For each examination the board shall seasonably prepare suit- 
able questions or obtain such questions from a nationally recognized organi- 
zation preparing such questions, for thoroughly testing the knowledge of the 
applicants in such of the basic and clinical medical sciences as the board 
may direct. 

3:3 Qualifications for Examination. Amend RSA 329:12 (supp) as 
amended by 1969, 326:1 by striking out the same and inserting in place 
thereof the following: 

329:12 — Applicants. 

I. The board shall admit to examination any applicant who: 

(a) Pays a fee of one hundred dollars, 

(b) Submits satisfactory evidence in writing, verified by oath if re- 
quired, that he is more than twenty-one years of age and of good moral 
character, 

(c) Is a citizen of the United States or a Canadian province in which 
like privilege is granted to citizens of the United States, 

(d) Has completed satisfactorily two years of work in college or its 
equivalent, 

(e) Has studied the treatment of human ailments in a medical school 
maintaining at the time of such studies a standard satisfactory to the board 
and has graduated from such school, and 

(f) Has completed an internship approved by the board. 

II. The provisions of this section may be suspended in whole or in 
part by order of the board on account of war or other threatened or existing 
national calamity. 

3:4 Effective Date. This act shall take effect upon its passage. 
[Approved April 13, 1970.] 
[Effective date April 13, 1970.] 



1970] Chapter 4 3 

CHAPTER 4. 

AN ACT TRANSFERRING TUBERCULOUS PATIENTS FROM THE STATE 

SANATORIUM AND ESTABLISHING THE SANATORIUM AS A HOME FOR 

CERTAIN ELDERLY RESIDENTS OF THE STATE HOSPITAL. 

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

4:1 New Chapter. Amend RSA by inserting after chapter 138 the fol- 
lowing new chapter: 

Chapter 138-A 

New Hampshire Home For The Elderly 

138-A: 1 Declaration and Purpose. The purpose of this chapter is to 
establish a home for the elderly residents of the New Hampshire State Hos- 
pital at the New Hampshire State Sanatorium, and to transfer the tubercu- 
lous patients at said sanatorium to hospitals or nursing homes. 

138-A:2 Established. The New Hampshire State Sanatorium is hereby 
named, New Hampshire Home For The Elderly. 

138-A:3 Administration. The director of the division of public health 
services within the department of health and welfare shall be a corporation, 
know as Director, New Hampshire Home for the Elderly with power to sue 
upon any contract to ^vhich it is by law authorized to be a party; to manage 
and control the property and concerns of the New Hampshire Home for the 
Elderly; to appoint with the approval of the commissioner of health and 
welfare a superintendent. If the superintendent is not a physician, there 
shall be a classified resident senior physician. The director of public health 
services shall also, in accordance with the state personnel regulations, and 
within the limits of available appropriations and funds, appoint such as- 
sistants as he may, from time to time, deem necessary or proper; to take and 
hold in trust for the state any grant, devise, bequest or donation of property 
for the use of the New Hampshire Home for the Elderly or for the main- 
tenance or help of any resident or residents therein; and to adopt with the 
approval of the commissioner of health and welfare such bylaws and rules 
as he may deem necessary or proper for the management of the business 
affairs and the government of the New Hampshire Home for the Elderly. 
The commissioner of health and welfare, as authorized by RSA 126-A:2, may 
carry out such transfers as are necessary to implement the foregoing pro- 
visions. 

138-A:4 Charges for Care. The charges for the support of the resi- 
dents of the New Hampshire Home for the Elderly and the tuberculous 
patients in hospitals or nursing homes as contracted for pursuant to RSA 
138-A: 8 who are able to pay for their care and treatment shall be fixed by 
the director, division of public health services. 

138-A:5 Eligibility for Admission. The director of the division of men- 
tal health may transfer a resident of the New Hampshire Hospital to the 
New Hampshire Home for the Elderly if he believes it to be in the resi- 
dent's best interest provided the resident consents and: 



4 Chapter 4 [1970 

I. Has reached his sixtieth birthday, unless waived by the director for 
good cause; 

II. His relatives or guardian, if any, consent to the transfer; 

III. He is ambulatory, and free of physical disability; 

IV. He is cooperative, and neat in personal habits; 

V. He does not require intensive nursing or medical care or intensive 
psychiatric treatment. 

138-A:6 Trial Period. Upon making a transfer, the director shall forth- 
with in writing notify the commissioner of health and welfare thereof and 
shall give his reasons therefor. If after a thirty-day period the resident does 
not adjust to the transfer, the resident shall be returned to the New Hamp- 
shire Hospital or to a home or facility approved by the director of mental 
health. 

138-A:7 Transfer of Tuberculous Patients. On or after July 1, 1970, 
any tuberculous patient at the New Hampshire Home for the Elderly shall 
be as expeditiously as possible transferred by the director of the division of 
public health of the department of health and welfare to a general hospital 
or nursing home so designated for the purpose of patient care and treatment 
by a majority vote of a committee composed of the director of the division 
of public health of the department of health and welfare, a member of the 
health and welfare advisory commission appointed by said commission who 
is a medical doctor, and a medical doctor appointed by the New Hampshire 
Medical Society. 

138-A:8 Contracts for Treatment of TransfeiTed Patients. The com- 
missioner of health and welfare is authorized to enter into contracts with 
general hospitals and nursing homes for the care and treatment of tubercu- 
lous patients. Said contracts shall contain the following provisions: 

I. The medical supervision of tuberculous patients shall remain under 
a physician or physicians employed by the state. 

II. Tuberculous patients in the hospital facility may be transferred to 
a nursing home facility when they have become quiescent and noninfectious. 

III. Consultation requests to any of the general hospital staff physicians 
in the various medical specialties are authorized. 

IV. Treatment of transferred patients by any of the general hospital 
medical or surgical specialists is authorized. 

4:2 Effective Date. This act shall take effect July 1, 1970. 
[Approved April 14, 1970.] 
[Effective date July 1, 1970.] 



1970] Chapters 5 

CHAPTER 5. 

AN ACT IMPOSING A BUSINESS PROFITS TAX, REPEALING CERTAIN TAXES, 

PROVIDING TRANSITIONAL MEASURES, REVISING THE RATE OF CERTAIN TAXES, 

AND PROVIDING FOR RETURN OF REVENUE TO CITIES AND TOWNS. 

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

5:1 Business Profits Tax. Amend RSA by inserting after chapter 77 
the following new chapter: 

Chapter 77-A 
Business Profits Tax 

77-A:l Definitions. When appearing in this chapter: 

I. "Business Organization" means any enterprise, whether corpora- 
tion, partnership, sole proprietorship, association, business trust, real estate 
trust or other form of organization, which is organized for gain or profit 
and which derives economic benefit from the employment of property or 
labor or both within the state, except such enterprises as are expressly 
made exempt from income taxation under the United States Internal Reve- 
nue Code (1954) as amended and except such enterprises state taxation of 
which is limited by United States Code Chapter 12, section 548 as amended, 
so long as such limitation exists. 

II. "Commission" means the state tax commission. 

III. "Gross Business Profits" means: 

(a) In the case of a corporation or any other business organization 
required to make and file a United States corporation income tax return, 
the amount shown as "taxable income before net operating loss deduction 
and special deductions" on such return, or in the case of a corporation 
which elects treatment as a small business corporation under the United 
States Internal Revenue Code (1954) as amended, the amount shown as 
"taxable income" on its United States small business corporation income 
tax return; 

(b) In the case of a corporation which does not make and file a sepa- 
rate United States corporation income tax return for itself because it is a 
member of an affiliated group pursuant to the provisions of Chapter 6 of 
United States Internal Revenue Code (1954) as amended, the amount which 
would be shown as "taxable income before net operating loss deduction 
and special deductions" on such a return if it were not a member of such 
a group; 

(c) In the case of a partnership or any other business organization 
required to make and file a United States partnership return of income, 
the amount shown as "ordinary income" plus the amount shown as "pay- 
ments to partners — salaries and interest" plus the net amount of any gains 
from the sale of capital assets of the partnership shown on such return; 

(d) In the case of a proprietorship, the amount shown as "net profit" 
on Schedule "C", or equivalent schedule, of the proprietor's United States 
income tax return, and the amount shown as net income from rents on 



6 Chapters [1970 

Schedule "E", or equivalent schedule, of such return, as applicable, plus 
the net amount of any gains from the sale of assets held for use in the busi- 
ness activity described in said Schedule "C" or held for rental purposes, as 
shown on said return; 

(e) In the case of a farm proprietorship, the amount shown as "net 
farm profit" on Schedule "F", or equivalent schedule, of the farmer's United 
States income tax return plus the net amount of any gains from the sale 
of capital assets held for use in farming, as shown on said return; 

(f) In the case of a trust or estate engaging in trade or business, the 
amount shown as "net income from trade or business" on the statement 
attached to its United States fiduciary income tax returns, plus the net 
amount of any gains from the sale of capital assets held for use in such 
trade or business, as shown on said return. 

IV. "Taxable Business Profits" means gross business profits reduced 
by the method of allocation provided in RSA 77-A:3 and the deductions 
allowable under RSA 77-A:4. 

V. "Taxable Period" means the calendar year or fiscal year which the 
taxpayer uses for United States income tax purposes, or that part of a year 
for which a return is made. 

77-A:2 Imposition of Tax. A tax is imposed at the rate of six percent 
upon the taxable business profits of every business organization. 

77-A:3 Allocation. A business organization (a) which derives gross 
business profits from business activity both within and without this state 
and (b) which is subject to a net income tax, a franchise tax measured by 
net income, a franchise tax for the privilege of doing business or a cor- 
porate stock tax in another state or which is subject to the jurisdiction of 
another state to impose a net income tax upon it whether such tax is or 
is not actually imposed, shall apportion its gross business profits so as to 
allocate to this state a fair and equitable proportion of such gross business 
profits. Except as hereinafter provided in this section, such allocation shall 
be made on the basis of the following three factors, equal weight to be given 
to each: 

I. The percentage of value of the total real and tangible personal 
property employed by the business organization everywhere as is employed 
by it in the operation of its business within this state; 

II. The percentage of the total wages, salaries, commissions and bo- 
nuses disbursed by the business organization to employees and salesmen 
everywhere as is disbursed by it for services rendered within this state. Such 
compensation is deemed to be disbursed for services in this state if the ser- 
vice is performed entirely within this state, or if the service is performed 
both within and without this state and the service performed without this 
state is incidental to the service within this state, or some of the service is 
performed in this state and (1) the base of operations or, if there is no base 
of operations the place from which the service is directed or controlled is 
in this state or (2) the base of operations or the place from which the ser- 
vice is directed or controlled is not in any state in which some part of the 
service is performed, but the individual performing such service resides 
within this state; 



1970] Chapter 5 7 

III. The percentage of the total sales (including charges for services) 
made by the business organization everywhere as is made by it within this 
state. Sales of tangible personal property are made in this state if the prop- 
erty is delivered or shipped to a purchaser, other than the United States 
government, within this state regardless of f.o.b. point or other conditions 
of sale, or the property is shipped from an office, store, warehouse, factory 
or other place of storage in this state and (1) the purchaser is the United 
States government or (2) the business organization is not taxable in the 
state of the purchaser. Sales other than sales of tangible personal property 
are in this state if the income-producing activity is performed in this state, 
or the income-producing activity is performed both in and outside this 
state and a greater proportion of the income-producing activity is per- 
formed in this state than in any other state, based on costs of performance. 
The average of the three percentages shall be applied to the total gross 
business profits of the business organization to ascertain its gross business 
profits in this state. If the allocation and apportionment provisions of this 
section do not fairly and reasonably represent the extent of a particular 
business organization's business activity in this state, the business organ- 
ization may petition for, or the commission may require for a subsequent 
taxable period, in respect to all or any portion of the business organiza- 
tion's business activity, if reasonable, (a) separate accounting, (b) the ex- 
clusion of any one or more of the factors, (c) the inclusion of one or more 
additional factors which will fairly represent the business organization's 
business activity in this state, or (d) the employment of any other method 
to effectuate an equitable allocation and apportionment of business profits. 
The business organization is entitled to a hearing by the commission on 
request in connection with any change in its allocation and apportionment 
procedure and has the right of appeal from the commission's determina- 
tion as provided in RSA 77-A:14. 

77-A:4 Deductions, The following deductions are allowed from gross 
business profits in determining taxable business profits: 

I. A deduction of such amount of gross business profits as is attrib- 
utable to taxable income from sources without the United States as deter- 
mined in accordance with section 862, United States Internal Revenue Code 
(1954) as amended. This deduction shall be made prior to application of 
the allocation and apportionment provisions of RSA 77-A:3. 

II. In the case of a business organization which is subject to taxation 
under RSA 77, a deduction of such amount of gross business profits as is 
attributable to income which is taxable or is specifically exempted from 
taxation under RSA 77 and which does not qualify for deduction under 
the provisions of paragraph I of this section. 

III. A deduction of such amount of gross business profits as is attrib- 
utable to income derived from interest on notes, bonds or other securities 
of the United States. 

IV. In the case of a sole proprietorship, including farm proprietorship, 
or partnership, a deduction equal to a fair and reasonable compensation 
for the personal services of the proprietor or partners actually devoting 
time and effort in the operation of the enterprise. The purpose of this para- 
graph is to permit deduction from gross business profits of a proprietorship 



8 Chapters [1970 

or partnership only of such amounts as are fairly attributable to the per- 
sonal services of the proprietor or partners. In the event there is occasion 
to determine the reasonableness of a deduction claimed under this para- 
graph the commission shall consider the claimed deduction in light of com- 
pensation for personal services of employees in positions requiring similar 
responsibility, devotion of time, education and experience in business or- 
ganizations of similar size, volume and complexity. In addition, the com- 
mission may take into account the value to the proprietorship or partner- 
ship of the labor of its employees and the use of its property and any other 
factor which may reasonably assist the commission in making a determina- 
tion. Such deduction as is claimed by the taxpayer shall be deemed reason- 
able unless the commission finds, by a preponderance of the evidence upon 
the standards herein set forth and after notice and hearing that the claimed 
deduction is grossly excessive. Provided, that a taxpayer ascertaining its 
gross business profits in this state by the allocation procedure established 
in RSA 77-A:3 is allowed only such percentage of the deductions allowable 
in paragraphs II, III and IV of this section as has been applied by it in 
ascertaining its gross business profits in this state. 

77-A:5 Credits. The following credits are allowed against the tax due 
under this chapter: 

I. Taxes paid pursuant to RSA 83-B, Franchise Tax; 

II. Taxes paid pursuant to RSA 84, Taxation of Banks; 

III. Taxes paid pursuant to sections of RSA 402, as amended, relat- 
ing to taxation of insurance companies. 

IV. Taxes paid pursuant to RSA 82, relating to taxation of railroads 
and public utilities. 

Provided, that the total amount of any such credit allowed shall not exceed 
the tax due under this chapter. 

77-A:6 Returns and Declarations. 

I. Commencing July 1, 1970, every business organization shall, on or 
before the first day of the fifth month following expiration of its taxable 
period, make a return to the commission under such regulations and in 
such form or manner as the commission may prescribe. Returns shall con- 
tain full data as to all matters required by the commission for correct com- 
putation of taxable business profits and the tax assessed thereon. All returns 
shall be signed by the taxpayer or by its authorized representative, subject 
to the pains and penalties of perjury. 

II. At the same time the return is filed as required by paragraph I 
of this section, every business organization, except those anticipating a 
gross business profit of less than ten thousand dollars during its subsequent 
taxable period, shall in addition file a declaration of its estimated taxable 
business profits and estimated business profits tax for its subsequent taxable 
period. Such estimated taxable business profits and estimated business 
profits tax shall be at least equal to the taxable business profits and busi- 
ness profits tax reported on the return filed therewith, unless for good cause 
the commission permits the taxpayer to make a lesser estimate. 

77-A:7 *Payments. One quarter of the taxpayer's estimated business 
profits tax for the subsequent taxable period is due and payable at the time 



1970] Chapter 5 9 

the taxpayer files the declaration required in RSA 77-A:6, II; one quarter 
is due and payable three months thereafter; one quarter is due and payable 
six months thereafter; and one quarter is due and payable nine months 
thereafter. If the return required by RSA 77-A:6, I, shows an additional 
amount to be due, such additional amount is due and payable at the time 
the return is filed. If such return shows an overpayment of the tax due, 
the commission shall refund such overpayment to the taxpayer or shall 
allow the taxpayer a credit against a subsequent payment or payments due, 
to the extent of the overpayment, at the taxpayer's option. Taxes not paid 
when due shall bear interest at the rate of ten percent per year computed 
from the due date. 

*This section amended by 1970, 57:6. 

77-A:8 Additional Returns. When the commission has reason to be- 
lieve that a taxpayer has failed to file a return or to include any part of its 
gross business profits in a filed return, the commission may require the 
taxpayer to file a return or a supplementary return showing such additional 
information as the commission prescribes. Upon receipt of the supplemen- 
tary return, or if none is received within the time set by the commission, 
the commission may find and assess the amount due upon the information 
that is available. The making of such additional return does not relieve 
tht taxpayer of any penalty for failure to make a correct original return 
or relieve it from liability for interest on payments not made when due. 

77-A:9 Extension of Time for Returns. For good cause, the commis- 
sion may extend the time within which a taxpayer is required to file a re- 
turn, and if such return is filed during the period of extension no penalty 
may be imposed for failure to file the return at the time required by this 
chapter, but the taxpayer shall be liable for interest on payments not made 
when they otherwise would be due but for the grant of extension. 

77-A:10 Corrections. Each taxpayer shall report to the commission any 
change in the amount of its gross business profits as finally determined by 
the United States Internal Revenue Service with respect to any previous 
year for which the taxpayer has made a return under this chapter. Such a 
report shall be made not later than the due date of the next annual return 
alter the taxpayer has received notice that such change has finally been 
determined. 

77-A:ll Taxpayer Records. Every business organization shall: 

I. Keep such records as may be necessary to determine the amount of 
its liability under this chapter; 

II. Preserve such records for the period of three years or until any 
litigation or prosecution hereunder is finally determined; 

III. Make such records available for inspection by the commission or 
any of its members or agents, upon demand, at reasonable times during reg- 
ular business hours. 

Violation of this section is punishable by a fine of not less than one 
hundred dollars nor more than five hundred dollars. 

77-A:12 Failure to Make Returns; False Returns or Records. The fol- 
lowing acts or omissions are unlawful: 



10 Chapters [1970 

I. Failing to make any return or declaration required by this chapter; 

II. Making, causing to be made or permitting to be made any false or 
fraudulent return or declaration or false statement in any return or declara- 
tion, with intent to defraud the state or to evade payment of the tax or 
any part of the tax imposed by this chapter; 

III. Making, causing to be made or permitting to be made any false 
entry in books, records or accounts with intent to defraud the state or to 
evade the payment of the tax or any part of the tax imposed by this chap- 
ter or keeping, causing to be kept or permitting to be kept more than one 
set of books, records or account with such intent. 

Violation of this section is punishable by a fine of not less than one 
hundred dollars nor more than one thousand dollars, or by imprisonment 
for not more than six months, or both such fine and imprisonment. 

77-A:I3 Adjustments; Procedure. The commission is empowered to 
determine whether there has been error in the assessment of the tax im- 
posed by this chapter, in accordance with the following provisions: 

I. The taxpayer may demand such a determination, in writing within 
three years after the tax was due; 

II. The commission may, on its own motion, undertake such a deter- 
mination upon written notice to the taxpayer given within three years after 
the tax was due or paid, whichever is later, except that where the taxpayer 
has reported a correction pursuant to RSA 77-A:10, such notice must be 
given within six months of the report; 

III. After hearing, if requested by the taxpayer, the commission shall 
affirm or shall increase or decrease the tax theretofore assessed. Any increase 
ordered by the commission shall be assessed against the taxpayer and shall 
carry ten percent interest from the date originally due. Any decrease or- 
dered by the commission shall, with ten percent interest from the date the 
tax was paid, be credited against any unpaid tax then due from the tax- 
payer and any balance due the taxpayer shall be certified to the state treas- 
urer who shall pay the balance to the taxpayer, but such credit and payment 
together may not exceed the amount of the tax originally paid. 

77-A:14 Appeal. Within thirty days after notice of any adjustment of 
a tax by the commission under RSA 77-A:13, a taxpayer may appeal the 
commission's determination by petition to the superior court in the county 
where the taxpayer resides or if not a resident of the state, in the county 
where it has a place of business or a resident agent. The superior court 
shall determine the correctness of the commission's action de novo. 

77-A:15 Administration. 

I. *The commission shall administer the provisions of this chapter. 
A business profits tax division is created in the tax commission. The com- 
mission, as authorized by the governor and council, may employ, subject to 
personnel statutes, a director, deputy director and assistants to carry out 
the provisions of this chapter. The commission may delegate the powers, 
duties and functions assigned to it by this chapter to the director of the 
business profits tax division and others within the division except the 
power to determine adjustments under RSA 77-A:13. The deputy director 



1970] Chapters 11 

shall perform the duties assigned to him by the director. Subject to the ap- 
proval of the commission, the director is authorized to equip the division 
with furniture, equipment and supplies necessary to administer the divi- 
sion. 

*This paragraph amended by 1970, 57:2. 

II. The commission shall collect the taxes, interest and penalties im- 
posed under this chapter and shall pay them to the state treasurer. The state 
treasurer shall pay the expenses of administering this chapter out of any 
money in the state treasury not otherwise appropriated until taxes under 
this chapter have been received by him. Thereafter he shall pay the ex- 
penses of administration out of taxes, interest and penalties collected under 
this chapter and he shall reimburse the treasury for previous expenses paid 
by him. The governor is authorized to draw his warrant for the money 
authorized by this section out of any money in the treasury not otherwise 
appropriated. 

III. The commission may make reasonable rules and regulations to 
carry out its administration consistent with this chapter. The rules and 
regulations have the force of law. The commission may institute actions 
in the name of the state to recover any tax, interest on tax or the penalties 
imposed by this chapter. 

IV. In the collection of the tax imposed by this chapter, the commis- 
sion may use all of the powers granted to tax collectors under RSA 80 for 
the collection of taxes, and it has all of the duties imposed upon the tax 
collectors by RSA 80 that are applicable thereto. The provisions of RSA 
80:26 apply to the sale of land for the payment of taxes due under this 
chapter, and the state treasurer is authorized to purchase the land for the 
state. If the state purchases the land, the state treasurer shall certify the 
purchase to the governor and the governor shall draw his warrant for the 
purchase price out of any money in the treasury not otherwise appropriated. 

V. *The commission may take the oath of any person in the course of 
any examination, investigation or hearing authorized by this chapter. In 
connection with hearings the commission and taxpayer have the power to 
compel attendance of witnesses and the production of books, records, papers, 
vouchers, accounts or other documents. The commission and taxpayer may 
take the depositions of witnesses residing within or without the state per- 
taining to a matter under this chapter, in the same way as depositions of wit- 
nesses are taken in civil actions in the superior court. Fees of witnesses are 
the same as those allowed to witnesses in the superior court and in the case 
of witnesses summoned by the commission shall be considered as an ex- 
pense of administration of this chapter. 

*This paragraph amended by 1970, 57:5. 

VI. Any notice required by this chapter to be given by the commission 
to a taxpayer shall be made by certified mail to the last known address of 
the taxpayer and in the case of hearings shall be given at least ten days 
before the date thereof. 

77-A:I6 Confidentiality of Commission Records. Notwithstanding any 
other provision of law and except as hereinafter provided, the records and 
files of the commission respecting the administration of this chapter are 



12 Chapters [1970 

confidential and privileged. The commission, and any employee engaged 
in the administration o£ this chapter or charged with the custody of any 
such records or files, shall not disclose any information obtained from the 
commission's records or files or from any examination, investigation or 
hearing authorized by this chapter. Neither the commission nor any em- 
ployee of the commission may be required to produce any of the records, 
files and information for the inspection of any person or for use in any 
action or proceedings. The following exceptions apply to this section: 

I. Testimony by a member or employee of the commission and pro- 
duction of records, files and information in behalf of the commission or a 
taxpayer in any action or proceeding under the provisions of this chapter 
where such testimony or the records, files or information, or the facts shown 
thereby are directly involved in the action or proceeding; 

II. Delivery to a taxpayer or his duly authorized representative of a 
copy of any return or other paper filed by the taxpayer pursuant to this 
chapter; 

III. Publication of statistics so classified as to prevent the identification 
of a particular return and the items of the return; 

IV. Exchange of information with the United States Internal Revenue 
Service in accordance with compacts made and provided for such cases; 

V. Disclosure in confidence to the governor and council or their agent 
in the exercise of their general supervisory powers, or to any person au- 
thorized to audit the accounts of the commission in pursuance of such audit, 
or to the attorney general or other legal representative of the state in con- 
nection with an action or proceeding under this chapter. 

77-A:17 Preference. The taxes and interest imposed by this chapter 
have preference in any distribution of the assets of the taxpayer, whether 
in insolvency or otherwise. 

77-A:18 Dissolution of Corporations. No corporation organized under 
any law of this state may be dissolved until all taxes and interest imposed 
upon the corporation under this chapter have been fully paid. The secretary 
of state shall not issue a certificate of dissolution, and no decree of disso- 
lution shall be signed in any court without a certificate from the commis- 
sion that no taxes and interest imposed by this chapter are due and unpaid. 

5:2 Transition. All definitions in section 1 of this act apply to this sec- 
tion. 

I. The tax imposed in section 1 of this act shall apply to gross busi- 
ness profits earned since January 1, 1970. 

II. On November 15, 1970, every business organization which has not 
theretofore filed a return and declaration under section 1 of this act, shall 
make and file with the commission a declaration of its 1970 estimated tax- 
able business profits by reference to its 1969 United States return and the 
estimated tax thereon as imposed by section 1 of this act, and shall pay to 
the commission three quarters of the tax shown in the declaration. On 
February 1, 1971, such business organizations shall pay the remaining quar- 
ter of the estimated tax. 



1970] Chapters 13 

5:3 Repealing the Tax on Machinery. Amend RSA 72:7 by striking 
out in line one the word "machinery" so that said section as amended shall 
read as follows: 72:7 Buildings, etc. Buildings, mills, wharves, ferries, toll 
bridges, locks and canals and aqueducts owned by private parties, any por- 
tion of the water of which is sold or rented for pay, are taxable as real 
estate. 

5:4 Legacy and Succession Tax. Amend RSA 86:6 (supp) as amended by 
1963, 112:1 and 1965, 65:1 and suspended by 1969, 286:2 by striking out 
said section and inserting in place thereof the following: 

86:6 Taxable Property and Tax Rate. 

I. All property within the jurisdiction of the state, real or personal, 
and any interest therein, belonging to domiciliaries of the state; and all 
real estate within the state, or any interest therein, belonging to persons 
who are not domiciliaries of the state; which shall pass by will, or by the 
laws regulating interstate successions, or by deed, grant, bargain, sale or 
gift, made in contemplation of death, or made or intended to take effect in 
possession or enjoyment at or after the death of the grantor or donor, to any 
person, absolutely or in trust, shall be subject to a tax of fifteen percent 
of its value for the use of the state, except as provided in paragraph II. 

II. Real and personal property of the decedent shall be exempt from 
the tax imposed in paragraph I, if it passes to or for the use of any of the 
following: 

(a) the decedent's spouse; 

(b) the decedent's lineal ascendants and the decedent's lineal descen- 
dants which shall include all adopted children in the decedent's line of 
succession; 

(c) the care of cemetery lots in this state; 

(d) a city or town in this state for public municipal purposes; 

(e) educational, religious, cemetery, or other institutions, societies, or 
associations of public charity in this state, or in any other state, territory or 
country, the laws of which at the time of the death of the decedent pro- 
vide either of the following: 

(1) do not impose a transfer or death tax of any kind; 

(2) grant an exemption similar to that provided for in this paragraph, 
to their domiciliaries, for the property passing to charities in this state. 

5:5 Repeal of Temporary Legacy and Succession Tax. Laws of 1969, 
chapter 286, section 1 relative to the legacy and succession tax and section 
2 relative to suspending the operation of RSA 86:6 are hereby repealed. 

5:6 *Debt Limits. Amend RSA 33:4-b (supp) as inserted by 1955, 329:1 
and amended by 1957, 120:4 and 1959, 209:4 by inserting in line four after 
the word "commission" the words (and shall include the equalized value of 
property formerly taxed pursuant to the provisions of RSA 72:7; 72:15, I, 
V, VII, VIII, IX, X, and XI; 72:16; 72:17; 73:26, and 73:27, all as amended, 
which were relieved from taxation by 'An Act imposing a business profits 
tax, repealing certain taxes, providing transitional measures, revising the rate 
of certain taxes, and providing for return of revenue to cities and towns,' 



14 Chapters [1970 

enacted by the 1970 Special Session of the General Court, as determinea 
under the provisions of RSA 71:11, V, as amended), so that said section as 
amended shall read as follows: 33:4-b Debt Limit; Computation. The debt 
limitations hereinbefore prescribed, except for counties, shall be based upon 
the applicable last locally assessed valuation of the municipality as last 
equalized by the tax commission, and shall include the equalized value of 
property formerly taxed pursuant to the provisions of RSA 72:7; 72:15, 
I, V, VII, VIII, IX, X, and XI; 72:16; 72:17; 73:26, and 73:27, all as amended, 
which were relieved from taxation by 'An Act imposing a business profits 
tax, repealing certain taxes, providing transitional measures, revising the 
rate of certain taxes, and providing for return of revenue to cities and 
towns,' enacted by the 1970 Special Session of the General Court, as de- 
termined under the provisions of RSA 71:11, V, as amended. Whenever 
several municipalities possessing the power to incur indebtedness cover or 
extend over identical territory, each such municipality shall so exercise the 
power to incur indebtedness under the foregoing limitations so that the 
aggregate net indebtendness of such municipalities shall not exceed nine 
and seventy-five hundredths (9.75) percent of the valuation of the taxable 
property as hereinbefore determined, except as provided for cooperative 
school districts under RSA 195:6. A written certificate of the tax commis- 
sion, signed by any member thereof, shall be conclusive evidence of the 
base valuation of municipalities for computing debt limits hereunder. 
*This section amended by 1970, 57:14. 

5:7 Equalization. Amend RSA 71:11, V (supp) as amended by 1957, 
102:1 and 1967, 327:2 by inserting in line five after the word "property" the 
words (including the equalized value of property formerly taxed pursuant 
to the provisions of RSA 72:7; 72:15, I, V, VII, VIII, IX, X, and XI; 72:16; 
72:17; 73:26, and 73:27, all as amended, which were relieved from taxation 
by 'An Act imposing a business profits tax, repealing certain taxes, pro- 
viding transitional measures, revising the rate of certain taxes, and pro- 
viding for return of revenue to cities and towns,' enacted by the 1970 Spe- 
cial Session of the General Court, the equalized valuation of which is to 
be determined by the amount of revenue returned in such year in accordance 
with RSA 31-A) so that said paragraph as amended shall read: V. Equaliza- 
tion. In every even-numbered year to equalize the valuation of the property 
in the several towns, cities and unincorporated places in the state by ad- 
ding to or deducting from the aggregate valuation of the property as as- 
sessed in towns, cities and unincorporated places such sums as will bring 
such valuations to the true and market value of said property, including 
the equalized value of property formerly taxed pursuant to the provisions 
of RSA 72:7; 72:15, I, V, VII, VIII, IX, X, and XI; 72:16; 72:17; 73:26, and 
73:27, all as amended, which were relieved from taxation by 'An Act impos- 
ing a business profits tax, repealing certain taxes, providing transitional 
measures, revising the rate of certain taxes, and providing for return of 
revenue to cities and towns,' enacted by the 1970 Special Session of the 
General Court, the equalized valuation of which is to be determined by the 
amount of revenue returned in such year in accordance with RSA chapter 
31-A, and by making such adjustments in the value of other property from 
which the towns, cities and unincorporated places receive taxes as may be 
equitable and just, so that any public taxes that may be apportioned 
among them shall be equal and just as between them. 



1970] Chapter 5 15 

5:8 Repeal of Certain Taxes. The following sections and paragraphs of 
sections of RSA are repealed: 

I. RSA 72:15, I (supp) as amended by 1963, 239:1, relating to taxation 
of stock in trade; 

II. RSA 72:15, V (supp) as amended by 1963, 318:1, relating to taxa- 
tion of neat stock; 

III. RSA 72:15, VII (supp) as amended by 1963, 318:2, relating to taxa- 
tion of poultry; 

IV. RSA 72:15, VIII, relating to taxation of motor vehicle fuel pumps 
and tanks; 

V. RSA 72:15, IX, relating to taxation of certain machinery; 

VI. RSA 72:15, X, relating to taxation of domestic rabbits; 

VII. RSA 72:15, XI, (supp) as inserted by 1965, 264:1, relating to con- 
ditions of exemption from tax on neat stock and poultry; 

VIII. RSA 72:16 relating to taxation of fur bearing animals; 

IX. RSA 72:17 relating to taxation of portable mills; 

X. RSA 73:26 and 27 relating to taxation of studhorses and jack- 
asses. 

5:9 Inventories. Amend RSA 75:4 (supp) as amended by 1967, 72:1 
and 1969, 23:4 by striking out the same and inserting in place thereof the 
following: 75:4 Inventories. The selectmen shall set down in their in- 
ventory, in separate columns, the value of improved and unimproved land, 
of buildings, of factories, of public utility property, of house trailers and 
mobile homes and of all other classes of taxable property. 

5:10 Tobacco; Tax Increase. Amend RSA 78:7 (supp) as amended by 
1955, 256:1, 1965, 132:1 and 1967, 159:1 by striking out in lines two and 
sixteen the word "thirty" and inserting in place thereof the word (thirty- 
four) so that said section as amended shall read as follows: 78:7 Tax Im- 
posed. A tax upon the retail consumer is hereby imposed at the rate of 
thirty-four percent 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 denominations of not less than one-half cent to an aggregate 
value nearest the tax hereby imposed. No tax is imposed on any trans- 
actions, 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 commission of the amount and brands of tobacco products received and 
the name and address of the consignor. The tax commission, thereupon, 
shall notify the unclassified importer of the amount of the tax due thereon, 
at the rate of thirty-four percent of the value thereof. Payment of the 
amount due the state shall be made within ten days from the mailing date 
of the notice thereof. Any unclassified importer refusing to pay the tax on 



16 Chapter 5 [1970 

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. 

5:11 *Tobacco Tax; Discount Deduction. Amend RSA 78:9 (supp) 
as amended by 1965, 132:2 and 1967, 159:2 by striking out in line five the 
words "and one-half" so that said section as amended shall read as follows: 
78:9 Stamps. The tax commission shall 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 percent of their face 
value to encourage manufacturers, wholesalers and sub-jobbers to affix 
such stamps and compensate them for so doing, and to licensed vending 
machine operators and retailers at their face value. The tax commission 
may in its discretion permit a licensed manufacturer, wholesaler, sub-jobber, 
vending machine operator or retailer to pay for such stamps 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 operator 
and retailer and shall pay over all receipts from the sale of such stamps to 
the state treasurer daily. 

*This section repealed 1970, 57:1. 

5:12 Tobacco Products; Definition of Value. Amend RSA 78:1, XV 
by striking out the same and inserting in place thereof the following: XV. 
"Usual selling price" means the normal retail selling price of tobacco pro- 
ducts as determined by the tax commission but which shall exclude any 
federal tax thereon excepting the federal tax thereon on the effective date 
of this paragraph as last amended. In determining the usual selling price 
the commission shall consider the generally established price of tobacco 
products at retail stores in this state for a period of at least two years be- 
fore such determination, and the wholesaler's price, usual retailer's profit, 
and advertised prices both within and without this state. Advertised "cut- 
rate" prices and quantity discounts allowed by retailers shall be evidence 
that the "usual selling price" is higher than such "sale" or bargain prices. 

5:13 Tobacco Tax; Temporary Provisions. The director of the di- 
vision 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 section becomes 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 
suspended 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 divi- 



1970] Chapters 17 

sion of tobacco products for failure to comply with the provisions of this 
section. 

5:14 Increasing the Commissions on Pari-Mutuel Pools at Running 
Meets. Amend RSA 284:22, I (supp) as amended by 1955, 74:1; 1957, 122:1; 
1961, 34:1 and 1967, 53:1 by striking out in line three the word "fifteen" and 
inserting in place thereof the following (sixteen); and by striking out in 
line nine the words "seven and one-half" and inserting in place thereof the 
word (eight) 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 sixteen percent 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 include the eight per- 
cent tax hereinafter prescribed. 

5:15 Increasing the Pari-Mutuel Tax at Running Meets. Amend RSA 
284:23, I (supp) as amended by 1957, 122:2 and 1967, 53:2 by striking out 
in line three the words "seven and one-half" and inserting in place thereof 
the word (eight) and by striking out in line six the word "one-fourth" and 
inserting in place thereof the word (three-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 
this chapter shall pay to the state treasurer a sum equal to eight percent 
of the total contributions to all pari-mutuel pools conducted or made at 
any running horse race or running horse meet licensed hereunder. Of the 
amount so paid to the state treasurer a sum equal to seven and three-fourth 
percent of said total contributions shall be distributed in accordance with 
the provisions of section 2 of this chapter and a sum equal to one-fourth of 
one percent of said total contributions shall be expended for the promotion 
of agriculture in the state under the direction of the commissioner of agri- 
culture. 

5:16 Return of Revenue to Municipalities. In consideration of the 
removal of certain classes of property from taxation, which would otherwise 
have the effect of reducing the tax base of the cities and towns of the state, 
it is hereby declared to be the policy of the state to return a certain portion 
of the general revenues of the state to the cities and towns for their un- 
restricted use and in pursuance of said policy the Revised Statutes Annot- 
ated are amended as follows: Amend RSA by inserting after chapter 31 the 
following new chapter: 

Chapter 31-A 
Return of Revenue to Cities and Towns 

31-A:1 Return of Revenue. Commencing in 1970 and in each year 
thereafter, a portion of the general revenue of the state shall be returned to 
each city and town of the state. 



18 Chapters [1970 

31-A:2 *CalcuIation and Certification of Basis for Return of Revenue. 

Prior to October 1, 1970 the tax commission shall calculate and certify to 
the state treasurer the amounts collected by each city and town under 1969 
assessments of the following taxes: the tax on machinery under RSA 72:7; the 
tax on stock in trade under RSA 72:15, I; the tax on neat stock under RSA 
72:15, V; the tax on poultry under RSA 72:15, VII; the tax on motor vehicle 
fuel pumps and tanks under RSA 72:15, VIII; the tax on certain machinery 
under RSA 72:15, IX; the tax on domestic rabbits under RSA 72:15, X; 
the tax on fur bearing animals under RSA 72:16; the tax on portable mills 
under RSA 72:17, the tax on studhorses and jackasses under RSA 73:26. 
*This section amended by 1970, 57:13. 

31-A:3 Determination of Amounts Returnable in 1970. The state trea- 
surer shall determine the amount of revenue returnable to each city or town 
in 1970 by increasing the amounts certified to him under RSA 31-A:2 by 
ten peixent. 

31-A:4 Determination of Amounts Returnable in Subsequent Years. 

The state treasurer shall determine the amount of revenue returnable to 
each city or town in each year subsequent to 1970 by increasing the amount 
returned to each city or town in the preceding year by ten percent. 

31-A:5 Time of Payment. Payment of revenues returnable to the cities 
and towns shall be made as follows: 

I. In 1970, the state treasurer shall pay over to each city or town the 
amount due to it on December 15, 1970. 

II. In each year subsequent to 1970, the state treasurer shall pay over 
to each city or town the amount due to it in four equal installments, on 
March first, June first, September first and December first. There is hereby 
appropriated for each fiscal year a sum sufficient to make the payments 
provided for by this section. The governor is authorized to draw his war- 
rant for the sums appropriated by this section out of any money in the trea- 
sury not otherwise appropriated. 

31-A:6 Alternate Procedure for Determination of Amounts Returnable 
in 1970. Any town or city which claims that its equalized valuation of the 
property relieved from taxation by 'An Act imposing a business profits tax, 
repealing certain taxes, providing transitional measures, revising the rate 
of certain taxes, and providing for return of revenue to cities and towns' 
enacted by the 1970 special session of the general court, for the years 1966, 
1967, 1968, and 1969 increased by an average of more than ten percent, may 
apply to the tax commission for a certificate to that effect. After such investi- 
gation and hearing as the tax commission may require, which shall be con- 
ducted at the expense of the applicant, the commission shall, if it finds the 
application to have merit, certify to the state treasurer the average per- 
centage rate of increase of equalized valuation of said property in said 
years. The state treasurer shall determine the amount of revenue returnable 
to the applicant in 1970 by increasing the amount certified to him under 
RSA 31-A:2 by the precentage certified to him by the tax commission under 
this section. 



1970] Chapter 6 19 

5:17 Examination of Tax. All taxes payable pursuant to the provisions 
of RSA 86 and 1969, 286 because of the death of any person who died after 
two o'clock in the afternoon of June 26, 1969 until the effective date of 
section 5, shall be reviewed by the director of the inheritance tax divi- 
sion, of the state tax commission. If one or more of any such decedent's bene- 
ficiaries was his lineal ascendant or lineal descendant, as defined in RSA 
86:6, the director shall recompute the tax as provided in section 18. 

5:18 Recomputation of Tax. The tax payable shall be recomputed pur- 
suant to the provisions of 1969, 286:1, except that in addition to the exemp- 
tions provided therein the director shall also exempt any property passing to 
the decedent's lineal ascendants and the decedent's lineal descendants as 
defined in RSA 86:6. 

5:19 Amount of Tax Liability. Any person liable to pay a legacy and 
succession tax because of a death which occurred during the period of time 
delineated in section 17 and which tax has been recomputed pursuant to 
section 18 shall be liable only for the amount so recomputed. 

5:20 Refund of Excess Tax Already Paid. Any person who has paid the 
tax imposed by 1969, 286:1 and said payment exceeds the amount of tax 
as recomputed pursuant to section 18 shall, provided he waives all rights 
of recovery, if any, under this act, be paid a refund from the state, of the 
amount by which the tax which he has paid exceeds tlie amount so re- 
computed. 

5:21 Effective Date. This act shall take effect as follows: 

I. On passage, sections 1, 2, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; 

II. On March 31, 1970, sections 3, 8 and 9; 

III. At the exact time of passage, sections 4 and 5. 

IV. July 1, 1970, section 10. 

[Effective date. I. Sections 1, 2, 6, 7, 11, 12, 13, 14, 15, 16, 17. 18, 19 and 20 
April 22, 1970. II. Sections 3, 8 and 9 effective March 31, 1970. III. Sections 
4 and 5 are effective at 10:16 A.M., April 22, 1970. IV. Section 10 effective 
July 1, 1970.] 



CHAPTER 6. 



AN ACT CREATING THE OFFICE OF DIRECTOR OF THE BUDGET 
AND MAKING AN APPROPRIATION THEREFOR. 

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

6:1 Director of the Budget. Amend RSA 4 by inserting after section 
12-a, (supp) as inserted by 1967, 113:1 the following new sections: 

4:12-b Appointment. The governor shall appoint a director of the 
budget who shall hold office at the pleasure of the governor and until his 
successor is appointed and qualified. The governor shall fix the compensa- 
tion of such director within the limits of the appropriation made therefor. 



20 Chapter 6 [1970 

4:12-c Duties. Said director shall perform the following duties: 

I. He shall provide post-election assistance to an incoming governor. 

II. He shall examine the tentative budgets prepared by the comptroller 
under the provisions of RSA 9 and advise the governor in regard to the 
same, and shall assist the governor during hearings on the tentative budget 
as provided by RSA 9:7. 

III. He shall formulate the governor's budget which is to be submitted 
to the legislature pursuant to RSA 9:8. 

IV. He shall examine reports made by the comptroller as to operation 
and administration of the budget and expenditures thereunder. 

V. He shall schedule and assist the governor and council in hearings 
on departmental and agency requests involving financial matters. 

VI. He shall exercise continuing examinations and study of budget pro- 
cedures. 

VII. He shall, in conjunction with the comptroller, assist departments 
on procedures and other problems of management. 

VIII. He shall carry on a research program in the field of governmental 
and financial administration. 

6:2 Budget. Amend RSA 9:6 by striking out in line eight the words "to 
the governor" and inserting in place thereof the words (to the director of 
the budget for him to submit to the governor) so that said section as amen- 
ded shall read as follows: 9:6 Tentative Budget. Upon the receipt of the 
estimates of expenditure requirements called for by section 4 and the prep- 
aration of the estimates of income called for by section 5, and not later than 
November first next succeeding, the comptroller shall cause to be prepared 
a tentative budget conforming as to scope, contents, and character to the 
requirements of section 3 of this chapter and containing the estimates of ex- 
penditure and revenue as called for by sections 4 and 5, which tentative 
budget shall be transmitted to the director of the budget for him to submit 
to the governor. 

6:3 Governor's Budget. Amend RSA 8:8, IV, by striking out said para- 
graph and inserting in place thereof the following: IV. Formulate the 
budget plan and assist the director of the budget in the preparation of a 
tentative budget and the budget document, as provided in RSA, chapter 9. 

6:4 Director of Budget and Control. Amend RSA 8:8 by inserting after 
paragraph VII the following new paragraph: VIII. Cooperate with the 
director of the budget in the office of the governor with reference to fiscal 
matters and make such reports to the said director of the budget as he may 
need to assist the governor in the administration of the budget. 

6:5 Appropriation. There is hereby appropriated the sum of twenty- 
nine thousand dollars for fiscal year 1971 for personal services, equipment 
and any other expenses in the office of director of the budget. The governor 
is authorized to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 



1970] Chapter? 21 

6:6 Effective Date. This act shall take effect July 1, 1970. 
[Approved April 21, 1970.] 
[Effective date July 1, 1970.] 



CHAPTER 7. 



AN ACT RELATIVE TO THE EXPANSION OF THE WATER SYSTEM AT THE 
UNIVERSITY OF NEW HAMPSHIRE AND MAKING AN APPROPRIATION THEREFOR. 

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

7:1 Appropriation, The sum of seven hundred and fifty thousand dol- 
lars is hereby appropriated for the purpose of constructing and expanding 
the Avater treatment plant and supply system of the university of New Hamp- 
shire. 

7:2 Purposes. The appropriation in section 1 is available for all uni- 
versity costs incident to the installation of connecting water lines to the 
Lamprey River water supply source, the installation of the necessary pumps, 
filters, pretreatment tanks, sludge and wash water disposal facilities and 
construction of such facilities as are necessary to bring the capacity of the 
total system to an adequate safe level of one and seven tenths million gallons 
per day. These moneys appropriated will be spent under the direction of 
the board of trustees of the university of New Hampshire. 

7:3 Competitive Bids. All contracts for the construction of all or any 
part of said buildings or facilities shall be let only after competitive sealed 
bids have been received, and only after an advertisement calling for such 
bid has been published at least once in each of two successive calendar weeks 
in a newspaper of general circulation in New Hampshire or in a trade jour- 
nal known to be circulated among the contractors from wdiom bids will be 
sought within the state of New Hampshire or elsewhere in the area. The 
first publication of such advertisement shall be not less than thirty days 
prior to the date on which the bids are to be received. 

7:4 Rejection of Low Bids. If, in the judgment of the trustees of the 
university, just cause exists indicating the lowest bid should be rejected, 
then the contract may be awarded to the next lowest bidder, or in the event 
such next lowest bid should be rejected, then the contract may be awarded 
to the third lowest bidder. 

7:5 Rejection of All Bids. The board of trustees of the university shall 
have the right to reject any and all bids and, in the event the lowest bid is 
in excess of the appropriation, shall have the right to negotiate with the 
low bidder, or with the three lowest bidders, for a contract for such con- 
struction upon terms deemed most advantageous to the university. If only 
one bid is received, the university may negotiate a contract for such con- 
struction upon terms deemed most advantageous to the university. Any 
authorization contained herein which is at variance with the requirements 
of applicable federal law and regulations shall be controlled by the terms 
of such federal law and regulations. 



22 Chapters [1970 

7:6 Bonds and Notes Authorized. In order to provide funds for the 
appropriation made in section 1 of this act, the trustees of the university are 
hereby authorized to request the governor and council to authorize and 
direct the state treasurer to borrow upon the credit of the state not exceed- 
ing the sum of seven hundred and fifty thousand dollars and for said pur- 
pose the state treasurer may issue bonds and notes in the name of the state 
of New Hampshire in accordance with the provisions of RSA 6-A. 

7:7 Liquidation. The state treasurer is authorized to deduct from the 
fund accruing to the university under RSA 187:24, or appropriation in lieu 
thereof, for each fiscal year such sums as may be necessary to meet interest 
and principal payments in accordance with the terms and conditions of the 
bonds or notes issued under the authority of this act for the purpose herein 
stated. 

7:8 Effective Date. This act shall take effect upon its passage. 
[Approved April 21, 1970.] 
[Effective date April 21, 1970.] 



CHAPTER 8. 



AN ACT AUTHORIZING THE STATE TREASURER TO USE A FACSIMILE OF HIS 

SIGNATURE WHEN EXECUTING A STATE GUARANTEE OF BONDS OR NOTES 

ISSUED BY A POLITICAL SUBDIVISIOiN OF THE STATE. 

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

8:1 Use of Facsimile Signature. Amend RSA 6 by inserting after section 
18 the following new section: 6:18-a Use of Facsimile Signature. When en- 
dorsing the state's guarantee on any bond or note issued by any political 
subdivision of the state, the state treasurer may cause such guarantee to be 
executed with an engraved or printed facsimile of his signature in lieu of 
his manual signature. Such facsimile shall have the same effect as the manual 
signature of the state treasurer. 

8:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 21, 1970.] 
[Effective date June 20, 1970.] 



CHAPTER 9. 



AN ACT TRANSFERRING OPERATION AND MANAGEMENT OF STATE BUILDING 

AT EASTERN STATES EXPOSITION FROM DRED TO DEPARTMENT OF AGRICULTURE 

AND MAKING AN APPROPRIATION. 

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

9:1 Department of Agriculture. Amend RSA 426 by inserting at the 
end thereof the following new sections: 



1970] Chapter 10 23 

426:19 State Buildings at Eastern States Exposition. The commissioner 
of agriculture shall operate the state building at the Eastern States Exposi- 
tion and his legitimate expenses incurred in the performance of this duty 
shall be a charge upon the appropriation made therefor. 

426:20 Income and Operating Charges. The commissioner may rent 
the building or parts thereof for exhibition purposes, at reasonable rates, 
giving first preference to exhibitors of this state. From the income received 
he shall pay the expenses and operating charges of said building, including 
a reasonable sum for insurance against loss or other casualty, and turn the 
balance over to the state treasurer to be held under a separate fund for the 
purposes of said building. 

426:21 Repairs. In case of partial or total destruction of the building 
by fire or otherwise the commissioner may make needed repairs or replace- 
ment, with the approval of the governor and council, and may use the pro- 
ceeds of any insurance. 

9:2 Repeal. RSA 12:6, 7 and 8, relative to state building at Eastern 
States Exposition, are hereby repealed. 

9:3 Appropriation. There is hereby appropriated the sum of six thou- 
sound dollars to be expended by the commissioner of agriculture for in- 
surance premium for the state building at Eastern States Exposition and 
may not be transferred or used for any other purpose. The governor is au- 
thorized to draw his warrant for said sum out of any money in the treasury 
not otherwise appropriated. 

9:4 Transfer. Any records or accounts relative to state building at 
Eastern States Exposition now in the control of the department of resources 
and economic development are hereby transferred to the department of 
agriculture. 

9:5 Effective Date. This act shall take effect upon its passage. 
[Approved April 21, 1970.] 
[Effective date April 21, 1970.] 



CHAPTER 10. 

AN ACT RELATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY. 

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

10:1 Industrial Development Authority. Amend RSA 162-A:6-b (supp) 
as inserted by 1965, 228:3 by inserting in line four after the word "areas" 
the following (public airports, and industrial areas) so that said section as 
amended shall read as follows: 162-A:6-b Loans for Construction of Public 
Roads to Private Recreational Areas, Public Airports, and Industrial Areas. 
The authority may loan or expend funds, upon such terms and conditions 
as prescribed by the authority, for the construction of public roads to private 
recreational areas, public airports, and industrial areas provided such roads 



24 Chapter 10 [1970 

have been authorized by the general court and further provided that the 
governor and council have approved the expenditure of funds for prelim- 
inary engineering as provided in RSA 236-C:4. Any loan or expenditure of 
funds under this section shall be deemed to be a project subject to approval 
of governor and council as provided in RSA 162-A:8. 

10:2 Limitation Increased. Amend RSA 162-A:12 (supp) as inserted 
by 1955, 254:12, and amended by 1957, 237:1, 1959, 142:1; 1961, 263:12; 
1963, 155:5; 1967, 308:6; and 1969, 430:1 by striking out in line three the 
word "five" and inserting in place thereof the word (seven), by striking out 
in line five the word "and" and by inserting in line six after the word "fa- 
cilities" the words (and not more than two million dollars shall be in con- 
nection with projects for access roads to public airports and industrial 
areas) so that said section as amended shall read as follows: 162-A:12 Debt 
Limitation. The authority may issue bonds and notes as follows: (1) The 
authority may issue bonds or notes in an amount not to exceed seven mil- 
lion dollars at any one time, of which amount not more than four million 
dollars shall be in connection with industrial projects, not more than one 
million dollars shall be in connection with projects for recreational facili- 
ties, and not more than two million dollars shall be in connection with proj- 
ects for access roads to public airports and industrial areas. (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 which shall not exceed thirty percent 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 con- 
tained in the loans made by the private lending institution and shall be se- 
cured 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 se- 
cured by a first mortgage on said industrial facilities. Loans made under 
paragraph (2) hereof shall be limited to borrowers whose industrial facili- 
ties are located in New Hampshire and which have been displaced, acquired 
or condemned under federal, state, county or municipal redevelopment, re- 
habilitation and highway projects. Any revenue bonds issued by the author- 
ity which, by the terms of repayment, are not an obligation of the authority 
or the state but are entirely supported and guaranteed by the revenue con- 
tract of a leasing corporation, shall not be included in determining the max- 
imum amount of notes and bonds authorized herein. 

10:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 23, 1970.] 
[Effective date June 22, 1970.] 



1970] Chapter 11 25 

CHAPTER 11. 

AN ACT RELATIVE TO THE CENTRAL NEW HAMPSHIRE TURNPIKE, AND MAKING 
AN APPROPRIATION THEREFOR. 

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

convened: 

11:1 Turnpike Improvements. Amend RSA by inserting after chapter 
257-A the following new chapter: 

Chapter 257-B 
Central New Hampshire Turnpike Improvements 

257-B: 1 Authority Granted. The commissioner of public works and 
highways, with the approval of the governor and council, is hereby au- 
thorized to make improvements to the Central New Hampshire Turnpike, 
which shall include, but not be limited to, the addition of a traffic lane, or 
lanes, in each direction from a point near the proposed junction of inter- 
state route 93 near the Manchester-Hooksett town line to a point northerly 
of the junction of interstate route 89 in the city of Concord, and the recon- 
struction of the toll facilities in the town of Hooksett. 

257-B:2 Funds Provided. A sum not exceeding three million five hun- 
dred thousand dollars is hereby appropriated for the acquisition of necessary 
land and property, and for preliminary engineering for the improvements to 
the said turnpike. The appropriation shall be a continuing appropriation 
and shall not lapse. 

257-B:3 Bonds. The state treasurer is hereby authorized with the ap- 
proval of the governor and council to borrow upon the credit of the state 
a sum not exceeding three million five hundred thousand dollars for the 
purpose of carrying into effect the provisions of this chapter and for that 
purpose may issue bonds in the name and on behalf of the state of New 
Hampshire in a manner pursuant to the provisions of RSA 6-A. Provided, 
however, that the maturity dates of such bonds shall be determined by the 
governor and council but in no case shall they be later than thirty years 
from the date of issue and may be redeemable before maturity at the option 
of the governor and council at such price or prices and under such terms 
and conditions as may be fixed by the governor and council prior to the 
issuance of the bonds. Said bonds shall contain an express guarantee which 
shall be deemed a contract on the part of the state that tolls shall be collected 
in accordance with the provisions of RSA 257 until the date of maturity of 
said bonds or until sufficient money shall have accumulated to pay said 
bonds and the interest thereon at or prior to the dates of maturity. The 
proceeds from the sale of such bonds shall be held by the treasurer and paid 
out by him upon warrants drawn by the governor for the purposes of this 
act alone, and the governor, with the advice and consent of the council, 
shall draw his warrant for the payment from the funds provided by this act 
of all sums expended or due for the purposes herein authorized. All interest 
from such bonds shall be exempt from taxation within the state of New 
Hampshire. 

11:2 Effective date. This act shall take effect upon passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



26 • Chapter 12 [1970 

CHAPTER 12. 

AN ACT RELATIVE TO THE FIREMEN'S RETIREMENT SYSTEM. 

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

12:1 Firemen's Retirement System. Amend RSA 102:21 by striking out 
the same and inserting in place thereof the following: 102:21 Resignation, 
Dismissal, Reinstatement and Withdrawal. Any permanent fireman accept- 
ing the provisions hereof, who shall retire, withdraw or be dismissed from 
service, and the named beneficiary of any such permanent fireman who may 
die while in active service from causes not due to fire duty as described in 
section 17 and provided no benefit is payable under section 16, shall be en- 
titled to receive from the board all payments made thereto by him with in- 
terest at such rate as the board may prescribe. The named beneficiary of any 
retired permanent fireman who may die while in retirement, and whose re- 
tirement benefits to the time of death should be less than his total payments, 
plus interest, to the board, shall be entitled to receive from the board an 
amount which shall be the difference, if such exists, between such fireman's 
total payments, plus interest, to the board and his total benefits received 
while on retirement to the time of his death. Upon retirement or dismissal 
from service a permanent fireman shall no longer be obligated to pay assess- 
ments to the fund. Any permanent fireman resigned or dismissed from ser- 
vice as aforesaid, may, if he thereafter re-enters service as a permanent fire- 
man, be reinstated to the benefits hereof. Upon reinstatement to the benefits 
hereof his rate of assessment shall be established by the board as provided 
under section 9 and his term of creditable service shall begin as of the near- 
est date of his reinstatement to the benefits hereof, excepting that a rein- 
stated member may receive credit for prior service if he leaves his assessments 
in the fund and provided he is reinstated within thirty-six months after his 
resignation or dismissal. Prior service credit shall be only for his period of 
actual active service. His rate of assessment upon reinstatement shall be as 
provided under section 9. Notice of dismissal or death, not due to fire duty 
as described in section 17, of a permanent fireman who has accepted the pro- 
visions of this chapter, shall be sent to the board by the chief clerk or other 
responsible officer of city, town or precinct by whom said fireman was era- 
ployed. 

12:2 Special Retirement Allowance. Amend RSA 102 by inserting after 
section 16 the following new section: 102:16-a Allowance to Certain Bene- 
ficiaries. Notwithstanding anything to the contrary in section 16 or else- 
where in this chapter, if a member dies in service while eligible for service 
retirement under the provisions of section 13 of this chapter, in lieu of the 
return of his accumulated contributions there shall be payable to his desig- 
nated beneficiary a retirement allowance equal to the allowance which 
would have been payable to such beneficiary had the member retired just 
prior to death and elected option 1 as set forth in section 16 in favor of such 
beneficiary. No benefit shall be payable under this paragraph if a benefit is 
payable under section 17. 

12:3 Payment for Benefits. In order to provide the additional funds 
necessary to meet the additional benefits for firemen provided by this act, 



1970] Chapter 13 27 

the board of trustees of the New Hampshire retirement system is hereby di- 
rected to increase the contribution made by each member of the New Hamp- 
shire permanent firemen's retirement system by an amount equal to one half 
of one percent of the payroll for said member. The state or other employer 
shall not be required to make any contributions for said additional benefits. 

12:4 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 28, 1970.] 
[Effective date June 27, 1970.] 



CHAPTER 13. 



AN ACT INCREASING THE AMOUNT AUTHORIZED FOR STATE GUARANTEE OF MUNICIPAL 
BONDS FOR WATER POLLUTION. 

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

13:1 Municipal Pollution Bonds. Amend RSA 149:5 (supp) as amended 
by 1957, 213:2; 1961, 182:1; 1963, 167:1; 1966, 3:1; 1967, 148:1; and 1969, 
454:1 by striking out in lines five and fourteen the word "seventy-five" and 
inserting in place thereof the words (one hundred) so that said section as 
amended shall read as follows: 149:5 State Guarantee. In view of the gen- 
eral public benefits resulting from the elimination of pollution from the 
public waters of the state, the governor and council are authorized in the 
name of the state of New Hampshire to guarantee unconditionally, but at no 
time in excess of the total aggregate sum for the entire state of one hundred 
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 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 one hundred million dollars. The 
state's guarantee shall be endorsed on such bonds or notes by the state trea- 
surer; 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. 

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

[Approved April 28, 1970.] 
[Effective date June 27, 1970.] 



28 Chapter 14 [1970 

CHAPTER 14. 

AN ACT RELATIVE TO THE SALARIES OF THE JUSTICES AND CLERKS OF MANCHESTER 

DISTRICT COURT AND RELATIVE TO DISTRIBUTION OF REPORTS OF THE 

SUPREME COURT AND REVISED STATUTES ANNOTATED. 

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

14:1 Maximum Salary. Amend RSA 502-A:6, I (supp) as inserted by 
1963, 331:1 and amended by 1967, 438:1 and 1969, 124:5 by striking out in 
line fourteen the words "nineteen thousand" and inserting in place thereof 
the words (twenty-one thousand) so that said paragraph as amended shall 
read as follows: I. Salaries of Justices. The cities and towns in which the 
district courts are regularly located shall annually appropriate and pay the 
justices of the district courts salaries computed in the following manner: 
for the first fifteen hundred cases, three hundred and fifty dollars for each 
one hundred cases or fraction thereof; for the next one thousand cases, three 
hundred dollars for each one hundred cases or fraction thereof; and for all 
cases over twenty-five hundred, one hundred and fifty dollars for each one 
hundred cases or fraction thereof provided that the sum of five hundred 
dollars shall be added to the salary of each justice of a district court which 
has exclusive civil jurisdiction in cases where the damages do not exceed 
five hundred dollars. No justice shall be paid a salary less than a sum equal 
to one hundred and eighty dollars for each thousand persons residing in the 
district, as reported in the last federal census, and no justice shall receive a 
salary greater than twenty-one thousand dollars a year. The total cases re- 
ported annually from each district court to the judicial council shall be used 
in the computation of the salary of each justice as provided herein. The ad- 
ministrative committee of the district and municipal courts shall compute 
the salaries as provided in this section and shall annually, in November, 
notify the local governing body of each city or town in which each district 
court is regularly located the amount to be paid the justice, special justice 
and clerk for the next calendar year. 

14:2 Salary, Associate Justice. Amend RSA 502-A:6, I-a (supp) as in- 
serted by 1969, 124:3 by striking out said paragraph and inserting in place 
thereof the following: I-a Salary of Associate Justice, Manchester District 
Court. The annual salary of the associate justice of the Manchester district 
court shall be an amount one thousand dollars less than the amount paid the 
justice as provided in paragraph I. 

14:3 Distribution of Court Reports. Amend RSA 505:11 by inserting 
in line three after the word "shall" the words (unless otherwise directed by 
the chief justice of the supreme court) so that said section as amended shall 
read as follows: 505:11 Distribution of Court Reports. He shall deliver to 
the secretary of state four hundred copies of each volume of said reports 
upon publication, and the secretary shall unless otherwise directed by the 
chief justice of the supreme court send one copy thereof to each of the fol- 
lowing officers and bodies: Justices and clerks of the supreme and superior 
courts, to the office of register of probate in each county, state reporter, each 
free public library established under the laws of the state meeting the regu- 
lations of the state library commission, the department of justice, clerk of 



1970] Chapter 15 29 

the supreme court of the U.S., library of congress at Washington, the judge 
and clerk of the district court of the U.S. for the district of New Hampshire, 
and the state library of each state of the United States with which the New 
Hampshire state library maintains an exchange agreement covering court 
reports. The residue may be drawn upon by the state library for its own 
use or for additional exchange agreements. The state library may recover all 
sets and/or partial sets of court reports located within those towns which do 
not meet the regulations of the state library commission. It may establish 
full sets in public libraries open daily agreeing to make them available to 
all the people in the geographic area. The reclaimed sets shall be placed in 
the stock held by the secretary of state. 

14:4 Distribution of Revised Statutes Annotated. Amend RSA 20:16 
(supp) as inserted by 1955, 231:3 by inserting in line three after the word 
"manner" the words (Unless otherwise directed by the chief justice of the 
supreme court) so that said section as amended shall read as follows: 20:16 
Distribution of Revised Statutes Annotated. The secretary of state is hereby 
authorized to distribute official bound copies of the Revised Statutes An- 
notated free of charge in the following manner. Unless otherwise directed 
by the chief justice of the supreme court, one copy to each of the following 
officers and bodies: The governor, the president of the senate, the speaker 
of the house, the members of the New Hampshire Revision Commission, 
each justice and clerk of the supreme and superior courts, each court of pro- 
bate, 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 state re- 
porter, 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, 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 the Revised Statutes Annotated, the secretary 
of state, the state treasurer, the comptroller and seven copies to the office of 
the attorney general. 

14:5 Effective Date. This act shall take effect June 1, 1970. 
[Approved April 28, 1970.] 
[Effective date June 1, 1970.] 



CHAPTER 15. 



AN ACT RELATIVE TO OUT-OF-STATE TUITION CHARGES AT THE 
UNIVERSITY OF NEW HAMPSHIRE. 

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

15:1 University of New Hampshire; Out-of -State Tuition. Amend the 
''note" relative to out-of-state tuition for the university and state colleges 
in 1969, 368:4 by striking out the same and inserting in place thereof the 
following: 



80 Chapter 16 [1970 

Note: Out-of-state tuition, for the university of New Hampshire only, 
shall be set annually by the board of trustees at a figure which reflects actual 
cost of per capita operating costs including instructional expenses, overhead, 
and bond retirement (excluding self-liquidating bonds) as determined by 
the costs in the fiscal year just preceding the first of Januaiy for the fiscal 
year in which the tutition is to be charged. 

15:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



CHAPTER 16. 



AN ACT TO ENLARGE THE AUTHORITY OF THE NEW HAMPSHIRE 
HIGHER EDUCATIONAL BUILDING CORPORATION. 

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

16:1 Health Facilities. Amend RSA 195-D:1 (supp) as inserted by 1969, 
318:1 by inserting in line nine after the word "capacities" the words (that 
it is essential that hospitals within the state be provided with appropriate 
additional means to expand, enlarge and establish health care, hospital and 
other related facilities;) and by striking out in line ten the words "Building 
Corporation" and inserting in place thereof the words (and Health Facilities 
Authority) so that said section as amended shall read as follows: 195-D:1 
Declaration of Policy. It is declared to be the policy of the state that for 
the benefit of the people of the state, the increase of their commerce, wel- 
fare, and prosperity and the improvement of their health and living con- 
ditions, it is essential that this and future generations of youths be given 
the fullest opportunity to learn and develop their intellectual and mental 
capacities; that it is essential that educational institutions within the state be 
provided with appropriate additional means to assist such youths in achiev- 
ing the required levels of learning and development of their intellectual 
and mental capacities; that it is essential that hospitals within the state be 
provided with appropriate additional means to expand, enlarge and estab- 
lish health care, hospital and other related facilities; that it is essential that 
powers be conferred on the New Hampshire Higher Educational and Health 
Facilities Authority as will assure the successful completion of projects to 
be initiated by the corporation so as to accomplish the purposes of this 
chapter all to the public benefit and good. It is further declared that the 
exercise by the corporation of the powers conferred on the corporation 
under this chapter will constitute the performance of an essential govern- 
mental function. 

16:2 Name of Corporation. Amend RSA 195-D:2 (supp) as inserted by 
1969, 318:1 by striking out in line two the wordss "Building Corporation" 
and inserting in place thereof the words (and Health Facilities Authority) 
so that said section as amended shall read as follows: 195-D:2 Citation. This 
chapter may be referred to as and cited as the New Hampshire Higher Edu- 
cational and Health Facilities Authority law. 



1970] Chapter 16 31 

16:3 Definitions. Amend RSA 195-D:3, I (supp) as inserted by 1969, 
318:1 by striking out said section and inserting in place thereof the follow- 
ing: 

I. "Corporation" means the New Hampshire Higher Educational and 
Health Facilities Authority created and established as a corporation and 
constituted and established as a public body corporate and agency of the 
state under RSA 195-D:4, or any board, body, commission, department, or 
officer succeeding to the principal functions thereof or to whom the powers 
conferred upon the corporation by this chapter shall be given by law, 

16:4 Projects. Amend RSA 195-D:3, II (supp) as inserted by 1969, 318:1 
by inserting in line one after the word "Project" the words (in the case of 
a participating institution for higher education,) and by inserting in line 
six after the word "above" the words (and, in the case of a participating 
hospital, means the building and equipping of any structure designed for 
use as a hospital, clinic, or other health care facility, laboratory, laundry, 
nurses or interns residence or other multi-unit housing facility for staff, 
employees, patients or relatives of patients admitted for treatment in such 
hospital, doctors office building, administration building, research facility, 
maintenance, storage or utility facility and other structures or facilities 
related to any of the foregoing or required or useful for the operation of 
a hospital, including parking and other facilities or strixctures essential 
or convenient for the orderly conduct of such hospital, and shall include 
landscaping, site preparation, furniture, equipment and machinery and 
other similar items necessary or convenient for the operation of a particular 
facility or structure in the manner for which its use is intended) so that said 
paragraph as amended shall read as follows: II. "Project" in the case of a 
participating institution for higher education, means the building and 
equipping of any structure designed for use as a dormitory, dining facility, 
administration facility, library, classroom building, research facility or fac- 
ulty office facility, or the building and equipping of any multipurpose struc- 
ture designed to combine two or more of the functions performed by the 
types of structures enumerated above and, in the case of a participating hos- 
pital, means the building and equipping of any structure designed for use 
as a hospital, clinic, or other health care facility, laboratory, laundry, nurses 
or interns residence or other multi-unit housing facility for staff, employees, 
patients or relatives of patients admitted for treatment in such hospital, 
doctors office building, administration building, research facility, main- 
tenance, storage or utility facility or other structures or facilities related to 
any of the foregoing or required or useful for the operation of a hospital, 
including parking and other facilities or structures essential or convenient 
for the orderly conduct of such hospital, and shall include landscaping, 
site preparation, furniture, equipment and machinery and other similar 
items necessary or convenient for the operation of a particular facility or 
structure in the manner for which its use is intended. This definition does 
not include such items as books, fuel, supplies, or other items which are 
customarily considered as a current operating charge. 

16:5 Bonds. Amend RSA 195-D:3, IV (supp) as inserted by 1969, 318:1 
by inserting in lines five and seven after the words "higher education" the 
words (or of a participating hospital) so that said paragraph as amended 



32 Chapter 16 [1970 

shall read as follows: IV. "Bonds" or the words "revenue bonds" means 
revenue bonds of the corporation issued under the provisions of this chap- 
ter, including revenue refunding bonds, notwithstanding that the same may 
be secured by the mortgage or the full faith and credit of a participating in- 
stitution for post-secondary education or higher education or of a partici- 
pating hospital or any other lawfully pledged security of a participating 
institution for post-secondary or higher education or of a participating 
hospital. 

16:6 Hospitals. Amend RSA 195-D:3 (supp) as inserted by 1969, 318:1 
by inserting after paragrajDh VI the following new paragraphs: 

VII. "Hospital" means a non-profit hospital within the state which is 
licensed by the department of health and welfare. 

VIII. "Participating hospital" means a hospital which, pursuant to the 
provisions of this chapter, undertakes the financing and construction or 
acquisition of a project or undertakes the refunding or refinancing of ob- 
ligations or of a mortgage or of advances as provided by this chapter. 

16:7 Corporate Body. Amend RSA 195-D:4 (supp) as inserted by 1969, 
318:1 by striking out in the title the words "Building Corporation" and 
inserting in place thereof the words (and Health Facilities Authority) so 
that said title as amended shall read as follows: New Hampshire Higher 
Educational and Health Facilities Authority Constituted Public Body Cor- 
porate and Agency of the State. 

16:8 Name. Amend 195-D:4, I (supp) as inserted by 1969, 318:1 by strik- 
ing out in line one the words "Building Corporation" and inserting in 
place thereof the words (and Health Facilities Authority) so that said 
paragraph as amended shall read as follows: I. The New Hampshire Higher 
Educational and Health Facilities Authority is created as a corporation and 
is constituted and established as a public body corporate and agency of the 
state for the exercising of the powers conferred on the corporation by this 
chapter. 

16:9 Members. Amend 195-D:4, 11 (supp) as inserted by 1969, 318:1 by 
striking out said paragraph and inserting in place thereof the following: 
II. All of the powers of the corporation are vested in a board of directors of 
seven members who shall be appointed by the governor and council. The 
terms of two of the members shall expire on June 30, 1970; the terms of two 
members shall expire on June 30, 1971; and the terms of three members 
shall expire respectively on June 30, 1972, June 30, 1973 and June 30, 1974. 
Successors to those members of the board of directors whose terms expire 
each year shall be appointed by the governor and council prior to June 1 in 
each year, for terms of five years each. If a vacancy occurs in the membership 
of the board of directors, the governor and council shall appoint a successor 
for the unexpired term. Any member of the board of directors shall be eligi- 
ble for re-appointment. 

16:10 Quorum. Amend RSA 195-D:4, IV (supp) as inserted by 1969, 
318:1 by striking out in lines three and four the word "three" and inserting 
in place thereof the word (four) so that said paragraph as amended shall 
read as follows: IV. The board of directors shall elect one of its members 



1970] Chapter 16 33 

as chainnan, another as vice chairman, and shall also elect a secretary, who 
need not be a member of the board. Four members of the board of directors 
constitute a quorum, and the vote of four members of the board of direc- 
tors is necessary for any action taken by the corporation. A vacancy in the 
membership of the board of directors of the corporation does not impair 
the right of a quorum to exercise all the powers and perform the duties of 
the corporation. 

16:11 Location of Projects. Amend RSA 195-D:5, V (supp) as inserted 
by 1969, 318:1 by inserting in line six and eight after the worcl "education" 
the words (or participating hospital) so that said paragraph as amended 
shall read as follows: V. to determine the location and character of any 
project to be financed under the provisions of this chapter, and to construct, 
reconstruct, maintain, repair, operate, lease, as lessee or lessor, and regu- 
late the same; to enter into contracts for any or all of such purposes; to 
enter into contracts for the management and operation of a project; and to 
designate a participating institution for higher education or participating 
hospital as its agent to determine the location and character of a project 
undertaken by such participating institution for higher education or par- 
ticipating hospital under the provisions of this chapter as its agent to con- 
struct, reconstruct, maintain, repair, operate, lease, as lessee or lessor, and 
regulate the same; and as its agent to enter into contracts for any or all of 
such purposes, including contracts for the management and operation of 
such projects; 

16:12 Charges. Amend RSA 195-D:5, VII (supp) as inserted by 1969, 
318:1 by inserting in line three after the word "thereof" the words (and to 
contract with any person, partnership, association or corporation or other 
body, public or private, in respect thereof and to designate a participating 
institution for higher education or a participating hospital as its agent to 
fix, revise, charge and collect such rates, rents, fees and charges and to make 
such contracts;) so that said paragraph as amended shall read as follows: 
VII. generally, to fix and revise from time to time and charge and collect 
rates, rents, fees and charges for the use of and for the services furnished 
or to be furnished by a project or any portion thereof; and to contract with 
any person, partnership, association or corporation or other body, public or 
private, in respect thereof and to designate a participating institution for 
higher education or a participating hospital as its agent to fix, revise, charge 
and collect such rates, rents, fees and charges and to make such contracts; 

16:13 Rules and Regulations. Amend RSA 195-D:5, VIII (supp) as in- 
serted by 1969, 318:1 by inserting in lines three and four after the word 
"education" the words (or participating hospital) so that said paragraph as 
amended shall read as follows: VIII. to establish rules and regulations for 
the use of a project or any portion thereof and to designate a participating 
institution for higher education or participating hospital as its agent to 
establish rules and regulations for the use of a project undertaken by such 
participating institution for higher education or participating hospital; 

16:14 Loans. Amend RSA 195-D:5, XII (supp) as inserted by 1969, 
318:1 by inserting in lines one, three and six after the word "education" 
the words (or participating hospital) so that said paragraph as amended 



34 Chapter 16 [1970 

shall read as follows: XII. to make loans to any participating institution for 
higher education or participating hospital for the construction of a project 
in accordance with an agreement between the corporation and the partici- 
pating institution for higher education or participating hospital. However, 
no such a loan shall exceed the total cost of construction and equipment 
of the project as determined by the participating institution for higher edu- 
cation or participating hospital and approved by the corporation; 

16:15 Refunding Bonds. Amend RSA 195-D:5 XIII (supp) as inserted 
by 1969, 318:1 by inserting in line one, three and five after the word "educa- 
tion" the words (or participating hospital) so that said paragraph as 
amended shall read as follows: XIII. to make loans to a participating in- 
stitution for higher education or participating hospital to refund outstand- 
ing bonds, mortgages, or advances issued, made or given by such participat- 
ing institution for higher education or participating hospital for the con- 
struction of a project to the extent that such loan will enable such partici- 
pating institution for higher education or participating hospital to under- 
take additional projects; 

16:16 Administrative Costs. Amend RSA 195-D:5, XIV (supp) as in- 
serted by 1969, 318:1 by inserting in line two after the word "education" the 
words (and participating hospitals) so that said paragraph as amended 
shall read as follows: XIV. to charge to and equitably apportion between 
participating institutions for higher education and participating hospitals 
its administrative costs and expenses incurred in the exercise of the powers 
and duties conferred by this chapter; 

16:17 Acquisition of Property. Amend RSA 195-D:6 (supp) as inserted 
by 1969, 318:1 by inserting in line two after the word "empowered" the 
words (directly or by and through a participating institution for higher 
education or a participating hospital, as its agent) so that said section as 
amended shall read as follows: 195-D:6 Acquisition of Property. The cor- 
poration is authorized and empowered, directly or by and through a par- 
ticipating institution for higher education or a participating hospital, as its 
agent to acquire by purchase, gift or devise, solely from funds provided 
under the authority of this chapter, such lands, structures, property, real 
or personal, rights, rights of way, franchises, easements and other interests 
in lands, including lands lying under water and riparian rights, which are 
located within or without the state as it judges necessary or convenient 
for the construction or operation of a project, upon such terms and at such 
prices as considered by it to be reasonable and can be agreed upon between 
it and the owner thereof, and to take title thereto in the name of the cor- 
poration. 

16:18 Transfer of Title. Amend RSA 195-D:7 (supp) as inserted by 1969, 
318:1 by inserting in lines three, twelve and fifteen after the word "educa- 
tion" the words (or participating hospital) so that said section as amended 
shall read as follows: 195-D:7 Title to Projects. I. When the principal 
of and interest on revenue bonds of the corporation issued to finance the 
construction and acquisition of a particular project or projects at a par- 
ticipating institution for higher education or participating hospital, in- 
cluding any revenue refunding bonds issued to refund and refinance such 



1970] Chapter 16 35 

revenue bonds, have been fully paid and retired or when adequate pro- 
vision has been made to fully pay and retire the same, and all other condi- 
tions of the resolution or trust agreement authorizing and securing the 
same has been satisfied and the lien of such resolution or trust agreement 
has been released in accordance with the provisions thereof, the corpora- 
tion shall promptly do such things and execute such deeds and conveyances 
as are necessary and required to convey title to such project or projects to 
such participating institution for higher education or participating hospi- 
tal, free and clear of all liens and encumbrances, all to the extent that title 
to such project or projects is not, at the time, then vested in such partici- 
pating institution for higher education or participating hospital. 

16:19 Revenue Provisions. Amend RSA 195-D:12 (supp) as inserted by 
1969, 318:1 by inserting in lines forty-four and forty-seven after the word 
"education" the words (or participating hospital) so that said section as 
amended shall read as follows: 195-D:12 Revenues. The corporation is 
authorized to fix, revise, charge, and collect rates, rents, fees and charges 
for the use of and for the services furnished or to be furnished by each pro- 
ject and to contract with any person, partnership, association or corpora- 
tion, or other body, public or private, in respect thereof. Such rates, rents, 
fees and charges shall be fixed and adjusted in respect of the aggregate of 
rates, rents, fees and charges from such project so as to provide funds suffi- 
cient with other revenues, if any, (a) to pay the cost of maintaining, repair- 
ing, and operating the project and each and every portion thereof, to the 
extent that the corporation has not otherwise adequately provided for the 
payment thereof, (b) to pay the principal of and the interest on outstanding 
revenue bonds of the corporation issued in respect of such project as the 
same become due and payable, and (c) to create and maintain reserves re- 
quired or provided for in any resolution authorizing, or trust agreement 
securing, such revenue bonds of the corporation. Such rates, rents, fees, 
and charges shall not be subject to supervision or regulation by any depart- 
ment, commission, board, body, bureau or agency of the state other than 
the corporation. A sufficient amount of the revenues derived in respect 
of a project, except such part of such revenues as may be necessary to pay 
the cost of maintenance, repair, and operation and to provide reserves 
and for renewals, replacements, extensions, enlargements, and improve- 
ments as may be provided for in the resolution authorizing the issuance 
of any revenue bonds of the corporation or in the trust agreement securing 
the same, shall be set aside at such regular intervals as may be provided in 
such resolution or trust agreement in a sinking or other similar fund which 
is hereby pledged to, and charged with, the payment of the principal of 
and the interest on such revenue bonds as the same become due, and the 
redemption price or the purchase price of bonds retired by call or pur- 
chase as therein provided. Such pledge shall be valid and binding from 
the time when the pledge is made; the rates, rents, fees and charges, and 
other revenues or other moneys so pledged and thereafter received by 
the corporation are immediately subject to the lien of such pledge without 
any physical delivery thereof or further act, and the lien of any such pledge 
is valid and binding as against all parties having claims of any kind in tort, 
contract, or otherwise against the corporation, irrespective of whether such 
parties have notice thereof. Neither the resolution nor any trust agree- 



36 Chapter 16 [1970 

ment by which a pledge is created need be filed or recorded except in the 
records of the corporation. The use and disposition of moneys to the credit 
of such sinking or other similar fund shall be subject to the provisions of 
the resolution authorizing the issuance of such bonds or of such trust agree- 
ment. Except as otherwise provided in such resolution or such trust agree- 
ment, such sinking or other similar fund shall be a fund for all such rev- 
enue bonds issued to finance projects at a particular institution for higher 
education or participating hospital without distinction or priority of one 
over another. However, the corporation in any such resolution or trust 
agreement may provide that such sinking or other similar fund shall be 
the fund for a particular project at an institution for higher education or 
participating hospital and for the revenue bonds issued to finance a par- 
ticular project and may, additionally, permit and provide for the issuance 
of revenue bonds having a subordinate lien in respect of the security here- 
in authorized to other revenue bonds of the corporation and, in such case, 
the corporation may create separate sinking or other similar funds in re- 
spect of such subordinate lien bonds. 

16:20 Obligations of United States Agencies. Amend RSA 195-D:16, 
III (supp) as inserted by I960, 318:1 by inserting in line three after the word 
"America" the words (or in obligations of agencies of the United States of 
America) so that said paragraph as amended shall read as follows: III. Any 
such escrowed proceeds, pending such use, may be invested and reinvested 
in obligations of or guaranteed by the United States of America, or in obli- 
gations of agencies of the United States of America, or in certificates of 
deposit or time deposits secured by obligations of or guaranteed by the 
United States of America, maturing at such time or times that are appro- 
priate to assure the prompt payment, as to principal, interest, and redemp- 
tion premium, if any, of the outstanding revenue bonds to be so refunded. 
The interest, income, and profits, if any, earned or realized on any such 
investment may also be applied to the payment of the outstanding revenue 
bonds to be so refunded. After the terms of the escrow have been fully 
satisfied and carried out, any balance of such proceeds and interest, in- 
come and profits, if any, earned or realized on the investments thereof may 
be returned to the corporation for use by it in any lawful manner. 

16:21 Investments During Construction. Amend RSA 195-D:16, IV 
(supp) as inserted by 1969, 318:1 by inserting in line five after the word 
"Amercia" the words (or in obligations of agencies of the United States of 
America) so that said paragraph as amended shall read as follows: IV. The 
portion of the proceeds of any such revenue bonds issued for the additional 
purpose of paying all or any part of the cost of construction and acquiring 
additions, improvements, extensions or enlargements of a project may be 
invested and reinvested in obligations of or guaranteed by the United States 
of America, or in obligations of agencies of the United States of America, 
or in certificates of deposit or time deposits secured by obligations of or 
guaranteed by the United States of America, maturing not later than the 
time or times when such proceeds will be needed for the purpose of paying 
all or any part of such cost. The interest, income and profits, if any, earned 
or realized on such investment may be applied to the payment of all or 
any part of such cost or may be used by the corporation in any lawful man- 
ner. 



1970] Chapter 17 37 

16:22 Hearing Before Issuance of Bonds. Amend RSA 195-D:21, I (a) 
(supp) as inserted by 1969, 318:1 by inserting in line three after the word 
"state" the words (or a hospital to fulfill its obligation to provide health 
care facilities for the citizens of this state) so that said paragraph as amen- 
ded shall read as follows: (a) The construction and acquisition of such 
project will enable or assist an institution for post-secondary or higher edu- 
cation to fulfill its obligations in providing education to the youths of this 
state or a hospital to fulfill its obligation to provide health care facilities for 
the citizens of this state; and 

16:23 Use of Facilities. Amend RSA 195-D:21, I (b) (supp) as inserted 
by 1969, 318:1 by inserting in line two after the word "education" the words 
(or a financially responsible hospital) so that said paragraph as amended 
shall read as follows: (b) Such project will be leased to, or owned by, a fi- 
nancially responsible institution for post-secondary or higher education or 
a financially responsible hospital within the state; and 

16:24 Additional Provisions. Amend RSA 195-D:23 (supp) as inserted 
by 1969, 318:1 by striking out in line four the words "Building Corpora- 
tion" and inserting in place thereof the words (and Health Facilities Author- 
ity) so that said section as amended shall read as follows: 195-D:23 Act 
Cumulative; No Notice Required. Neither this chapter nor anything herein 
contained is or shall be construed as a restriction or limitation upon any 
powers which the New Hampshire Higher Educational and Health Facili- 
ties Authority might otherwise have under any laws of this state, and this 
chapter is cumulative of any such powers. This chapter does and shall be 
construed to provide a complete, additional, and alternative method for the 
doing of the things authorized thereby and shall be regarded as supplemen- 
tal and additional to powers conferred by other laws. However, the issu- 
ance of revenue bonds and revenue refunding bonds under the provisions 
of this chapter need not comply with the requirements of any other state 
law applicable to the issuance of bonds, and contracts for the construction 
and acquisition of any project undertaken pursuant to this chapter need 
not comply with the provisions of any other state law applicable to contracts 
for the construction and acquisition of state owned property. No proceed- 
ings, notice or approval shall be required for the issuance of any bonds or 
any instrument as security therefor, except as is provided in this chapter. 

16:25 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 28, 1970.] 
[Effective date June 27, 1970.] 



CHAPTER 17. 

AN ACT RELATIVE TO THE PIERCE BRIGADE, INC. 

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

17:1 Appropriation. The sum of twenty thousand dollars is hereby 
appropriated to the Pierce Brigade, Inc., a New Hampshire nonprofit cor- 



38 Chapter 18 [1970 

poration, to be used by said corporation only for the purpose of renovating 
and restoring the Pierce Manse, homestead of Franklin Pierce, in Concord, 
and upon the condition that the Pierce Brigade, Inc., for itself and its suc- 
cessors and assigns agree in writing, in a form approved by the attorney gen- 
eral, that should said homestead ever be used for any purpose other than 
as an historic landmark and museum it shall become the property of the 
state of New Hampshire. The sum hereby appropriated shall be a charge 
against the additional markup provided for the Laws of 1969, 186 which is 
thereby credited to and made a part of the legislative appropriation. 

17:2 Historical Commission. The chairman of the state historical com- 
mission shall act as an advisor to the Pierce Brigade, Inc. Said chairman 
shall see to it that the sum hereby appropriated is employed only for the 
purposes set forth in section 1 and shall take whatever action is necessary for 
the state to succeed to the property of the Pierce Manse in the event that 
the property is used for purposes other than those set forth in section 1. The 
chairman shall annually make a report to the governor and council con- 
cerning the provisions of this act. 

17:3 Federal Funds. The commissioner of resources and economic de- 
velopment shall apply for federal financial aid available for the purposes 
set forth in section 1. Any federal funds recovered shall first be applied to 
reimburse the state up to the amount appropriated in section 1 and shall 
second be transferred to the Pierce Brigade, Inc. 

17:4 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 29, 1970.] 
[Effective date June 28, 1970.] 



CHAPTER 18. 



AN ACT REPEALING PROVISIONS REQUIRING PUBLIC HEARINGS PRIOR TO VOTE 
ON BOND ISSUES OF CERTAIN MUNICIPALITIES. 

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

18:1 Repeal. RSA 33:8-a (supp) as inserted by 1969, 438:1, relative to 
public hearings on bond issues, is hereby repealed. 

18:2 Procedure. Amend RSA 33:8 (supp) as amended by 1969, 438:2 by 
striking out said section and inserting in place thereof the following: 33:8 
Town or District Bonds or Notes. Except as otherwise specifically provided 
by law, the issue of bonds or notes by any municipal corporation, except a 
city, shall be authorized by a vote of two-thirds, and the issue of tax antici- 
pation notes, by a vote of a majority, of all the voters present and voting at 
an annual or special meeting of such corporation, called for the purpose; 
provided, however, that no such action taken at any special meeting shall 
be valid unless a majority of all the legal voters are present and vote thereat, 
unless the governing board of any municipality shall petition the superior 
court for permission to hold an emergency special meeting, which, if granted. 



1970] Chapter 19 39 

shall give said special meeting, the same authority as an annual meeting 
and provided further that the warrant for such special meeting shall be 
published once in a newspaper having a general circulation in the munici- 
pality uithin one week after the posting thereof. The warrant for any such 
annual or special meeting shall be served or posted at least fourteen days 
before the date thereof. Every warrant shall be deemed to have been duly 
served or posted, if the return thereon shall so state, and it shall be certified 
by the officer or officers required to serve or post the same. All bonds or 
notes, authorized in accordance with this chapter, shall be signed by the 
governing board, or a majority thereof, and countersigned by the treasurer 
of the municipality, and shall have the corporate seal, if any, affixed thereto. 
The discretion of fixing the date, maturities, denominations, the interest 
rate, or discount rate in the case of notes, the place of payment, the form 
and other details of said bonds or notes, and of providing for the sale there- 
of, may be delegated to the governing board or to the treasurer and shall, 
to the extent provision therefor shall not have been made in the vote au- 
thorizing the same, be deemed to have been delegated to the governing 
board. 

18:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 30, 1970.] 
[Effective date June 29, 1970.] 



CHAPTER 19. 



AN ACT PROVIDING FOR CONSUMER PROTECTION AND MAKING AN 
APPROPRIATION THEREFOR. 

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

19:1 Unfair Trade Practices Prohibited. Amend RSA by inserting 
after chapter 358 the following new chapter: 

Chapter 358-A 
Regulation of Business Practices for Consumer Protection 

358-A: 1 Definitions. As used in this chapter the following terms shall 
have the following meaning: 

I. "Person" shall include, where applicable, natural persons, corpora- 
tions, trusts, partnerships, incorporated or unincorporated associations, and 
any other legal entity. 

II. "Trade" and "commerce" shall include the advertising, offering for 
sale, sale, or distribution of any services and any property, tangible or in- 
tangible, real, personal or mixed, and any other article, commodity, or thing 
of value wherever situate, and shall include any trade or commerce directly 
or indirectly affecting the people of this state. 

III. "Documentary material" shall include the original or a copy of 
any book, record, report, memorandum, paper, communication, tabulation. 



40 Chapter 19 [1970 

map, chart, photograph, mechanical transcription, or other tangible docu- 
ment or recording, wherever situate. 

IV, "Examination of documentary material" shall include the inspec- 
tion, study, or copying of any such material, and the taking of testimony 
under oath or acknowledgement in respect of any such documentary ma- 
terial or copy thereof, 

358-A:2 Acts Unlawful. 

I, It shall be unlawful for any person to use any unfair method of com- 
petition or any unfair or deceptive act or practice in the conduct of any 
trade or commerce within this state. Such unfair method of competition or 
unfair or deceptive act or practice shall include, but is not limited to, the 
following: 

(a) Passes off goods or services as those of another; 

(b) Causes likelihood of confusion or of misunderstanding as to the 
source, sponsorship, approval, or certification of goods or services; 

(c) Causes likelihood of confusion or of misunderstanding as to affili- 
ation, connection or association with, or certification by, another; 

(d) Uses deceptive representations or designations of geographic origin 
in connection with goods or services; 

(e) Represents that goods or services have sponsorship, approval, char- 
acteristics, ingredients, uses, benefits, or quantities that they do not have or 
that a person has a sponsorship, approval, status, affiliation, or connection 
that he does not have; 

(f) Represents that goods are original or new if they are deteriorated, 
altered, reconditioned, reclaimed, used or secondhand; 

(g) Represents that goods or services are of a particular standard, qual- 
ity, or grade, or that goods are of a particular style or model, if they are of 
another; 

(h) Disparages the goods, services, or business of another by false or 
misleading representation of fact; 

(i) Advertises goods or services with intent not to sell them as adver- 
tised; 

(j) Advertises goods or services with intent not to supply reasonably 
expectable public demand, unless the advertisement discloses a limitation 
of quantity; or 

(k) Makes false or misleading statements of fact concerning the reasons 
for, existence of, or amounts of price reductions. 

358-A:3 Exempt Transactions; etc. The following transactions shall 
be exempt from the provisions of this chapter: 

I, Trade or commerce otherwise permitted under laws as administered 
by any regulatory board or officer acting under statutory authority of this 
state or of the United States; 

II, Trade or commerce of any person whose gross revenue at least 
twenty per cent of which is derived from transactions in interstate com- 
merce, excepting however, transactions and actions which (a) occur primar- 
ily and substantially within this state, and (b) the Federal Trade Commis- 



1970] Chapter 19 41 

sion or its designated representative has failed to assert in writing within 
fourteen days of notice to it and to said person by the attorney general its 
objection to action proposed by him and set forth in said notice; 

III. Trade or commerce of any person who shows that he has had 
served upon him by the Federal Trade Commission a complaint pursuant 
to 15 U.S.C. 45(b) relating to said trade or commerce until the Federal 
Trade Commission has either dismissed said complaint, secured an assur- 
ance of voluntary compliance, or issued a cease and desist order relating to 
said complaint pursuant to 15 U.S.C. 45(b); 

IV. Publishers, broadcasters, printers, or other persons engaged in the 
dissemination of information or reproduction of printed or pictorial matter 
who publish, broadcast, or reproduce material without knowledge of its 
deceptive character; 

V. The burden of proving exemptions from the provisions of this 
chapter by reason of paragraphs I, II, III, and IV of this section, shall be 
upon the person claiming the exemption. 

358-A:4 Administration; Enforcement. 

I. There is hereby established in the office of attorney general a con- 
sumer protection division. Said division shall be directed by an assistant at- 
torney general who shall be appointed by the attorney general in accordance 
with the provisions of RSA 7:16 who shall carry out the provisions of this 
chapter under the supervision of the attorney general and do such other 
work as the attorney general may assign. The attorney general shall also 
appoint an investigator and such other staff as may be necessary to carry out 
the provisions hereof within the limits of the appropriation therefor. 

II. The attorney general may establish such rules and regulations as 
may be necessary or desirable for the proper administration of this chap- 
ter. 

III. Whenever the attorney general has reason to believe that trade or 
commerce declared unlawful by section 2 hereof has been, is being or is 
about to be conducted by any person, he may bring an action in the name of 
the state against such person to restrain by temporary or permanent injunc- 
tion the use of such trade or commerce. The action may be brought in the 
superior court of the county in which said person resides or has his princi- 
pal place of business, or, with the consent of the parties, or if the person is 
a nonresident. and has no place of business within the state, in the superior 
court of Merrimack county. 

IV. Any county attorney or law enforcement officer receiving notice of 
any alleged violation of this chapter shall immediately forward written no- 
tice of the same with any other information that he may have to the office 
of the attorney general. 

358-A:5 Notice. At least ten days prior to commencement of any action 
under section 358-A:4, the attorney general shall notify the person of his 
intended action, and give the person an opportunity to confer with the at- 
torney general, or his agent, in person or by counsel or other representative 
as to the proposed action. Said notice shall be given by mail, postage pre- 
paid, sent to his usual place of business, or if none, to his last known ad- 
dress. 



42 Chapter 19 [1970 

358-A:6 Penalties. 

I. Any person convicted of violating section 2 hereof shall be guilty of 
a misdemeanor and shall be fined not more than one thousand dollars. 

II. Any person who violates the terms of an injunction issued under 
section 358-A:4, III, shall be fined not more than ten thousand dollars for 
each violation. For the purposes of this section, the court issuing said in- 
junction shall retain jurisdiction, 

III. Any person who subverts the intent and purposes of this chapter 
by filing false, misleading, or substantially inaccurate statements with the 
attorney general for the purposes of effecting prosecution under this act 
shall be deemed to have committed a misdemeanor and shall be fined not 
more than fifty dollars. 

358-A:7 Assurance of Discontinuance. Nothing herein contained shall 
be construed as preventing the attorney general, in cases in which he is au- 
thorized to bring an action, from accepting in lieu thereof an assurance of 
discontinuance of any act or practice which violates this chapter. Such as- 
surance may include a stipulation for the voluntary payment by the alleged 
violator of the costs of investigation by the attorney general, or of an 
amount to be held in escrow pending the outcome of an action, or of an 
amount to restore to any person any money or real or personal property 
which may have been acquired by such alleged violator, or all three. Any 
such assurance of discontinuance shall be in writing and be filed with the 
superior court of Merrimack county. Matters thus closed may be re-opened 
by the attorney general at any time it is in the public interest. Evidence of a 
violation of such assurance shall constitute prima facie evidence of an act or 
practice declared to be unlawful by this chapter in any action thereafter 
commenced by the attorney general. 

358-A:8 Subpoena; Production of Books, Examination of Persons, etc. 

I. Authority of Attorney General. The attorney general shall have the 
power to subpoena and subpoena duces tecum in the name of the attorney 
general for the purposes of this chapter. Witnesses summoned by the attor- 
ney general shall be paid the same fee and mileage that are paid witnesses 
in the superior court of the state. A subpoena or subpoena duces tecum of 
the attorney general may be served by any person designated in the sub- 
poena or subpoena duces tecum to serve it. The attorney general may ad- 
minister an oath or affirmation to any person and conduct hearings in aid 
of any investigation. Any testimony given by any person so sworn shall be 
subject to the pains and penalties of perjury. 

II. Without limiting the authority granted in paragraph I the attor- 
ney general, whenever he believes any person to be or to have been in vio- 
lation of this chapter, may examine or cause to be examined for that pur- 
pose any books, records, papers or other documentary materials, or may ex- 
amine any person under oath and subject to the pains and penalties of per- 
jury that he thinks may have knowledge of said violation. For said examina- 
tion the attorney general may require said person to appear at his place of 
residence, place of business or any place in this state. 

III. Notice. The attorney general shall serve notice of the time, place, 
and cause of said examination at least ten days prior to the date thereof. 



1970] Chapter 19 43 

Service of any such notice may be made by: (1) Delivering a duly executed 
copy thereof to the person to be served or his agent authorized by law to 
receive service of process; or (2) Delivering a duly executed copy thereof to 
said person's principal place of business in this state, if any; or (3) Regis- 
tered mail, return receipt requested, to the person to be served, or his agent 
authorized by law to receive service of process. 

IV. Limitations. No such notice shall make improper or unreasonable 
requirements, nor require the production of privileged information. 

V. Extension; Modification. At any time prior to the date specified in 
the notice, or within twenty-one days after the notice has been served, 
whichever period is shorter, the superior court may, upon motion for good 
cause shown, extend said reporting date, or modify or set aside the demand. 
The motion may be filed in the superior court of the county in which said 
person resides or has his usual place of business, or in Merrimack county. 

VI. Use of Information. Any information, testimony, or documentary 
material obtained under the authority of this section shall be used only in 
connection with investigations instituted under this chapter or for the pros- 
ecution of legal proceedings instituted under this chapter and for no other 
purpose. 

VII. Penalty. Any person who fails to comply with any notice served 
upon him under this section, shall be fined not more than five thousand 
dollars. 

358-A:9 Habitual violation of Injunction. Upon petition by the at- 
torney general, the court may order, for habitual violation of injunctions 
issued pursuant to section 4, III, hereof, the dissolution, suspension, or for- 
feiture of franchise of any corporation, or the right of any foreign cor- 
poration to do business in the state. 

358- A: 10 Restitution. Any person who has been defrauded by another 
person by use of an act or practice declared unlawful by this chapter, may 
bring an action for restitution against said person for his total loss and in 
the event of recovery shall be awarded all of his reasonable legal costs and 
expenses, as approved by the court, plus interest as added by the clerk of 
court on the amount awarded as restitution computed from the date of in- 
stitution of said action to date of payment. 

358-A:ll Proof Required. In order to prevail in any prosecution under 
this chapter, it is not necessary to prove actual confusion or misunderstand- 
ing. 

358-A:12 Other Actions Saved. This chapter does not affect unfair 
trade practices otherwise actionable at common law or under other statutes 
of this state. 

19:2 Additional Assistant Attorney General. Amend RSA 7:16 (supp) 
as amended by 1957, 315:1, 1963, 209:1 and 1967, 413:1 by striking out in 
line two the word "seven" and inserting in place thereof the word (nine) so 
that said section as amended shall read as follows: 7:16 Assistant Attorneys 
General. The attorney general, subject to the approval of the governor and 
council, may appoint nine assistant attorneys general, each of whom shall 



44 Chapter 20 [1970 

hold office for a term of five years. Any vacancy in such office may be filled 
for the unexpired term. An assistant attorney general may be removed only 
as provided by RSA 4:1. 

19:3 Compensation. 

I. Amend RSA 94:1 (supp) as amended by striking out where it ap- 
pears in proper alphabetical order the line reading "Assistant attorney gen- 
eral (8) 10,670 16,006" and inserting in place thereof the following: 
(Assistant attorney general (9) 10,670 16,006). 

II. Amend RSA 94;l-a (supp) as inserted by 1969, 500:12 by striking out 
where it appears in proper alphabetical order the line reading 'Assistant 
attorneys general (8) 15,226 17,129" and inserting in place thereof 
the following: (Assistant attorneys general (9) 15,226 17,129). 

19:4 Appropriation. There is hereby appropriated the sum of forty-five 
thousand, two hundred twenty-six dollars for fiscal year 1971, t^ be ex- 
pended by the attorney general for the purposes of this act as follows: 

1971 
Assistant attorney general $15,226 

Permanent personnel 

2 Investigators (labor grade 19) 16,156 

Legal steno II (labor grade 10) 5,309 

Equipment 

Desks and chairs (3) 1,000 

Typewriter and stand (1) 535 

Current expenses 2,000 

Travel 

In state 4,000 

Out-of-state 1,000 



Total $45,226 

This appropriation shall be in addition to all other appropriations for 
the office of attorney general. The governor is authorized to draw his warrant 
for said sums out any money in the treasury not otherwise appropriated. 

19:5 Effective Date. This act shall take effect upon its passage. 
[Approved April 30, 1970.] 
[Effective date April 30, 1970.] 



CHAPTER 20. 



AN ACT IMPOSING A TAX ON CERTAIN INCOMES AND MAKING AN 
APPROPRIATION THEREFOR. 

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

20:1 Tax Imposed. Amend RSA by inserting after chapter 77-A the 
following new chapter: 



1970] Chapter 20 45 

Chapter 77-B 
Commuters Income Tax 

77-B:l Definitions. As used in this chapter the following terms shall 
have the following meanings unless the context clearly requires otherwise: 

I. "Adjusted gross income" shall mean, for any taxable year, the adjusted 
gross income as defined in the United States internal revenue code in effect 
for that taxable year but excluding income which under the code is ex- 
empted from taxation by the state. 

II. "Commission" shall mean the state tax commission. 

III. "Estimated tax" shall mean the amount which the individual 
estimates as the amount of the income tax imposed by this chapter for the 
taxable year, minus the amount which the individual estimates as the sum 
of any credits against such tax. 

IV. "Taxpayer" shall mean any person subject to the provisions of 
this chapter. 

V. "Individual" shall mean a natural person. 

VI. "New Hampshire taxable income" shall mean, for any taxable 
year, taxable income as defined under the United States internal revenue 
code in effect for that taxable year less any New Hampshire derived income 
and less an exemption of two thousand dollars.* 

*This paragraph amended by 1970, 57:8. 

VII. "Person" shall mean any individual. 

VIII. "Taxable year" shall mean the calendar or fiscal year, or portion 
thereof, upon the basis of which the New Hampshire tax is computed. 

IX. "Taxable nonresident" shall mean any nonresident of the state 
whose adjusted gross income that taxable year includes any amount of New 
Hampshire derived income. 

X. "New Hampshire derived income" shall mean, for any taxable 
year: 

(a) rents, royalties and gain derived from the ownership of property 
within the state; 

(b) wages, salaries, fees, commissions or other income received with 
respect to personal services performed of whatever kind and in whatever 
form paid derived from activities (1) performed within this state, or (2) per- 
formed from a base of operations within this state and not subject to an 
income tax within the state where the services are performed. 

(c) income derived from every business, trade, occupation or profes- 
sion of the taxpayer to the extent that the business, trade, occupation or 
profession is carried on within the state. But New Hampshire derived in- 
come shall not include any income excluded from adjusted gross income 
as defined in this section.* 

*This subparagraph amended by 1970, 57:8. 

XI. "Resident" shall mean: 

(a) an individual domiciled in the state except one who maintains a 
permanent place of abode outside the state, does not maintain one within 



46 Chapter 20 [1970 

the state and does not spend more than thirty days of the taxable year 
within the state; or 

(b) an individual who maintains a permanent place of abode within 
the state and spends more than one hundred eighty-three days of the tax- 
able year within the state. 

XII. For the purposes of this act, interest, dividends and capital gains 
received by the taxpayer from the ownership or sale of stock or from a 
beneficial interest in a trust and all income received by the taxpayer from 
a retirement system of any kind or from an annuity or other insurance 
plan shall be deemed to have been earned in the state of residence of said 
taxpayer. 

77-B:2 Tax Imposed. 

I. On Residents, Income Earned Outside New Hampshire. A tax is 
hereby imposed upon every resident of the state, which shall be levied, 
collected and paid annually at the rate of four percent of their income 
which is derived outside the state of New Hampshire as defined in RSA 
77-B:l "New Hampshire taxable income;" provided, however, that if such 
income shall be subject to a tax in the state in which it is derived, such tax 
shall constitute full satisfaction of the tax hereby imposed; and provided 
further, that if such income is exempt from taxation because of statutory 
or constitutional provisions in the state in which it is derived, or because 
the state in which it is derived does not impose an income tax on such in- 
come, it shall be exempt from taxation under this paragraph. 

II. On Nonresidents, Income Earned in New Hampshire. A tax is 
hereby imposed upon every taxable nonresident, which shall be levied, 
collected and paid annually at the rate of four percent of their New Hamp- 
shire derived income as defined in RSA 77-B:l less an exemption of two 
thousand dollars; provided, however, that if the tax hereby imposed ex- 
ceeds the tax which would be imposed upon such income by the state of 
residence of the taxpayer, if such income were earned in such state, the 
tax hereby imposed shall be reduced to equal the tax which would be im- 
posed by such other state. 

III. Exception. Notwithstanding the provisions of paragraphs I and 
II, no tax shall be imposed upon salaries paid to men or women in the 
armed forces of the United States. 

77-B:3 When Taxed. The tax imposed by RSA 77-B:2 shall be levied, 
collected, and paid by the fifteenth of the fourth month following the close 
of the taxable year. 

77-B:4 Administration. 

I. This chapter shall be administered and enforced by the tax commis- 
sion. A division of commuters income tax is hereby established within said 
commission. The commission shall appoint a director under the personnel 
laAvs who shall have such powers, duties and functions in the enforcement 
and administration of this division as the commission may from time to time 
assign. The director shall furnish a bond in an amount set under RSA 93. 
The director shall appoint necessary assistants under the personnel law sub- 
ject to the approval of the commission.* 

*This paragraph amended by 1970, 57:7. 



1970] Chapter 20 47 

II. Subject to the approval of the commission, the director may pre- 
scribe rules and regulations reasonably designed to carry into effect the 
intent and purpose of this chapter. These rules and regulations are prima 
facie evidence of its proper interpretations. 

III. Subject to approval of the commission, the director is authorized 
to equip the division with furniture, equipment and supplies necessary to 
administer the division. 

IV. The expenditures authorized by paragraphs I and III of this sec- 
tion shall be a charge against the moneys collected pursuant to this chapter, 
provided, however, that until such time as moneys received pursuant to this 
chapter equal the cost of administering the same, the expenditures shall 
be a charge against the general fund. The governor is authorized to draw 
his warrants from the sums so authorized out of any money in the treasury 
not otherwise appropriated. 

77-B:5 Credit for Taxes Withheld. Income upon which any tax is 
required to be withheld at its source under RSA 77-B: 10-16 shall be included 
in the return of the recipient of such income, but any amount of tax so 
withheld shall be credited against the amount of income tax as computed in 
such return. 

77-B:6 Reciprocal Provisions. The commission is authorized to enter 
with any other state or country a reciprocal agreement in which such other 
state or country agrees not to impose a personal income tax upon income 
received by residents of this state and this state agrees not to impose a per- 
sonal income tax upon income received by residents of such other state 
or country; provided, however, that such reciprocal agreement shall not 
become effective until the beginning of the next fiscal biennium after the 
date of such agreement. 

Returns 

77-B:7 Individuals.* A taxpayer shall file a return of his net income for 
such a period and on such accounting basis as is authorized under the in- 
ternal revenue code. For each taxable year, returns shall be made to the 
commission in such form and manner and to such extent as it shall prescribe 
by regulations, by the following taxpayers: 

I. A resident having for such taxable year any New Hampshire tax- 
able income as defined in RSA 77-B:l; provided, however, that if it shall 
appear to the satisfaction of the commission that any residents of this state, 
or class of residents of this state, who are subject to the tax imposed by 
this act, are liable for tax upon the same income under the law imposed 
for the taxable year by another state and are thereby entitled to a credit 
allowed by section 2 of this chapter against the tax otherwise due under 
this chapter, the commission shall by regulation relieve such residents or 
class of residents from being required to make any return under this chapter. 

II. A nonresident having for such taxable year New Hampshire de- 
rived income of two thousand dollars or more. 

A husband and wife may make a single joint return to the commission 
for a taxable year for which such a return is filed under the laws of the 
United States. If the taxpayer if unable to make his own return, the return 



48 Chapter 20 [1970 

shall be made by a duly authorized agent or by the guardian or other person 
charged with the care of the person or property of such taxpayer. 

*This section amended by 1970, 57:10. 

77-B:8 Information Returns. Each individual, partnership, corpora- 
tion, joint stock company or association or insurance company, being a 
resident or having a place of business in this state, in whatever capacity 
acting, including lessees or mortgagors of personal property, fiduciaries, 
employers and all officers and employees of the state or of any political sub- 
division of the state, having the control, receipt, custody, disposal or pay- 
ment of salaries, wages, rentals, or other compensation or income subject 
to the provisions of this chapter paid or payable during any year to any 
individual subject to a tax under this chapter shall on such date or dates 
as the commission shall from time to time designate, make complete return 
thereof to the commission. 

77-B:9 Form and Verification of Returns. Returns shall be in such 
form as the commission may from time to time prescribe and shall be filed 
at any office which may be established on or before the fifteenth day of the 
fourth month following the close of the taxable year. In case of sickness, 
absence or other disability, or whenever good cause exists, the commission 
may allow further time for filing returns. Returns shall be verified by writ- 
ten declarations that the statements therein are made subject to the pains 
and penalties of perjury. When a return is made for a corporation or part- 
nership, the person signing such return shall be deemed to be the person 
subject to the pains and penalties of perjury. The commission shall cause 
to be prepared blank forms for the returns and shall cause them to be dis- 
tributed throughout the state and to be furnished upon application, but 
failure to receive or secure the form shall not relieve a taxpayer from the 
obligation of making the return herein required. 

Withholding of Tax 

77-B:10* Who Must Withhold. Every employer, as defined under the 
laws of the United States in effect April 26, 1947, wdth respect to income 
tax collected at its source, employing any person liable for a tax pursuant 
to the provisions of this chapter shall deduct and withhold upon wages 
subject to the provisions of this chapter paid to said employee, a tax equal to 
four percent of such wages subject to the provisions of RSA 77-B:13. 

*This section amended by 1970, 57:11. 

77-B:ll Return of Withheld Taxes. Every employer required to de- 
duct and withhold any tax under RSA 77-B:10 shall make return thereof 
to the commission on or before February fifteenth in each year and shall 
pay quarterly the tax withheld to the commission, provided, however, that 
the commission may, if such action is necessary in any emergency where 
collection of the tax may be in jeopardy, require such employer to make 
such return and pay such tax at any time, or from time to time. 

77-B:12 Employer's Liability. Every employer required to deduct and 
withhold a tax under RSA 77-B:10 is hereby made liable for such tax and 
is hereby indemnified against the claims and demands of any individual, 
corporation or partnership for the amount of any payments made in ac- 
cordance with the provisions of this chapter. 



1970] Chapter 20 49 

77-B:13 Use of Withholding Tables. At the election of the employer 
with respect to such employee, the employer may deduct and withhold 
upon the wages paid to such employee a tax determined on the basis of 
tables to be prepared and furnished by the commission, which tax shall be 
substantially equivalent to the tax provided in RSA 77-B:10 and which 
shall be in lieu of the tax required in such section. 

77-B:14 Amount of Withheld Taxes as Lien Against Employer. If any 

employer required to deduct and withhold a tax under RSA 77-B:10 ne- 
glects or refuses to pay the same after demand, the amount, including in- 
terest after such demand, together with any costs that may accrue in addi- 
tion thereto, shall be a lien in favor of the state of New Hampshire upon 
all property and rights to property, whether real or personal, belonging 
to such employer. Such lien shall arise at the time the assessment and de- 
mand is made by the commission and shall continue until the liability for 
such sum, with interest and costs, is satisfied or becomes unenfoiceable. 
Such lien shall be valid as against any subsequent mortgagee, pledgee, pur- 
chaser or judgment creditor when notice of such lien and the sum due has 
been filed by the commission with the clerk of the town or city in which 
the property subject to the lien is situated, or, in the case of an unorgan- 
ized town or grant, in the office of the register of deeds for the county 
wherein such property is situated. In the case of any prior mortgage on 
real or personal property so written as to secure a present debt and 
also future advances by the mortgagee to the mortgagor, the lien herein 
provided, when notice thereof has been filed in the proper clerk's office, 
shall be subject to such prior mortgage unless the commission also notifies 
the mortgagee of the recording of such lien in writing, in which case any 
indebtedness thereafter created from mortgagor to mortgagee shall be 
junior to the lien herein provided for, 

77-B:15 Release of Lien. The commission shall issue and record a cer- 
tificate of release of the lien if: 

I. The commission finds that the liability for the amount assessed 
and demanded, together with interest and costs, has been satisfied or has 
become unenforceable; or 

II. There is furnished to the commission a bond with surety approved 
by the commission in a penal sum sufficient to equal the sum assessed and 
demanded, together with interest and costs, said bond to be conditioned 
upon the payment of any judgment rendered in proceedings regularly in- 
stituted by the commission to enforce collection thereof at law. 

77-B:16 Foreclosure of Lien. The lien provided for by RSA 77-B:14 
may be foreclosed in the case of real estate agreeably with the provisions of 
law relating to foreclosure of mortgages on real estate, and in the case of 
personal property, agreeably with the provisions of law relating to the fore- 
closure of chattel mortgages. 

Estimated Tax Declarations 
77-B:17 Who Must File. 

1. Individuals liable for the tax assessed under this chapter shall an- 
nually on the fifteenth of the fourth month following the close of the tax- 



50 Chapter 20 [1970 

able year furnish the tax commission with an estimate of income subject to 
taxation under this chapter for the current taxable year from which no 
New Hampshire withholding tax is expected to be made if such income 
can reasonably be expected to exceed ten thousand dollars. 

II. The filing of estimates shall not be applicable to persons receiving 
their income from farming as defined under the United States code. 

77-B:18 Payment of Estimated Tax. Each taxpayer required to file an 
estimated tax declaration shall include with his declaration of estimated 
income payment of not less than one-quarter of the tax due thereon. There- 
after, on the fifteenth days of the sixth and ninth months following the 
close of the taxable year the taxpayer shall pay not less than one-quarter 
of the tax due upon said estimated income or any revised estimate thereof. 

77-B:19 Payment of Fourth Installment — General Rule. Annually 
on the fifteenth day following the close of the taxable year for which the 
estimate of income was made, the taxpayer, whose income can reasonably 
be expected to exceed his estimated income by thirty percent or more shall 
file an amended declaration of estimated income on or before such date 
and make payment in full of the balance of tax due thereon, or in lieu 
thereof may file a return for the taxable year for which the estimate was 
made and pay the tax in full as computed on the return on or before the 
last day of the first month following the close of said taxable year. Other- 
wise, the final quarterly payment may be made with the taxpayer's return 
on the fifteenth day of the fourth month following the close of the taxable 
year for which the taxes were due. 

77-B:20 — Exceptions. This requirement to amend or file a return 
shall not apply, however, if the taxpayer files a declaration of estimated 
income and makes payment of the tax due thereon as provided in this 
chapter, based upon: 

I. The tax shown on the return by the taxpayer for the preceding 
taxable year, if a return showing a liability for tax was filed by the taxpayer 
for the preceding taxable year and such preceding year was a taxable year 
of twelve months, or 

II. An amount equal to the tax computed at the rates applicable to 
the taxable year, on the basis of the taxpayer's status for the taxable yearj_ 
but otherwise on the basis of the facts shown on his return for, and the law 
applicable to, the preceding taxable year, 

77-B:21 Adjustments; Procedure. The commission is empowered to 
determine whether there has been error in the assessment of the tax im- 
posed by this chapter, in accordance with the following provisions: 

I. The taxpayer may demand such a determination, in writing, with- 
in three years after the tax was due or paid, whichever is later; 

II. The commission may, on its own motion, undertake such a deter- 
mination upon written notice to the taxpayer given within three years 
after the tax was due or paid, whichever is later. 

III. After hearing, if requested by the taxpayer, the commission shall 
affirm or shall increase or decrease the tax theretofore assessed. Any increase 
ordered by the commission shall be assessed against the taxpayer and shall 



1970] Chapter 20 51 

carry ten percent interest from the date originally due. Any decrease ordered 
by the commission shall, with ten percent interest from the date the tax 
was paid, be credited against any unpaid tax then due from the taxpayer 
and any balance due the taxpayer shall be certified to the state treasurer 
who shall pay the balance to the taxpayer, but such credit and payment 
together may not exceed the amount of the tax originally paid, plus in- 
terest. 

77-B:22 Appeal. Within thirty days after notice of any adjustment of 
a tax by the commission under RSA 77-B:21, a taxpayer may appeal the 
commission's determination by petition to the superior court in the county 
where the taxpayer resides or, if not a resident, in the county where he 
has a place of business or a resident agent. The superior court shall deter- 
mine the correctness of the commission's action de novo. 

Miscellaneous Provisions 

77-B:23 Penalty. Whoever violates any of the provisions of this chap- 
ter shall be fined not less than one hundred dollars nor more than two 
thousand dollars, or imprisoned not more than one year or both. 

77-B:24 Disposal of Revenue. The revenue received from this tax, 
after paying the expense of administrating this chapter shall be paid into 
the general fund. 

77-B:25 Investigation, etc. 

*I. The commission may take the oath of any person in the course of 
any examination, investigation or hearing authorized by this chapter. In con- 
nection with hearings, the commission and taxpayer have the power to 
compel attendance of witnesses and the production of books, records, papers, 
vouchers, accounts or other documents. The commission and taxpayer may 
take the depositions of witnesses residing within or without the state per- 
taining to a matter under this chapter, in the same way as depositions of 
witnesses are taken in civil actions in the superior court. Fees of witnesses 
are the same as those allowed to witnesses in the superior court and in the 
case of witnesses summoned by the commission shall be considered as an 
expense of administration of this chapter. 

*This paragraph amended by 1970, 57:9. 

II. Any notice required by this chapter to be given by the commission 
to a taxpayer shall be made by certified mail to the last known address of 
the taxpayer and in the case of hearings shall be given at least ten days 
before the date thereof. 

77-B:26 Confidentiality of Commission Records. Notwithstanding any 
other provision of law and except as hereinafter provided, the records and 
files of the commission respecting the administration of this chapter are 
confidential and privileged. The commission, and any employee engaged 
in the administration of this chapter or charged with the custody of any 
such records or files, shall not disclose any information obtained from the 
commission's records or files or from any examination, investigation or 
hearing authorized by this chapter. Neither the commission nor any em- 
ployee of the commission may be required to produce any of the records, 



52 Chapter 20 [1970 

files and information for the inspection of any person or for use in any 
action or proceedings. The following exceptions apply to this section: 

I. Testimony by a member or employee of the commission and pro- 
duction of records, files and information in behalf of the commission or a 
taxpayer in any action or proceeding under the provisions of this chapter 
where such testimony or the records or files or information, or the facts 
shown thereby are directly involved in the action or proceeding; 

II. Delivery to a taxpayer or his duly authorized representative of a 
copy of any return or other paper filed by the taxpayer pursuant to this 
chapter; 

III. Publication of statistics so classified as to prevent the identifica- 
tion of a particular return and the items of the return; 

IV. Exchange of information with the United States internal revenue 
service in accordance with compacts made and provided for such cases; 

V. Disclosure in confidence to the governor and council or their agent 
in the exercise of their general supervisory powers, or to any person author- 
ized to audit the accounts of the commission in pursuance of such audit, 
or to the attorney general or other legal representative of the state in con- 
nection with an action or proceeding under this chapter, 

77-B:27 Preference. The taxes and interest imposed by this chapter 
have preference in any distribution of the assets of the taxpayer, whether 
in insolvency or otherwise. 

77-B:28 Dissolution of Corporations. No corporation organized under 
any law of this state may be dissolved until all taxes and interest required 
to be withheld by said corporation under this chapter have been fully paid. 
The secretary of state shall not issue a certificate of dissolution, and no 
decree of dissolution shall be signed in any court without a certificate from 
the commission that no taxes and interest imposed by this chapter are due 
and unpaid. 

20:2 Duties of Commission. Amend RSA 71:11 by inserting after para- 
graph XIII the following new paragraph: XIV. Income Tax. To enforce the 
provisions, including the issuance of reasonable rules and regulations relat- 
ing thereto, of RSA 77-B. 

20:3 Effective Date. RSA 77-B:2 as inserted by section 1 of this act 
shall take effect July 1, 1970 and the remainder of this act shall take effect 
upon its passage. ^ 

[Approved May 4, 1970.] 

[Effective date RSA 77-B:2 as inserted by section 1 of this act shall take 
effect July 1, 1970 and remainder of this act shall take effect May 4, 1970.] 



1970] Chapter 21 53 

CHAPTER 21. 

AN ACT RELATIVE TO THE SALE OF SUBDIVIDED LAND. 

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

21:1 Subdivision of Land. Amend RSA 36:27 (supp) as amended by 
1963, 163:3 and 1969, 185:1 by striking out said section and inserting in 
place thereof the following: 36:27 Penalties for Transferring Lots in Un- 
approved Subdivisions. Any owner, or agent of the owner, of any land lo- 
cated within a subdivision in a municipality that has adopted subdivision 
regulations, who transfers or sells any land, before a plat of the said subdivi- 
sion has been approved by the planning board and recorded or filed in the 
office of the appropriate register of deeds shall forfeit and pay a penalty of 
five hundred dollars for each lot or parcel so transferred or sold; and the 
description by metes and bounds in the instrument of transfer or other 
document used in the process of selling or transferring shall not exempt the 
transaction from such penalties. Said municipality may enjoin such transfer 
or sale and may recover the said penalty by civil action. In any such action 
the prevailing party may recover reasonable court costs and attorneys fees 
as same may be ordered by the court. 

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

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



CHAPTER 22. 

AN ACT TO DEFINE JURISDICTION OVER DREDGE AND FILL OPERATIONS IN 
WATERS AND WETLANDS LOCATED IN THIS STATE. 

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

22:1 Jurisdiction. Amend RSA 483-A as inserted by 1967, 215 and 
amended by 1969, 387 (supp) by inserting after section 1 the following new 
sections: 

483-A: 1-a Definition. Without limiting section 1, the waters and ad- 
jacent areas within this state to which this chapter applies are defined as 

follows: 

I. Wherever the tide ebbs and flows, it shall apply to all lands sub- 
merged or flowed by mean high tide as locally determined, and, in addition, 
to those areas which border on tidal waters, such as, but not limited to banks, 
bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal 
action (including those areas now or formerly connected to tidal waters), 
whose surface is at an elevation not exceeding three and one-half feet above 
local mean high tide and upon which grow or are capable of growing some, 
but not necessarily all, of the following: Salt meadow grass (Spartina patens), 
spike grass (Distichlis spicata), black grass (Juncus gerardi), saltmarsh grass 



54 Chapter 22 [1970 

also known as cordgrass (Spartina alterniflora), saltworts (Salicornia spp.), 
Sea Lavender (Limonium carolinianum), saltmarsh bulrushes (Scirpus mari- 
timus, var. fernaldii and Scirpus paludosus var. atlanticus), sand spurrey 
(Spergularia marina and Spergularia canadensis), high-tide bush (Iva fru- 
tescens), spike rush (Eleocharis parvula and Eleocharis halophila), chair- 
maker's rush (Scirpus americana), bent grass (Argostis palustris), coast-blite 
(Suaeda spp.), orach (Atriplex patula), arrow-grass (Triglochin maritima) 
and seaside goldenrod (Solidago sempervirens). The occurrence and extent 
of saltmarsh peat at the undisturbed surface shall be evidence of the extent 
of jurisdiction hereunder within a saltmarsh. 

II. Wherever fresh water flows or stands and in all areas above tidal 
waters not included in paragraph I of this section, it shall apply (in addition 
to great ponds or lakes of ten acres or more in natural area as provided for 
in RSA 482:41-e to 41-i and RSA 488-A), to those portions of great ponds or 
lakes created by the raising of the water level of the same whether by public 
or private structure, and to all surface waters of the state as defined in RSA 
149:1 which contain fresh water including the portion of any bank or shore 
which borders such surface waters, and to any swamp or bog subject to 
periodical flooding by fresh water including the surrounding shore. 

III. "Mean high tide" as used in this section shall be determined ac- 
cording to the published tables and standards of the United States Coast and 
Geodetic Survey, adjusted to the locality from such tables. 

483-A:I-b Finding of Public Purpose. It is found to be for the public 
good and welfare of this state to protect and preserve its submerged lands 
under tidal and fresh waters and its wetlands, (both saltwater and fresh- 
water), as herein defined, from despoliation and unregulated alteration, be- 
cause such despoliation or unregulated alteration will adversely affect the 
value of such areas as sources of nutrients for finfish, Crustacea, shellfish and 
wildlife of significant value, will damage or destroy habitats and reproduc- 
tion areas for plants, fish and wildlife of importance, will eliminate, depre- 
ciate or obstruct the commerce, recreation and aesthetic enjoyment of the 
public, will be detrimental to adequate ground water levels, will adversely 
affect stream channels and their ability to handle the runoff of waters, will 
disturb and reduce the natural ability of wetlands to absorb flood waters and 
silt, thus increasing general flood damage and the silting of open water 
channels, and will otherwise adversely affect the interests of the general 
public. 

22:2 Abutting Owners. Amend RSA 483-A by inserting after section 
2 the following new section: 483-A:2-a Notice to Abutters. Like notice 
shall be seasonably mailed to all known abutting landowners, supplemented 
by reasonable notice by newspaper publications to those unknown, as may 
be ordered by the water resources board., 

22:3 Appeal. Amend RSA 483-A:4 as inserted by 1967, 215 and amen- 
ded by 1969, 387 (supp) by striking out said section and inserting in place 
thereof the following new sections: 

483-A:4 Rehearings and Appeals; Damages. 

I. Any party to or participating in the action or proceedings before the 
board may apply for a rehearing and may appeal to the superior court for 



1970] Chapter 22 55 

the county where the land in question is located, under the same procedure 
as is provided for appeals in RSA 31:74-87, inclusive. Each appeal shall con- 
tain a careful description of the land involved in the board's decision. Ser- 
vice of the appeal shall be made on any member of the board and the 
superior court shall have the same jurisdiction to dispose of such appeals as 
is provided in the above cited sections governing appeals. 

II. If, upon appeal of the landowner, the superior court determines 
that the decision appealed from so exceeds the bounds of the police power 
as to constitute the equivalent of a taking without compensation and that 
the land as so regulated meets the public purpose standards of this chap- 
ter, and it such ruling is affirmed on appeal or becomes the law of the trial 
by failure of the state to appeal, the superior court shall, then proceed to the 
assessment of the landowner's damages. Unless the board, at this stage, con- 
sents to the reversal or modification of its decision by the superior court, 
that court shall first determine all questions of land title, after notice to all 
persons interested in the land including notice by publication to any un- 
known owners, and then shall assess the damages of the landowner or land- 
o^vners, proceeding as provided in RSA 482:25-28, inclusive, and RSA 481:- 
10, II and III, and may enter judgment against the state accordingly. The 
interest acquired by the state by virtue of such proceedings shall be a per- 
petual negative easement that the privately-owned land or interest therein 
described in the proceedings shall not thereafter be excavated, removed, 
filled, dredged, canalized or ditched, subject to any such reasonable reserva- 
tions to the landov/ner, as the board may have stipulated to, prior to the 
assessment of damages. The state may, in the alternative, purchase the land 
or interest therein in fee simple, or other acceptable title, or subject to ac- 
ceptable reservations and exceptions, by agreement with the landowner. To 
satisfy any judgment or purchase agreement hereunder, the governor and 
council, in their discretion, may draw their warrant on the marine fisheries 
fund, the fish and game fund, any other available appropriation therefor, or 
on any money in the treasury not otherwise appropriated, or any combina- 
tion thereof, as they may determine to be just and reasonable, or, in the 
alternative, they may certify a judgment to the next session of the general 
court for the passage of an appropriation of money sufficient to satisfy the 
same. The board may, in the name of the state, accept gifts of land or in- 
terests therein for the purposes of this chapter. 

III. The use of the marine fisheries fund or the fish and game fund, 
under paragraph II, shall require a finding that the expenditure will be of 
substantial benefit to marine fisheries or to fish and wildlife, as the case may 
be, and the governor and council shall request the prior opinion of the fish 
and game commission in each such case. 

483-A:4-a Administrative Provisions. 

I. The board may adopt reasonable rules and regulations to govern its 
proceedings and otherwise to carry out the purposes of this chapter. The 
requirement of public hearing in section 2 may not apply to such minor 
projects and to such minor improvements of the shoreline of those waters 
subject to the jurisdiction of this chapter, as the board may by reasonable 
general regulation provide; and as to such projects, full authority may be 
delegated to the water resources board. 



56 Chapter 22 [1970 

II. The word "person" as it appears in sections 1 and 2 shall mean any 
person, firm, partnership, association, corporation, company, organization 
or legal entity of any kind including municipal corporations, governmental 
dejDartments and agencies, or subdivisions thereof. 

III. Decisions of the board hereunder shall be consistent with the pur- 
poses of this chapter as set forth in section 1-b above. Before granting a per- 
mit hereunder, the board may require reasonable proof of ownership by a 
private landowner-applicant. Decisions of the board may contain reasonable 
conditions designed to protect the public good. No permit to dredge or fill 
shall be granted if it shall infringe on the property rights or unreasonably 
affect the value or enjoyment of property of abutting owners. 

483-A:4-b Reports of Violations. All state, county and local law en- 
forcement officers are directed to be watchful for violations of the provisions 
of this chapter and to report all suspected violations to the board. 

22:4 Assistance. The water resources board shall provide necessary ad- 
ministrative assistance for the special board established by 1969, 387:6, dur- 
ing its life, but shall be fairly assisted by the cooperating state agencies repre- 
sented on the board. 

22:5 Artificial Fill. Amend RSA 482:41-e as inserted by 1967, 307:1 
by striking out said section and inserting in place thereof the following: 
482:41-e Artificial Fill. No person, firm or corporation shall place or cause 
to be placed any fill below the mean high water level of any public 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 creating or forming 
filled land thereby adjacent to such water bodies, except as provided in this 
subdivision. For the purposes of this subdivision, public 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 main- 
tained by the state's exercise of its flowage rights on these ponds. The pro- 
hibition hereof shall not apply to the state, the federal government, or to 
municipal corporations, or to their agents acting within the scope of their 
official duties. However, these excepted entities shall inform the water re- 
sources board of their intent to place fill in public waters. The provisions 
of this subdivision shall apply to the construction of wharves or piers. The 
provisions of this subdivision shall not apply to such other minor improve- 
ments of shore lines as the water resources board by regulations may allow. 

22:6 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



1970] Chapter 23 57 

CHAPTER 23. 

AN ACT RELATIVE TO TAX EXEMPTION FOR NUTFIELD HEIGHTS INC. A 
COMMUNITY HOUSING PROJECT FOR ELDERLY PERSONS. 

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

23:1 Tax Exemption. Amend RSA 72 by inserting after section 23-d 
(supp) as inserted by 1965, 189:1, the following new section: 72:23-e Nut- 
field Heights Inc. The real estate and personal property of Nutfield Heights 
Inc. a nonprofit corporation sponsored by Derry and Londonderry United 
Methodist Churches to provide community housing for elderly persons, if 
none of the income or profits of the community housing is used for any pur- 
pose other than the purpose for which the housing is established, shall be 
exempt from taxation. For the purpose of this section an elderly person is 
one who is sixty-two years or more of age. The age of the head of the family 
determines the eligibility of the family unit in the community housing. On 
or before December first of each year the owner of the community housing 
shall pay to the town or city in which the property is situated, in lieu of 
taxes, a sum representing ten percent of the shelter rent received by the 
owner during the preceding calendar year. For cause shown, having in mind 
the nature and purpose of the corporation, the tax commission may abate 
all or a portion of the payment in lieu of taxes in any year. The owner on 
or before June first of each year shall file with the tax commission in such 
form as the tax commission prescribes a statement of financial condition of 
the community housing project for the preceding fiscal year, and shall file 
such other information as the tax commission requires. 

23:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



CHAPTER 24. 

AN ACT RELATIVE TO THE DEFINITION OF OBSCENITY. 

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

24:1 Obscenity Statute Clarified. Amend RSA 571-A:1 (supp) as in- 
serted by 1965, 146:1 by striking out in lines one through five inclusive the 
words "Material is obscene if, considered as a whole, its predominant ap- 
peal is to prurient interest, that is a shameful or morbid interest, in nudity, 
sex or excretion, and if in addition it goes substantially beyond customary 
limits of candor in describing or representing such matters," and inserting 
in place thereof the following (Material is obscene if (a) considered as a 
whole, its predominant appeal is to prurient interest, that is, a shameful or 
morbid interest in nudity, sex or excretion, and (b) it goes substantially be- 
yond customary limits of candor in describing or representing such matters. 



58 Chapter 25 [1970 

and (c) it is utterly without redeeming social importance) so that said sec- 
tion as amended shall read as follows: 571-A:1 Obscene Defined. Material 
is obscene if (a) considered as a whole, its predominant appeal is to pruri- 
ent interest, that is, a shameful or morbid interest in nudity, sex or excre- 
tion, and (b) it goes substantially beyond customary limits of candor in 
describing or representing such matters, and (c) it is utterly without re- 
deeming social importance. Predominant appeal shall be judged with ref- 
erence to ordinary adults unless it appears from the character of the mate- 
rial or the circumstances of its dissemination to be designed for children or 
other specially susceptible audience. Undeveloped photographs, molds, 
printing plates, and the like, shall be deemed obscene notwithstanding that 
processing or other acts may be required to make the obscenity patent or to 
disseminate it. 

24:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 25. 

AN ACT RATIFYING THE COMPACT FOR EDUCATION, AND MAKING AN 
APPROPRIATION THEREFOR. 

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

25:1 New Chapter. Amend RSA by inserting after chapter 200-F 
(supp) as inserted by 1969, 250:1 the following new chapter: 

Chapter 200-G 
Compact for Education 

200-G: 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 ten eligible party jurisdictions also ratify it. 

Compact for Education 
Preamble 

Whereas, the proper education of all citizens is one of the most im- 
portant responsibilities of the states to preserve a free and open society in 
the United States; and. 

Whereas, the increasing demands of our whole national life for im- 
proving and expanding educational services require a broad exchange of 
researcli data and information concerning the problems and practices of ed- 
ucation; and, 

Whereas, there is a vital need for strengthening the voices of the states 
in the formulation of alternative nationwide educational policies. 

The states affirm the need for close and continuing consultation among 
our several states on all matters of education, and do hereby establish this 
compact for education. 



1970] Chapter 25 59 

Article I. Purpose and Policy 

A. It is the purpose of this compact to: 

1. Establish and maintain close cooperation and understanding among 
executive, legislative, professional educational and lay leadership on a na- 
tionwide basis at the state and local levels. 

2. Provide a forum for the discussion, development, crystallization and 
recommendation of public policy alternatives in the field of education. 

3. Provide a clearing house of information on matters relating to edu- 
cational problems and how they are being met in different places throughout 
the nation, so that the executive and legislative branches of state govern- 
ment and of local communities may have ready access to the experience and 
record of the entire country, and so that both lay and professional groups 
in the field of education may have additional avenues for the sharing of ex- 
perience and the interchange of ideas in the formation of public policy in 
education. 

4. Facilitate the improvement of state and local educational systems so 
that all of them will be able to meet adequate and desirable goals in a so- 
ciety which requires continuous qualitative and quantitative advance in 
educational opportunities, methods and facilities. 

B. It is the policy of this compact to encourage and promote local and 
state initiative in the development, maintenance, improvement and admin- 
istration of educational systems and institutions in a manner which will 
accord with the needs and advantages of diversity among localities and 
states. 

C. The party states recognize that each of them has an interest in the 
quality and quantity of education furnished in each of the other states, 
as well as in the excellence of its own educational systems and institutions, 
because of the highly mobile character of individuals within the nation, and 
because the products and services contributing to the health, welfare and 
economic advancement of each state are supplied in significant part by per- 
sons educated in other states. 

Article II. State Defined 

As used in this compact, "state" means a state, territory, or possession of 
the United States, the District of Columbia, or the Commonwealth of Puerto 
Rico. 

Article III. The Commission 

A. The Educational Commission of the States, hereinafter called "the 
commission", is hereby established. The commission shall consist of seven 
members representing each party state. One of such members shall be the 
governor; two shall be members of the state legislature selected by its re- 
spective houses and serving in such manner as the legislature may deter- 
mine; and four shall be appointed by and serve at the pleasure of the gov- 
ernor, unless the laws of the state otherwise provide. If the laws of a state 
prevent legislators from serving on the commission, six members shall be 
appointed by and serve at the pleasure of the governor, unless the laws of 
the state otherwise provide. In addition to any other principles or require- 
ments which a state may establish for the appointment and service of its 



60 Chapter 25 [1970 

members of the commission, the guiding principle for the composition of 
the membership on the commission from each party state shall be that the 
members representing such state shall, by virtue of their training, experi- 
ence, knowledge or affiliations be in a position collectively to reflect broadly 
the interests of the state government, higher education, the state education 
system, local education, lay and professional, public and nonpublic educa- 
tional leadership. Of those appointees, one shall be the head of a state agency 
or institution, designated by the governor, having responsibility for one or 
more programs of public education. In addition to the members of the com- 
mission representing the party states, there may be not to exceed ten non- 
voting commissioners selected by the steering committee for terms of one 
year. Such commissioners shall represent leading national organizations of 
professional educators or persons concerned with educational administra- 
tion. 

B. The members of the commission shall be entitled to one vote each 
on the commission. No action of the commission shall be binding unless 
taken at a meeting at which a majority of the total number of votes on the 
commission are cast in favor thereof. Action of the commission shall be 
only at a meeting at which a majority of the commissioners are present. 
The commission shall meet at least once a year. In its bylaws, and subject to 
such directions and limitations as may be contained therein, the commission 
may delegate the exercise of any of its powers to the steering committee or 
the executive director, except for the power to approve budgets or requests 
for appropriations, the power to make policy recommendations pursuant to 
Article IV and adoption of the annual report pursuant to Article III (j). 

C. The commission shall have a seal. 

D. The commission shall elect annually, from among its members, a 
chairman, who shall be a governor, a vice chairman and a treasurer. The 
commission shall provide for the appointment of an executive director. Such 
executive director shall serve at the pleasure of the commission, and to- 
gether with the treasurer and such other personnel as the commission may 
deem appropriate shall be bonded in such amount as the commission shall 
determine. The executive director shall be secretary. 

E. Irrespective of the civil service, personnel or other merit system laws 
of any of the party states, the executive director subject to the approval of 
the steering committee shall appoint, remove or discharge such personnel 
as may necessary for the performance of the functions of the commission, 
and shall fix the duties and compensation of such personnel. The commis- 
sion in its bylaws shall provide for the personnel policies and programs of 
the commission. 

F. The commission may borrow, accept or contract for the services of 
personnel from any party jurisdiction, the United States, or any subdivision 
or agency of the aforementioned governments, or from any agency of two 
or more of the party jurisdictions or their subdivisions. 

G. The commission may accept for any of its purposes and functions 
under this compact any and all donations, and grants of money, equipment, 
supplies, materials and services, conditional or otherwise, from any state, the 
United States, or any other governmental agency, or from any person, firm, 
association, foundation, or corporation, and may receive, utilize and dispose 



1970] Chapter 25 61 

of the same. Any donation or grant accepted by the commission pursuant to 
this paragraph or services borrowed pursuant to paragraph (f) of this Article 
shall be reported in the annual report of the commission. Such report shall 
include the nature, amount and conditions, if any, of the donation, grant, or 
services borrowed, and the identity of the donor or lender. 

H. The commission may establish and maintain such facilities as may 
be necessary for the transacting of its business. The commission may ac- 
quire, hold, and convey real and personal property and any interest therein. 

I. The commission shall adopt bylaws for the conduct of its business 
and shall have the power to amend and rescind these bylaws. The commis- 
sion shall publish its bylaws in convenient form and shall file a copy thereof 
and a copy of any amendment thereto, with the appropriate agency or officer 
in each of the party states. 

J. The commission annually shall make to the governor and legislature 
of each party state a report covering the activities of the commission for the 
preceding year. The commission may make such additional reports as it may 
deem desirable. 

Article IV. Powers 

In addition to authority conferred on the commission by other provi- 
sions of the compact, the commission shall have authority to: 

1. Collect, correlate, analyze and interpret information and data con- 
cerning educational needs and resources. 

2. Encourage and foster research in all aspects of education, but with 
special reference to the desirable scope of instruction, organization, admin- 
istration, and instructional methods and standards employed or suitable for 
employment in public educational systems. 

3. Develop proposals for adequate financing of education as a whole 
and at each of its many levels. 

4. Conduct or participate in research of the types referred to in this 
Article in any instance where the commission finds that such research is nec- 
essary for the advancement of the purposes and policies of this compact, 
utilizing fully the resources of national associations, regional compact or- 
ganizations for higher education, and other agencies and institutions, both 
public and private. 

5. Formulate suggested policies and plans for the improvement of pub- 
lic education as a whole, or for any segment thereof, and make recommenda- 
tions with respect thereto available to the appropriate governmental units, 
agencies and public officials. 

6. Do such other things as may be necessary or incidental to the admin- 
istration of any of its authority or functions pursuant to this compact. 

Article V. Cooperation with Federal Government 

A. If the laws of the United States specifically so provide, or if admin- 
istrative provision is made therefor within the federal government, the 
United States may be represented on the commission by not to exceed ten 
representatives. Any such representative or representatives of the United 
States shall be appointed and serve in such manner as may be provided by 



62 Chapter 25 [1970 

or pursuant to federal law, and may be drawn from any one or more 
branches of the federal government, but no such representative shall have 
a vote on the commission. 

B. The commission may provide information and make recommenda- 
tions to any executive or legislative agency or officer of the federal govern- 
ment concerning the common educational policies of the states, and may 
advise with any such agencies or officers concerning any matter of mutual 
interest. 

Article VI. Committees 

A. To assist in the expeditious conduct of its business when the full 
commission is not meeting, the commission shall elect a steering committee 
of thirty members which, subject to the provisions of this compact and con- 
sistent with the policies of the commission, shall be constituted and func- 
tion as provided in the bylaws of the commission. One-third of the voting 
membership of the steering committee shall consist of governors, and the 
remainder shall consist of other members of the commission. A federal rep- 
resentative on the commission may serve with the steering committee, but 
without vote. The voting members of the steering committee shall serve 
for terms of two years, except that members elected to the first steering com- 
mittee of the commission shall be elected as follows: fifteen for one year and 
fifteen for two years. The chairman, vice chairman, and treasurer of the 
commission shall be members of the steering committee and, anything in 
this paragraph to the contrary notwithstanding, shall serve during their 
continuance in these offices. Vacancies in the steering committee shall not 
affect its authority to act, but the commission at its next regularly ensuing 
meeting following the occurrence of any vacancy shall fill it for the unex- 
pired term. No person shall serve more than two terms as a member of the 
steering committee: provided that service for a partial term of one year or 
less shall not be counted toward the two term limitation. 

B. The commission may establish advisory and technical committees 
composed of state, local, and federal officials, and private persons to advise 
it with respect to any one or more of its functions. Any advisory or technical 
committee may, on request of the states concerned, be established to consider 
any matter of special concern to two or more of the party states. 

C. The commission may establish such additional committees as its 
bylaws may provide. 

Article VII. Finance 

A. The commission shall advise the governor or designated officer or 
officers of each party state of its budget and estimated expenditures for such 
period as may be required by the laws of that party state. Each of the com- 
mission's budgets of estimated expenditures shall contain specific recomen- 
dations of the amount or amounts to be appropriated by each of the party 
states. 

B. The total amount of appropriation requests under any budget shall 
be apportioned among the party states. In making such apportionment, the 
commission shall devise and employ a formula which takes equitable ac- 
count of the populations and per capita income levels of the party states. 



1970] Chapter 25 63 

C. The commission shall not pledge the credit of any party states. The 
commission may meet any of its obligations in whole or in part with funds 
available to it pursuant to Article III (g) of this compact, provided that the 
commission takes specific action setting aside such funds prior to incurring 
an obligation to be met in whole or in part in such manner. Except where 
the commission makes use of funds available to it pursuant to Article III (g) 
thereof, the commission shall not incur any obligation prior to the allot- 
ment of funds by the party states adequate to meet the same. 

D. The commission shall keep accurate accounts of all receipts and dis- 
bursements. The receipts and disbursements of the commission shall be 
subject to the audit and accounting procedures established by its bylaws. 
However, all receipts and disbursements of funds handled by the commis- 
sion shall be audited yearly by a qualified public accountant, and the re- 
port of the audit shall be included in and become part of the annual reports 
of the commission. 

E. The accounts of the commission shall be open at any reasonable time 
for inspection by duly constituted officers of the party states and by any per- 
sons authorized by the commission. 

F. Nothing contained herein shall be construed to prevent commission 
compliance with laws relating to audit or inspection of accounts by or on 
behalf of any government contributing to the support of the commission. 

Article VIII. Eligible Parties 
Entry Into and Withdrawal 

A. This compact shall have as eligible parties all states, territories, and 
possessions of the United States, the District of Columbia, and the Common- 
wealth of Puerto Rico. In respect of any such jurisdiction not having a gov- 
ernor, the term "governor", as used in this compact, shall mean the closest 
equivalent official of such jurisdiction. 

B. Any state or other eligible jurisdiction may enter into this compact 
and it shall become binding thereon when it has adopted the same; provided 
that in order to enter into initial effect, adoption by at least ten eligible 
party jurisdictions shall be required. 

C. Adoption of the compact may be either by enactment thereof or by 
adherence thereto by the governor; provided that in the absence of enact- 
ment, adherence by the governor shall be sufficient to make his state a party 
only until December 31, 1967. During any period when a state is participat- 
ing in this compact through gubernatorial action, the governor shall appoint 
those persons who, in addition to himself, shall serve as the members of the 
commission from his state, and shall provide to the commission an equita- 
ble share of the financial support of the commission from any source avail- 
able to him. 

D. Except for a withdrawal effective on December 31, 1967 in accord- 
ance with paragraph C of this Article, any party state may withdraw from 
this compact by enacting a statute repealing the same, but no such with- 
drawal shall take effect until one year after the governor of the withdrawing 
state has given notice in writing of the withdrawal to the governors of all 
other party states. No withdrawal shall affect any liability already incurred 
by or chargeable to a party state prior to the time of such withdrawal. 



64 Chapter 26 [1970 

Article IX. Construction and Severability 

This compact shall be liberally construed so as to effectuate the pur- 
poses thereof. The provisions of this compact shall be severable and if any 
phrase, clause, sentence or provision of this compact is declared to be con- 
trary to the constitution of any state or of the United States, or the applica- 
bility thereof to any government, agency, person or circumstance is held 
invalid, the validity of the remainder of this compact and the applicability 
thereof to any government, agency, person or circumstance shall not be af- 
fected thereby. If this compact shall be held contrary to the constitution of 
any state participating therein, the compact shall remain in full force and 
effect as to the state affected as to all severable matter. 

200-G:2 Members of the Educational Commission of the States. Of 

the members of the educational commission from this state, the speaker of 
the house of representatives shall appoint one such member from the mem- 
bership of the house and the president of the senate shall appoint one such 
member from the membership of the senate. Said legislative members of the 
commission shall serve for a term of two years each. 

200-G:3 Copies to be Sent. The secretary of state shall send authenti- 
cated copies of this chapter to the governor of each eligible jurisdiction. 

25:2 Appropriation. There is hereby appropriated the sum of eight 
thousand dollars to be expended by the educational commission of the 
states for the purposes of the compact for education as provided by RSA 
200-G. The governor is authorized to draw his warrant for the sum hereby 
appropriated out of any money in the treasury not otherwise appropriated. 

25:3 Effective Date. This act shall take effect July 1, 1970. 
[Approved May 4, 1970.] 
[Effective Date July 1, 1970.] 



CHAPTER 26. 



AN ACT PROVIDING FOR SPECIAL LIQUOR LICENSES AND BEVERAGE PERMITS 
FOR NONPROFIT ORGANIZATIONS. 

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

26:1 Special License and Permit. Amend RSA 178 by inserting after 
section 8-a the following new sections: 

178:8-b Special Licenses and Permits for Nonprofit Organizations. Not- 
withstanding the provisions of RSA 181:3, the commission may issue a lim- 
ited permit or license or both to any responsible individual representing a 
voluntary nonprofit group or organization approved by the commission. 
Said permit or license shall authorize the permittee to sell to members and 
their guests of the group or organization for whose benefit such permit or 
license shall have been issued, on premises approved by the commission, the 
beverages or liquor described in the permit or license. 



1970] Chapter 27 65 

178:8-c — Approval of Premises; Application. No license or permit 
shall be issued under section 8-b for any premises unless such premises have 
the following official approvals: (a) approval of the chief of the local fire 
department as to the safety of said premises, (b) approval by the local health 
department as to sanitary accommodations and (c) approval by the chief of 
police as to accessibility of said premises. Written statements from these 
officials shall accompany the application to the commission for said permit 
or license. Said application shall reach the commission offices no later than 
ten days before the date for which the license or permit is desired. 

178:8-d — Minors. No minors shall be allowed in those areas where 
liquor or beverages are being served under a license or permit issued pur- 
suant to section 8-b unless accompanied by their parents or legal guardian. 
The selectmen of the town in which such permit or license is held may at 
their discretion assign police officers to the premises where liquor or bever- 
ages are being served. 

178:8-6 — Limitations; Suspension. No permit or license shall be 
issued pursuant to section 8-b to premises holding other permits or licenses 
issued by the commission except for rental facilities on licensed club prem- 
ises approved by the commission. Notwithstanding the provisions of RSA 
178:11, the commission or its agents may suspend without warning any per- 
mit or license issued under section 8-b if in their opinion the continuance 
of sales of liquor or beverages under said permit or license would not be in 
the best public interest. 

178:8-f — Regulations; Fees. The commission shall promulgate such 
rules and resrulations as it deems necessary for the administration of sections 
8-b through 8-f. The fee for a permit issued pursuant to section 8-b shall be 
fifteen dollars per day and the fee for a license issued under said section 
shall be an additional fifteen dollars. 

26:2 Effective Date. This act shall take effect thirty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective Date June 3, 1970.] 



CHAPTER 27 



AN ACT TO CLARIFY THE AUTHORITY OF THE WATER SUPPLY AND 
POLLUTION CONTROL COMMISSION. 

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

27:1 Water Supply and Control Commission. Amend RSA 149:4, VI 
by striking out said paragraph and inserting in place thereof the following: 
VI. To investigate and approve after making such modification as the com- 
mission deems necessary to conform to the purpose of this chapter and RSA 
149-B, any portions of the applications of those municipalities, industries, 
or other persons of the state as may request state or federal aid that may at 



66 Chapter 27 [1970 

any time be made available in the interest of pollution control. To this end 
the commission shall be the state agency designated to receive or to make 
agreements on behalf of the state for any federal or other moneys as may be 
alloted for such purposes. Those who have already incurred expense in 
order to comply with a classification adopted by the legislature or made 
under section 11 hereof, shall be equally eligible to receive any federal or 
other moneys with those who have not incurred but who are required to 
incur expense by reason of such classification. 

27:2 Standards. Amend RSA 149:4, IX (supp) as inserted by 1965, 
267:8, by striking out said paragraph and inserting in place thereof the fol- 
lowing: IX. To set standards of design and construction for sewerage and 
sewage or waste treatment systems. To reject, if necessary, or modify and 
approve as deemed necessary for the purposes of the state water pollution 
control program all engineering or other documents associated with the de- 
sign and construction of pollution control projects and perform such other 
related engineering or inspectional work as will provide for proper design, 
construction and operation of the facilities involved, and take such other 
action as the commission deems necessary to maximize the effectiveness of 
sewerage and other pollution control facilities, both proposed and in con- 
struction. The purpose of this paragraph is to ensure the planning, con- 
struction and operation of publicly owned pollution control facilities which 
in the judgment of the commission will produce maximum benefits with the 
least expenditure of federal, state and local funds. 

27:3 Review and Modification of Contracts. Amend RSA 149:4, XIII 
(supp) by striking out said paragraph and inserting in place thereof the fol- 
lowing: XIII. To review, establish maximum state participation fees and 
modify in any other way which in the judgment of the commission will pro- 
mote economy and the purposes of this chapter, and following such review 
or modification, approve and cosign jointly with the municipality or other 
governmental subdivision concerned any proposed contracts or other pro- 
posed agreements or changes in contracts or agreements for engineering 
services related to sewerage and other pollution control facilities. Further, 
the commission shall prescribe the contract documents to be employed and 
may provide for the assessment of liquidated damages for failure to com- 
plete the work within the time stipulated therefor. Except for the financial 
assistance available to municipalities under the provisions of RSA 149-B, 
nothing herein shall be construed to place any additional financial obliga- 
tion on the state, the commission, or its personnel. 

27:4 Enforcement of Classification. Amend RSA 149:8, III (supp) as 
amended by 1967, 147:9, by striking out said paragraph and inserting in 
place thereof the following: III. It shall be unlawful for any person or per- 
sons 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 permits, the commission shall prescribe such degree of treat- 
ment as it deems reasonable and proper. Further, whenever in its judgment, 
the purposes of this chapter will be best served, the commission may re- 
quire as a condition to the granting of such permits that either the owner- 
ship (and operation) of the collection and treatment facilities involved be 
vested in the municipality (or any subdivision thereof) in which the system 



1970] Chapter 28 67 

is located, if said municipality by legal action agrees thereto, or such other 
reasonable conditions as will ensure continuous and continuing operation 
and maintenance of the facilities. 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 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 par- 
ticular waters involved. Any determination by the commission under this 
paragraph shall be subject to appeal as provided for in RSA 149:14. 

27:5 Aid to Municipalities. Amend RSA 149-B:1 (supp) as amended 
by 1965, 14:1 by striking out said section and inserting in place thereof the 
following: 149-B:1 State Contributions. The state of New Hampshire shall, 
in addition to the federal grant made available under the provisions of 
Public Law 660, 84th Congress (subsequent amendments thereof, or any 
other federal legislation), pay annually thirty percent of the yearly amorti- 
zation charges on the original costs resulting from the acquisition and con- 
struction of sewage disposal facilities by municipalities (meaning counties, 
cities, towns or village districts), in accordance wath RSA 148:25, RSA 149:4, 
IX, and RSA 149:4, XIII, for the control of water pollution. The word con- 
struction shall include engineering services, in addition to the construction 
of new sewage treatment plants, pumping stations and intercepting sewers; 
the altering, improving or adding to existing treatment plants, pumping sta- 
tions and intercepting sewers; provided the construction has been directed by 
the water supply and pollution control commission, or constitutes a volun- 
tary undertaking designed to control or reduce pollution in the surface 
waters of the state as defined in RSA 149:1, and the plan therefor is ap- 
proved in compliance with the provisions of RSA 148:25, RSA 149:4, IX, 
and RSA 149:4, XIII. The term "original costs" as used herein shall mean 
the entire cost of the construction as defined in Public Law 660, 84th Con- 
gress (subsequent amendments thereof, or any other relative federal legis- 
lation), excluding land acquisition. In computing said costs no deduction 
shall be made for federal grants therefor. 

27:6 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective Date May 4, 1970.] 



CHAPTER 28. 



AN ACT RELATIVE TO MUNICIPAL PERMITS FOR PREVIOUSLY REGISTERED MOTOR 
VEHICLES AND RELATIVE TO ISSUANCE OF CERTAIN CERTIFICATES OF TITLE. 

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

28:1 Municipal Permits for Motor Vehicle Registration. Amend RSA 
260:22 (supp) as amended by 1967, 332:1 by striking out said section and 



68 Chapter 28 [1970 

inserting in place thereof the following: 260:22 Required. No motor 
vehicle owned or controlled by a resident of this state shall be registered 
under the provisions of this chapter until the owner or person controlling 
the same has obtained a permit for registration from the city or town 
wherein he resides. No such permit for a motor vehicle six years old or less, 
such age to be calculated from the year in which application is made pur- 
suant to this chapter, may be issued unless the applicant proves prior own- 
ership of the vehicle by presenting to the city or town clerk a current or 
previous year's registration certificate, a certificate of title, a certificate of 
temporary registration issued by a registered motor vehicle dealer or a 
certified bill of sale from the previous owner of the motor vehicle if such 
owner is a private individual who has previously registered said vehicle. 
This section shall not apply to motor vehicles which constitute stock in 
trade of a manufacturer or of a bona fide dealer. 

28:2 Certificate of Title. Amend RSA 269-A (supp) as inserted by 
1967, 357:1 by inserting after section 17 the following new sections: 

269-A:17-a A Husband and Wife. Notwithstanding any other provi- 
sion of law and unless otherwise provided in the will, upon the death of a 
married resident owner of a motor vehicle registered in this state, said motor 
vehicle, if used for family purposes, shall be deemed to have been jointly 
held property with right of survivorship and the interest of said decedent 
shall pass to his or her surviving spouse; and a certificate of title shall issue 
on the following conditions: 

I. Where a certificate of title has been issued on said vehicle a new cer- 
tificate of title shall be immediately issued to said spouse upon the follow- 
ing conditions; application shall be made to the director accompanied by 
(1) copy of the death certificate, (2) the certificate of title previously issued 
and (3) the required fee; 

II. Where no certificate of title has been issued on said vehicle and 
where such transfer requires the issuance of a certificate of title a first 
certificate of title shall be immediately issued to said spouse upon the fol- 
lowing conditions; application shall be made to the director including in- 
formation required by RSA 269-A:7, I, (a) and (b), accompanied by (1) a 
copy of the death certificate and (2) the required fee. 

269-A: 17-b Liens; Fee. In the case of a transfer of a motor vehicle 
under RSA 269-A: 17-a any lien on the motor vehicle shall be automatically 
continued. The fee for issuance of a certificate of title under RSA 269-A: 17-a 
shall be as provided in RSA 269-A: 28. 

28:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective Date July 3, 1970.] 



1970] Chapter 29 69 

CHAPTER 29. 

AN ACT REDUCING THE APPROPRIATION FOR A DATA PROCESSING BUILDING, 

PROVIDING FOR THE LEASE OF ADDITIONAL OFFICE SPACE, AND APPROPRIATING 

THEREFOR, PROVIDING FOR A STUDY COMMITTEE, PROVIDING FOR ADDITIONAL 

PERSONNEL FOR DATA PROCESSING, AND APPLYING RESTRICTIONS TO THE POST 

OFFICE RENOVATION AND PURCHASE FUNDS. 

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

29:1 Data Processing Building. Amend 1969, 505:1, V by striking out 
said paragraph including the footnote and inserting in place thereof the 
following: 

V. Central automated data processing: 

(a) For design services for a data processing building on state owned 
land on Concord Heights $30,000 

29:2 Bond Issue. Amend 1969, 505:8 by striking out the words "twenty 
million, two hundred fifty-eight thousand, eight hundred eight dollars" and 
inserting in place thereof the words (nineteen million, seven hundred ninety- 
three thousand, eight hundred eight dollars) so that said section as amended 
shall read as follows: 505:8 Bonds Authorized. To provide funds for the 
appropriations made in sections 1, 2, 3, and 4 of this act the state treasurer 
is hereby authorized to borrow upon the credit of the state not exceeding 
the sum of nineteen million, seven hundred ninety-three thousand, eight 
hundred eight dollars and for said purpose may issue bonds and notes in the 
name and on behalf of the state of New Hampshire in accordance with the 
provisions of RSA 6-A. 

29:3 Appropriation for Lease. The sum of one hundred sixty thou- 
sand dollars is hereby appropriated to be expended by the department of 
administration and control for salaries and current expense for the lease of 
approximately thirty thousand square feet of office space from NH-Vt Blue 
Cross and Blue Shield, in Concord, New Hampshire, for state agencies as 
follows: 

Additional ofl&ce space: 

Personnel services 

Permanent $27,000 

Other 2,000 

Current expense 91,000 

Moving and renovations 40,000 

Total appropriation $160,000 

This appropriation shall not lapse until June 30, 1971. Any department or 
agency which is assigned space in the new quarters shall be liable for the 
payment of rental charges for the space so utilized if funds are available in 
departmental appropriations. The department of administration and con- 
trol may assess a fair and equitable charge for the space assigned and all 
rents received shall be credited to the unrestricted general fund. Funds 
hereby appropriated shall be available for expenditure for all required 



70 Chapter 30 [1970 

costs of the operation and maintenance of the leased facility and including 
the cost of moving the agencies assigned. The governor is authorized to 
draw his warrant for said sum out of any money in the treasury not other- 
wise appropriated. 

29:4 Office Space Study Committee. A study committee is authorized 
to review the needs for additional office space for all state agencies. Said 
committee shall consider all of the buildings presently owned by the state 
together with those under consideration for construction in the near future. 
They shall review the proposed utilization of the old post office in Concord, 
New Hampshire, and shall investigate quantity, type, and sufficiency of all 
space presently being leased or rented by state agencies. Said committee shall 
submit a report with their recommendations to the 1971 legislative session. 
The committee shall consist of two members of the senate appointed by the 
president, three members of the house of representatives appointed by the 
speaker, the comptroller or his representative, and the commissioner of 
public works and highways or his representative. The legislative members 
of the committee shall receive legislative mileage for each day the commit- 
tee is in session which shall be a charge on the appropriate legislative ap- 
propriation. 

29:5 Post Office Renovation Fund. Amend Laws of 1967 chapter 394:1 
in the appropriation for administration and control by inserting in the 
line reading "Post Office 100,000" an asterisk (*) and by inserting at 

the end of said paragraph the following (* No part of this appropriation 
shall be transferred, expended or lapsed until further legislation is enacted 
unless in the opinion of the governor an emergency situation exists.) 

29:6 Post Office Purchase Fund. Amend Laws of 1969 chapter 505:1 
in the appropriation for administration and control by inserting in the line 
reading "For purchase, repairs and renovation of old post office including 
expenses of moving departments 600,000" an asterisk (*) and by in- 

serting at the end of said paragraph the following: (* No part of this appro- 
priation shall be transferred, expended or lapsed until further legislation is 
enacted except to make payment for the purchase and the costs thereof.) 

29:7 Managing Personnel. Amend RSA 8-C (supp) as inserted by 1967, 
253:1 by inserting after section 8 the following new section: 8-C:8-a Man- 
agers. The director shall employ the following unclassified personnel: A 
manager of management information systems, a manager of programming 
and a manager of operations. Each manager shall serve at the pleasure of 
the director and his salary shall be as provided in RSA 94:1 provided that 
the director may at any time, establish the salary of each at any step in the 
range as therein provided. 

29:8 Salaries. Amend RSA 94:1 (supp) and 94:l-a (supp) both as 
amended, by inserting each in proper alphabetical order the following: Man- 
ager of management information systems, data processing 14,900 
18,900; manager of programming, data processing 14,900 18,900; 
manager of operations, data processing 14,900 18,900. 

29:9 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective Date May 4, 1970.] 



1970] Chapter 30 71 

CHAPTER 30. 

AN ACT RELATIVE TO INCREASING THE INTEREST CHARGED FOR DELINQUENT, 
REDEMPTIVE, AND SUBSEQUENT TAX PAYMENTS. 

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

30:1 Interest Increased. Amend RSA 76:13 (supp) as amended by 1965, 
81:1 and 1969, 206:1 by striking out in line one the word "six" and insert- 
ing in place thereof the word (nine) so that said section as amended shall 
read as follows: 76:13 Interest. Interest at nine per cent shall be charged 
upon all taxes except poll taxes not paid on or before December first after 
their assessment, which shall be collected from that date with the taxes as 
incident thereto, except in the case where a tax bill is sent to the taxpayer 
on or after November second and before November sixteenth, interest shall 
not be charged on taxes paid on or before December fifteenth and in case 
a tax bill is sent to the taxpayer on or after November sixteenth interest 
shall not be charged on taxes paid on or before December thirtieth. The 
tax collector shall state on the tax bill the date from which interest will be 
charged and such date shall be determined by the day the collector sends 
out the last tax bill on his list. The collector shall notify the tax commission 
in writing of the date on which the last tax bill was sent. 

30:2 Redemption. Amend RSA 80:32 by striking out in line five the 
word "eight" and inserting in place thereof the word (eleven) so that said 
section as amended shall read as follows: 80:32 Redemption. Any person 
interested in land so sold may redeem the same by paying or tendering to the 
collector, or in his absence, at his usual place of abode, at any time before 
a deed thereof is given by the collector, the amount for which the land was 
sold, together with costs for notifying mortgagees, if any, and with eleven 
per cent interest upon the whole amount from the time of sale to the time 
of payment or tender, together with redemption costs incurred. In case the 
tax collector who sold the property in question shall have died, become in- 
capacitated, been removed from office or removed from the town or city 
or shall have been discharged from his bond by the selectmen or assessors, 
then the person interested in redeeming the property may tender the afore- 
said sums to the tax collector then in office of said city or town; and upon 
advice from the selectmen or assessors that the amount tendered is the 
correct amount due, the said tax collector shall accept said amount for the 
redemption of said property. 

30:3 Payment of Subsequent Tax, Amend RSA 80:37 (supp) as amen- 
ded by 1967, 313:1 by striking out in line twenty-three the word "eight" and 
inserting in place thereof the word (eleven) so that said section as amended 
shall read as follows: 80:37 Payment of Subsequent Tax. The purchaser of 
real estate at any tax sale may pay to the collector any tax assessed upon the 
real estate subsequent to that for which it was sold and the collector shall, 
within fifteen days after such payment, notify the register of deeds thereof, 
giving the date and the amount of such payment and the name of the person 
so paying together with the date of the tax sale, the name of the person 
taxed and a description of the property sold as shown in the report of sale 
recorded in the registry of deeds. The collector of taxes shall receive fifty 



72 Chapter 31 [1970 

cents for such notice to the register of deeds of the subsequent payment plus 
fifty cents to be paid to the register of deeds. The purchaser, within fifteen 
days of payment of the subsequent tax, shall personally, or by certified mail, 
notify in writing any mortgagee who was notified of his purchase at the tax 
sale of his payment of the subsequent tax. The purchaser paying the subse- 
quent tax shall receive the same fees prescribed for notifying the morgagee 
of his purchase at the tax sale to be included in his costs to be paid by the 
person making redemption, except that when a town is a purchaser at a 
tax sale and the town pays a tax subsequent to that for which the real estate 
was sold and the selectmen direct the collector of taxes as agent for the town 
to give notice of payment of a subsequent tax to any mortgagee who was 
notified of the purchase by the town at the tax sale the collector shall be 
paid the sum of one dollar for this service. Any amounts so paid on account 
of subsequent taxes, together with interest thereon at the rate of eleven 
per cent per year from the date of payment shall, in addition to the purchase 
price at the time of sale with accrued interest and costs, be paid by the 
person making redemption. 

30:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



CHAPTER 31. 



AN ACT RELATIVE TO RECONSTRUCTION OF A TOWN ROAD IN SUTTON 
LEADING TO THE KEARSARGE REGIONAL SCHOOL. 

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

31:1 Class II Highway Created. From the effective date of this act, 
the 1.1 miles of highway known as the Old North Road, beginning from 
exit 10 on Route 89 southeast to the entrance of the Kearsarge regional 
school building is classified as a class II highway. 

31:2 Reconstruction. The portion of highway referred to in section 1 
shall be reconstructed under the supervision and direction of the depart- 
ment of public works and highways, the cost of such reconstruction shall 
be paid for one-half by the town of Sutton and one-half by the state from 
funds for state aid for class II highways. 

31:3 Maintenance. Subsequent to the reconstruction provided for in 
section 2 the maintenance of said portion of highway shall be the responsi- 
bility of the town of Sutton for winter maintenance and the responsibility 
of the state for summer maintenance. 

31:4 Effective Date. This act shall take effect January 1, 1971. 
Approved May 4, 1970.] 
Effective date January 1, 1971.] 



1970] Chapter 32 73 

CHAPTER 32. 

AN ACT RELATIVE TO FEES FOR MEDICAL REFEREES. 

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

32:1 Fees; Referees. Amend RSA 611:27 (supp) as amended by 1955, 
123:1, and 1963, 64:1 by striking out in lines two and three the word "fif- 
teen" and inserting in place thereof the word (thirty) and by striking out 
in line three the word "twenty-five" and inserting in place thereof the 
word (fifty) so that said section as amended shall read as follows: 611:27 
Fees; Referees. The fees allowed the referees shall not exceed the following, 
viz.: For a view and inquiry without an autopsy, thirty dollars; for a view 
and autopsy, fifty dollars; for an inquest, thirty dollars a day for the time 
actually spent in holding such inquest; and for all necessary travel at the 
rate of ten cents a mile. 

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

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



CHAPTER 33. 



AN ACT AUTHORIZING THE DIRECTOR OF PURCHASE AND PROPERTY TO PURCHASE 
SUPPLIES FOR THE NEW HAMPSHIRE COLLEGE AND UNIVERSITY COUNCIL. 

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

33:1 Nongovernmental Purchases. Amend RSA 8 by inserting after 
section 22 the following new section: 8:22-a Educational Purchases. In ad- 
dition to the foregoing duties, the director of purchase and property may 
purchase supplies for the New Hampshire College and University Council, 
a nonprofit New Hampshire corporation, whenever the governing body 
thereof so desires and the director deems that he can make such purchases 
advantageously. 

33:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



74 Chapter 34 [1970 

CHAPTER 34. 

AN ACT TRANSFERRING THE FUNCTIONS OF THE TRAINING, EDUCATION AND 

VOCATIONAL REHABILITATION OF THE BLIND FROM THE DEPARTMENT OF 

HEALTH AND WELFARE TO THE DEPARTMENT OF EDUCATION. 

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

34:1 New Chapter. Amend RSA by inserting after RSA 186-A the 
following new chapter. 

Chapter 186-B 
Education and Training of the Blind 

186-B:1 Statement of Purpose. To enable the state to more effectively 
provide services to the blind of all ages in the state, it is the intent of this 
chapter to place the functions of education, training, vocational rehabilita- 
tion, and related services of the blind under one administration. By this 
transfer of functions, all of the responsibility for the education and training 
of all handicapped children in the state become the responsibility of the 
department of education. 

186-B:2 Appointment of Blind Services Administrator. 

I. The state board of education shall appoint the director of blind 
services in the appropriate division, under the direct supervision of the chief 
of the division. 

186.B:3 Program for Blind Established. 

I. The department of education shall establish a program for the educa- 
tion, training, and vocational rehabilitation for the blind of all ages, whether 
or not they are eligible for aid to the needy blind under the division of 
welfare. 

II. The department of education shall develop or cooperate with other 
agencies in providing services to the blind, including the locating of blind 
persons, vocational guidance and training of the blind, placement of blind 
persons in employment, instruction of the adult blind in their homes and 
other services to blind persons. In connection with assistance to needy blind 
persons the department shall give due consideration to the special needs 
associated with the condition of blindness and, in cooperation with the 
division of welfare, department of health and welfare, shall: (a) promulgate 
rules and regulations stating in terms of ophthalmic measurements tlie 
amount of visual acuity which an applicant may have and be eligible for 
assistance and providing for an examination by an ophthalmologist or phy- 
sician skilled in diseases of the eye or by an optometrist, whichever the in- 
dividual may select, in making the determination whether the individual is 
eligible and fixing the fee for such examination; (b) establish the procedure 
for securing competent medical examination; (c) designate or approve a 
suitable number of ophthalmologists or physicians skilled in diseases of the 
eye, and optometrists, who must be duly licensed or registered under the 
laws of this state and actively engaged in the practice of their professions, 
to examine applicants and recipients of aid to determine their eligibility 



1970] Chapter 34 75 

for assistance; (d) fix the fees to be paid for medical examination from 
funds available to the division. 

186-B:4 Aid to the Blind. The department of education shall furnish 
aid to the blind of the state, as follows: 

I. Register of Blind. The director for blind services, shall prepare and 
maintain a register of the blind in the state, which shall describe their con- 
dition, cause of blindness, capacity for education and industrial training, 
and such other data as he considers advisable. 

II. Industrial Aid. The director for blind services shall act as a bureau 
of information and industrial aid for the blind, and for this purpose may 
furnish materials and tools to any blind person. He mav assist blind persons 
engaged in home industries in marketing their products, in finding einploy- 
ment, and in developing home industries. He may ameliorate the condition 
of the blind by devising means to facilitate the circulation of books, by pro- 
moting visits among the aged or helpless blind in their homes, and by such 
other methods as are expedient. Hovoever, he shall not undertake the perma- 
nent support or maintenance of any blind person. 

III. State Aid. The director for blind services, shall furnish assistance 
to such blind persons, in such amounts and at such asylums, schools, or other 
institutions designed for the purpose of industrial aid to the blind as the 
department of education directs. 

IV. Instruction Outside State. The chief of the division at his discretion 
contribute to the support of the blind persons from New Hampshire receiv- 
ing instruction in industrial institutions outside of the state. The furnishing 
of such assistance shall not affect the settlement of any person nor his right 
to vote. 

V. Assistants to Aid Blind. The state board of education may appoint 
other officials and agents necessary to assist in carrying into effect the pro- 
visions of this chapter, subject to regulations of the state personnel commis- 
sion. 

186-B:5 Industrial Workshop and Homework Program. 

I. The department of education is authorized to establish an industrial 
workshop and homework project to provide work training and gainful em- 
ployment for the older blind of the state, with the intent to thereby qualify 
for federal grants. 

II. The director of blind services in consultation with the division's 
facilities specialist, shall act as the director of the shop and homework pro- 
ject. Under his general direction there shall be a coordinator responsible for 
the organization and administration of the shop as well as for procuring 
subcontracts. There shall be a shop manager responsible for production and 
the day-to-day management of the shop. There shall be a home instructor 
who shall visit the homes of the blind and instruct them in the various pro- 
duction operations. There shall be a driver responsible for delivery work 
between the shop and the homes of the blind workers as well as performing 
all other trucking duties. There shall be a secretary-bookkeeper who shall 
keep all production records and act as a secretary to the shop staff. 



76 Chapter 34 [1970 

186-B:6 Aid to the Blind; Transfer of Functions. 

I. The functions and duties of furnishing aid to the blind, other than 
furnishing public assistance to the needy blind, performed by the division 
of welfare, department of health and welfare, are transferred to the depart- 
ment of education. 

II. Wherever reference is made in the statues to the blind services, to 
the bureau of blind services, to the state agency for the blind, to the super- 
visor of services to the blind, to the chief of blind services, or to any other 
agency furnishing aid to the blind other than an agency furnishing public 
assistance to the needy blind, the reference means the department of educa- 
tion. 

186-B:7 Transfer of State Agency for Blind; Position Abolished. The 

position of state agent for the blind, sometimes known as chief of blind ser- 
vices, authorized in the division of welfare, department of health and w^el- 
fare by RSA 167:40, is transferred to the department of education. Wherever 
reference is made in the statutes to the state agent for the blind or to the 
chief of the bureau of blind services, the reference means the director for 
blind services in the department of education. 

186-B:8 Nesmith Fund. There shall be appropriated annually thirty- 
seven hundred dollars, less the annual income derived from the Nesmith 
trust fund, to comply with the terms of the trust under the will of John 
Nesmith. The thirty-seven hundred dollars shall be spent for the aid, sup- 
port, maintenance and education of the indigent blind of the state of New 
Hampshire under the direction of the department of education. 

34:2 Division of Welfare; Duties of Needy Blind. Amend RSA 161:2, V 
by striking out in lines one through six the words "develop or cooperate 
with other agencies in providing services to the blind, including the locating 
of blind persons, medical services for eye conditions, vocational guidance 
and training of the blind, placement of blind persons in employment, in- 
struction of the adult blind in their homes, other services to blind persons, 
and a program for the prevention of blindness" and inserting in place there- 
of the words (In cooperation with the department of education) so that 
said paragraph as amended shall read as follows: V. Blind. In cooperation 
with the department of education, in connection with assistance to needy 
blind persons the division shall give due consideration to the special needs 
associated with the condition of blindness and shall: (a) promulgate rules 
and regulations stating in terms of ophthalmic measurements the amount 
of visual acuity which an applicant may have and be eligible for assistance 
and providing for an examination by an ophthalmologist or physician skilled 
in diseases of the eye or by an optometrist, whichever the individual may 
select, in making the determination whether the individual is eligible and 
fixing the fee for such examination; (b) establish the procedure for securing 
competent medical examination; (c) designate or approve a suitable num- 
ber of ophthalmologists or physicians skilled in diseases of the eye, and 
optometrists, who must be duly licensed or registered under the laws of this 
state and actively engaged in the practice of their professions, to examine 
applicants and recipients of aid to determine their eligibility for assistance; 
(d) fix the fees to be paid for medical examination from funds available to 
the division. 



1970] Chapter 34 77 

34:3 Transfer of Personnel. 

I. All employees of the division of welfare, department of health and 
welfare, who are employed in providing aid to the blind under RSA 167:35 
to 42 inclusive, including sections 37-a and 37-b, or in providing services 
to the blind under paragraph V of RSA 161:2, except those employees en- 
gaged in furnishing aid to the needy blind by reason of the eligibility for 
public assistance, are transferred to the department of education. The em- 
ployees transferred under this section may not be placed in a lower labor 
grade or position than they held in the division of welfare, and under the 
provisions of the personnel statutes and rules and regulations, they may 
be placed in a higher labor grade. 

II. The person holding the job of state agent for the blind authorized 
under RSA 167:40, also known as the director of blind services on the effec- 
tive date of this act, is transferred to the department of education in a labor 
grade no lower than that held by the person in that position on the effect- 
tive date of this act. 

34:4 Repeal. RSA 167:35 as amended by 1961 222:1, relating to a 
register of blind persons, is hereby repealed. 

34:5 Repeal. RSA 167:36, as amended by 1961, 222:1, relating to in- 
dustrial aid for the blind, is hereby repealed. 

34:6 Repeal. RSA 167:37, as amended by 1961, 222:1, relating to state 
aid to blind persons receiving instruction in schools and superceded by 
RSA 186-B:4. Ill, is hereby repealed. 

34:7 Repeal. RSA 167: 37-a (supp) and 167: 37-b (supp) as inserted 
by 1965, 375:1, relating to the industrial workshop and homework program 
are hereby repealed. 

34:8 Repeal. RSA 167:38 as amended by 1961, 222:1, relating to the 
support of blind persons in institutions outside the state, is hereby repealed. 

34:9 Repeal. RSA 167:39, relating to the effect of aiding blind per- 
sons from this state in out-of-state institutions, is hereby repealed. 

34:10 Repeal. RSA 167:40 as amended by 1961, 222:1, relating to a 
state agent for the blind, is hereby repealed, 

34:11 Repeal. RSA 167:41 (supp) as amended by 1961, 222:1 and 1965, 
352:14, relating to assistants for administering the program of aid to the 
blind, is hereby repealed. 

34:12 Repeal. RSA 167:42, as amended by 1961, 141:1 and 1961, 222:1, 
relating to the appropriation and income from the John Nesmith trust 
fund for the indigent blind, is hereby repealed. 

34:13 Personnel Standards. Amend RSA 161:4, II amended by 1961, 
222:1 by inserting in line four between the words "the" and "blind" the 
word (needy) so that said paragraph as amended shall read as follows: II. 
Personnel Standards. Based upon the number of applicants and recipients 
in the localities, the director of the division of welfare shall determine the 
number of employees necessary for the administration of old age assistance, 



78 Chapter 34 [1970 

aid to dependent children, and aid to the needy blind in all administrative 
units, state, county, and town, subject to the regulations of state personnel 
commission. 

34:14 Public Assistance to Needy Blind, Settlement. Amend RSA 167:1 
(supp) as amended by 1961, 271:1 and 1967, 396:1 by inserting in line two 
between the words "the" and "blind" the word (needy) so that said section 
as amended shall read as follows: 167:1 Settlement. No person shall lose 
or be prevented from gaining a settlement because of receiving old age 
assistance, aid to the needy blind, aid to families with dependent children, 
aid to the permanently and totally disabled, or medical assistance under 
the provisions of this chapter or RSA 161. 

34:15 Designations, Public Assistance to Needy Blind. Amend RSA 167:5 
(supp) as amended by 1961, 271:2, 1967, 396:4 and 1969, 451:5 by inserting in 
line three between the words "the" and "blind" the word (needy) so that 
said section as amended shall read as follows: 167:5 Designations. Assis- 
tance granted to needy aged persons shall be designated as old age assistance; 
assistance granted to needy blind shall be designated as aid to the needy 
blind; assistance granted to needy dependent children shall be designated as 
aid to families with dependent children; assistance granted to the needy 
permanently and totally disabled shall be designated as aid to the perma- 
nently and totally disabled; medical care and services provided individuals 
whose income and resources are insufficient to meet costs of necessary medical 
needs shall be designated as medical assistance. Assistance granted in these 
groups shall be in the form of money payments to or vendor payments in 
behalf of recipients and such separate records and accounts shall be kept 
and other requirements met as are necessary to qualify for grants-in-aid 
from the federal government. 

34:16 Transfer of Records and Equipment. All of the records, docu- 
ments, and equipment being used in the performance of the functions that 
are transferred from the division of welfare, department of health and wel- 
fare, to the department of education, by RSA 186-B:5 as inserted by this act 
are transferred to the possession of the department of education. If any of 
these records are necessary to the finictions of furnishing aid to the needy 
blind by the division of welfare, the department of education may make 
copies of the records for its purposes. 

34:17 Transfer of Appropriations. 

I. The state treasurer shall separate all of the money in the state treasury 
available for use by the department of health and welfare for the training, 
education and vocational rehabilitation of the blind, including the admin- 
istrative expenses of these functions, and including all appropriations for 
blind services, from the public assistance fund created by RSA 167:20 or any 
other account. The treasurer shall credit this money to the department of 
education. 

34:18 Effective Date. This act shall take effect July 1, 1970. 
[Approved May 4, 1970.] 
[Effective date July 1, 1970.] 



1970] Chapter 35 79 

CHAPTER 35. 

AN ACT RELATIVE TO THE BURDEN OF PROOF RELATING TO COMPARATIVE 

NEGLIGENCE. 

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

35:1 Burden of Proof as to Comparative Negligence. Amend RSA 
507:7-a (supp) as inserted by 1969, 225:1 by adding at the end thereof the 
following: (The burden of proof as to the existence or amount of causal 
negligence alleged to be attributable to a party shall rest upon the party 
making such allegation. This section shall govern all actions arising out 
of injuries and other damages sustained on and after August 12, 1969, 
and none other) so that said section as amended shall read as follows: 507:7-a 
Comparative Negligence. Contributory negligence shall not bar recovery 
in an action by any plaintiff, or his legal representative, to recover damages 
for negligence resulting in death, personal injury, or property damage, if 
such negligence was not greater than the causal negligence of the defen- 
dant, but the damages awarded shall be diminished, by general verdict, 
in proportion to the amount of negligence attributed to the plaintiff; pro- 
vided that where recovery is allowed against more than one defendant, each 
such defendant shall be liable for that proportion of the total dollar amount 
awarded as damages in the ratio of the amount of his causal negligence 
to the amount of causal negligence attributed to all defendants against 
whom recovery is allowed. The burden of proof as to the existence or amount 
of causal negligence alleged to be attributable to a party shall rest upon 
the party making such allegation. This section shall govern all actions 
arising out of injuries and other damages sustained on and after August 
12, 1969, and none other. 

35:2 Effective Date. This act shall take effect upon its passage. 
[Approved May, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 36. 



AN ACT PROVIDING FOR MEDICAL FACILITIES AT THE INDUSTRIAL SCHOOL 
AND MAKING APPROPRIATION THEREFOR. 

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

36:1 State Industrial School. The sum not to exceed two hundred and 
fifty thousand dollars is hereby appropriated for a sixteen bed infirmary, 
dental facility and improved medical facilities at the state industrial school 
as follows: The sum of two hundred and ten thousand dollars for construc- 
tion of the building, land preparation, architectural expenses and utility 
services; twenty-five thousand dollars for furnishings and equipment for the 
new facility. Said building shall be adjacent to the present boys cottage and 
shall consist of approximately six thousand square feet to include four bed 



80 Chapters? [1970 

units for girls, eight bed units for boys, four isolation units, a dental office, 
medical office and equipment necessary therefor; and fifteen thousand dol- 
lars for a contingency fund. The sums hereby appropriated shall be expended 
under the direction of the trustees of the state industrial school. Said ap- 
propriation shall not be transferred or expended for any other purpose, but 
may be transferred within the line items in the appropriation. 

36:2 Bonds Authorized. To provide funds for the appropriations made 
in section 1 of this act the state treasurer is hereby authorized to borrow 
upon the credit of the state not exceeding the sum of two hundred and fifty 
thousand dollars and for said purpose may issue bonds and notes in the 
name and on behalf of the state of New Hampshire in accordance with the 
provisions of RSA 6-A. The payment of principal and interest on bonds and 
notes issued for the projects authorized by this act shall be made when due 
from the general funds of the state. 

36:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 37. 

AN ACT RELATIVE TO THE ADMINISTRATION OF THE INSURANCE LAWS. 

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

37:1 Insurance Companies. Amend RSA 402 by inserting after section 
57 (supp) the following new sections: 

402:57-a General Premium Tax; Report. 

I. Every authorized insurer and each formerly authorized insurer shall, 
on or before March 1 each year, or within any reasonable extension of time 
therefor which the commissioner may for good cause have granted on or be- 
fore such date, file with the commissioner a report in such form as prescribed 
by the commissioner showing all gross direct premiums, including policy, 
membership, and other fees and assessments, policy dividends applied in 
payment for insurance, and all other considerations for insurance received 
by it during the next preceding calendar year on account of policies covering 
property, subjects, or risks located, resident or to be performed in this state 
after deducting from such total, return premiums or dividends actually re- 
turned or credited to policyholders. '' 

(a) As to title insurers, the portion of the premium chargeable to title 
search and examination services as reasonably determined by the commis- 
sioner may be deducted from such total. 

II. The report shall be verified by the oath or affirmation of the in- 
surer's president, vice president, secretary, treasurer, or manager. 

III. The commissioner may require at any time verified supplemental 
statements with reference to any matter pertinent to the proper assessment 
of the tax. 



1970] Chapter 37 81 

IV. Ocean marine premiums written for ocean marine insurance, as 
defined in RSA 402:59 shall not be taxed in accordance with this section, 
but shall be taxed in accordance with the provisions of RSA 402:59. 

402:57-b Premium Tax. Collection; Minimum; Penalty. 

I. Every insurer, coincidentally with filing of the report required by 
the above section, shall pay to the insurance commissioner a tax of two per- 
cent upon such net insurance premiums as set forth in said report less esti- 
mated payments made the preceding June 15th. Provided, however, every 
authorized insurer shall pay to the insurance commissioner a minimum 
annual premium tax of not less than two hundred dollars. 

II. On or before June 15, 1970, and on or before June 15 each succeed- 
ing year, every authorized insurer required to pay a tax in accordance with 
paragraphs I and V of this section, shall pay to the insurance commissioner 
an amount equal to one-half of the previous calendar year's tax paid pur- 
suant to said paragraphs. This payment shall be considered as a partial pay- 
ment of the tax upon the business done in the state during the calendar year 
in ^vhich the payment was received. 

III. The taxes imposed in the above sections shall be promptly for- 
warded by the commissioner to the state treasurer to the credit of the general 
fund. 

IV. Any insurer that willfully fails to file the report required by RSA 
402:57-a or willfully fails to remit the proper tax within the time for filing, 
shall pay a penalty equal to ten percent of the amount of the tax due from 
it. Upon the tax becoming delinquent, the commissioner may forthwith 
suspend or revoke the insurer's certificate of authority. 

V. The tax provided for in this section shall apply to the business of 
the year commencing January 1, 1970, and each year thereafter. The tax 
for business of the year ending December 31, 1969, shall be treated in ac- 
cordance with the law in effect on December 31, 1969. 

37:2 Minority Interests. Amend RSA 401 -A (supp) as inserted by 1969, 
292:1 by inserting after section 1 1 the following new section: 

401-A:12 Plans for Acquisition of Minority Interests in Domestic Stock 
Insurance Companies. 

I. Any parent corporation directly or indirectly owning at least ninety- 
five percent of the aggregate issued and outstanding shares of all classes of 
voting stock of a domestic stock insurance company may, pursuant to a 
plan for acquisition of minority interests in such subsidiary, acquire all of 
its remaining issued and outstanding shares of voting stock, by exchange 
of stock, other securities, cash, other consideration or any combination there- 
of. 

II. The board of directors, trustees, or other governing body of the 
parent corporation may adopt a plan for the acquisition of minority inter- 
ests in a subsidiary insurer. Every plan shall set forth: 

(a) the name of the company whose shares are to be acquired; 

(b) the total number of issued and outstanding shares of each class of 
voting stock of the company, the number of its shares owned by the parent 



82 Chapters? [1970 

corporation and, if either of the foregoing is subject to change prior to the 
effective date of acquisition, the manner in which any change may occur; 

(c) the terms and conditions of the plan, including the manner and 
basis of exchanging the shares to be acquired for shares or other securities 
of the parent corporation, for cash, other consideration, or any combination 
of the foregoing, the proposed effective date of acquisition and a state- 
ment clearly describing the rights of dissenting stockholders to demand 
appraisal; 

(d) if the parent corporation is neither a domestic corporation nor an 
authorized insurer, its agreement to be bound by paragraph VI of this sec- 
tion and RSA 294:77 to 80 inclusive with respect to the plan, its consent 
to the enforcement against it in this state of the rights of stockholders pur- 
suant to the plan, and a designation of the insurance commissioner as the 
agent upon whom process may be served against the parent corporation 
in the manner set forth in RSA 400:18 in any action or proceeding to en- 
force any such rights; and 

(e) such other provisions with respect to the plan as the board of di- 
rectors, trustees or other governing body deems necessary or desirable, or 
which the insurance commissioner may prescribe. 

III. Upon adoption of the plan, it shall be duly executed by the presi- 
dent and attested by the secretary, or the executive officers corresponding 
thereto, under the corporate seal of the parent corporation. Thereupon, a 
certified copy of the plan, together with a certificate of its adoption sub- 
scribed by such officers and affirmed by them as true under the penalties of 
perjury and under the seal of the parent corporation, shall be submitted to 
the insurance commissioner for his approval. The insurance commissioner 
shall thereupon consider the plan and, if satisfied that it complies with this 
section, is fair and equitable and not inconsistent with law, he shall approve 
the plan. If the insurance commissioner disapproves the plan, notification of 
his disapproved assigning the reasons therefor, shall be given in writing by 
him to the parent corporation. No plan shall take effect unless the approval 
of the insurance commissioner has been obtained. 

IV. If the insurance commissioner approves the plan, the parent corpo- 
ration shall deliver to each person who, as of the date of delivery, is a holder 
of record of stock to be acquired pursuant to the plan, a copy of the plan, or 
a summary thereof approved by the insurance commissioner, in person or 
by depositing the same in the post office, postage prepaid, addressed to the 
stockholder at his address of record. On or before the date of acquisition 
proposed in the plan, the parent corporation shall file with the insurance 
commissioner a certificate, executed by its president and attested by its sec- 
retary, or the executive officers corresponding thereto, and subscribed by 
such officers and affirmed by them as true under the penalties of perjury, 
and under the seal of the parent corporation, attesting to compliance by the 
parent corporation with this subdivision. 

V. Upon compliance with this section, ownership of the shares to be 
acquired pursuant to the plan shall vest in the parent corporation on the 
date of acquisition proposed in the plan whether or not the certificates for 
such shares have been surrendered for exchange and the parent corporation 
shall be entitled to have new certificates registered in its name. Stockholders 



1970] Chapters? 83 

Avhose shares have been so acquired shall thereafter retain only the right 
either to receive the consideration to be paid in exchange for their shares 
pursuant to the plan or to demand appraisal pursuant to paragraph VI. 

VI. A stockholder whose stock is acquired pursuant to this section and 
who elects to dissent from such acquisition shall, by complying with this 
paragraph and with RSA 294:77 to 80 inclusive, have the right to receive 
payment in cash for the fair value of his shares, subject to final approval by 
the insurance commissioner, by filing a written notice of his election to dis- 
sent and a demand for payment to him for his stock at its fair value with 
the parent corporation within thirty days after the delivery to him of either 
a copy of the plan or a summary thereof, pursuant to paragraph IV. For pur- 
poses of this paragraph, the reference in RSA 294:77 to "the date of such 
sale, lease, exchange or change" shall be deemed to include the date of 
delivery of the plan or a summary thereof, as provided in paragraph IV. 

37:3 New Chapter. Amend RSA by inserting after chapter 404-A the 
following new chapter: 

Chapter 404-B 
New Hampshire Insurance Guaranty Association 

404-B: 1 Title. This chapter shall be known and may be cited as the 
New Hampshire Insurance Guaranty Association Act. 

404-B:2 Purpose. The purpose of this chapter is to provide a mech- 
anism for the payment of covered claims under certain insurance policies 
to avoid excessive delay in payment and to avoid financial loss to claimants 
or policyholders because of the insolvency of an insurer, to assist in the de- 
tection and prevention of insurer insolvencies, and to provide an association 
to assess the cost of such protection among insurers. 

404-B:3 Scope, This chapter shall apply to all kinds of direct insur- 
ance, except life, title, surety, disability, credit, mortgage guaranty, and 
ocean marine insurance. 

404'B:4 Construction. This chapter shall be liberally construed to 
effect the purpose under RSA 404-B:2 which shall constitute an aid and 
guide to interpretation. 

404-B:5 Definitions. As used in this chapter: 

I. "Account" means any one of the three accounts created by RSA 
404-B :6; 

II. "Association" means the New Hampshire Insurance Guaranty Asso- 
ciation created under RSA 404-B:6; 

III. "Commissioner" means the commissioner of insurance of this state; 

IV. "Covered claim" means an unpaid claim, including one for un- 
earned premiums, Avhich arises out of and is within the coverage and not 
in excess of the applicable limits of an insurance policy to which this chap- 
ter applies issued by an insurer, if such insurer after the effective date of 
the act is declared insolvent by the superior court, and (a) the claimant or 
insured is a resident of this state at the time of the insured event; or (b) 
the property from which the claim arises is permanently located in this 



84 Chapters? [1970 

state. "Covered claim" shall not include any amount due any reinsurer, 
insurer, insurance pool, or underwriting association, as subrogation recov- 
eries or otherwise. 

V. "Insolvent Insurer" means (a) an insurer authorized to transact 
insurance in this state either at the time the policy was issued or when the 
insured event occurred and (b) declared insolvent by a court of competent 
jurisdiction after the effective date of this act. 

VI. "Member insurer" means any person who (a) writes any kind of 
insurance to which this chapter applies under RSA 404-B:3, including the 
exchange of reciprocal or inter-insurance contracts, and (b) is licensed to 
transact insurance in this state, except mutual insurance companies that 
operate on an assessment plan and require as a condition for granting in- 
surance the signing of a premium deposit note by the insined, which note is 
given for the purpose of establishing a limit of liability to assessment, while 
their total receipts from policyholders is less than ten thousand dollars per 
year. 

VII. "Net direct written premiums" means direct gross premiums written 
in this state on insurance policies to which this chapter applies, less return 
premiums thereon and dividends paid or credited to policyholders on such 
direct business. "Net direct written premiums" does not include premiums 
on contracts between insurers or reinsurers. 

VIII. "Person" means any individual, corporation, partnership, asso- 
ciation or voluntary organization. 

404-B:6 Creation of the Association. There is created a nonprofit un- 
incorporated legal entity to be known as the New Hampshire Insurance 
Guaranty Association. All insurers defined as member insurers in RSA 
404-B:5, VI shall be and remain members of the association as a condition 
of their authority to transact insurance in this state. The association shall 
perform its functions under a plan of operation established and approved 
under RSA 404-B:9 and shall exercise its powers through a board of direc- 
tors established under RSA 404-B:7. For purposes of administration and 
assessment, the association shall be divided into three separate accounts: (a) 
the workmen's compensation insurance account; (b) the automobile insur- 
ance account; and (c) the account for all other insurance to which this 
chapter applies. 

404-B:7 Board of Directors. 

I. The board of directors of the association shall consist of not less than 
five nor more than nine persons serving terms as established in the plan of 
operation. The members of the board shall be selected by member insurers 
subject to the approval of the commissioner. Vacancies on the board shall 
be filled for the remaining period of the term in the same manner as ini- 
tial appointments. If no members are selected within sixty days after the 
effective date of this chapter, the commissioner may appoint the initial 
members of the board of directors. 

II. In approving selections to the board, the commissioner shall con- 
sider among other things whether all member insurers are fairly represented. 



1970] Chapters? 85 

III. Members of the board may be reimbursed from the assets of the 
association for expenses incurred by them as members of the board of di- 
rectors. 

404-B:8 Powers and Duties of the Association. 

I. Tlie association shall: 

(a) Be obligated to the extent of the covered claims existing prior to 
the determination of insolvency and arising within thirty days after the de- 
termination of insolvency, or before the policy expiration date if less than 
thirty days after the determination, or before the insured replaces the policy 
or causes its cancellation, if he does so within thirty days of the determina- 
tion, but such obligation shall include only that amount of each covered 
claim Avhich is less than three hundred thousand dollars except that the 
association shall pay the full amount of any covered claim arising out of a 
Avorkmen's compensation policy, provided however RSA 281:33 shall not 
apply to payments or settlements made pursuant to this chapter. In no event 
shall the association be obligated to a policyholder or claimant in an amount 
in excess of the obligation of the insolvent insurer under the policy from 
^vhich the claim arises. 

(b) Be deemed the insurer to the extent of its obligation on the covered 
claims and to such extent shall have all rights, duties, and obligations of the 
insolvent insurer as if the insurer had not become insolvent. 

(c) Allocate claims paid and expenses incurred among the three ac- 
counts separately, and assess member insurers separately for each account 
amounts necessary to pay the obligations of the association under paragraph 
(a) above subsequent to an insolvency, the expenses of handling covered 

claims subsequent to an insolvency, the cost of examinations under RSA 
404-B:13 and other expenses authorized by this chapter. The assessments of 
each member insurer shall be in the proportion that the net direct written 
premiums of the member insurer for the preceding calendar year on the 
kinds of insurance in the account bears to the net direct written premiums 
of all member insurers for the preceding calendar year on the kinds of in- 
surance in the account. Each member insurer shall be notified of the assess- 
ment not later than thirty days before it is due. No member insurer may be 
assessed in any year on any account an amount greater than two percent of 
that member insurer's net direct written premiums for the preceding cal- 
endar year on the kinds of insurance in the account. If the maximum assess- 
ment, together with the other assets of the association in any account, does 
not provide in any one year in any account an amount sufficient to make all 
necessary payments from that account, the funds available shall be pro-rated 
and the unpaid portion shall be paid as soon thereafter as funds become 
available. The association may exempt or defer, in whole or in part, the as- 
sessment of any member insurer, if the assessment would cause the member 
insurer's financial statement to reflect amounts of capital or surplus less than 
the minimum amounts required for a certificate of authority by any juris- 
diction in which the member insurer is authorized to transact insurance. 
Each member insurer may set off against any assessment, authorized pay- 
ments made on covered claims and expenses incurred in the payment of 
such claims by the member insurer if they are chargeable to the account for 
which the assessment is made. 



86 Chapters? [1970 

(d) Investigate claims brought against the association and adjust, com- 
promise, settle, and pay covered claims to the extent of the association's 
obligation and deny all other claims and may review settlements, releases 
and judgments to which the insolvent insurer or its insureds were parties to 
determine the extent to which such settlements, releases and judgments may 
be properly contested. 

(e) Notify such persons as the commissioner directs under RSA 404- 
B:10, II, (a). 

(f) Handle claims through its employees or through one or more in- 
surers or other persons designated as servicing facilities. Designation of a 
servicing facility is subject to the approval of the commissioner, but such 
designation may be declined by a member insurer. 

(g) Reimburse each servicing facility for obligations of the association 
paid by the facility and for expenses incurred by the facility while handling 
claims on behalf of the association and shall pay the other expenses of the 
association authorized by this chapter. 

II. The association may: 

(a) Employ or retain such persons as are necessary to handle claims and 
perform other duties of the association. 

(b) Borrow funds necessary to effect the purposes of this chapter in ac- 
cord with the plan of operation. 

(c) Sue or be sued. 

(d) Negotiate and become a party to such contracts as are necessary 
to carry out the purpose of this chapter. 

(e) Perform such other acts as are necessary or proper to effectuate the 
purpose of this chapter. 

(f) Refund to the member insurers in proportion to the contribution 
of each member insurer to that account that amount by which the assets of 
the account exceed the liabilities, if, at the end of any calendar year, the 
board of directors finds that the assets of the association in any account 
exceed the liabilities of that account as estimated by the board of directors 
for the coming year. 

404-B:9 Plan of Operation. 

I. The association shall submit to the commissioner a plan of operation 
and any amendments thereto necessary or suitable to assure the fair, rea- 
sonable, and equitable administration of the association. The plan of opera- 
tion and any amendments thereto shall become effective upon approval 
in writing by the commissioner. 

II. If the association fails to submit a suitable plan of operation within 
ninety days following the effective date of this chapter or if at any time 
thereafter the association fails to submit suitable amendments to the plan, 
the commissioner shall, after notice and hearing, adopt and promulgate 
such reasonable rules as are necessary or advisable to effectuate the provi- 
sions of this chapter. Such rules shall continue in force until modified by the 
commissioner or superseded by a plan submitted by the association and ap- 
proved by the commissioner. 

III. All member insurers shall comply with the plan of operation. 



1970] Chapter 37 87 

IV. The plan o£ operation shall: 

(a) Establish the procedures whereby all the powers and duties of the 
association under RSA 404-B:8 will be performed, 

(b) Establish procedures for handling assets of the association. 

(c) Establish the amount and method of reimbursing members of the 
board of directors under RSA 404-B:7. 

(d) Establish procedures by which claims may be filed with the associa- 
tion and establish acceptable forms of proof of covered claims. Notice of 
claims to the receiver or liquidator of the insolvent insurer shall be deemed 
notice to the association or its agent and a list of such claims shall be peri- 
odically submitted to the association or similar organization in another state 
by the receiver or liquidator. 

(e) Establish regular places and times for meetings of the board of di- 
rectors. 

(f) Establish procedures for records to be kept of all financial transac- 
tions of the association, its agents, and the board of directors. 

(g) Provide that any member insurer aggrieved by any final action or 
decision of the association may appeal to the commissioner within thirty 
days after the action or decision. 

(h) Establish the procedvues whereby selections for the board of di- 
rectors will be submitted to the commissioner, 

(i) Contain additional provisions necessary or proper for the execution 
of the powers and duties of the association. 

V. The plan of operation may provide that any or all powers and duties 
of the association, except those under RSA 404-B:8, I, (c) and II, (b) , are 
delegated to a corporation, association, or other organization which per- 
forms or will perform functions similar to those of this association, or its 
equivalent, in two or more states. Such a corporation, association or organi- 
zation shall be reimbursed as a servicing facility would be reimbursed and 
shall be paid for its performance of any other functions of the association. A 
delegation under this paragraph shall take effect only with the approval of 
both the board of directors and the commissioner, and may be made only to 
a corporation, association, or organization which extends protection not 
substantially less favorable and effective than that provided by this chapter, 

404-B:I0 Duties and Powers of the Commissioner. 

I. The commissioner shall: 

(a) Notify the association of the existence of an insolvent insurer not 
later than three days after he receives notice of the determination of the 
insolvency. 

(b) Upon request of the board of directors, provide the association 
with a statement of the net direct written premiums of each member insurer. 

II. The commissioner may: 

(a) Require that the association notify the insureds of the insolvent 
insurer and any other interested parties of the determination of insolvency 
and of their rights under this chapter. Such notification shall be by mail at 
their last known address, where available, but if sufficient information for 
notification by mail is not available, notice by publication in a newspaper 
of general circulation shall be sufficient. 



88 Chapters? [1970 

(b) Suspend or revoke, after notice and hearing, the certificate of au- 
thority to transact insurance in this state of any member insurer which fails 
to pay an assessment when due or fails to comply with the plan of opera- 
tion. As an alternative, the commissioner may levy a fine on any member 
insurer which fails to pay an assessment when due. Such fine shall be paid 
to the association and shall not exceed five percent of the unpaid assessment 
per month, except that no fine shall be less than one hundred dollars per 
month. 

(c) Revoke the designation of any servicing facility if he finds claims 
are being handled unsatisfactorily. 

III. Any final action or order of the commissioner under this chapter 
shall be subject to judicial review in a court of competent jurisdiction. 

404-B:l 1 Effect of Paid Claims. 

I. Any person recovering under this chapter shall be deemed to have 
assigned his rights under the policy to the association to the extent of his 
recovery from the association. Every insured or claimant seeking the protec- 
tion of this chapter shall cooperate with the association to the same extent 
as such person would have been required to cooperate with the insolvent 
insurer. The association shall have no cause of action against the insured 
of the insolvent insurer for any sums it has paid out except such causes of 
action as the insolvent insurer would have had if such sums had been paid 
by the insolvent insurer. In the case of an insolvent insurer operating on a 
plan with assessment liability, payments of claims of the association shall 
not operate to reduce the liability of insured's to the receiver, liquidator, or 
statutory successor for unpaid assessments. 

II. The receiver, liquidator, or statutory successor of an insolvent in- 
surer shall be bound by settlements of covered claims by the association or 
a similar organization in another state. The court having jurisdiction shall 
grant such claims priority equal to that which the claimant would have been 
entitled in the absence of this chapter against the assets of the insolvent in- 
surer. The expenses of the association or similar organization in handling 
claims shall be accorded the same priority as the liquidator's expenses. 

III. The association shall periodically file with the receiver or liquidator 
of the insolvent insurer statements of the covered claims paid by the asso- 
ciation and estimates of anticipated claims on the association which shall 
preserve the rights of the association against the assets of the insolvent 
insurer. 

404-B:12 Nonduplication of Recovery. 

I. Any person having a claim against an insurer under any provision 
in an insurance policy other than a policy of an insolvent insurer which is 
also a covered claim, shall be required to exhaust first his right under such 
policy. Any amount payable on a covered claim under this chapter shall be 
reduced by the amount of any recovery under such insurance policy. 

II. Any person having a claim which may be recovered under more than 
one insurance guaranty association or its equivalent shall seek recovery first 
from the association of the place of residence of the insured except that if 
it is a first party claim for damage to property with a permanent location, he 



1970] Chapters? 89 

shall seek recovery first from the association of the location of the property, 
and if it is a workmen's compensation claim, he shall seek recovery first from 
the association of the residence of the claimant. Any recovery under this 
chapter shall be reduced by the amount of recovery from any other insur- 
ance guaranty association or its equivalent, 

404-B:13 Prevention of Insolvencies. To aid in the detection and pre- 
vention of insurer insolvencies: 

I. It shall be the duty of the board of directors, upon majority vote, 
to notify the commissioner of any information indicating any member in- 
surer may be insolvent or in a financial condition hazardous to the policy- 
holders or the public. 

II. The board of directors may, upon majority vote, request that the 
commissioner order an examination of any member insurer which the 
board in good faith believes may be in a financial condition hazardous to 
the policyholders or the public. Within thirty days of the receipt of such 
request, the commissioner shall begin such examination. The examination 
may be conducted as a National Association of Insurance Commissioners 
examination or may be conducted by such persons as the commissioner 
designates. The cost of such examination shall be paid by the association 
and the examination report shall be treated as are other examination re- 
ports. In no event shall such examination report be released to the board 
of directors prior to its release to the public, but this shall not preclude the 
commissioner from complying with paragraph III. The commissioner shall 
notify the board of directors when the examination is completed. The re- 
quest for an examination shall be kept on file by the commissioner but it 
shall not be open to public inspection prior to the release of the examina- 
tion report to the public. 

III. It shall be the duty of the commissioner to report to the board of 
directors when he has reasonable cause to believe that any member insurer 
examined or being examined at the request of the board of directors may 
be insolvent or in a financial condition hazardous to the policyholders or 
the public. 

IV. The board of directors may, upon majority vote, make reports and 
recommendations to the commissioner upon any matter germane to the 
solvency, liquidation, rehabilitation or conservation of any member in- 
surer. Such reports and recommendations shall not be considered public 
documents. 

V. The board of directors may, upon majority vote, make recommenda- 
tions to the commissioner for the detection and prevention of insurer in- 
solvencies. 

VI. The board of directors shall, at the conclusion of any insurer in- 
solvency in which the association was obligated to pay covered claims, pre- 
pare a report on the history and causes of such insolvency, based on the in- 
formation available to the association, and submit such report to the com- 
missioner. 

404-B:14 Examination of the Association. The association shall be 
subject to examination and regulation by the commissioner. The board of 



90 Chapters? [1970 

directors shall submit, not later than March 30 of each year, a financial re- 
port for the preceding calendar year in a form approved by the commissioner. 

404-B:15 Tax Exemption. The association shall be exempt from pay- 
ment of all fees and all taxes levied by this state or any of its subdivisions 
except taxes levied on real or personal property. 

404-B:16 Recognition of Assessments in Rates. The rates and premi- 
ums charged for insurance policies to which this chapter applies shall in- 
clude amounts sufficient to recoup a sum equal to the amounts paid to the 
association by the member insurer less any amounts returned to the mem- 
ber insurer by the association and such rates shall not be deemed excessive 
because they contain an amount reasonably calculated to recoup assessments 
paid by the member insurer. 

404-B:17 Immunity. There shall be no liability on the part of and no 
cause of action of any nature shall arise against any member insurer, the 
association or its agents or employees, the board of directors, or the com- 
missioner or his representatives for any action taken by them in the per- 
formance of their pov/ers and duties under this chapter. 

404-B:18 Stay of Proceedings; Reopening of Default Judgments. All 

proceedings in which the insolvent insurer is a party or is obligated to de- 
fend a party in any court in this state shall be stayed for sixty days from the 
date the insolvency is determined to permit proper defense by the asso- 
ciation of all pending causes of action. As to any covered claims arising 
from a judgment under any decision, verdict or finding based on the default 
of the insolvent insurer or its failure to defend an insured, the association 
either on its own behalf or on behalf of such insured may apply to have such 
judgment, order, decision, verdict or finding set aside by the same court or 
administrator that made such judgment, order, decision, verdict or finding 
and shall be permitted to defend against such claim on the merits. 

37:4 Repeal. 

I. RSA 402:57 (supp) as amended by 1969, 366:5 relative to fire, etc., 
insurance companies is hereby repealed. 

II. RSA 402:61 relative to tax on life insurance companies is hereby 
repealed. 

37:5 Fees. Amend RSA 402-B:8 (supp) as inserted by 1969, 218:1 by 
striking out in line three the word "chapter" and inserting in place thereof 
the word (title) so that said section, as amended, shall read as follows: 

402-B:8 Fees. The commissioner of insurance shall collect the follow- 
ing fees, which shall be paid into a special fund, hereby created, for use by 
the commissioner in administrating this title: 

I. For each original insurance claims adjuster's license, fifteen dollars. 

II. For each annual renewal, ten dollars. 

37:6 Term; Renewals. Amend RSA 402-B:10 (supp) as inserted by 
1969, 218:1 by striking out in line two the words "one year from the date 
of its issuance" and inserting in place thereof the words (on October first 
next after its issuance) so that said section, as amended, shall read as follows: 



1970] Chapter 37 91 

402-B:10 Term; Renewals. Each insurance claims adjuster's license 
shall expire on October first next after its issuance. Upon satisfactory proof 
of continued qualification and trustworthiness and the payment of the re- 
quired fee, the commissioner shall without examination, unless required to 
show qualification and trustworthiness, renew the license of any licensee 
upon its expiration. 

37:7 Term. Amend RSA 405:36 (supp) as amended by 1969, 366:8 by 
striking out said section and inserting in place thereof the following: 

405:36 Term. A broker's license shall expire on October 1 of the sec- 
ond year after its issuance, unless sooner revoked by the commissioner. 

37:8 Definition. Amend RSA 408:15, (1), (d) as amended by 1959, 
176:1 by striking out said paragraph and inserting in place thereof the fol- 
loAving: 

(d) The amounts of insurance under the policy must be based upon 
some plan precluding individual selection either by the employees or by the 
employer or trustees: 

37:9 Employee Insurance. Amend RSA 408:15 by inserting after para- 
graph (7) of the following new paragraph: 

(8) Notwithstanding the above, any such policy or group life insurance 
issued pursuant to paragraphs one through seven may be extended to pro- 
vide group life insurance for an employee, or other member of the group, 
his or her spouse, child or children, or other dependents. 

37:10 Adoption of Assigned Risk. Amend RSA 412:19-a as inserted 
by 1961, 77:1 by striking out said section and inserting in place thereof the 
following: 

412:19-a Adoption of Assigned Risk Plan. Every insurer authorized to 
transact in this state the business of motor vehicle bodily injury, motor 
vehicle property damage liability, physical damage, and medical payments 
insurance shall, as a condition precedent to the issuance or continuation of 
such authorization subscribe to and in every respect be bound by the rules 
of the New Hampshire Automobile Insurance Plan now in effect in this 
state and on file in the office of the insurance commissioner. Amendments' 
to the Automobile Insurance Plan may be proposed from time to time by 
the insurance commissioner or by the subscribers to the plan. Amendments 
proposed by the insurance commissioner shall become effective and binding 
upon all subscriber companies unless disapproved in writing filed with 
the insurance commissioner not more than thirty days after their proposal 
by at least ten percent of all the subscribers writing not less than twenty 
percent of the direct premiums for motor vehicle insurance in the state. 
Amendments proposed by the subscribers shall be submitted to the insur- 
ance commissioner through the manager of the plan and shall not become 
effective until approved by the insurance commissioner. 

37:11 Uninsured or Hit-and-Run Motor Vehicle Coverage. Amend 
RSA 268:15-a, II (supp) as inserted by 1967, 284:2 and amended by 1969, 
485:1, 2, by inserting at the end thereof the following: (In the event of such 
insolvency, and if no other insurance applies, uninsured motorist coverage 



92 Chapters? [1970 

shall provide for no less than five thousand dollars coverage for injury to 
or destruction of property in any one accident) so that said paragraph, as 
amended, shall read as follows: 

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 within the limits specified therein because of insolvency. In the 
event of such insolvency, and if no other insurance applies, uninsured 
motorist coverage shall provide for no less than five thousand dollars cov- 
erage for injury to or destruction of property in any one accident. 

37:12 Classified Personnel. There are hereby created the following 
listed classified positions in addition to any other classified positions au- 
thorized in the insurance department, at no less labor grade than that re- 
spectively herein specified: one fire and casualty actuary labor grade 34, 
one life actuary labor grade 34, one insurance examiner labor grade 26, 
one senior rate analyst labor grade 25, two clerk stenographers III labor 
grade 8. 

37:13 Charge for Salaries of New Positions. The funds for the pay- 
ment of the salaries of the classified positions established by section 12 of 
this act are hereby appropriated for the fiscal years ending June 30, 1970, 
and June, 30, 1971, and said appropriation shall be a charge against the 
salary adjustment fund. 

37:14 Certificate. Amend RSA 421:16 by striking out the entire section 
and inserting in place thereof the following new section: 

421:16 Certificate. Upon registration of any dealer, a certificate shall 
be issued. The certificate shall in all respects be in such form as the Com- 
missioner may determine, and shall state in bold type that the Commissioner 
does not recommend and assumes no responsibility for, securities offered by 
the dealer. Certified copies of this certificate shall be furnished to the dealer 
at five dollars each. 

37:15 Changes in Certificate. Amend RSA 421:17 by striking the en- 
tire section and inserting in place thereof the following new section: 

421:17 Changes in Certificate. Changes in certificate necessitated by 
changes in the name of the licensee may be made at any time upon written 
application to the commissioner, accompanied by a statement of the facts 
necessitating the change, upon payment of $25. 

37:16 Registration Required. Amend RSA 421:18 by striking out in 
line 1 the words "salesman or agent" and inserting in place thereof the word 
(individual) so that said section, as amended, shall read as follows: 

421:18 Registration Required. No individual shall in this state, in be- 
half of any dealer, sell, offer for sale, or invite offers for or inquiries about 
securities unless registered as a salesman or agent of such dealer under the 
provisions of this chapter. 



1970] Chapter 37 93 

37:17 New Subdivision. Amend RSA 400 by inserting after section 
26 the following subdivision: 

Advisory Committee 

400:27 Advisory Committee Established. There is hereby established 
the New Hampshire Advisory Committee on Insurance Matters. The com- 
mittee shall have ten members from which a chairman shall be annually 
elected. The committee shall consist of the following persons: 

I. The insurance commissioner and his deputy; 

II. The chairman of the senate committee on banks, insurance and 
claims or his designee and the chairman of the house committee on banks 
and insurance or his designee; 

III. One person appointed annually by each of the three following 
organizations: 

New Hampshire Association of Independent Insurance Agents 

Independent Mutual Agents of New England 

New Hampshire State Association of Life Underwriters 

IV. Three persons appointed annually by the presidents of New Hamp- 
shire domiciled life, property and liability insurance companies. 

400:28 — Duties of Committee. The committee shall upon the call of 
the insurance commissioner, or the chairman, consult with, advise, and as- 
sist the commissioner in preparing any proposed legislation or regulations. 
The committee in its recommendations, shall have the objective of assisting 
the commissioner in achieving 

1. An acceptable insurance environment for rendering to the public 
maximal insurance service by agents and companies, 

2. An open market for the insurance-buying public, 

3. Recognition that the business is, and should continue, competitive 
rather than monopolistic, 

4. Adequate authority for the insurance department to regulate the 
business in the public good, and equitably to all sectors of the industry, 

5. Legislative proposals which have been tempered and matured by 
group analysis prior to presentation to the legislature, so they may enjoy 
the widest opportunity for general support. 

37:18 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



94 Chapter 38 [1970 

CHAPTER 38. 

AN ACT AUTHORIZING THE ISSUANCE OF MOTOR VEHICLE REGISTRATION PLATES 

OF WHATEVER DURATION THE DIRECTOR PROVIDES, CORRECTING AN ERROR IN 

THE APPROPRIATION FOR SAFETY SERVICES, MAKING ADDITIONAL APPROPRIATIONS 

FOR SNOWMOBILES AND INITIAL PLATES, ESTABLISHING THE POSITION OF 

ASSISTANT TO THE DIRECTOR OF MOTOR VEHICLES, AND REDUCING THE 

APPROPRIATION TO SAFETY SERVICES. 

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

38;1 Multi-Year Registration Plates. Amend RSA 260:9 by inserting 
at the end thereof the following: (Such plate or plates shall be furnished 
by him yearly or at whatever interval of years, not to exceed five years, he 
shall determine. In all cases such plate or plates shall bear on the face there- 
of a permanent or changeable designation of their effective period) so that 
said section as amended shall read as follows: 260:9 Number Plates. The 
director shall furnish at his office without charge, to every person whose 
motor vehicle is registered a number plate or plates of suitable design. Such 
plate or plates shall be furnished by him yearly or at whatever interval of 
years, not to exceed five years, he shall determine. In all cases such plate or 
plates shall bear on the face thereof a permanent or changeable designation 
of their effective period. 

38:2 Safety Services Appropriation. Amend the appropriation for the 
division of safety services for the fiscal year ending June 30, 1971, as pro- 
vided in 1969, 291:3 by inserting before the total appropriation the follow- 
ing line: 

Key punch operators (2) 7,650.24 

38:3 Appropriation; Snowmobile Section. In addition to any other funds 
appropriated for the snowmobile section of the division of motor vehicles 
there are hereby appropriated the following amounts for the fiscal year end- 
ing June 30, 1970: 

Personal services (other) $4,000 

Current expenses * 3,000 

Travel, in state 500 



Total $7,500 

For the fiscal year ending June 30, 1971. 

Personal services (other) $4,200 

Current expenses 3,000 

Travel, in state 500 



Total $7,700 

The governor is authorized to draw his warrant for the sums hereby 
appropriated out of any money in the treasury not otherwise appropriated. 

38:4 Appropriation 1970; Initial Motor Vehicle Plates. Amend 1969, 
367:4 by striking out the appropriation for initial plate fund in the depart- 



1970] Chapter 38 95 

ment of safety, division of motor vehicles and inserting in place thereof the 
following: 

Initial plate fund: 
Personal services: 

Permanent $ 16,675 

Current expenses 17,500 

Travel: 

In state 1,000 

Out of state 500 

Equipment 40 

Other expenditures: 

Oasi, retirement, blue cross and 

insurance 1,389 

Drivers assistance* 200,000 

Local police training school 4,000 



Total $241,104 

Less estimated revenue** 241,104 



Net appropriation for initial plate fund 

*The commissioners of safety and education to recommend to governor 
and council a more realistic per-pupil reimbursement of driver training as- 
sistance. Not to be transferred or expended for any other purpose. 

**Other provisions of law notwithstanding, the balance in the initial 
plate fund at June 30, 1970, shall not lapse but shall be carried forward to 
July 1, 1970. 

38:5 Appropriation 1971; Initial Motor Vehicle Plates. Amend 1969, 
368:4 by striking out the appropriation for initial plate fund in the depart- 
ment of safety, division of motor vehicles and inserting in place thereof the 
following: 

Initial plate fund: 
Personal services: 



Permanent 


$ 17,055 


Current expenses 


18,000 


Travel: 




In state 


1,000 


Out of state 


500 


Equipment 


2,000 


Other expenditures: 




Oasi, retirement, blue cross and insurance 


1,504 


Drivers assistance* 


200,000 


Local police training school 


4,000 


Total 


$244,059 


Less estimated revenue and balance** 


244,059 



Net appropriation for initial plate fund 



96 Chapter 38 [1970 

*The commissioners of safety and education to recommend to governor 
and council a more realistic per-pupil reimbursement of driver training as- 
sistance. Not to be transferred or expended for any other purpose. 

**Other provisions of law notwithstanding, the balance in the initial 
plate fund at June 30, 1971, shall not lapse but shall be a carry forward to 
July 1, 1971. 

38:6 Limitation on Initial Number Plates Removed. Amend RSA 
260:10-a as inserted by 1957, 8:1 by striking out in line three the word "pas- 
senger" so that said section as amended shall read as follows: 260:10-a Ini- 
tial Number Plates. The director is hereby authorized to design and to issue, 
under such regulations as he shall deem appropriate, initial number plates 
to be used on motor vehicles in lieu of other number plates. Such number 
plates shall be of such design and shall bear such letters or letters and 
numbers as the director shall prescribe, but there shall be no duplication of 
identification. The number plates herein provided for shall be issued only 
upon application therefor, and upon payment of a service fee of five dollars, 
said service fee to be in addition to the regular motor vehicle registration 
fee as prescribed by law for the particular vehicle. 

38:7 Assistant to Director of Motor Vehicles. Amend RSA 106-A:8 
as amended by 1961, 166:3 by inserting after paragraph II the following 
new paragraph: III. An assistant to the director of motor vehicles, who shall 
carry out such duties as may be assigned to him by the director. The annual 
salary of said assistant shall be that prescribed in RSA 94:1-4. 

38:8 Salaries 1970. Amend RSA 94:1 (supp), as amended, by inserting 
in proper alphabetical order the following new line: 

Assistant to director of motor vehicles 11,449 13,227 

38:9 Salaries 1971. Amend RSA 94:l-a (supp), as amended, by inserting 
in proper alphabetical order the following new line: 

Assistant to director of motor vehicles 12,322 14,226 

38:10 Appropriation, Division of Motor Vehicles 1970. Amend 1969, 
367:4 in the appropriation for the department of safety, division of motor 
vehicles, administration, other personal services by striking out the line 
"Permanent 264,855" and inserting in place thereof the following: 

(Permanent 277,855), by striking out the line "Total $658,595" 

and inserting in place thereof the following: (Total $671,595), by strik- 

ing out the line "Total for division of motor vehicles $772,100" and in- 

serting in place thereof the following: (Total for division of motor vehicles 
$785,100) and by striking out the line "Less transfer from highway funds 
772,100" and inserting in place thereof the following: (Less transfer from 
highway funds 785,100). 

38:11 Appropriation, Division of Motor Vehicles 1971. Amend 1969, 
368:4 in the appropriation for the department of safety, division of motor 
vehicles, administration, other personal services by striking out the line 
"Permanent 267,654" and inserting in place thereof the following: 

(Permanent 280,654), by striking out the line "Total $661,103" 

and inserting in place thereof the following: (Total $674,103), by strik- 



1970] Chapter 38 97 

ing out the line "Total for division of motor vehicles $777,163" and 

inserting in place thereof the following: (Total for division of motor ve- 
hicles $790,163) and by striking out the line "Less transfer from high- 
way funds 777,163" and inserting in place thereof the following: (Less 
transfer from highway funds 790,163). 

38:12 Appropriation, Division of Safety Services 1971. Amend 1969, 
368:4 in the appropriation for department of safety, division of safety ser- 
vices, other personal services by striking out the line "Permanent 177,- 
177" and inserting in place thereof the following: (Permanent 164,- 
177), by striking out the line "Total $442,394" and inserting in place 
thereof the following: (Total $429,394), by striking out the line "Less 
transfer from highway fund 287,556" and inserting in place thereof 
the following: (Less transfer from highway fund 279,106) and by strik- 
ing out the line "Net appropriation for division of safety services 154,- 
838" and inserting in place thereof the following: (Net appropriation for 
division of safety services 150,288). 

38:13 Appropriation, Safety and Driver Education, Board of Education. 

Amend 1969, 368:4 by striking out the appropriation for safety and driver 
education in the appropriation for board of education and inserting in 
place thereof the following: 

For safety and driver education: 
Personal services: 

Permanent $18,980 

Current expenses 1,000 

Equipment 200 

Travel: 

In state 1,000 

Out of state 300 

Other expenditures: 

Oasi, retirement, insurance .1,257 

Curriculum development, conferences and workshops 1,000 

Total $23,737 
Less transfer from department of safety, 

initial plate fund 11,868 

Less estimated federal funds 11,869 



Net appropriation 

38:14 Effective Date. This act shall take eflfect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



98 Chapter 39 [1970 

CHAPTER 39. 

AN ACT RELATIVE TO SALARIES OF CARROLL COUNTY ATTORNEY, CARROLL 

COUNTY TREASURER, SALARIES OF CERTAIN COUNTY OFFICIALS OF BELKNAP COUNTY 

AND AUTHORIZING COUNTIES TO ESTABLISH HIGHWAY SAFETY PROGRAMS. 

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

39:1 Carroll County Attorney; Salary Change. Amend RSA 7 by in- 
serting after section 35-c (supp) as inserted by 1969, 490:2 the following new 
section: 7:35-d Carroll County Attorney. The annual salary of the Carroll 
county attorney shall be established by the Carroll county convention prior 
to each biennial primary election at a rate of not less than three thousand 
dollars and shall become effective on January 1 following said election. 

39:2 Repeal. RSA 7:35, II, (supp) as inserted by 1969, 30:1, relative to 
the salary of Carroll county attorney is hereby repealed. 

39:3 County Treasurer. Amend RSA 29 by inserting after section 15 
(supp) the following new section: 29:16 Carroll County Treasurer. The 
annual salary of the Carroll county treasurer shall be established by the 
Carroll county convention prior to each biennial primary election at a rate 
of not less than seven hundred and fifty dollars and shall become effective 
on January 1 following said election, 

39:4 Repeal. RSA 29:14, II (supp) as inserted by 1969, 30:2, relative 
to the salary of the Carroll county treasurer, is hereby repealed. 

39:5 Belknap County. Amend RSA 7 by inserting after section 35-d 
(supp) as inserted by this act, the following new section: 7:35-e Belknap 
County Attorney. The annual salary of the Belknap county attorney shall 
be established by the Belknap county convention, upon recommendation of 
the executive committee, prior to the first day for filing as a candidate for 
county attorney in each biennial primary election at a rate of not less than 
three thousand dollars and shall become effective on January 1 following 
said election. 

39:6 Repeal. RSA 7:35, I, (supp) as inserted by 1969, 30:1, and amen- 
ded 1969, 152:1, relative to the salary of Belknap county attorney is hereby 
repealed. 

39:7 County Treasurer. Amend RSA 29 by inserting after section 16 
(supp) as inserted by this act the following new section: 29:17 Belknap 
County Treasurer. The annual salary of the Belknap county treasurer shall 
be established by the Belknap county convention, upon recommendation of 
the executive committee, prior to the first day for filing as a candidate for 
county treasurer in each biennial primary election at a rate of not less than 
seven hundred and fifty dollars and shall become effective on January 1 fol- 
lowing said election. 

39:8 Repeal. RSA 29:14, I, as inserted by 1969, 30:2, relative to the sal- 
ary of Belknap county treasurer, is hereby repealed. 

39:9 Change in Salaries. Amend RSA 28 by inserting after 28-c (supp) 
the following new section: 28:28-d Belknap County Commissioners. The 



1970] Chapter 39 99 

annual salary of each of the Belknap couniy commissioners shall be estab- 
lished by the Belknap county convention, upon recommendation of the ex- 
ecutive committee, prior to the first day for filing as a candidate for county 
commissioner in each biennial primary election at a rate of not less than 
fifteen hundred dollars and shall become effective on January 1 following 
said election. 

39:10 Repeal. RSA 28:28, I, as inserted by 1969, 30:3 relative to the 
salary of Belknap county commissions, is hereby repealed. 

39:11 Belknap County Sheriff. Amend RSA 104:29, VII as inserted 
by 1967, 201:1 by striking out said paragraph and inserting in place thereof 
the following: VII. In Belknap the annual salary of the sheriff shall be es- 
tablished by the Belknap county convention upon recommendation of the 
executive committee, prior to the first day for filing as a candidate for sheriff 
in each biennial primary election at a rate of not less than nine thousand 
dollars, and said salary shall be payment in full for all his services to said 
county. The county shall provide him with suitable transportation and he 
shall not be allowed the established rates for mileage allowable to other 
sheriffs. He shall be allowed reasonable expenses incurred during the per- 
formance of his duties and such expenses shall be subject to the approval of 
a justice of the superior court. For the service of civil writs and other proc- 
ess 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. 

39:12 Belknap County Register of Deeds. Amend RSA 478:30 as in- 
serted by 1967, 151:2 by striking out said section and inserting in place 
thereof the following: 478:30 Salary. The annual salary, and/or a per- 
centage of fees, of the register of deeds for Belknap county shall be estab- 
lished by the Belknap county convention, upon recommendation of the 
executive committee, prior to the first day for filing as a candidate for regis- 
ter of deeds in each biennial primary election, at an amount and rate of not 
less than six thousand five hundred dollars plus ten percent of the total fees 
collected by him and said salary and/or percentage of fees shall become ef- 
fective January 1 following said election. Said salary shall be paid in equal 
monthly installments. 

39:13 Local Highway Safety Programs. Amend RSA 239-B:6 (supp) 
as inserted by 1967, 333:1 by inserting after the word "towns" in lines one 
and two the word (counties) so that said section as amended shall read as 
follows: 239-B:6 Local Highway Safety Programs. The towns, counties and 
cities are hereby authorized to establish highway safety programs. Towns, 
counties and cities implementing highway safety programs approved by the 
governor in accordance with the Highway Safety Act of 1966 are eligible for 
reimbursement of federal funds apportioned to this state for such programs. 

39:14 Effective Date. The provisions of sections 1, 3, 5, 7, 9, 11 and 12 

of this act authorizing the Carroll county and Belknap county conventions 
to establish salaries for certain county officials shall take effect upon the 



100 Chapter 40 [1970 

passage of this act. The salaries established for said county officials under 
this act and the provisions of sections 2, 4, 6, 8 and 10 shall take effect as of 
January 1, 1971. The provisions of section 13 of this act shall take effect 
sixty days after the passage of this act. 
[Approved May 4, 1970.] 

[Effective date Sections 1, 3, 5, 7, 9, 11 and 12 shall take effect May 4, 1970; 
Sections 2, 4, 6, 8 and 10 shall take effect January 1, 1971; Section 13 shall 
take effect July 3, 1970.] 

[Salaries established pursuant to sections 1, 3, 5, 7, 9, 11 and 12 shall take 
effect January 1, 1971.] 



CHAPTER 40. 



AN ACT MAKING APPROPRIATIONS FOR THE TREATMENT AND 
PREVENTION OF ALCOHOL AND DRUG ABUSE. 

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

40:1 Appropriation; Division of Public Health. The following sums 
are appropriated in the budget of the division of public health services of 
the department of health and welfare in addition to any other sums appro- 
priated for said division for the fiscal year 1971 in order to implement the 
program of alcohol and drug abuse as established by RSA 172. 

1971 
Permanent personal services 

3 senior psychiatric social workers 29,268 

6 psychiatric social workers 50,670 

1 field consultant 7,724 

1 clerk stenographer II 4,485 

Total 92,147 

Other personal services 

medical fees 3,000 

psychiatric fees 6,000 

social research 1,260 



Total 10,260 

Current expense 

supplies 1,580 

publications and archives 1,310 

telephone 1,570 

postage 1,040 

patient subsistence 10,000 

Total 15,500 



0] Chapter 40 




101 


Travel 






in-state 


1,000 




out-of-state 


1,200 




Total 




2,300 


Equipment 

10 executive desks and chairs at $295 


2,950 




1 secretary desk and chair 


250 




9 lamps 

9 filing cabinets 


173 
810 




1 typewriter 


495 




Total 




4,678 



Grand Total $124,885 

40:2 Appropriation; Department of Education. The following sums 
are appropriated in the department of education, in addition to any other 
sums appropriated for said department for the fiscal year 1971 in order to 
implement the program of drug and alcohol abuse control as established 
by RSA 172. 

1971 
Personal services: 
consultant 13,832 

clerk stenographer II 5,414 



19,246 

Current expenses 1,900 

Equipment 1,530 

Travel: 

in-state 900 

out-of-state 300 



1,200 
Employee benefits 1,279 

Teacher workshop and conference 2,500 



Grand Total 27,655 

40:3 Appropriation; Division of State Police. The following sums are 
appropriated in the budget of the division of state police of the department 
of safety in addition to any other sums appropriated for said division for 
said fiscal years in order to implement the program of drug and alcohol 
abuse control as established by RSA 172. 

1970 1971 

April 1-June 30 
I. Control and Investigation of 
Drugs 

Personal services — Class I 

15,685.40 68,062.28 



102 Chapter 40 [1970 



Current expense: 
Class II 


1,735.00 




4,950.00 


Equipment 
Class III 

motor vehicles 5,000.00 

mobile radios 

misc. 2,000.00 


7,000.00 


10,000.00 
3,200.00 
1,000.00 








14,200.00 


Other personal services 
Retirement, Blue 
Cross, etc. 


475.33 




1,000.00 
5,110.00 


Travel: 

In state 

Out-of-state 
Procuring evidence 


2,000.00 
400.00 




21,350.00 
2,500.00 
1,500.00 


Total (I) 


27,295.73 


118,672.28 


II. Drug Identification (Laboratory) 








Equipment 
Class III 









1 gas chromotographic 

10,000.00 
1 chemical supplies 1,500.00 



11,500.00 

Personal services 

1 chemist II 7,839.00 

1 lab technician 5,379.40 

1 clerk steno II 4,716.00 



17,934.40 
Current expense 3,100.00 

Equipment* 9,000.00 

*The department of safety is authorized to receive and utilize federal 
funds, gifts or grants from any person or association which may be made 
available for this purpose. 

Other personal services 1,200.00 

Retirement, Blue Cross, etc. 768.51 

Travel 

In-state 500.00 

Out-of-state 800.00 



Total II 11,500.00 33,302.91 

Grand Total 38,795.73 151,975.19 



1970] Chapter 41 103 

40:4 Appropriation. Amend Laws of 1969, chapter 501:8 by striking 
out in lines two and three the words "sixty-two thousand five hundred dollars 
for the fiscal year ending June 30, 1970 and a like sum for the fiscal year 
ending June 30, 1971" and inserting in place thereof the words (thirty thou- 
sand dollars for the fiscal year ending June 30, 1970 and the sum of fifteen 
thousand dollars for the fiscal year ending June 30, 1971). Further amend 
said section by striking out in lines four, five and six, the words "seven thou- 
sand five hundred dollars is appropriated in the budget of the department of 
education for the fiscal year ending June 30, 1970 and a like sum for the fis- 
cal year ending June 30, 1971;" Further amend said section by striking out in 
lines nine through twelve the words "forty thousand dollars is appropriated 
in the budget of the division of state police in the department of safety for 
the fiscal year ending June 30, 1970 and a like sum for the fiscal year ending 
June 30, 1971" and inserting in place thereof the words (fifteen thousand 
dollars is appropriated in the budget of the division of state police in the 
department of safety for the fiscal year ending June 30, 1970). Further 
amend said section by striking out in line thirteen the word "education" so 
that said section as amended shall read as follows: 

501:8 Appropriation. There is hereby appropriated the sum of thirty 
thousand dollars for the fiscal year ending June 30, 1970 and the sum of 
fifteen thousand dollars for the fiscal year ending June 30, 1971. Of these 
sums fifteen thousand dollars is appropriated in the budget of the division of 
public health services of the department of health and welfare for the fiscal 
year ending June 30, 1970 and a like sum for the fiscal year ending June 30, 
1971; fifteen thousand dollars is appropriated in the budget of the division 
of state police in the department of safety for the fiscal year ending June 30, 
1970. The commissioners of health and welfare and safety are directed with 
the aproval of governor and council, to budget these sums in order to most 
effectively achieve the purposes of this act. 

40:5 Efifective Date. This act shall take efiFect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 41. 



AN ACT CLARIFYING THE STATUTE RELATIVE TO MANAGEMENT-EMPLOYEE 
RELATIONS AT THE UNIVERSITY OF NEW HAMPSHIRE. 

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

41:1 Separate Commissions. Amend RSA 98-C:l, III (supp) as inserted 
by 1969, 290:1 by striking out said paragraph and inserting in place thereof 
the following: 

III. "Commission" shall mean: 

(a) For all employees except nonacademic employees of the university 
of New Hampshire but as to said nonacademic employees for them in all 



104 Chapter 41 [1970 

matters relative to rules and regulations governing elections and in cases of 
appeals regarding voter eligibility three persons, namely, the chairman of 
the state personnel commission (or some other member of such commission 
when designated by him) , the commissioner of labor (or his deputy when 
designated by him) , and the secretary of state (or his deputy when desig- 
nated by him;) 

(b) For nonacademic employees of the university of New Hampshire, 
in all matters except as otherwise provided in paragraph (a) above, three 
persons, namely, the university vice president-treasurer (or his designate) , 
a person chosen by the nonacademic employees, a person mutually agreed 
upon by the other two. 

41:2 Separate Directors. Amend RSA 98-C:l, IV (supp) as inserted 
by 1969, 290:1 by striking out said paragraph and inserting in place thereof 
the following: 

IV. "Director" shall mean: 

(a) For all employees except nonacademic employees of the university 
of New Hampshire the director of personnel or his deputy as provided in 
RSA 98; 

(b) For nonacademic employees of the university of New Hampshire 
the university personnel officer unless the president of the university of New 
Hampshire shall designate an alternate officer to serve. 

41:3 Presentation to Management. Amend RSA 98-C:2 (supp) as in- 
serted by 1969, 290:1 by inserting in line nine after the word "director" the 
following words (or in the case of nonacademic employees of the university 
of New Hampshire, including, without limitation, the presentation of its 
views to the president of the university of New Hampshire, the cognizant 
president of the state colleges, the board of trustees of the university of New 
Hampshire through its personnel committee, the commission or the direc- 
tor) so that said section as amended shall read as follows: 98-C:2 Employee 
Rights. Employees shall have, and shall be protected in the exercise of, 
the right, freely and without fear of penalty or reprisal, to form, join and 
assist any employee organization, or to refrain from any such activity. Except 
as hereinafter expressly provided, the freedom of such employees to assist 
any employee organization shall be recognized as extending to participation 
in the management of such employee organization and acting for such or- 
ganization as its representative, including, without limitation, presentation 
of its views to the governor, the governor and council, the legislature, the 
commission or the director, or in the case of nonacademic employees of the 
university of New Hampshire, including, without limitation, the presenta- 
tion of its views to the president of the university of New Hampshire, the 
cognizant president of the state colleges, the board of trustees of the univer- 
sity of New Hampshire through its personnel committee, the commission or 
the director. The head of each department or agency and the appointing 
authority shall take such action, consistent with law, as may be required to 
assure that no interference, restraint, coercion or discrimination is practiced 
within such department or agency to discourage or encourage membership 
in any employee organization or to discourage or hinder the free exercise of 
the rights of employees hereunder. Provided that the rights described in 
this section do not extend to participation in the management of an em- 



1970] Chapter 41 105 

ployee organization or acting as its representative where such participation 
or activity would result in a conflict of interest or other^vise be incompatible 
with law or with the official duties of an employee. 

41:4 Certification of Election Results. Amend RSA 98-C:3, III (supp) 
as inserted by 1969, 290:1 by inserting in line twelve after the word "organi- 
zation" the following words (In the case of the commission relative to the 
nonacademic employees of the university of New Hampshire, said commis- 
sion shall certify its election results to the president of the college involved 
and the employee organization) so that said paragraph as amended shall 
read as follows: III. If an employee organization claims the right to act as 
exclusive representative for any employees, it may file a petition with the 
commission setting forth its claims and describing the unit for which it 
claims the right of exclusive representation. No such petition may be con- 
sidered unless it is supported by the signatures of at least twenty-five percent 
of the employees in the claimed unit or one hundred employees, whichever 
is less. The commission shall investigate such petition and may, upon due 
notice, conduct a hearing on the appropriateness of the unit. If the com- 
mission finds that the unit claimed or some other unit or units are appro- 
priate and that a question of representation of such unit or units exists, it 
shall direct an election by secret ballot in such unit or units and shall certify 
the results thereof to the governor and the employee organization. In the 
case of the commission relative to the nonacademic employees of the uni- 
versity of New Hampshire, said commission shall certify its election results 
to the president of the college involved and the employee organization. The 
conduct of such elections shall be under the supervision of the director and 
shall be in accordance with regulations issued by the commission. The peti- 
tioners shall have the right to be heard on the question of election pro- 
cedure. The director shall determine all questions of eligibility to vote, 
subject to the right of appeal to the commission. Upon the filing of a peti- 
tion with the commission signed by twenty-five percent or more of the em- 
ployees in the unit alleging that they desire to revoke a prior selection of an 
em.ployee organization as exclusive representative, the commission shall 
likewise direct an election by secret ballot and shall certify the results thereof. 
No election shall be directed in any unit within which, in the preceding 
two-year period, a valid election shall have been held. 

41:5 Prohibition Against Infringement. Amend RSA 98-C:4, II (supp) 
as inserted by 1969, 290:1 by inserting in line five after the words "pursuant 
thereto" the following words (In the case of nonacademic employees of the 
university of New Hampshire, no such agreement shall infringe upon the 
rights of the individual employees and the policies governing such em- 
ployees as established by the board of trustees of the university of New 
Hampshire and administrative regulations issued by it) so that said para- 
graph as amended shall read as follows: II. Every such agreement shall con- 
tain a no-strike clause which shall survive the term of the agreement and 
remain in effect until a new agreement is negotiated covering the same em- 
ployees. No such agreement shall infringe upon the rights of individual 
employees under RSA 98 and the regulations issued pursuant thereto. In 
the case of nonacademic employees of the university of New Hampshire, no 
such agreement shall infringe upon the rights of the individual employees 



106 Chapter 42 [1970 

and the policies governing such employees as established by the board of 
trustees of the university of New Hampshire and administrative regulations 
issued by it. Such agreement shall at all times be subject to existing or future 
laws and all valid regulations adopted pursuant thereto. Every such proposed 
agreement shall be approved as to form and legality by the attorney general 
or his deputy or assistant prior to its execution. 

41:6 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



CHAPTER 42. 



AN ACT PROVIDING FOR AN EXEMPTION FROM MOTOR VEHICLE 
REGISTRATION FEE FOR CERTAIN DISABLED VETERANS. 

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

42:1 Exemption of Amputee Veterans. Amend RSA 260:28 by striking 
out said section and inserting in place thereof the following: 260:28 Exemp- 
tion of Amputee Veterans. No fee shall be charged for permit to register 
a motor vehicle owned by a veteran of world wars I or II, the Korean con- 
flict, or the Vietnam conflict who, because of being an amputee, paraplegic 
or having suffered loss or use of a limb from a service connected cause, as 
certified by the United States veterans administration, has received said 
motor vehicle from the United States government, or cash settlement in lieu 
thereof. 

42:2 Motor Vehicles. Amend RSA 262:1, XIII by striking out said 
paragraph and inserting in place thereof the following: XIII. No fee shall 
be charged for registering a motor vehicle owned by a veteran of world wars 
I or II, the Korean conflict, or the Vietnam conflict who, because of being 
an amputee, paraplegic or having suffered loss or use of a limb from a ser- 
vice connected cause, as certified by the United States veterans administra- 
tion, has received said motor vehicle from the United States government, or 
cash settlement in lieu thereof, and no fee shall be charged for registering a 
motor vehicle with special equipment which said amputee, paraplegic or 
disabled veteran may acquire to replace one received from the United States 
government. 

42:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

'[Approved May 4, 1970.] 
[[Effective date July 3, 1970.] 



1970] Chapter 43 107 

CHAPTER 43. 

AN ACT INCREASING THE APPROPRIATION FOR THE SOUTHWESTERN STATE PARK; 
PROVIDING APPROPRIATIONS FOR THE FLUME DISPOSAL SYSTEM, PURCHASE OF 

LAND ADJACENT TO THE ROBERT FROST HOMESTEAD, AND FOR THE MOUNT 

WASHINGTON COMMISSION; EXTENDING THE TIME FOR THE EXPENDITURE OF 

FUNDS FOR CERTAIN PARK PROJECTS; AND LAPSING THE BALANCE REMAINING 

IN THE PAWTUCKAWAY REIMBURSEMENT FUND. 

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

43:1 Additional Appropriation. Amend Laws of 1961, 263:5-a as in- 
serted by 1965, 281:22 and amended by 1967, 394:18 and 1969, 506:2 by 
striking out said section and inserting in place thereof the following: 263:5-a 
Additional Appropriations. In addition to the sums specified in section 
5 the following sums are appropriated for the purposes indicated: 

Southwestern state park $1,500,000 

Cannon mountain project 800,000 

Connecticut lakes study 25,000 

Rye harbor project 7,000 

Shelburne basin project 10,000 

Sunapee ski lift 500,000 

Ossipee lake 400,000 

Planning 250,000 

Flume disposal system 47,223 

Total $3,539,223 

Less: Federal funds 1,769,612 



$1,769,611 
Additional state funds 163,000 

Robert Frost Homestead, land 38,000 



$1,970,611 

The appropriation for each of the above individually specified projects 
may not be expended unless participating federal funds are available for that 
specific project, provided that of the appropriation for additional state funds 
in the amount of $163,000, $125,000 may be used for any expenses for the 
above programs for which federal funds are not available and the remaining 
$38,000 shall be expended by the Mount Washington commission to carry 
out its duties pursuant to Laws of 1969, chapter 427. 

The individual project appropriations as provided above shall not be 
transferred or expended for any other purpose; provided however, that the 
governor and council may transfer any balance remaining after completion 
of any individual project to other projects within the same section. 

The appropriation provided by this section shall be available for ex- 
penditure until June 30, 1972. 

43:2 Bonds or Notes Authorized. Amend Laws of 1961, 263:6 as amen- 
ded by 1965, 281:23 and 1967, 394:19 by striking out the same and inserting 



108 Chapter 44 [1970 

in place thereof the following: 263:6 Bonds or Notes Authorized. For the 

purpose of providing funds necessary for the appropriations made by sec- 
tions 5 and 5-a, the state treasurer is hereby authorized, under the direction 
of the governor and council, to borrow on the credit of the state from time 
to time, a total of ten million, nine hundred seventy thousand, six hundred 
eleven dollars for the purpose of carrying into effect the provisions hereof 
and for that purpose may issue bonds or notes in the name and on behalf 
of the state of New Hampshire at a rate of interest to be determined by the 
governor and council. The maturity date of such bonds or notes shall be 
determined in each case by the governor and council but in no case shall 
they be later than 1990. 

43:3 Lapse of Pawtuckaway Reimbursement Fund. The entire so- 
called Pawtuckaway reimbursement fund, which was placed in escrow with 
the state treasurer by the governor and council on December 29, 1969, in 
the approximate amount of $184,264, plus interest, is hereby lapsed into the 
general funds of the state. 

43:4 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 44. 

AN ACT INCREASING THE SALARIES OF CLASSIFIED EMPLOYEES, TEMPORARY AND 
SEASONAL EMPLOYEES AND MAKING AN APPROPRIATION THEREFOR; MAKING AN 
APPROPRIATION FOR SALARY INCREASES OF NONACADEMIC EMPLOYEES AT UNH; 
REQUIRING APPROVAL OF THE FISCAL COMMITTEE FOR SALARY ADJUSTMENTS OF 
UNCLASSIFIED OR CLASSIFIED EMPLOYEES; PROVIDING FOR A STUDY OF 
COST-OF-LIVING INCREASES OF STATE EMPLOYEES BY THE SALARY STUDY 

COMMITTEE. 

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

44:1 Salaries Increased. Amend RSA 99:1 (supp) as amended by 1957, 
274:1; 1961, 221:1; 1965, 73:1; 1967, 353:1; 1969, 500:1 by striking out said 
section and inserting in place thereof the following: 99:1 Salaries Estab- 
lished. The salary ranges for all classified employees shall be established 
retroactive to April 3, 1970 as follows: 



Salary 












Grade 


Minimum 


Step 1 


Step 2 


Step 3 


Maximum 


1 


4005.82 


4122.56 


4238.26 


4355.00 


4470.44 


2 


4112.68 


4228.64 


4344.08 


4459.52 


4575.22 


3 


4218.76 


4334.20 


4448.60 


4564.04 


4679.74 


4 


4287.14 


4436.90 


4589.52 


4768.66 


4958.98 


5 


4429.36 


4620.46 


4839.64 


5058.82 


5278.00 


6 


4604.08 


4823.26 


5042.70 


5261.88 


5481.06 



4836.00 5090.02 5344.30 5598.06 5852.08 



1970] 




Chapter 44 




10< 


8 


5039.06 


5293.08 


5553.08 


5801.12 


6055.14 


9 


5241.86 


5496.14 


5750.16 


6004.18 


6258.20 


10 


5450.64 


5699.20 


5953.22 


6212.44 


6553.56 


11 


5647.98 


5902.26 


6166.68 


6544.98 


6922.76 


12 


5943.60 


6299.80 


6656.00 


7012.20 


7368.40 


13 


6133.40 


6531.20 


6934.20 


7334.60 


7735.00 


14 


6528.60 


6944.60 


7360.60 


7776.60 


8192.60 


15 


6890.00 


7321.60 


7753.20 


8187.40 


8619.00 


16 


7129.20 


7579.00 


8028.80 


8476.00 


8928.40 


17 


7371.00 


7839.00 


8304.40 


8769.80 


9235.20 


18 


7724.60 


8218.60 


8712.60 


9206.60 


9700.60 


19 


8078.20 


8598.20 


9120.80 


9643.40 


10163.40 


20 


8444.80 


8967.40 


9492.60 


10017.80 


10543.00 


21 


8811.40 


9339.20 


9867.00 


10392.20 


10920.00 


22 


9284.60 


9893.00 


10501.40 


11107.20 


11718.20 


23 


9755.20 


10387.00 


11018.80 


11648.00 


12282.40 


24 


10225.80 


10881.00 


11536.20 


12191.40 


12846.60 


25 


10998.00 


11707.80 


12415.00 


13122.20 


13832.00 


26 


11375.00 


12097.80 


12823.20 


13546.00 


14268.80 


27 


11752.00 


12490.40 


13228.80 


13967.20 


14708.20 


28 


12149.80 


12927.20 


13704.60 


14482.00 


15259.40 


29 


12550.20 


13364.00 


14180.40 


14994.20 


15810.60 


30 


12950.60 


13803.40 


14656.20 


15509.00 


16364.40 


31 


13928.20 


14814.80 


15704.00 


16590.60 


17479.80 


32 


14905.80 


15828.80 


16749.20 


17672.20 


18595.20 


33 


16094.00 


17110.60 


18127.20 


19141.20 


20157.80 


34 


17284.80 


18392.40 


19502.60 


20610.20 


21720.40 



44:2 Appropriations. Amend Laws of 1969, 500:3 by striking out said 
section and inserting in place thereof the following: 500:3 Appropriations. 
There are hereby appropriated for the fiscal year ending June 30, 1970 for 
the salary increases for classified state employees as provided for herein, the 
following sums: $2,078,932.00 from the general funds of the state, |1,233,- 
058.00 from highway funds, $114,200.00 from fish and game funds, $380,- 
846.00 from federal funds, $71,787.00 from self-sustaining funds and $52,- 
482.00 from recreation funds. For the fiscal year ending June 30 ,1971 there 
are hereby appropriated the following sums: $3,402,625.00 from general 
funds of the state, $1,939,133.00 from highway funds, $175,113.00 from fish 
and game funds, $595,437.00 from federal funds, $108,051.00 from self-sus- 
taining funds and $79,868.00 from recreation funds. 

44:3 Appropriations for Temporary and Seasonal. Amend the Laws of 
1969, 500:4 by striking out said section and inserting in place thereof the 
following: 500:4 Appropriations for Temporary and Seasonal. There is 
hereby appropriated for the fiscal year ending June 30, 1970 for the salary 
increases for temporary and seasonal employees as provided herein the fol- 
lowing sums: $130,087.00 from general funds of the state, $88,674.00 from 
highway funds, $14,919.00 from self-sustaining funds and $2,331.00 from 
fish and game funds. For fiscal year ending June 30, 1971 there are hereby 
appropriated for said salary increases the following sums: $208,141.00 from 
general funds of the state, $141,842.00 from highway funds, $23,872.00 from 
self-sustaining funds, and $3,732.00 from fish and game funds. 



110 Chapter 44 [1970 

44:4 Change in Date. Amend RSA 99:3 (supp) as amended by 1957, 
274:2; 1961, 221:2; 1965, 73:2; 1967, 353:4 and 1969, 500:5 by striking out 
said section and inserting in place thereof the following: 99:3 Increase in 
Salary. Classified employees of the state as of April 3, 1970 shall be placed 
in the corresponding steps in the new salary ranges as their length of service 
justifies and their annual salaries shall be in accordance with the salary 
scale set forth in RSA 99:1. The provisions hereof shall not be construed as 
affecting so-called longevity payments which shall be in addition to the 
regular salary scale. 

44:5 Repeal. RSA 99:l-a as inserted by 1969, 500:2 relative to establish- 
ing salary ranges commencing on June 26, 1970 is hereby repealed. 

44:6 Appropriations for Retirement and Oasi. There are hereby ap- 
propriated in addition to any other sums appropriated for retirement and 
OASI for fiscal 1970 and fiscal 1971 the following sums: 



General fund 
Highway fund 
Fish and Game fund 
Federal 
Self-sustaining 
Recreation 



44:7 University of New Hampshire. There is hereby appropriated 
for the fiscal year ending June 30, 1971 the sum of one hundred and forty- 
four thousand four hundred and thirty-nine dollars. The sum hereby appro- 
priated shall be used by the trustees of the vmiversity of New Hampshire to 
increase the salaries of the nonacademic employees on the following cam- 
puses and in the following amounts: University of New Hampshire $113,- 
754.00, Keene state college $14,749.00 and Plymouth state college $15,936.00. 
This appropriation shall not be transferred or expended for any other pur- 
pose. The governor is authorized to draw his warrant for this sum out of 
any money in the treasury not otherwise appropriated. 

44:8 Fiscal Committee; Unclassified Positions. Amend RSA 94:3-b 
(supp) as inserted by 1969, 500:15 by inserting in line three after the word 
"authority" the words (approved by the fiscal committee of the general 
court) so that said section as amended shall read as follows: 94:3-b Salary 
Adjustment for Recruitment or Retention. Notwithstanding any other 
provisions of law to the contrary, upon the request of an appointing author- 
ity approved by the fiscal committee of the general court, the governor and 
council is hereby authorized and empowered upon a finding by them that it 
is in the best interests of the state and is necessai^ in order to recruit and 
retain or recruit or retain qualified personnel to increase the salary ranges 
of unclassified positions. 

44:9 Fiscal Committee; Classified Positions. Amend RSA 98 by inserting 
after section 17-b the following section: 98:17-c Reclassificaton of Positions 



Fiscal 


Fiscal 


1970 


1971 


$50,250 


$24,750 


30,586 


10,405 


2,744 


716 


9,314 


3,297 


2,475 


11,700 


1,330 


423 


$96,699 


$51,291 



1970] Chapter 45 111 

or Increases Beyond The Grade 34. Any request for reclassification of posi- 
tion to a different class series as provided in R.SA 98:17-a or request to in- 
crease the salaries of a classified position beyond grade 34 as provided in 
RSA 99:8 shall require the approval of the fiscal committee of the general 
court before it is submitted to the governor and council for its approval. 

44:10 Study of Cost-of -Living Adjustments. The advisory committee 
established to study the salaries of state officials and employees by 1961, 
221:16 is hereby directed to study the problem of automatic salary adjust- 
ments for state officials and employees to provide them with cost-of-living 
adjustments. It shall include in its report due on or before December 1, 
1970 its findings and recommendations on this matter. 

44:11 Effective Date. Sections 1, 2, 3, 4, 5 shall take effect retroactive 
to April 3, 1970; sections 6, 7, 8, 9 and 10 shall take effect upon passage. 
[Approved May 4, 1970.] 

[Effective date: Sections 1, 2, 3, 4, and 5 effective April 3, 1970. Sections 6, 
7, 8, 9, and 10 effective May 4, 1970.] 



CHAPTER 45. 



AN ACT RELATIVE TO THE PURCHASE, SALE, STORAGE, LARCENY AND 

TRANSPORTATION OF EXPLOSIVES AND MAKING AN APPROPRIATION THEREFOR, 

AND FOR TAXIWAY FOR TWIN MOUNTAIN AIRPORT. 

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

45:1 Purchase, Sale, Transportation. Amend RSA 158 by inserting 
after section 9 the following new subdivision: 

License to Purchase, Store, and Transport 
158:9-a Acts Unlawful. 

I. No person shall purchase, store, or transport or attempt to purchase, 
store or transport any high explosive without first obtaining a license there- 
fore as provided in RSA 158:9-b. 

II. No person shall sell any high explosive to another unless the pur- 
chaser exhibits a license to purchase obtained as provided in in RSA 158:9-b. 
In such case, the seller shall record the name and address of the purchaser, 
the license number, the date of the sale, the type and quantity of explosive 
sold, the serial number of said explosive, if any, and the purpose for which 
it is to be used. Said record shall be kept by the seller for a period of two 
years. 

III. No person shall store or keep any high explosive unless such ex- 
plosive is stored or kept under lock and key or in a safe, secure place. 

IV. Notwithstanding the provisions of paragraph I, any employee of 
any person, firm, corporation or association whose usual business requires 
the use of any high explosive may transport the same in the course of his 
employment if the employer has obtained a license in its name as provided 
in RSA 158:9-b. 



112 Chapter 45 [1970 

V. Notwithstanding the provisions of paragraph 11, any employee of 
any person, firm, corporation or association whose usual business requires' 
the use of any high explosive may purchase the same in the name of his 
employer if said employer has obtained a license in its name as provided in 
RSA 158:9-b. In such case, the seller shall record the name, address and 
license number of the employer, the name and address of the employee, the 
date of the sale, the type and quantity of explosive, the serial number of the 
explosive sold, if any, and the purpose for which it is to be used. Said record 
shall be kept by the seller for a period of two years. 

VI. For the purposes of this section, the term "high explosive" shall 
mean and include dynamite, any explosive compound of which nitroglycerin 
forms a part, fulminate in bulk or dry condition, blasting caps, detonating 
fuses, blasting powder or other similar explosive but shall not include black 
powder used in sporting rifles. 

158:9-b Application. The selectmen of a town or the mayor or chief 
of police of a city, or some full-time police officer designated by them re- 
spectively, 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 
store, purchase and transport explosives in this state for not more than one 
year from the date of issue, if it appears that the applicant has any proper 
purpose and that the applicant is a suitable person to be licensed. The li- 
cense 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 preserved by the person issuing the same 
for three years. The license shall be issued within seven days after applica- 
tion therefor, and, if such application is denied, the reasons for such denial 
shall be stated in writing, in duplicate, the original of which shall be de- 
livered to the applicant, and the copy therof kept in the office of the person 
to whom application was made. 

158:9-0 Fees and Disposition. 

I. The fee for licenses issued to residents of the state shall be two dollars, 
which fee shall be for the use of the law enforcement department of the 
town or city granting such licenses. 

II. The fee for licenses issued to non-residents shall be four dollars, 
which fee shall be deposited as unrestricted general fund revenue. 

158:9-d License Forms. The director of state police is hereby author- 
ized and directed to prepare forms for the licenses required by RSA 158:9-a 
and to supply the same to the officials of the cities and towns authorized to 
issue said licenses. The cost of said forms shall be paid out of the fees re- 
ceived from nonresident licenses. 

158:9-e Penalties. 

I. Any person convicted of violating the provisions of RSA 158:9-a, I 
and II shall be fined not more than one thousand dollars or imprisoned not 
more than five years, or both. 

II. Any person convicted of violating the provisions of RSA 159:9-a, III 
shall be fined not more than five hundred dollars or imprisoned not more 
than one year, or both. 



1970] Chapter 46 113 

III. Any person convicted of larceny of any high explosive as defined in 
158:9-a, VI shall be fined not more than one thousand dollars or imprisoned 
not more than five years or both. 

45^2 Appropriation. There is hereby appropriated the sum of five 
hundred dollars to be expended by the director of state police for the initial 
cost of the forms required by RSA 158:9-d. The governor is authorized to 
draw his warrant for said sum out of any money in the treasury not other- 
wise appropriated. 

45:3 Special Appropriation. The sum of two thousand dollars is hereby 
appropriated to be expended by the aeronautics commission for taxiway 
construction at the Twin Mountain Airport provided the same amount is 
made available for the same purpose from local funds. The state appropria- 
tion hereunder shall be deemed to be a part of the appropriation for capital 
improvements under 1969, 505:1, III and the bond issue provided by 1969, 
505:8 shall be increased by the amount of this additional appropriation, 
namely two thousand dollars. 

45:4 Effective Date. RSA 158:9-a as inserted by section 1 of this act 
shall take effect July 1, 1970 and the remainder of this act shall take effect 
upon its passage. 
[Approved May 4, 1970.] 

[Effective date: RSA 158:9-a as inserted by section 1 shall take effect July 1, 
1970, and the remainder of this act shall take effect May 4, 1970.] 



CHAPTER 46. 

AN ACT RELATIVE TO THE GOVERNOR'S OFFICE STAFF, EMPLOYMENT OF A COUNSEL. 

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

46:1 Staff. Amend RSA 4:12 by striking out the same and inserting in 
place thereof the following: 4:12 Governor's Staff. The governor may 
appoint such staff, including but not limited to legal counsel, professional 
persons, consultants, assistants, secretaries, stenographers, and clerks, as he 
shall need who shall render such services as the governor may require of 
them. He shall fix their compensation within the limts of the appropriation 
made therefor, provided however that the annual compensation of the 
legal counsel shall not exceed nineteen thousand thirty-two dollars. The 
limitation placed upon the salary of the legal counsel shall not be construed 
to make the person filling said office an unclassified employee but he shall 
be in the same status as all other employees of the governor's office. 

46:2 Repeal. RSA 4:13 relative to gubernatorial secretaries and clerical 
assistants is hereby repealed. 

46:3 Effective Date. This act shall take effect July 1, 1970. 
[Approved May 4, 1970.] 
[Effective date July 1, 1970.] 



114 Chapter 47 [1970 

CHAPTER 47. 

AN ACT RELATIVE TO THE DEPARTMENT OF CENTRALIZED DATA PROCESSING. 

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

47:1 Powers of Department. Amend RSA 8-C:l (supp) as inserted by 
1967, 253:1 by striking out the same and inserting in place thereof the 
following: 

8-C:l Department Established — Purposes and Powers. There is here- 
by created the department of centralized data processing. It shall have the 
purposes and powers to: 

I. establish and operate a central data processing agency to serve all 
other departments and agencies of the state; 

II. to provide more efficient, expeditious, timely, and complete han- 
dling of needed and essential data, and to that end shall: 

(a) establish automated data processing procedures and facilities; 

(b) formulate a current and long-range data processing plan through 
studies of the needs of state agencies for data processing services and rec- 
ommend priorities for the implementation of programs; 

(c) administer state data processing centers; 

(d) advise the state personnel board on qualifications and wage stan- 
dards for data processing personnel; 

(e) establish which of the state's data processing facilities or equip- 
ment shall be used for specific data processing services and recommend and 
approve the location and equipment and construction and equipping of all 
data processing facilities; 

(f) establish standards governing the choice of state data processing 
equipment; 

(g) prescribe standards governing data processing systems work, pro- 
gramming methods, and the form of input data where data is processed by 
the department; 

(h) advise the governor and legislature on data processing matters; 

(i) perform data processing services for agencies of the state; 

(j) other provisions of law notwithstanding, give prior approval to any 
rentals, purchases, programming costs, inter-departmental and/or regional 
agreements or consulting fees relative to data processing; and 

(k) perform such other acts as may be required for the effective per- 
formance of the department's duties. 

47:2 Powers of Director. Amend RSA 8-C:7 (supp) as inserted by 1967, 
253:1 by striking out the last sentence thereof so that said section as amended 
shall read as follows: 8-C:7 Powers and Duties of the Director. The di- 
rector shall have the power to organize, establish, and operate the depart- 
ment and employ necessary personnel for the purposes thereof, including, 
with the approval of governor and council, the employment of consultants 



1970] Chapter 47 115 

and the power to make contracts with qualified persons to carry out specific 
projects relative to the operation of the department. 

47:3 Authority Clarified. Amend RSA 8:13-a (supp) as inserted by 
1967, 253:4 by striking out the same and inserting in place thereof the fol- 
lowing: 8:13-a Data Processing. The director of accounts 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 on data processing equipment established and 
approved by the director of data processing and in the form and employing 
such forms and methods of processing the data, as approved by the director 
of data processing, that will make use of the most advanced and economical 
techniques applicable to available equipment. 

47:4 Federal Rules. Amend RSA 8-C (supp) as inserted by 1967, 258:1 
by inserting after section 9 the following new section: 8-C: 10 Federal Ex- 
ceptions. If any department or agency of the state is advised by the federal 
government that its data processing equipment or its forms, methods or 
techniques in utilizing said equipment does not comply with any federal 
rule, regulation or law, then the governor and council may authorize the 
department or agency to alter its data processing equipment or its forms, 
methods or techniques to comply with any such rule, regulation or law. 
Automated data processing facilities and equipment of any department or 
agency of the state paid for completely by federal funds shall be utilized to 
the fullest extent permitted by federal rule, regulation, or law for the general 
benefit of the state for applications not in conflict with other provisions of 
this chapter, and all data in said equipment which by federal rule, regula- 
tion or law must not be kept confidential shall be made available by any 
such department or agency to all state agencies including the department 
of centralized data processing, to the maximum extent permitted by federal 
rule, regulation or law in a form approved by the department of centralized 
data processing except that in the case of the department of employment 
security such form shall be approved jointly by the department of central- 
ized data processing and the department of employment security. Any dis- 
pute arising between any such department or agency and any other state 
agency as to the utilization requested by the department of centralized data 
processing of said facilities, equipment and data shall be resolved by the 
governor. 

47:5 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



116 Chapter 48 [1970 

CHAPTER 48. 

AN ACT TO REGULATE THE SALE OF HYPODERMIC SYRINGES, NEEDLES OR LIKE 

INSTRUMENTS, MAKING THE POSSESSION OF A POUND OF MARIJUANA A FELONY, 

AND RELATIVE TO THE SESSIONS, CLERK, ENTRY FEES, AND REPORTS OF THE 

SUPREME COURT. 

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

48:1 Sale of Hypodermic and Like Instruments. Amend RSA 318:52 
by striking out the same and inserting in place thereof the following: 

318:52 Hypodermics. Hypodermic syringes, needles or any instrument 
adapted for the administration of controlled drugs by injection shall not 
be sold except in registered drug stores. The pharmacist shall keep a record 
of: 

I. Name and address of the purchase, 

II. Date of purchase, 

III. A description of the instrument and the number of instruments 
purchased. 

IV. The information contained in paragraphs I, II and III shall be at 
all times open to inspection by the division of public health in the depart- 
ment of health and welfare. 

48:2 Destruction Required. Amend RSA by inserting after 318:52-a 
the following new section: 

318:52-b Destruction of Used Instruments. It shall be unlawful for 
any possessor of a hypodermic syringe, needle, or any instrument adapted 
for the administration of controlled drugs to dispose of or discard any 
such instrument without first making the instrument inoperable for further 
use. 

48:3 Penalties. Amend RSA 318-B:26 (supp) as inserted by 1969, 421:1 
by inserting after paragraph I (b) the following new paragraph: (c) pos- 
sesses or has under his control, one pound or more of any cannabis-type drug, 
shall for a first offense be imprisoned not more than five years, or fined not 
more than two thousand dollars, or both, and for each subsequent offense 
be imprisoned for not more than ten years, or fined not more than five 
thousand dollars, or both. 

48:4 Supreme Court. Amend RSA 490:6 by striking out said section and 
inserting in place thereof the following: 490:6 Sessions. There shall be one 
general term of the supreme court in each year, to be held in Concord, and 
the justices, unless they shall order otherwise, shall be in attendance on the 
first Tuesday of the months of January, February, March, April, May, June, 
September, October, November, and December, for the purpose of hearing 
arguments, making orders, rendering decisions and filing opinions. 

48:5 Clerk. Amend RSA 490:19 by striking out said section and insert- 
ing in place thereof the following: 490:19 Clerk. The court shall appoint a 
clerk, who shall be removable at pleasure. He shall perform all the duties 
herein specifically required of him and such other duties as usually apper- 



1970] Chapter 40 117 

tain to that office. He shall give bond to the state in such sum as the court 
shall direct, conditioned for the faithful performance of his duties. His 
salary, as prescribed by statute, shall be in full compensation for the per- 
formance of all duties as clerk. 

48:6 Distribution to General Fund. Amend RSA 490:24 by striking out 
the same and inserting in place thereof the following: 490:24 Entry Fees. 
For the benefit of the general fund of the state, there shall be paid to the 
clerk for the entry of every reserved case, bill of exceptions, petition, ap- 
peal, or other action, for the filing of every motion or other document sup- 
plementary to the entered case, and for any service rendered by the clerk, 
such fees as shall from time to time be established by the court. 

48:7 Reporter. Amend RSA 505:12 by striking out the same and in- 
serting in place thereof the following: 505:12 Salary. The annual salary 
of the reporter, as prescribed by statute, shall be in full compensation for 
the performance of all duties as reporter. 

48:8 Establishment of Fees. Amend RSA 505 by inserting after section 
12 the following new section: 505:13 Fees. For the benefit of the general 
fund of the state, there shall be paid to the reporter for any service ren- 
dered by the reporter, such fees as shall from time to time be established 
by the court. 

48:9 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved May 4, 1970.] 
[Effective date July 3, 1970,] 



CHAPTER 49. 



AN ACT RELATIVE TO THE REAL ESTATE COMMISSION AND MAKING AN 
APPROPRIATION THEREFOR. 

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

49:1 Compensation. Amend RSA 331-A:l-a (supp) as inserted by 
1967, 329:1 and amended by 1969, 461:1 by striking out in lines eleven and 
f^velve the words "serve without compensation, but shall be paid the expenses 
necessarily" and inserting in place thereof the words (receive twenty-five 
dollars for each day actually engaged in the duties of the office, and shall be 
reimbursed for all actual traveling) so that said section as amended shall 
read as follows: 331-A:l-a Commission, Appointments, Terms, Compensa- 
tion. The New Hampshire Real Estate Commission, hereinafter called the 
commission, is hereby created, whose duty it shall be to administer the pro- 
visions of this chapter. The commission shall consist of five members who 
shall be appointed and may be for cause removed by the governor, with the 
advice and consent of the council. Each member of the commission shall 
serve for a term of five years and until his successor is duly appointed, pro- 
vided that the first appointments shall be for one, two, three, four and five 



118 Chapter 49 [1970 

years. Any vacancy shall be filled by appointment for the unexpired term. 
The commission shall select one from its number to be chairman. Each 
member of the commission shall receive twenty-five dollars for each day 
actually engaged in the duties of the office, and shall be reimbursed for all 
actual traveling incurred by him in the discharge of his official duties. 
Henceforth, whenever the statutes refer to the New Hampshire Real Estate 
Board, it shall mean the commission established herein. 

49:2 Qualifications. Amend RSA 331-A:l-b (supp) as inserted by 1967, 
329:1 and amended by 1969, 461:3 by striking out said section and inserting 
in place thereof the following: 331-A:l-b Qualifications. Each member of 
the commission shall be a citizen of the United States and a resident of this 
state for at least six years prior to his appointment. At least one member 
shall be an attorney-at-law, and no more than three members shall be real 
estate brokers whose vocation shall have been that of a real estate broker. 

49:3 Examination Required. Amend RSA 331-A:4-a (supp) as inserted 
by 1963, 269:2 and amended by 1967, 329:3 and 1969, 461:6 by striking out 
in line two after the word "any" the word "resident", by striking out in line 
seven after the words "given to" the word "resident" and by striking out in 
lines nine, ten, and eleven the words "A similar examination shall be re- 
quired of non-residents unless they have qualified in the state of their 
residence by passing such an examination" so that said section as amended 
shall read as follows: 331-A:4-a Examination. The commission shall not 
issue an original salesman's or broker's license to any applicant therefor 
unless and until such applicant shall have satisfactorily passed a reasonable 
written examination as to his qualifications to act as such broker or sales- 
man. The examination shall be in such form as may be prescribed by the 
commission and shall be administered by the commission which shall cause 
the examination to be given to applicants at least four times annually. The 
commission is authorized to publish and distribute printed material indicat- 
ing the scope of the examination and suggested sources of study. A fee of 
fifteen dollars shall be paid for each examination. The commission is au- 
thorized to expend from its receipts for examination fees the sum of five 
dollars per applicant taking the examination for the purpose of engaging 
a qualified testing service to be selected by the commission to prepare, struc- 
ture, administer and conduct the examination under the direction of the 
commission. The commission shall noify each applicant who takes said 
examination the results thereof within thirty days of the examination. 

49:4 Qualifications for Examination. Amend RSA 331-A:4-c, IV as 
inserted by 1969, 461:8 by striking out said paragraph and inserting in place 
thereof the following: IV. No application to take the examination for a 
broker's license shall be accepted unless the applicant shall have served at 
least one year as a licensed real estate salesman in this state or another state, 
or shall have furnished to the commission proof of experience equivalent 
thereto. 

49:5 Special Fund. Amend RSA 331-A:5 (supp) as amended by 1959, 
222:1; 1965, 319:3; and 1969, 461:11 by striking out said section and insert- 
ing in place thereof the following: 



1970] Chapter 49 119 

331-A:5 Fees. The following fees shall be charged and collected by the 
commission and shall be paid into the general fund of the state treasury: 

I. For each original broker's license a fee of twenty-five dollars, and 
for each biennial renewal thereof, a fee of twenty dollars. 

II. For each original salesman's license a fee of fifteen dollars, and for 
each biennial renewal thereof, a fee of ten dollars. 

III. For each duplicate license, a fee of three dollars. 

IV. For each license amendment a fee of three dollars, and for each 
certificate showing whether a person has been licensed as a broker or sales- 
man a fee of one dollar. 

V. For each check returned for insufficient funds or any other reason 
a service charge of three dollars. 

49:6 Biennial Renewal. Amend RSA 331-A:5-a (supp) as inserted by 
1963, 269:1 and amended by 1969, 461:12 by striking out in line two the 
Av^ord "annual" and inserting in place thereof the word (biennial) and by 
striking out in line three the word "annual" and inserting in place thereof 
the word (biennial) so that said section as amended shall read as follows: 
331-A:5-a Lapse of License. If any licensee under this chapter shall permit 
his biennial license to lapse for a period of thirty days after its expiration 
by failure to renew his biennial license during such period, his license shall 
be deemed to have lapsed; and such person thereafter may obtain a license' 
only by qualifying anew as an original licensee must do and paying the 
required fee for an original license; provided, however, that the commission 
may renew any license after it has lapsed for good cause shown. Approxi- 
mately thirty days before the expiration of each license, the commission 
shall notify each licensee of this fact by mail, enclosing also a renewal blank. 

49:7 Nonresidents Qualifications. Amend RSA 331-A:6 (supp) as 
amended by 1959, 222:1 and 1969, 461:14 by striking out said section and 
inserting in place thereof the following: 331-A:6 Nonresidents. A non- 
resident of this state may become a real estate broker or a real estate sales- 
man in this state by conforming to all of the conditions of this chapter 
applicable to residents of this state, providing he has held a license in his 
own state as such broker or salesman for at least one year preceding the date 
of his application in this state and maintains a fixed and definite place of 
business in his own state. On making application such nonresidents may 
substitute for the required affidavits, proof that they are licensed brokers or 
salesmen in another state, and shall file an irrevocable consent and power 
providing that legal actions may be commenced against him in the proper 
court of any county of this state in which a cause of action may arise or in 
which the plaintiff may reside, by service of process or pleading authorized 
by the laws of this state, on a member of the commission or its executive 
director, the consent or power stipulating that such service of process or 
pleading shall be taken in all courts to be valid and binding as if personal 
service had been made upon the nonresident in this state. 

49:8 Transcript. Amend RSA 331-A:7 (supp) as amended by 1959, 
222:1; 1961, 213:2; and 1969, 461:17 by inserting in line twenty-two after 
the word "appropriated" the words (The commission is authorized to 



120 Chapter 49 [1970 

charge the broker or salesman a reasonable fee for any copies of said tran- 
script furnished him) so that said section as amended shall read as follows: 
331-A:7 Suspension or Revocation of License. Full power to revoke or sus- 
pend licenses granted under the provisions of this chapter shall be vested 
in the commission subject to the provisions of review by the superior court 
upon seasonable appeal as set forth in this provision. The commission may, 
upon complaint or upon its own motion, after reasonable notice of the 
charges in writing and a hearing thereon, revoke the license of any broker 
or salesman, or suspend such license for such period as may be just upon 
finding that such licensee has been guilty of any unlawful, dishonest, de- 
ceitful or fraudulent conduct in connection with his business as such broker 
or salesman. The commission shall give the licensee at least fourteen days' 
written notice, prior to the date of hearing, of the charges to be heard by 
it, and shall afford such licensee an opportunity to be heard in person or by 
counsel in reference thereto. The hearings on such charges shall be at such 
time and place as the commission shall prescribe. The commission shall have 
the power to subpoena and bring before it any person or any relevant 
records or documents in this state or to take testimony by deposition, in the 
same manner as is prescribed by law in judicial proceedings. Said com- 
mission shall keep a complete stenographic record of its proceedings in 
such cases. For this purpose the commission is authorized to employ a tem- 
porary reporter and fix his compensation and the governor is authorized to 
draw his warrant for said sums out of any money in the treasury not other- 
wise appropriated. The commission is authorized to charge the broker or 
salesman a reasonable fee for any copies of said transcript furnished him. 
Sheriffs and witnesses shall receive the same fees for the service of process 
and attendance before the commission as are paid sheriffs and witnesses in 
matters pending before the superior court. The determinations of the com- 
mission shall be in writing and officially signed by the chairman, or acting 
chairman. The original of such determinations, when so signed, shall be 
filed in the office of the commission and copies thereof shall be mailed to 
the broker or salesman, addressed to his place of business, and to the com- 
plainant, if any, within two days after filing thereof. The action of the com- 
mission in revoking or suspending a license shall be subject to appeal to the 
superior court at the instance of the licensee, within thirty days after the 
filing of the commission's decision. An appeal shall suspend the commission's 
decision. The appeal shall be tried in the superior court de novo without 
jury. The superior court may affirm, reverse, or modify the commission's 
decision, as justice may require. 

49:9 Appropriation. There is hereby appropriated the sum of three 
hundred seventy five dollars for fiscal year 1970 and the sum of fifteen hun- 
dred dollars for fiscal year 1971, to be expended by the real estate commis- 
sion for the purposes of per diem compensation for members thereof. This 
appropriation shall be in addition to all other appropriations for the real 
estate commission. The governor is authorized to draw his warrants for said 
sums which shall be a charge against the real estate licensing fund. 

49:10 Special License. Whereas, Helen M. Foss has given many years 
of dedicated service to the State of New Hampshire, and whereas, the legisla- 
ture finds that she is well qualified in the field of real estate as exhibited by 



1970] Chapter 50 121 

her many years as executive director of the real estate commission, and not- 
withstanding the provisions of RSA 331-A:4-a, the New Hampshire real 
estate commission is hereby authorized to issue a real estate broker's license 
to the said Helen M. Foss without examination. 

49:11 Discretionary Licenses. Amend RSA 331-A (supp) by inserting 
after section 8-a the following new section: 331-A:9 Discretionary License. 

The commission is authorized and empowered on a finding by it that a 
person is in its opinion fully qualified and that it would carry out the pur- 
pose and intent of this chapter and that it would be in the public interest 
to waive examination requirements, to issue a broker or salesman license to 
an applicant who is so qualified. 

49:12 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 50. 



AN ACT PROVIDING FOR A TEN PERCENT CHARGE ON COLLECTIONS MADE BY 
THE PROBATION DEPARTMENT ON ARREARAGE PAYMENTS. 

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

50:1 Repeal. The notes to the appropriations for the board of proba- 
tion in Laws of 1969, 367:4 and Laws of 1969, 368:4 relative to five percent of 
monthly collections being transferred to the general fund are hereby re- 
pealed. 

50:2 Collection of Service Charge. Amend RSA 504 by inserting after 
section 17 the following new section: 504:18 Service Charge for Collections. 

To all of the collections of arrearages made by the board of probation pur- 
suant to a capias writ shall be added a service charge of ten percent. The 
monies collected pursuant to such service charge shall be forwarded by the 
tenth of the following month for deposit as general fund unrestricted 
revenue. 

50:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



122 Chapter 51 [1970 

CHAPTER 51. 

AN ACT PERMITTING A SCHOOL DISTRICT TO PROVIDE CHILD BENEFIT SERVICES 

TO PUPILS IN PUBLIC AND NONPUBLIC SCHOOLS; PROVIDING FOR STATE GRANTS TO 

DISTRICTS HAVING DUAL ENROLLMENT, OR CHILD BENEFIT SERVICES; PROVIDING 

FOR STATE GUARANTEES OF BUILDING COSTS TO DISTRICTS HAVING DUAL ENROLL- 

MENT OR WHOSE ENROLLMENT IN PUBLIC SCHOOLS HAS INCREASED BY AT LEAST 

TEN PERCENT OR MORE IN ANY ONE YEAR; INCREASING THE STATE GUARANTEE OF 

BUILDING COSTS TO COOPERATIVE SCHOOL DISTRICTS; CONTINUING THE NON- 
PUBLIC SCHOOL STUDY COMMISSION; AND MAKING APPROPRIATIONS FOR ALL THE 

ABOVE. 

Whereas, it is the policy of the state that all elementary and secondary 
school children should have available to them equal opportunity for a qual- 
ity education, and 

Whereas, it is recognized that in many areas of the state nonpublic 
schools have traditionally provided such quality education, and 

Whereas, it is therefore essential that money and assistance be pro- 
vided by the state to those districts where nonpublic schools may close and 
to those where dual enrollment is approved. 

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

51:1 School Boards. Amend RSA 189 by inserting after section 48 
(supp) the following new subdivision: 

Child Benefit Services 

189:49 Optional Services. The school board of any school district 
may provide the following child benefit services for pupils in each public 
and nonpublic school in the district: 

I. School physician services under the provisions of RSA 200:15-25. 

II. School nurse services. 

III. School health services. 

IV. School guidance and psychologist services. 

V. Educational testing services. 

189:50 Appropriations. A town may raise and appropriate money to 
carry the provisions of this subdivision into effect. 

51:2 Dual Enrollment Grants. Amend RSA by inserting after RSA 
198:20 the following new subdivision: 

Dual Enrollment Grants 
198:21 Grants. 

I. Any school district which has in operation an approved dual enroll- 
ment agreement under the provisions of RSA 193: 1-a shall be granted for 
the first school year that such agreement is in operation the full operational 
costs of implementing such agreement, exclusive of any part of the cost and 
carrying charges of any capital improvements; and for the next succeeding 
school year, if such operation is then continued, one half of such costs. 



1970] Chapter 51 123 

II. Application for any such grant shall be submitted by a district to 
the state board of education no later than the July first preceding the start 
of the school year for which it shall be applicable, provided that the board 
may, for good cause shown, accept any such application up to but no later 
than the start of the applicable school year. 

III. The board shall determine what costs shall be allowed in comput- 
ing the amount of any grant, and shall make payments of such grants from 
the funds appropriated therefor, 

IV. In the event that for any year insufficient sums are available to pay 
grants in full as provided by this section to all qualified applying school 
districts the state board of education shall prorate such grants so that all 
such districts receive the same proportion. 

V. No pupil counted by any school district for the purpose of calculat- 
ing the amount of a grant to be paid pursuant to this section shall for the 
same school year by the same district be included in average daily member- 
ship for the purposes of foundation aid or counted for the purposes of 
grants pursuant to RSA 198:22. 

51:3 Appropriation; Dual Enrollment. There is hereby appropriated 
the sum of six hundred thousand dollars for the purposes of section 2 of 
this act. This sum shall lapse on June 30, 1972.* The governor is authorized 
to draw his warrant for said sum out of any money in the treasury not other- 
wise appropriated. 

*This section was amended by 1970, 56:28. 

51:4 Service Grants. Amend RSA by inserting after RSA 198:21 as 
inserted by section 2 of this act the following new subdivision: 

Child Benefit Service Grants 
198:22 Grants. 

I. Any school district which is providing any child benefit service pur- 
suant to the authority of RSA 189:49 and 50 shall be granted the following 
proportion of the costs, exclusive of any part of the cost and carrying charges 
of any capital improvements, of providing such service to any student who 
regularly attends a nonpublic school within the district for more than one 
half each school day: 

(a) Not more than seventy percent of such cost of any such service. 

II. Application for any grant provided for in paragraph I shall be 
submitted by a district to the state board of education no later than the 
August first following the end of the school year for which it shall be ap- 
plicable. 

III. The board shall determine what costs shall be allowed in comput- 
ing and the amount of any grant, and shall make payments of such grants 
from the funds appropriated therefor. 

IV. In the event that for any year insufficient sums are available to pay 
grants in full as provided by this section to all qualified applying school 
districts the state board of education shall prorate such grants so that all 
such districts receive the same proportion thereof. 



124 Chapter 51 [1970 

V. No pupil counted by any school for the purpose of calculating the 
amount of a grant to be paid pursuant to this section shall for the same 
school year by the same district be included in average daily membership 
for the purposes of foundation aid or counted for the purpose of grants 
pursuant to RSA 198:21. 

51:5 Appropriation; Services. There is hereby appropriated the sum 
of seven hundred thousand dollars for the purposes of section 4 of this act. 
This sum shall lapse on June 30, 1972.* The governor is authorized to draw 
his warrant for said sum out of any money in the treasury not otherwise 
appropriated. 

*This section was amended by 1970, 56:28. 

51:6 Transfer of Appropriations. The state board of education may 
transfer any money appropriated by sections 3 and 5 of this act from the 
section by which it is appropriated to the other of said sections and such 
transfer shall constitute an appropriation of any such transferred sum for 
the purposes of the section to which it is transferred. 

51:7 Enlarging Duties of the School Building Authority. Amend RSA 
195-C:1, II (supp) as inserted by 1967, 154:1 by striking out the same and 
inserting in place thereof the following: II. It shall be the duty of the au- 
thority to consider and investigate all appHcations of: (a) receiving dis- 
tricts under area schol plans (RSA 195-A) , (b) cooperative school districts 
(RSA 195) , (c) a school district which has in operation or which plans to 
put in operation for the next school year an approved dual enrollment 
agreement under the provisions of RSA 193: 1-a, and (d) a school district 
which the state board of education has certified has had an increase in the 
enrollment in its public schools of ten percent or more in any one year, for 
awards of state guarantees with respect to borrowings authorized by such 
districts for school projects involving the construction, enlargement or altera- 
tion of school buildings, and to make 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 rec- 
ommendation 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 comparison 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. 

51:8 State Guarantee. Amend RSA 195-C:2 (supp) as inserted by 1967, 
154:1 by striking out in line three the words "or cooperative school district" 
and inserting in place thereof the following (cooperative school district, 
dual enrollment district, or district whose enrollment has increased ten 
percent or more in any one year) so that said section as amended shall read 
as follows: 195-C:2 State Guarantee. Upon the receipt of a report from 
the authority containing a recommendation that bonds or notes of a receiv- 



1970] Chapter 51 125 

ing district, cooperative school district, dual enrollment district, or district 
whose enrollment has increased ten percent or more in any one year 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 accordance 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 out- 
standing 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 
exceed twenty million dollars. The governor, with the advice and consent of 
the council, is authorized to draw his warrant on the state treasurer from 
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. 

51:9 Split Issue Limitation. Amend RSA 195-C:3 (supp) as inserted by 
1967, 154:1 by striking out in lines ten and eleven the words "guaranteed 
portion of the total authorized borrowing shall not exceed one half" and 
inserting in place thereof the following (dual enrollment district, or district 
^\•hose enrollment has increased ten percent or more in any one year the 
guaranteed portion of the total authorized borrowing shall not exceed sev- 
enty-five percent thereof) ; by striking out in line twenty-one the words "the 
percentage of"; and by striking out in line twenty-three the words "the per- 
centage of" and inserting in place thereof the words (three times) so that 
said section as amended shall read as follows: 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 au- 
thorized borrowing, and such guarantee shall be applicable with respect to 
that amount of the bonds or notes and 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 attri- 
butable 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, dual enrollment district, or district whose enrollment has increased 
ten percent or more in any one year, the guaranteed portion of the total 
authorized borrowing shall not exceed seventy-five percent thereof. Bonds 
or notes bearing a state guarantee awarded on a split-issue basis shall be 
offered and sold at public sale, after such advertisement 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 unguaranteed portion of an authorized borrowing may be 
issued from time to time, provided that the guaranteed portion which shall 
have been issued at any time shall not exceed three times the unguaranteed 
portion which shall then have been issued. The state's guarantee shall be 



126 Chapter 51 [1970 

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 guarantees the 
payment of the whole of the principal and interest of the within (bond) 
(note) and for the performance of such guarantee the full faith and credit 
of the State are pledged. 



State Treasurer 

51:10 Declining Balance Limitation. Amend RSA 195-C:4 (supp) as 
inserted by 1967, 154:1 by striking out in lines eleven and twelve the words 
"such percentage shall not be more than fifty percent," and inserting in 
place thereof the following (dual enrollment district, or district whose en- 
rollment has increased ten percent or more in any one year, such percentage 
shall not be more than seventy-five percent) so that said section as amended 
shall read as follows: 195-C:4 Definition and Limit of Declining Balance 
Guarantee. An award of a state guarantee on a declining balance basis un- 
der 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 pre- 
sentation of such bond, note or coupon. In the case of a receiving district 
this percentage shall not exceed the percentage of the total authorized 
borrowing which is attributable to the sending district or districts as de- 
termined by the state board of education under RSA 195-A:7; and, in the 
case of a cooperative school district, dual enrollment district, or district 
whose enrollment has increased ten percent or more in any one year, such 
percentage shall not be more than seventy-five percent. 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 guarantee 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 guarantees 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 guar- 
antee the full faith and credit of the State are pledged. 



State Treasurer 

51:11 Nonpublic School Study Commission Report. Amend 1969, 57:3 
by striking out said section and inserting in place thereof the following: 
57:3 Report and Recommendations. The commission shall submit a report 
on or before January 15, 1971 to the 1971 legislature on the results and 
recommendations of their continuing studies and in addition thereto they 
shall report on their assessment of the effectiveness of any legislation adop- 
ted by the 1970 legislature pertaining to nonpublic school problems. 



1970] Chapter 52 127 

51:12 Appropriation. Amend 1969, 57 by inserting after section 4 the 
following new section: 57:4-a Appropriation. In addition to any other 
sum appropriated there is hereby appropriated the sum of seventy-five 
hundred dollars 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. 

51:13 Effective Date. This act shall take effect as follows: 

I. On passage, sections 1, 2, 4, 7, 8, 9, 10, 11, and 12. 

II. On July 1, 1970, sections 3, 5, and 6. 
[Approved May 4, 1970.] 

[Effective date: I. Sections 1, 2, 4, 7, 8, 9, 10, 11. and 12 shall take effect May 
4, 1970. II. Sections 3, 5, and 6 shall take effect July 1, 1970.] 



CHAPTER 52. 



AN ACT RELATIVE TO REDUCING THE MAXIMUM AGE FOR ASSESSMENT OF THE 
POLL TAX FROM SEVENTY TO SIXTY-EIGHT. 

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

52:1 Persons Liable. Amend RSA 72:1 (supp) as amended by 1967, 
206:1 by striking out the same and inserting in place thereof the following: 
72:1 Persons Liable. A poll tax of two dollars shall be assessed on every 
inhabitant of the state from twenty-one to sixty-eight years of age whether 
a citizen of the United States or an alien, except paupers, insane persons, the 
widow of 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 conflcits as de- 
fined in sections 28 and 32 of this chapter, and others exempt by special pro- 
visions of law, 

52:2 Assessment for 1970. The poll tax to be assessed for the year 1970 
shall be assessed as provided by RSA 72:1 as hereinbefore amended. Further 
provided that any person who has paid his poll tax assessed as of April 1, 
1970, and who would be exempt from the tax due to the amendment herein 
provided shall be reimbursed for such payment by the town or city. The 
cities and towns are authorized to make repayments hereunder without vote 
therefor by the municipality, 

52:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



128 Chapter 53 [1970 

CHAPTER 53. 

AN ACT TRANSFERRING THE OFFICE OF PLANNING AND RESEARCH TO THE 
OFFICE OF THE GOVERNOR. 

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

53:1 Office Transferred. Amend RSA 4 by inserting after section 12-c 
the following new sections: 

4:12-d Office of State Planning. The office of planning and research 
of the division of economic development, department of resources and ec- 
onomic development established pursuant to RSA 12-A is hereby transferred 
together with all of its powers, functions, duties, personnel, records and 
property to the office of the governor, except the two resources planners 
presently assigned to the planning office and their attendant powers, func- 
tions, duties, records and property. Henceforth, whenever reference is made 
in the statutes to the office of planning and research, it shall be construed 
to mean the office of state planning. The transfer herein provided for shall 
not eliminate any existing position within the classified service unless such 
position shall be vacant or, if filled, its incumbent has been transferred to an 
equivalent or higher paid position of like tenure. No permanent classified 
employee in the state service on effective date of this act shall be required 
to take an examination to remain in his position. 

4:12-e Supervision and Duties. The office of state planning shall be 
under the supervision and direction of the governor or his designee. In addi- 
tion to such other duties as the governor may assign, the office of state plan- 
ning shall acquire and maintain a current record of all large subdivision 
developments in the state and keep the governor aware of all such activity 
and proposed actions. 

53:2 *Transfer of Funds. All monies appropriated to the office of plan- 
ning and research, division of economic development, department of re- 
sources and economic development and all monies available to it from any 
source is hereby transferred to the office of state planning, in the office of the 
governor. 

*This section amended by 1970, 57:16. 

53:3 Department of Resources and Economic Development. Amend 
RSA 12-A:1 (supp) as inserted by 1961, 223:3 by striking out in line five the 
words "reasearch, planning" so that said section as amended shall read as 
follows: 12-A:1 Establishment. There shall be a department of resources 
and economic development under the executive direction of a commissioner 
of resources and economic development, consisting of a division of resources 
development, a division of economic development which shall include but 
not be limited to subdivisions of development and promotion and a division 
of parks. 

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

[Approved May 4, 1970.] 
[Effective date July 3, 1970.] 



1970] Chapter 54 129 

CHAPTER 54. 

AN ACT CLARIFYING THE STATUTE PROVIDING FOR EXEMPTIONS TO PERSONS 
OVER SEVENTY AGAINST THEIR REAL ESTATE TAX. 

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

54:1 Defining Property Valuation for Exemption. Amend RSA 72:39 
(supp) as inserted by 1969, 496:1 by striking out said section and inserting 
in place thereof the following: 

72:39 Exemption for Persons over Seventy Years. Residential real 
estate, as defined by RSA 72:29 II, to the assessed value of five thousand 
dollars shall be exempt from taxation provided, however, if property within 
the town or city is not assessed at its full and true market value, the amount 
of valuation exempted will be that proportion of five thousand dollars that 
the level of assessments as found by the tax commission bears to one hun- 
dred percent, if it is: 

I. Owned by a resident seventy years of age or over; or 

II. Owned by a resident jointly or in common with his spouse, either 
of whom is seventy years of age or over; or 

III. Owned by a resident seventy years of age or over jointly or in 
common with a person not his spouse. 

54:2 Resident Requirements for Exemption Lowered to Five Years. 

Amend RSA 72:40 (supp) as inserted by 1969, 496:1 by striking out said 
section and inserting in place thereof the following: 

72:40 — Conditions. No exemption shall be allowed under RSA 
72:39 unless the person applying therefor: 

I. Has resided in this state for at least five years preceding April 1 in 
the year in which the exemption is claimed; 

II. Had in the calendar year preceding said April 1 a net income from 
all sources of less than four thousand dollars, or if married, a combined 
net income of less than five thousand dollars, such net income to be deter- 
mined by deducting from all monies received from any source whatsoever 
the amount of any of the following or the sum thereof: 

(a) Life insurance paid on the death of an insured; 

(b) Expenses and costs incurred in the course of conducting a business 
enterprise; 

(c) Proceeds from the sale of assets. 

III. Owns assets of any kind, tangible or intangible, less bona fide en- 
cumbrances, not in excess of twenty-five thousand dollars. 

54:3 Exemption for Fractional Interest Clarified. Amend RSA 72:41 
(supp) as inserted by 1969, 496:1 by striking out said section and inserting 
in place thereof the following: 72:41 — Proration. If any entitled person 
or persons shall own a fractional interest in residential real estate, each such 
entitled person shall be granted exemption in proportion to his interest 
therein with other persons so entitled, but in no case shall the total exemp- 



130 Chapter 54 [1970 

tion to all persons so entitled exceed the amount provided in RSA 72:39. 

54:4 Appeal to Tax Commission Provided. Amend RSA 72:42 (supp) 
as inserted by 1969, 496:1 by striking out said section and inserting in place 
thereof the following: 

72:42 — Application. 

I. On or before April fifteenth of the year in which an exemption is 
claimed, a person qualified for the exemption under RSA 72:39 shall file an 
application for the exemption with the selectmen or assessors. The state 
tax commission shall have an application form prepared, to be signed by the 
applicant under penalty of perjury, which sho^vs that the applicant is quali- 
fied for the exemption. 

II. If any person otherwise qualified to receive such exemption shall 
satisfy the selectmen or assessors that he was prevented by accident, mistake 
or misfortune from filing said application on or before April fifteenth, said 
officials may receive said application at a later date and grant an exemption 
thereunder, but no such application shall be received or exemption granted 
after the local tax rate is approved. 

III. If the selectmen or assessors are satisfied that the applicant has wil- 
fully made any false statement in the application to obtain an exemption, 
they may refuse to grant the exemption. 

IV. Whenever the selectmen or assessors refuse to grant an applicant an 
exemption to which he may be entitled under the provisions of RSA 72:39, 
72:40, 72:41 and 72:42, said applicant may appeal in writing within six 
months of receipt of the tax bill to the state tax commission which may order 
an exemption or an abatement if the tax has been assessed. 

54:5 Regulations by Tax Commission. Amend RSA 72 by inserting 
after section 42 (supp) as inserted by 1969, 496:1 the following new 
section: 72:43 Interpretations and Regulations. The state tax commis- 
sion is hereby authorized and empowered to make such reasonable in- 
terpretations and constructions of RSA 72:39, 72:40, 72:41 and 72:42 sub- 
ject to the approval of the attorney general, as will carry out the spirit and 
purpose of said sections and to make such reasonable rules and regulations 
as will insure a uniformity of observance and enforcement of said provisions 
throughout the state. 

54:6 Further Limitations. Amend RSA 72 by inserting after section 
40 (supp) as inserted by 1969, 496:1 the following new section: 72:40-a 
Limitation. In addition to other conditions hereunder no exemption shall 
be allowed under RSA 72:39 where the resident applying therefor has re- 
ceived transfer of the real estate from a person under the age of sixty-five 
related to him by blood or marriage, within five years. 

54:7 Application for 1970 Tax Year. For the tax year of 1970 the pro- 
visions of RSA 72:42 requiring that an application be filed on or before 
April 15 are hereby changed so that an application for an exemption for the 
tax year 1970 may be filed on or before June 15, 1970. 

54:8 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



1970] Chapter 55 131 

CHAPTER 55. 

AN ACT PROVIDING FOR FULL DISCLOSURE IN LAND SALES. 

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

convened: 

55:1 Disclosure Required. Amend RSA by inserting after chapter 356 
the following new chapter: 

Chapter 356-A 
Land Sales Full Disclosure Act 

356-A: 1 Definitions. As used in this chapter the following words shall 
have the following meanings unless the context clearly requires otherwise: 

I. "Disposition" means sale, lease, assignment, award by lottery, or any 
other transaction designed to convey a lot or lots in a subdivision, if under- 
taken for gain or profit; 

II. "Offer" includes every inducement, solicitation or attempt to en- 
courage a person to acquire an interest in land, if undertaken for gain or 
profit; 

III. "Person" means an individual, corporation, business trust, estate, 
trust, partnership, unincorporated association, two or more of the foregoing 
having a joint or common interest, or any other legal or commercial entity; 

IV. "Purchaser" means a person who acquires or attempts to acquire 
or who succeeds to an interest in land; 

V. "Subdivider" means any person who is an owner of subdivided land 
or one who offers it for disposition; 

VI. "Subdivision" and "subdivided lands" mean any land in this or an- 
other state which is, or has been, or is proposed to be divided for the pur- 
pose of disposition into fifty or more lots, parcels, units or interests and 
also includes any land whether contiguous or not if fifty or more lots, par- 
cels, units, or interests are offered as a part of a common promotional plan 
of advertising and sale, provided, however, that the term "subdivision" 
and the term "subdivided lands" shall not include condominiums; 

VII. "Broker" means a real estate broker duly licensed in this state 
pursuant to RSA 33 1 -A; 

VIII. "Agency" means the office of attorney general, division of con- 
sumer protection; 

IX. "Agent" means any person who represents, or acts for or on behalf 
of, a developer or subdivider in selling or leasing, or offering to sell or 
lease, any lot or lots in a subdivision, but shall not include an attorney-at-law 
whose representation of another person consists solely of rendering legal 
services; 

X. "Blanket encumbrance" means a trust, deed, mortgage, judgment, or 
any other lien or encumbrance, including but not limited to an option or 
contract to sell or a trust agreement, affecting a subdivision or affecting more 
than one lot offered within a subdivision, except that such term shall not 
include any lien or other encumbrance arising as the result; 



132 Chapter 55 [1970 

(a) of the imposition of any tax assessment by any public authority; 

(b) of easements; or 

(c) of conditions, covenants, and restrictions which afEect the subdivi- 
sion; 

XL "Publicly held corporation" means a corporation 

(a) having more than fifty stockholders of record; or 

(b) which is actively traded on one of the major stock exchanges; 

XII. "Subsidiary corporation" means any corporation, the stock of 
which is more than fifty percent owned by another corporation or corpora- 
tions; 

XIII. "Closely held corporation" means any corporation which is not a 
publicly held corporation as defined in paragraph XI nor a subsidiary corpo- 
ration as defined in paragraph XII; 

XIV. "Hearing" means a hearing open to the public. 

356-A:2 Administration. There is hereby added to the office of attor- 
ney general, division of consumer protection, such assistant attorneys gen- 
eral, investigators, clerical, stenographic and other staff as the attorney gen- 
eral may appoint within the appropriation made therefor. Said staff shall 
enforce and administer tfie provisions of this chapter, subject to the supervi- 
sion of the attorney general, and perform such otlier duties as the attorney 
general may from time to time assign. 

356-A:3 Exemptions. 

I. Unless the method of disposition is adopted for the purpose of evasion 
of this cliapter or the provisions of the Federal Interstate Land Sales Full 
Disclosure Act, the provisions of this chapter do not apply to offers or dis- 
positions of an interest in land; 

(a) by a purchaser of subdivided lands for his own account in a single 
or isolated transaction; 

(b) if fewer than fifty separate lots, parcels, units or interests in sub- 
divided lands are offered by a person in a period of twelve months; 

(c) pursuant to court order; 

(d) by any government or government agency; 

(e) as cemetery lots or interest. 

II. Unless the method of disposition is adopted for the purpose of eva- 
sion of tliis chapter or the provisions of the Federal Interstate Land Sales 
Full Disclosure Act, the provisions of this chapter do not apply: 

(a) offers or dispositions of evidences of indebtedness secured or to be 
secured by a mortgage or deed of trust of real estate; 

(b) offers or dispositions of securities or units of interest issued by a 
real estate investment trust regulated under any state or federal statute; 

(c) a subdivision as to which the plan of disposition is to dispose to ten 
or fewer persons; 

(d) a subdivision as to which the agency has granted an exemption as 
provided in RSA 356-A:10; 



1970] Chapter 55 133 

(e) offers or dispositions of securities registered with the insurance com- 
missioner of this state; and 

(f) offers or dispositions of any interest in oil, gas or other minerals or 
any royalty interest therein, if the offers or dispositions of such interests are 
regulated as securities by the United States or by the insurance commissioner 
of this state. 

III. The agency may from time to time, pursuant to rules and regula- 
tions issued by it, exempt from any of the provisions of this chapter any sub- 
division, if it finds that the enforcement of this chapter with respect to such 
subdivision or lots, parcels, units or interests is not necessary in the public 
interest and for the protection of purchasers by reason of the small amount 
involved or the limited character of the offering, or because such property 
has been registered and approved pursuant to the laws of any other state. 

IV. Any subdivision which has been registered under the Federal Inter^^ 
state Land Sales Full Disclosure Act shall be exempt from all of the provi- 
sions of this chapter, except RSA 356-A:5, I (a) , (f) , (g) and (h) ; RSA 
356-A:9; RSA 356-A:10, IV; RSA 356-A:ll; RSA 356-A:15; RSA 356-A:16; 
RSA 356-A:17 and RSA 356-A:20, upon filing with the agency a copy of an 
effective statement of record filed with the secretary of housing and urban 
development together with a filing fee of one hundred dollars, and recording 
a notice of registration with the register of deeds of each county in which 
said land is situated. 

356-A:4 Prohibition on Dispositions of Interests in Subdivisions. Un- 
less the subdivided lands or the transaction is exempted by RSA 356-A:3: 

I. No person may offer or dispose of any interest in subdivided lands 
located in this state, nor offer or dispose in this state of any interest in sub- 
divided lands located without this state prior to the time the subdivided 
lands are registered in accordance with this chapter; 

II. No person may dispose of any interest in subdivided lands unless a 
current public offering statement is delivered to the purchaser and the pur- 
chaser is afforded a reasonable opportunity to examine the public offering 
statement prior to the disposition. 

III. No person, other than the owner, subdivider, or regular employee 
thereof, shall act in this state as an agent of said owner or subdivider for the 
sale or disposition of subdivisions subject to the provisions of this chapter 
unless he is licensed pursuant to RSA 331-A. 

356-A:5 Application for Registration. 

I. The application for registration of subdivided lands shall be filed as 
prescribed by the agency's rules and shall contain the following documents 
and information: 

(a) an irrevocable appointment of the agency to receive service of any 
lawful process in any noncriminal proceeding arising under this chapter 
against the subdivider or his personal representative; 

(b) a legal description of the perimeter of subdivided lands offered for 
registration, together with a map showing the division proposed or made, 
and the dimensions of the lots, parcels, units or interests and the relation of 



134 Chapter 55 [1970 

the subdivided lands to existing streets, roads, and other off-site improve- 
ments; 

(c) the states or jurisdictions in which an application for registration 
or similar document has been filed, and any adverse order, judgment, or 
decree entered in connection with the subdivided lands by the regulatory 
authorities in each jurisdiction or by any court; 

(d) the subdivider's name, address, and the form, date, and jurisdiction 
of organization; and the address of each of its offices in this state; 

(e) the name, address, and principal occupation for the past five years 
of every director, president, vice president, treasurer, clerk, of the subdivider 
or person occupying a similar status or performing similar functions; the 
extent and nature of any interest of each in the subdivider or the subdivided 
lands as of a specified date within thirty days of the filing of the application; 

(f) if the subdivider is a closely held corporation, partnership, joint 
stock company, trust or sole proprietorship, the name, address, and principal 
occupation of each trustee, stockholder, partner, or person having any bene- 
ficial interest therein; 

(g) if the subdivider is a publicly held corporation, the name, address 
and principal occupation of each stockholder owning more than ten percent 
of the shares outstanding; 

(h) if the subdivider is a subsidiary corporation, the name, address and 
principal occupation of each stockholder or person having a beneficial in- 
terest therein, and the name, address and principal occupation of each 
stockholder owning more than ten percent of the shares outstanding in the 
corporation or corporations to which it is subsidiary; 

(i) a statment, in a form acceptable to the agency, of the condition of 
the title to the subdivided lands including encumbrances as of a specified 
date within thirty days of the date of application by a title opinion of a 
licensed attorney, not a salaried employee, officer or director of the sub- 
divider or owner, or by other evidence of title acceptable to the agency; 

(j) copies of the instruments which will be delivered to a purchaser to 
evidence his interest in the subdivided lands and of the contracts and other 
agreements which a purchaser will be required to agree to or sign; 

(k) copies of the instruments by which the interest in the subdivided 
lands was acquired; 

(1) if there is a blanket encumbrance or lien affecting more than one 
lot, parcel, unit or interest, a statement of the consequences for a purchaser 
of failure to discharge the blanket encumbrance or lien and the steps, if any, 
taken to protect the purchaser in case of this eventuality; 

(m) copies of instruments creating easements, conditions, covenants 
and restrictions, or other encumbrances, affecting the subdivided lands, if 
any, with data as to recording; 

(n) a statement of the zoning and subdivision regulations affecting the 
subdivided lands and also of any existing tax and existing or proposed spe- 
cial taxes or assessments which affect the subdivided lands; 

(o) a statement of the existing provisions for access, sewage disposal, 
water, and other public utilities in the subdivisions; a statement of any 
improvements to be installed, and the estimated cost thereof, the schedule 



1970] Chapter 55 135 

for their completion, and a statement as to any provisions for improvement 
maintenance; 

(p) a narrative description of the promotional plan for the disposition 
of the subdivided lands; 

(q) the proposed public offering statement; 

(r) if the subdivider is a corporation, a copy of its articles of incorpora- 
tion with all amendments thereto; 

(s) if the subdivider is a trust, a copy of all instruments by which the 
trust is created together with all amendments thereto; 

(t) if the subdivider is a partnership, unincorporated association, joint 
stock company, or any other form of organization, a copy of its articles of 
partnership or association and all other papers pertaining to its organiza- 
tion, including all amendments thereto; 

(u) if the subdivider is not the holder of legal title, copies of the ap- 
propriate documents required by subparagraphs (r), (s) or (t) above; 

(v) any other information, including any current financial statement, 
which the agency by its rules requires for the portection of purchasers. 
Financial information filed with the agency shall not be disclosed publicly 
except in connection with a hearing, civil action, or criminal action in- 
volving the party who submitted the information, 

II. If the subdivider registers additional subdivided lands to be offered 
for disposition, he may consolidate the subsequent registration with any 
earlier registration offering subdivided lands for disposition under the same 
promotional plan. 

III. The subdivider shall immediately report any material changes in 
the information contained in an application for registration. 

IV. The subdivider shall upon filing an application for registration 
post with the agency such bond, in favor of the state, as the agency may re- 
quire with surety in such amount as the agency may in its discretion re- 
quire. No bond which may be required by the provisions of this chapter shall 
be accepted for filing unless it is with a surety company authorized to do 
business in this state. Any person aggrieved by an act of the principal named 
in the bond in violation of the provisions of this chapter, may proceed on 
such bond against the principal, surety or both to recover damages. 

V. The subdivider shall pay a filing fee of one hundred dollars. 

356-A:6 Public Offering Statement. 

I. A public offering statement shall disclose fully and accurately the 
physical characteristics of the subdivided lands offered. The proposed public 
offering statement submitted to the agency shall be in a form prescribed by 
its rules and shall include the following: 

(a) the name and principal address of the subdivider; 

(b) a general description of the subdivided lands stating the total 
number of lots, parcels, units, or interests in the offering; 

(c) the significant terms of any encumbrances, easements, liens, and 
restrictions, including zoning, water pollution and other regulations affect- 
ing the subdivided lands and each unit or lot, and a statement indicating 



136 Chapter 55 [1970 

whether or not any such zoning, water pollution and other regulations have 
been complied with; 

(d) a statement of the use for which the property is offered; 

(e) information concerning improvements, including streets, water 
supply, levees, drainage control systems, irrigation systems, sewage disposal 
facilities and customary utilities, and the estimated cost, if any, to be borne 
by the purchaser, date of completion and responsibility for construction and 
maintenance of existing and proposed improvements which are referred to 
in connection with the offering or disposition of any interest in subdivided 
lands; 

(f) additional information required by the agency to assure full and 
fair disclosure to prospective purchasers. 

II. The public offering statement shall not be used for any promotional 
purposes before registration of the subdivided lands and afterwards only if 
it is used in its entirety. No person may advertise or represent that the 
agency approves or recommends the subdivided lands or disposition thereof. 
No portion of the public offering statement may be underscored, italicized, 
or printed in larger or heavier or different color type than the remainder of 
the statement unless the agency requires it. 

III. The agency may require the subdivider to alter or amend the pro- 
posed public offering statement in order to assure full and fair disclosure to 
prospective purchasers, and no change in the substance of the promotional 
plan or plan of disposition or development of the subdivision may be made 
after registration without notifying the agency and without making appro- 
priate amendment of the public offering statement. A public offering state- 
ment is not current unless all amendments are incorporated. 

356-A:7 Inquiry and Examination. 

I. Upon receipt of an application for registration in proper form, the 
agency shall forthwith initiate such examination as it shall deem necessary 
to determine: 

(a) that the subdivider can convey or cause to be conveyed the in- 
terest in subdivided lands offered for disposition if the purchaser complies 
with the terms of the offer, and when appropriate, that release clauses, con- 
veyances in trust or other safeguards have been provided; 

(b) that there is reasonable assurance that all proposed improvements 
will be completed as represented; 

(c) that any advertising material required pursuant to section 9 and 
the general promotional plan are not false or misleading and comply with 
the standards prescribed by the agency in its rules and afford full and fair 
disclosure; 

(d) whether the subdivider has not, or if a corporation its officers, di- 
rectors, and principals have not, been convicted of a crime involving land 
dispositions or any aspect of the land sales business or any other felony in 
this state, the United States, or any other state or foreign country within the 
past ten years and has not been subject to any injunction or administrative 
order within the past ten years restraining a false or misleading promotional 
plan involving land dispositions; 



1970] Chapter 55 137 

(e) that the public offering statement requirements of this chapter 
have been satisfied. 

II. All reasonable expenses incurred by the agency in carrying out the 
examination required by paragraph I shall be paid by the subdivider and 
no order registering the subdivided lands shall be entered until such ex- 
penses have been fully paid. 

356-A:8 Notice of Filing and Registration. 

I. Upon receipt of the application for registration in proper form, the 
agency shall issue a notice of filing to the applicant. As soon as possible and 
within sixty days from the date of the notice of filing, the agency shall enter 
an order registering the subdivided lands or rejecting the registration. If no 
order of rejecion is entered within sixty days from the date of notice of filing, 
the land shall be deemed registered unless the applicant has consented in 
writing to a delay. Notice of all registrations shall be recorded in the register 
of deeds of each county in which said land is situated within ten days of 
their receipt by the agency. 

II. If the agency affirmatively determines, upon inquiry and examina- 
tion, that the requirements of this chapter have been met, it shall enter an 
order registering the subdivided lands and shall designate the form of the 
public offering statement. 

III. If the agency determines upon inquiry and examination that any 
of the requirements of this chapter have not been met, the agency shall 
notify the applicant that the application for registration must be corrected 
in the particulars specified within ten days. If the requirements are not met 
within the time allowed the agency shall enter an order rejecting the regis- 
tration which shall include the findings of fact upon which the order is 
based. The order rejecting the registration shall not become effective for 
twenty days during which time the applicant may petition for reconsidera- 
tion and shall be entitled to a hearing. 

IV. The fact that a statement of record with respect to a subdivision 
has been filed or is in effect shall not be deemed a finding by the agency 
that the statement of record is true and accurate on its face, or be held to 
mean the division has in any way passed upon the merits of, or given ap- 
proval to, such subdivision. It shall be unlawful to make, or cause to be 
made, to any prospective purchaser any representation contrary to this para- 
graph. 

356-A:9 Annual Report. 

I. Within thirty days after each annual anniversary date of an order 
registering subdivided lands, the subdivider shall file a report in the form 
prescribed by the rules of the agency. The report shall reflect any material 
changes in information contained in the original application for registra- 
tion, including but not limited to any change in the ownership of interests in 
the corporation or organization as required in RSA 356-A:5, I (f) , (g) and 

(h). 

II. The agency at its option may permit the filing of annual reports 
within thirty days after the anniversary date of the consolidated registration 
in lieu of the anniversary date of the original registration. 



138 Chapter 55 [1970 

356-A:10 General Powers and Duties. 

I. The agency shall prescribe reasonable rules for carrying out the pro- 
visions of this chapter. 

II. The agency by rule or by an order, after reasonable notice and hear- 
ing, may require the filing of advertising material relating to subdivided 
lands prior to its distribution. 

III. If it appears that a person has engaged or is about to engage in 
an act or practice constituting a violation of a provision of this chapter 
or a rule or order hereunder, the agency, with or without prior adminis- 
trative proceedings, may bring an action in the superior court to enjoin 
the acts or practices and to enforce compliance with this chapter or any 
rule or order hereunder. Upon proper showing, injunctive relief or tem- 
porary restraining orders shall be granted, and a receiver or conservator 
may be appointed. The agency is not required to post a bond in any court 
proceedings. 

IV. The agency may intervene in any suit involving subdivided lands 
alleging violation of this chapter. In any such suit by or against a subdi- 
vider involving subdivided lands, the subdivider promptly shall furnish 
the agency notice of the suit and copies of all pleadings. 

V. The agency may: 

(a) accept registrations filed in other states, in lieu of the filing required 
by this chapter upon the filing of a fee of one hundred dollars; 

(b) contract with similar agencies in this state or other jurisdictions 
to perform investigative functions; 

(c) accept grants in aid from any source. 

VI. The agency may cooperate with similar agencies in other juris- 
dicitions to establish uniform filing procedures and forms, uniform public 
offering statements, advertising standards, rules and common administrative 
practices. 

356-A:ll Investigations and Proceedings. 

I. The agency may: 

(a) make necessary public or private investigations within or outside 
of this state to determine whether any person has violated or is about to 
violate this chapter or any rule or order hereunder, or to aid in the en- 
forcement of this chapter or in the prescribing of rules and forms here- 
under; 

(b) require or permit any person to file a statement in writing, under 
oath and subject to the pains and penalties of perjury or otherwise as the 
agency determines, as to all the circumstances concerning matters under 
investigation. 

II. For the purpose of any hearing under this chapter the agency or 
any officer designated by rule may administer oaths or affirmations. Upon 
its own motion or upon request of any party the agency or any officer de- 
signated by rule shall subpoena witnesses, issue subpoena duces tecum, 
compel their attendance, take evidence, and require the production of any 
matter which is relevant to such hearing, including the existence, descrip- 
tion, nature, custody, condition, and location of any books, documents, or 



1970] Chapter 55 139 

other tangible things and the identity and location of persons having know- 
ledge of relevant facts or any other matter reasonably calculated to lead to 
the discovery of material evidence. 

III. Upon failure to obey a subpoena or subpoena duces tecum or to 
answer questions propounded by the investigating officer, or to produce any 
material required by the investigating officer, and upon reasonable notice 
to all persons affected thereby, the agency may apply to the superior court, 
for an order compelling compliance. 

356-A:12 Cease and Desist Orders. 

I. If the agency determines after notice and hearing that a person has: 

(a) violated any provisions of this chapter; 

(b) directly or through an agent or employee knowingly engaged in 
any false, deceptive, or misleading advertising, promotional, or sales methods 
to offer or dispose of any interest in subdivided lands; 

(c) made any substantial change in the plan of disposition and develop- 
ment of the subdivided lands subsequent to the order of registration with- 
out obtaining prior written approval from the agency; 

(d) disposed of any subdivided lands which have not been registered 
with the agency; or 

(e) violated any lawful order or rule of the agency; 

It may issue an order requiring the person to cease and desist from the 
unlawful practice and to take such affirmative action as in the judgment of 
the agency will carry out the purposes of this chapter. 

II. If the agency makes a finding of fact in writing that the public in- 
terest will be irreparably harmed by delay in issuing an order, it may issue 
a temporary cease and desist order. Prior to issuing the temporary cease and 
desist order, the agency whenever possible by telephone or otherwise shall 
give notice of the proposal to issue a temporary cease and desist order to the 
person. Every temporary cease and desist order shall include in its terms 
provision that upon request a hearing will be held within ten days to de- 
termine whether or not it becomes permanent. 

356-A:13 Revocation. 

I. A registration may be revoked after notice and hearing upon a writ- 
ten finding of fact that the subdivider has: 

(a) failed to comply with the terms of a cease and desist order; 

(b) been convicted after final appeal in any court subsequent to the 
filing of the application for registration for a crime involving fraud, decep- 
tion, false pretenses, misrepresentation, false advertising, or dishonest deal- 
ing in real estate transactions; 

(c) disposed of, concealed, or diverted any funds or assets of any per- 
son so as to defeat the rights of subdivision purchasers; 

(d) failed faithfully to perform any stipulation or agreement made 
with the agency as an inducement to grant any registration, to reinstate any 
registration, or to approve any promotional plan or public offering state- 
ment; 

(e) made intentional misrepresentations or concealed material facts in 
an application for registration. 



140 Chapter 55 [1970 

Findings of fact, if set forth in statutory language, shall be accompanied by 
a concise and explicit statement of the underlying facts supporting the 
findings. 

II. If the agency finds after notice and hearing that the subdivider has 
been guilty of a violation for which revocation could be ordered, it may 
issue a cease and desist order instead. 

356-A:14 Judicial Review. 

I. Any person aggrieved by a decision or action of the agency may, by 
petition, appeal from said decision or action to the superior court for trial 
de novo. The superior court may affirm, reverse, or modify the decision or 
action of the agency as justice may require. 

II. The filing of the petition does not itself stay enforcement of the 
agency decision. The agency may grant, or the superior court may order, a 
stay upon appropriate terms. 

III. Within thirty days after the service of the petition, or within fur- 
ther time allowed by the court, the agency shall transmit to the superior 
court the original or a certified copy of the entire record of the proceeding 
under review. By stipulation of all parties to the review proceedings, the 
record may be shortened. A party unreasonably refusing to stipulate to limit 
the record may be taxed by the court for the additional costs. The court 
may require or permit subsequent corrections or additions to the record. 

IV. If, before the date set for a court hearing, application is made to 
the court for leave to present additional evidence, and it is shown to the 
satisfaction of the court that the additional evidence is material and that 
there were good reasons for failure to present it in the proceeding before 
the agency, the court may order that the additional evidence be taken before 
the agency upon conditions determined by the court. The agency may 
modify its findings and decision by reason of the additional evidence and 
shall file that evidence and any modifications, new findings, or decisions with 
the superior court. 

356-A:15 Penalties. Any person who wilfully violates any provision 
of this chapter or of a rule adopted under it or any person who wilfully, in 
an apphcation for registration makes any untrue statement of a material 
fact or omits to state a material fact, shall be fined not less than one thousand 
dollars or triple the amount of gain from the offer or disposition, whichever 
is the larger but not more than one hundred thousand dollars; or he may be 
imprisoned for not more than two years, or both. 

356-A:I6 Civil Remedy. 

I. Any person who disposes of subdivided lands in violation of this 
chapter, or who in disposing of subdivided lands makes an untrue statement 
of a material fact, or who in disposing of subdivided lands omits a material 
fact required to be stated in a registration statement or public offering state- 
ment or necessary to make the statements made not misleading, is liable as 
provided in this section to the purchaser unless in the case of an untruth or 
omission it is proved that the purchaser knew of the untruth or omission or 
that the person offering or disposing of subdivided lands did not know and 
in the exercise of reasonable care could not have known of the untruth or 
omission, or that the purchaser did not rely on the untruth or omission. 



1970] Chapter 55 141 

II. In addition to any other remedies, the purchaser, under the pre- 
ceding paragraph, may recover three times the consideration paid for the 
lot, parcel, unit or interest in subdivided lands together with interest at 
the rate of six percent per year from the date of payment, property taxes 
paid, less the amount of any income received from the subdivided lands 
upon tender of appropriate instruments of reconveyance. If the purchaser 
no longer owns the lot, parcel, unit or interest in subdivided lands, he 
may recover the amount that would be recoverable upon a tender of a re- 
conveyance less the value of the land when disposed of and less interest at 
the rate of six percent per year on that amount from the date of disposi- 
tion. In any such action by the purchaser the prevailing party may recover 
reasonable court costs and attorney's fees, as may be ordered by the court. 

III. Every person who materially participates in any disposition of sub- 
divided lands in the manner specified in paragraph I, if such person di- 
rectly or indirectly controls a subdivider, is a general partner, officer, or 
director of a subdivider, and every employee or agent of the subdivider 
^vho materially aids in the disposition, is also liable jointly and severally 
with and to the same extent as the subdivider, if such person knew or in the 
exercise of reasonable care should have known of the existence of the facts 
by reason of which the liability is alleged to exist. There is a right to con- 
tribution as in cases of contract amoung persons so liable. 

IV. Every person whose occupation gives authority to a statement 
which with his consent has been used in an application for registration or 
public offering statement, if he is not otherwise associated with the sub- 
division and development plan in a material way, is liable only for false 
statements knowingly made. 

V. A tender of reconveyance may be at any time before the entry of 
judgment. 

VI. A person may not recover under this section in actions commenced 
more than six years after his first payment of money to the subdivider in 
the contested transaction. 

VII. Any stipulation or provision purporting to bind any person acquir- 
ing subdivided lands to waive compliance with this chapter or any rule 
or order under it is void. 

VIII. The owner, publisher, licensee or operator of any newspaper, 
magazine, visual or sound radio broadcasting station or network of sta- 
tions or the agents or employees of any such owner, publisher, licensee or 
operator of such newspaper, magazine, station or network of stations shall 
not be liable under this chapter for any advertising of any subdivision, lot, 
parcel or unit in any subdivision carried in any such newspaper or magazine 
or by any such visual or sound radio broadcasting station or network of 
stations nor shall any of them be liable under this chapter for the contents 
of any such advertisement. 

IX. Any broker or real estate salesman violating any provision of this 
chapter may, in addition to any other penalty imposed by this chapter, 
have his real estate broker's or salesman's license suspended or revoked 
by the real estate commission pursuant to RSA 33I-A, for such time as in 
the circumstances it considers justified. 



142 Chapter 55 [1970 

356-A:17 Jurisdiction. Dispositions of subdivided lands are subject to 
this chapter, and the superior courts of this state have jurisdiction in 
claims or causes of action arising under this chapter if: 

I. the subdivided lands offered for disposition are located in this state; 
or 

II. the subdivider's principal office is located in this state; or 

III. any offer or disposition of subdivided lands is made in this state, 
whether or not the offeror or offeree is then present in this state, if the offer 
originates within this state or is directed by the offeror to a person or place 
in this state and received by the person or at the place to which it is directed. 

356-A:18 Interstate Rendition. In the proceedings for extradition of 
a person charged with a crime under this chapter, it need not be shown that 
the person whose surrender is demanded has fled from justice or at the time 
of the commission of the crime was in the demanding or other state. 

356-A:19 Service of Process. 

I. Service may be made by delivering a copy of the process to the office 
of the agency, but it is not effective unless the plaintiff (which may be the 
agency in a proceeding instituted by it): 

(a) forthwith sends a copy of the process and of the pleading by certi- 
fied or registered mail to the defendant or respondent at his last known ad- 
dress, and 

(b) the plaintiff's affidavit of compliance with this section is filed in 
the case on or before the return day of the process, if any, or within such 
further time as the court allows. 

II. If any person, including any nonresident of this state, engages in 
conduct prohibited by this chapter or any rule or order hereunder, and 
has not filed a consent to service of process and personal jurisdiction over 
him cannot otherwise be obtained in this state, that conduct authorizes the 
agency to receive service of process in any noncriminal proceeding against 
him or his successor which grows out of that conduct and which is brought 
under this chapter or any rule or order hereunder, with the same force and 
validity as if served on him personally. Notice shall be given as provided in 
paragraph I. 

356-A:20 Conflict of Interest. No member of the agency or any part- 
nership, firm or corporation with which a member is associated shall act as 
subdivider, agent, attorney or broker of a subdivision, lot, parcel, unit or 
interest therein or offer or dispose of a subdivision, lot, parcel, unit or in- 
terest therein required to be approved pursuant to RSA 356-A:4 of this 
chapter. 

356-A:21 Short Title. This chapter may be cited as the Land Sales 
Full Disclosure Act. 

356-A:22 Severability. If any provision of this chapter or the application 
thereof to any person or circumstance is held invalid, the invalidity does 
not affect other provisions or applications of the chapter which can be given 
effect without the invalid provisions or application, and to this end the pro- 
visions of this chapter are severable. 



1970] Chapter 56 143 

55:2 Additional Assistant Attorney General. Amend RSA 7:16 (supp) 
as amended by 1957, 315:1; 1963, 209:1; 1967, 413:1, and the Laws of 1970, 
by striking out in line two the word "nine" and inserting in place thereof 
the word (ten) so that said section as amended shall read as follows: 7:16 
Assistant Attorneys General. The attorney general, subject to the approval 
of the governor and council, may appoint ten assistant attorneys general, 
each of whom shall hold office for a term of five years. Any vacancy in such 
office may be filled for the unexpired term. An assistant attorney general 
may be removed only as provided by RSA 4:1. 

55:3 Compensation. Amend RSA 94:1 -a (supp) as inserted by 1969, 
500:12 and amended by Laws of 1970 by striking out where it appears in 
proper alphabetical order the line reading "Assistant attorneys general (9) 

15,226 17,129" and inserting in place thereof the following: (Assistant 
attorneys general (10) 15,226 17,129). 

55:4 EfiFective Date, RSA 356-A:4 as inserted by section 1 shall take 
effect October 1, 1970 and the remainder of this act shall take effect upon its 
passage. 

[Approved May 4, 1970.] 

[Effective date RSA 356-A:4 as inserted by section 1 shall take effect October 
1, 1970 and the remander of the act shall take effect May 4, 1970.] 



CHAPTER 56. 

AN ACT MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DE- 
PARTMENTS OF THE STATE FOR THE FISCAL YE.\RS ENDING JUNE 30, 1970 AND JUNE 30, 
1971, PROVIDING FOR THE CONTROL OF AQUATIC NUISANCES AND MAKING APPROPRIA- 
TION THEREFOR, EXTENDING AN APPROPRIATION FOR THE WATER RESOURCES BOARD, 

MAKING AN APPROPRIATION FOR THE BICENTENNIAL COMMISSION, AND PROVIDING 
FOR RECOMPILATION OF VOLUME 1 OF THE RSA WITH THE APPROPRIATION THEREFOR. 

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

56:1 Appropriations. The sums hereinafter detailed in sections 2 and 
3 of this act are hereby appropriated to be paid out of the treasury of the 
state for the purpose specified for the branches and departments named, by 
section 2 of the act for the fiscal year ending June 30, 1970 and by section 3 
of the act for the fiscal year ending June 30, 1971. Said appropriations are 
in addition to any other appropriations made for said fiscal years for any of 
said branches or departments. 

56:2 Appropriation for Fiscal Year Ending June 30, 1970. 

Department of resources and 
economic development 
Office of the commissioner 

New England river basins commission |6,300 



144 Chapter 56 [1970 

Office of coordinator of federal funds 

Equipment 2,000 

Board of accountancy: 

Current expenses $750 

Travel: 

In-state 50 



Total 800 

Total appropriation for fiscal 
year ending June 30, 1970 $9,100 

56:3 Appropriation for Fiscal Year Ending June 30, 1971. 

Department of health and welfare 
Division of public health services 
Maternal child health and 
crippled children's services 
Other expenditures: 

Rehabilitation $50,000 



Radiation surveillance: 
Personal services: 

Permanent 
Current expenses 
Travel: 

In-state 
Equipment 


$ 6,529 
321 

1,000 
11,350 




Total 


$ 441,799 
441,799 


$ 19,200 


Total for division of public 
health services 

Division of Welfare 
Old age assistance: 
State's share 
Towns and counties 
Less estimated revenue 


$279,570 


Net appropriation 
Federal 

Less estimated revenue 


$1,045,824 
1,045,824 






$ 69,200 



Net appropriation 

Old age assistance to aliens: 

Towns and counties* $ 81,733 

Less estimated revenue 30,396 



Net appropriation 51,337 



1970] Chapter 56 145 

Federal I 118,495 

Less estimated federal funds 1 18,495 



Net appropriation 

*For the fiscal year ending June 30, 1971, the share which a county or 
town must reimburse the state for old age assistance to aliens for which such 
county or town is liable shall be one hundred percent of the non-federal 
share thereof. Provisions of the law inconsistent with the provisions hereof 
are hereby suspended until June 30, 1971. 

Aid to families with dependent 
children: 

State's share $617,989 

Federal $895,948 

Less estimated revenue 895,948 



Net appropriation 

Aid to needy blind: 

State's share 39,299 

Federal $ 56,976 

Less estimated revenue 56,976 



$ 99,671 
99,671 


16,574 


$168,529 
168,529 











Net appropriation 

Aid to permanently and totally 
disabled: 

State's share 

Towns and counties* 
Less estimated revenue 

Net appropriation 
Federal 
Less estimated revenue 

Net appropriation 

*For the fiscal year ending June 30, 1971, the share which a county or 
town must reimburse the state for aid to the totally and permanently dis- 
abled persons for which such county or town is liable shall be thirty-five 
percent. Provisions of the law inconsistent with the provisions hereof are 
hereby suspended until June 30, 1971. 

Net appropriation for division 

of welfare $1,004,769 

Division of mental health 
Office of director: 

Office of mental retardation: 
Other expenditures: 
Grants for community 
development centers $ 50,000 



146 Chapter 56 [1970 

Office of community mental health 
services: 

Other expenditures: 

Grants to community mental 

health services 200,000 



Total for office of director |250,000 

New Hampshire hospital: 
Administration: 

Other personal services: 

Permanent 13,187 

Professional care and treatment: 
Personal services: 

Permanent $166,588 

Other 27,460 

Current expenses 5,000 

Drugs: 

Out patientsf 7,909tf 

In patients 12,500tt 

Equipment 42,100 

Total 261,557 

fPayment ability for reimbursement to the state shall be the responsi- 
bility of the division of investigation of accounts. 

-j-fThese amounts shall not be transferred or expended for any other 
purpose. 

Custodial care: 
Personal services: 

Permanent I 12,045 

Current expenses 6,110 

Equipment 28,300 

Total 46,455 

Operation of plant: 
Personal services: 

Permanent $ 4,485 

Other 5,000 

Equipment 7,700 



Total 17,185 

Maintenance of plant: 
Equipment 
Personal services: 

Permanent 10,618 

Current expenses 5,000 

Total 15,618 



1970] Chapter 56 147 

Children's services: 
Personal services: 

Other $ 5,000 

Current expenses 5,000 

Equipment 12,000 

Total 22,000 



Total for New Hampshire 

hospital $376,002 

Total for division of mental 

health 626,002 



Total for department of health 

and welfare $1,699,971 

Department of education 

Education of handicapped children $1 10,000 

Education of deaf* ^ 22,000 

Intellectually retarded children 58,000 

Emotionally disturbed children 60,000 

* These funds shall be for payments to school for board, room and tui- 
tion and shall not be expended for any other purpose, and no transfer shall 
be made therefrom. 

Vocational education acts: 

Reimbursements to local school 

districts as permitted by vocational 

education acts** $150,000 



**Other provisions of law notwithstanding, this amount shall only be 
expended for reimbursement to local school districts. 

Total for board of education 400,000 

Department of resources and 
economic development: 
Office of the commissioner: 

New England river basins 

commission 6,300 

Water supply and pollution control 
commission: 

Office of commission: 
Personal services: 

Permanent $154,521 

Current expenses 40,007 

Travel: 

In-state 15,000 



Total for water supply and 

pollution control commission 209,528 



148 Chapter 56 [1970 

Administration and control: 
Division of budget and control: 
Other expenditures: 

New England board of higher 
education: 

Grants 50,000 

Real estate commission: 
Other personal services: 
Permanent 4,277 



Total appropriation for fiscal 

year ending June 30, 1971 12,370,076 



56:4 Elimination of Welfare Footnote. Amend Laws of 1969, 367:4 
under the appropriation for the department of health and welfare, di- 
vision of welfare, aid to families with dependent children, state's share by 
striking out the asterisk after the lines reading "Income disregard", "Day 
care", and "Foster care". Further amend said section by striking out the 
footnote after the appropriation for aid to families with dependent chil- 
dren which reads as follows: "*This appropriation shall not be transferred 
or expended for any other purpose." 

56:5 Repeal of Footnote Relative to Commission on the Arts. Amend 
Laws of 1969, 367:4 and 368:4 by striking out in the appropriation for the 
commission on the arts the asterisk after the line reading "Net appropria- 
tion $10,000*" and by striking out the footnote after said appropriation 
reading "*State fund expenditures shall not exceed $10,000.". 

56:6 New Chapter. Amend RSA by inserting after chapter 149-E (supp) 
as inserted by 1967, 147:13 the following new chapter: 

Chapter 149-F 
Control of Algae and Other Aquatic Nuisances 

149-F: 1 Control. The water supply and pollution control commission 
is authorized to utilize such methods of control and to employ such per- 
sonnel, consultant services, and equipment as, in its judgement, will con- 
trol aquatic nuisances, plant or animal in the surface waters of the state as 
defined in RSA 149:1. 

149-F:2 Agent to Receive Funds. The commission shall be the agency 
to receive and utilize federal funds, gifts, or grants from any person or 
association, which may be made available for the purposes of this chapter. 

56:7 Appropriation. The following sums are hereby appropriated 
for the purposes of RSA 149-F as inserted by section 6 of this act. 

Control of algae and other aquatic 

Nuisances $125,000 

Less estimated revenue 50,000 



Net appropriation $75,000 



1970] Chapter 56 149 

The above appropriation shall not lapse. The governor is authorized 
to draw his warrant for said sum out of any money in the treasury not 
otherwise appropriated. 

56:8 Appropriation. There is hereby appropriated for the payment of 
refunds as certified by the state tax commission provided for by 1970, 5:20, 
the sum of two hundred twenty thousand dollars. The governor is author- 
ized to draw his warrant for the sum hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

56:9 Tobacco Tax; Appropriation. In order to insure the payment of 
the tax upon tobacco products on hand and in the possession of licensees at 
the time 1970, 5:10 becomes effective the state tax commission is hereby 
authorized 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 forty-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 thereof. The 
governor is authorized to draw his warrant for said sum out of any money 
in the treasury not otherwise appropriated. 

56:10 Appropriation for OASI. There is hereby appropriated in addi- 
tion to any other sums appropriated for OASI for fiscal 1970 the amount 
of one hundred sixty thousand dollars. The governor is authorized to draw 
his warrant for said sum out of any money in the treasury not otherwise 
appropriated. 

56:11 Insertion of Footnote. Amend the appropriation in 1969, 368:4 
for old age assistance to aliens in the department of health and welfare, 
division of welfare by striking out said appropriation and inserting in place 
thereof the following: 

Old age assistance to aliens: 

Towns and counties* $192,107 

Less estimated revenue 192,107 



Net appropriation 

Federal $251,700 

Less estimated revenue 251,700 

Net appropriation 

*For the fiscal year ending June 30, 1971, the share which a county or town 
must reimburse the state for old age assistance to aliens for which such 
county or town is liable shall be one hundred percent of the non-federal 
share thereof. Provisions of the law inconsistent with the provisions hereof 
are hereby suspended until June 30, 1971. 

56:12 Extension of Water Resources Appropriation. The balance of 
the appropriation made for the water resources board by 1967, 394:1, VII 
as amended by 1969, 51:2 shall be available for expenditure until Tune 30, 
1973. 



150 Chapter 56 [1970 

56:13 Appropriation for Printing of RSA Supplements. Amend 1969, 
86:2 by striking out in line one the word "thirteen" and inserting in place 
thereof the word (seventeen) so that said section as amended shall read as 
follows: 86:2 Appropriation. The sum of seventeen thousand dollars is 
hereby appropriated for the purposes of this act relative to the supplements 
for the 1971 session of the general court. The governor is authorized to 
draw his warrant for the sum, or as much thereof as is necessary, out of 
any money in the treasury not otherwise appropriated. 

56:14 Appropriation for Bicentennial Commission. Amend 1969, 455 
by inserting after section 4 the following new section: 455:4-a Life of Com- 
mission and Appropriation. The commission shall continue in existence 
until thirty days after the two hundredth anniversary of the effective date 
of the definitive Treaty of Peace with Great Britain which terminated the 
American Revolution. For the purposes of the commission, there is hereby 
appropriated the sum of seven hundred fifty dollars for the fiscal year end- 
ing June 30, 1971 and said appropriation shall be a continuing appropria- 
tion and shall not lapse. The governor is authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise appropriated. 

56:15 Revised Statutes Annotated. The secretary of state, with the 
approval of the attorney general, is authorized and directed to contract 
with a competent and qualified law book publisher in the name of the state 
for the recompilation of volume 1 of Revised Statutes Annotated into two 
volumes. The contract for recompilation shall provide for the editorial 
preparation, including renumbering of chapters and sections, and 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 1 and 1-A. The reprinting 
of the volumes shall follow the general scheme for the original printing of 
Revised Statutes Annotated. The provisions of RSA 8, relative to competi- 
tive bidding for state purchases, shall not apply to the contract authorized 
under this act. 

56:16 Sales. The secretary of state, with the approval of the attorney 
general, is authorized to contract with the publisher of recompiled volume 
1 of the Revised Statutes Annotated for the sale of replacement volumes 1 
and 1-A to the public at a price to be determined by the secretary of state. 

56:17 Distribution. The secretary of state is authorized to distribute 
official bound copies of replacement volumes 1 and 1-A of the Revised Sta- 
tutes Annotated free of charge in the following manner: One copy to each 
of the following officers and bodies: The governor, the president of the 
senate, the speaker of the house, the members of the New Hampshire revi- 
sion 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 United States court of appeals for the first circuit, the 
district court of the United States for this district, the United States de- 
partment 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, twenty 



1970] Chapter 56 151 

copies to the office of the director of legislative services, and fourteen copies 
to the office of the attorney general. 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 
1 and 1-A of the Revised Statutes Annotated. The secretary of state may dis- 
tribute additional copies of original and replacement volumes of the Revised 
Statutes Annotated to state government departments, offices and agencies 
for official use, subject to the approval of the governor and council. 

56:18 Appropriation. The sum of seventeen thousand five hundred 
dollars is hereby appropriated for the purposes of section 15, 16, and 17 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 here- 
of, out of any money in the treasury not otherwise appropriated. 

56:19 Adjustment of Totals. Adjustments of any totals in 1969, 367 
or 368 which are required because of any amendments made to either of 
said acts by this act are hereby made and authorized. 

56:20 Foundation Aid. There is hereby appropriated for the fiscal 
year ending June 30, 1971, to the department of education for foundation 
aid the sum of one million dollars. Said appropriation shall be in addition 
to any other funds appropriated therefor for said fiscal year. The governor 
is authorized to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 

56:21 Governor's Staff. There is hereby appropriated for fiscal year 
ending June 30, 1971, to the office of governor, in addition to any other 
sums appropriated therefor, the sum of eighteen thousand dollars. The 
governor is authorized to draw his warrant for the sum out of any money in 
the treasury not otherwise appropriated. 

56:22 Land Disclosure. There is hereby appropriated tthe following 
sum for fiscal year 1971 to be expanded by the attorney general for the 
following purpose: 

Implementation of RSA 356-A: 
Assistant attorney general 
Permanent personnel: 
1 Legal steno II 

Equipment: 
Desks and chairs (2) 
Typewriter and stand (1) 
File cabinets 

Current expenses 
Enforcement expenses 

Travel: 
In-state 
Out-of-state 

Total $32,570 





$15,226 




5,309 


$700 
535 
600 


1,835 




2,000 
5,000 


2,000 
1,200 


3,200 



152 Chapter 56 [1970 

The governor is authorized to draw his warrant out of any money in the 
treasury not otherwise appropriated. 

56:23 State Prison. The sum of fifty thousand dollars is appropriated 
for the purpose of converting the heating system at the state prison from 
coal to oil. The sum hereby appropriated shall be expended by the trustees 
of the state prison. 

56:24 Bonds Authorized. To provide funds for the appropriation made 
in the preceding section of this act the state treasurer is hereby authorized 
to borrow upon the credit of the state not exceeding the sum of fifty thou- 
sand dollars and for said purpose may issue bonds and notes in the name 
and on behalf of the state of New Hampshire in accordance with the pro- 
visions of RSA 6-A. 

56:25 Payments. The payment of principal and interest on bonds and 
notes authorized in the preceding section of this act shall be made when 
due from the general fund of the state. 

56:26 Transfer of Personnel. Amend in the appropriation for depart- 
ment of resources and economic development: I. Chapter 368:4 Laws of 
1969, by reducing Permanent Personal Services under Division of Economic 
Development, Vacation travel promotion from 83,643 to 76,618; II. Chapter 
368:4 Laws of 1969, by increasing Permanent Personal Services under Office 
of Commissioner, Administration, warehouse and graphic arts from 147,- 
845 to 154,870. This paragraph authorizes the transfer of the position of 
Publicity Writer from the Division of Economic Development to the Office 
of Commissioner as Administrative Assistant; III. Chapter 368:4 Laws of 
1969, by reducing Permanent Personal Services under Office of Commis- 
sioner, Design, development and maintenance from 111,614 to 101,659; 
IV. Chapter 368:4 Laws of 1969, by increasing Permanent Personal Services 
under Division of Parks, Administration from 38,478 to 48,703. This para- 
graph authorizes the transfer of the position of Landscape Architect from 
the Office of Commissioner to Division of Parks. 

56:27 Welfare Escrow Account. The amount of forty-six thousand nine 
hundred fifty-four dollars and ninety cents of additional welfare funds 
placed in a separate account by action of the governor and council on De- 
cember 17, 1969, shall be transferred to the general fund. 

56:28 Lapse of Dual Enrollment and Child Benefit Services Appropria- 
tions. Amend section 3 and section 5 of An Act permitting a school district 
to provide child benefit services to pupils in public and nonpublic schools; 
providing for state grants to districts having dual enrollment, or child 
benefit services; providing for state guarantees of building costs to districts 
having dual enrollment or whose enrollment in public schools has in- 
creased by at least ten percent or more in any one year; increasing the 
state guarantee of building costs to cooperative school districts; continuing 
the nonpublic school study commission; and making appropriations for 
all the above, passed by the 1970 special session of the general court by 
striking out said sections and inserting respectively in place thereof the 
following: 



1970] Chapters? 153 

51:3 Appropriation; Dual Enrollment. There is hereby appropriated the 
sum of six hundred thousand dollars for the purposes of section 2 of this 
act. This sum shall lapse on June 30, 1971. The governor is authorized to 
draw his warrant for said sum out of any money in the treasury not other- 
wise appropriated. 

51:5 Appropriation; Services. There is hereby appropriated the sum of 
seven hunched thousand dollars for the purposes of section 4 of this act. 
This sum shall lapse on June 30, 1971. The governor is authorized to draw 
his warrant for said sum out of any money in the treasury not otherwise 
appropriated. 

56:29 Effective Date. This act shall take effect upon its passage except 
section 21 shall take effect on January 1, 1971. 
[Approved May 4, 1970.] 

[Effective date May 4, 1970, except section 21 shall take effect January 1, 
1971.] 



CHAPTER 57. 



AN ACT MAKING AMENDMENTS TO THE BUSINESS PROFITS TAX AND THE ACT 
IMPOSING A TAX ON CERTAIN INCOME. 

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

57:1 Tobacco Tax Discount. Laws of 1970, chapter 5, section 11 lower- 
ing the discount on tobacco tax stamps is hereby repealed. 

57:2 Establishing a Director of Business Profits Tax. Amend RSA 
77-A:15, I as inserted by 1970, 5:1 by striking out said paragraph and in- 
serting in place thereof the following: I. The commission shall administer 
the provisions of this chapter. A business profits tax division is created in 
the tax commission. The commission shall, subject to the approval of gov- 
ernor and council, appoint a director and deputy director of the business 
profits tax division who shall be unclassified employees and who shall ser^'e 
at the pleasure of the commission. The director shall have such powers, 
duties, and functions as the commission may from time to time assign, pro- 
vided however, that the commission may not delegate the power to deter- 
mine adjustments imder RSA 77-A:13. The deputy director shall perform 
the duties assigned to him by the director. The commission, as authorized 
by the governor and council, may employ, subject to the personnel statutes, 
such additional technical, clerical, and other personnel necessary to carry 
out the provisions of this chapter. The director, subject to the approval of 
the commission, is authorized to equip the division with furniture, equip- 
ment and supplies and to incur such other expenses necessary to administer 
the division. 

57:3 Compensation of Director. Amend RSA 94:1 (supp) as amended 
by inserting in proper alphabetical order lines reading as follows: 

Deputy director, business profits tax 17,690 22,204 

Director, business profits tax 20,000 25,400 



154 Chapters? [1970 

57:4 Compensation. Amend RSA 94:l-a (supp) as inserted by 1969, 
500:12 by inserting in proper alphabetical order lines reading as follows: 

Deputy director, business profits tax 17,690 22,204 

Director, business profits tax 20,000 25,400 

57:5 Limiting the Authority to Administer Oaths Relative to Business 
Profits Tax. Amend RSA 77-A:15, V as inserted by 1970, 5:1 by striking 
out the words "examination, investigation or" in the first sentence thereof 
so that said paragraph as amended shall read as follows: V. The commission 
may take the oath of any person in the course of any hearing authorized by 
this chapter. In connection with hearings, the commission and taxpayer 
have the power to compel attendance of witnesses and the production of 
books, records, papers, vouchers, accounts or other documents. The com- 
mission and taxpayer may take the depositions of witnesses residing within 
or without the state pertaining to a matter under this chapter, in the same 
way as depositions of witnesses are taken in civil actions in the superior 
court. Fees of witnesses are the same as those allowed to witnesses in the 
superior court and in the case of witnesses summoned by the commission 
shall be considered as an expense of administration of this chapter. 

57:6 Date for Payment of Business Profits Tax. Amend RSA 77-A:7 
as inserted by 1970, 5:1 by inserting before the last sentence the following 
(If the taxpayer is exempted from filing a declaration by RSA 77-A:6, II 
the tax, if any, is due and payable at the time the return required by RSA 
77-A:6, I is filed.) so that said section as amended shall read as follows: 

77-A:7 Payments. One quarter of the taxpayer's estimated business 
profits tax for the subsequent taxable period is due and payable at the time 
the taxpayer files the declaration required in RSA 77-A:6, II; one quarter 
is due and payable three months thereafter; one quarter is due and payable 
six months thereafter; and one quarter is due and payable nine months 
thereafter. If the return required by RSA 77-A:6, I, shows an additional 
amount to be due, such additional amount is due and payable at the time 
the return is filed. If such return shows an overpayment of the tax due, the 
commission shall refund such overpayment to the taxpayer or shall allow 
the taxpayer a credit against a subsequent payment or payments due, to 
the extent of the overpayment, at the taxpayer's option. If the taxpayer is 
exempted from filing a declaration by RSA 77-A:6, II the tax, if any, is 
due and payable at the time the return required by RSA 77-A:6, I is filed. 
Taxes not paid when due shall bear interest at the rate of ten percent per 
year computed from the due date. 

57:7 Administration of Tax on Certain Income. Amend RSA 77-B:4, 
I as inserted by section 1 of a bill passed by the 1970 session of the general 
court entitled an act imposing a tax on certain income and making an ap- 
propriation therefor, by striking out the same and inserting in place thereof 
the following: 

I. This chapter shall be administered and enforced by the business 
profits tax division of the tax commission subject to the supervision of the 
tax commission. The commission as authorized by governor and council, 
subject to personnel statutes, shall appoint such additional technical, clerical, 
and other personnel as the commission shall deem necessary to carry out 



I 



1970] Chapter 57 155 

the provisions of this chapter. The director of the business profits tax divi- 
sion shall have such powers, duties and functions in the enforcement of this 
chapter as the commission may from time to time assign. The director shall 
furnish a bond in an amount set under RSA 93. 

57:8 Eliminating Double Taxation in the Tax on Certain Income. 

Amend the bill passed by the 1970 session of the general court entitled an 
act imposing a tax on certain income and making an appropriation therefor, 
as follows: 

Amend RSA 77-B:l, VI as inserted by section 1 of the bill by striking 
out in line three the word "and" and by inserting in line four after the word 
"dollars" the words (and less any taxable business profits taxed pursuant 
to the business profits tax) so that said paragraph as amended shall read as 
follows: 

VI. "New Hampshire taxable income" shall mean, for any taxable year, 
taxable income as defined under the United States internal revenue code in 
effect for that taxable year less any New Hampshire derived income, less an 
exemption of two thousand dollars and less any taxable business profits 
taxed pursuant to the business profits tax. 

Amend RSA 77-B:l, X (c) as inserted by section 1 of the bill by in- 
serting in line five after the word "section" the words (nor any taxable 
business profits taxed pursuant to the business profits tax) so that said 
paragraph as amended shall read as follows: 

(c) income derived from every business, trade, occupation or profes- 
sion of the taxpayer to the extent that the business, trade, occupation or 
profession is carried on within the state. But New Hampshire derived in- 
come shall not include any income excluded from adjusted gross income as 
defined in this section nor any taxable business profits taxed pursuant to the 
business profits tax. 

57:9 Limiting the Authority to Administer Oaths Relative to an Act 
Imposing a Tax on Certain Income. Amend RSA 77-B:25, I as inserted by 
an act imposing a tax on certain income passed by the 1970 session of the 
general court by striking out said paragraph and inserting in place thereof 
the following: 

I. The commission may take the oath of any person in the course of any 
hearing authorized by this chapter. In connection with hearings, the com- 
mission and taxpayer have the power to compel attendance of witnesses and 
the production of books, records, papers, vouchers, accounts or other docu- 
ments. The commission and taxpayer may take the depositions of witnesses 
residing within or without the state pertaining to a matter under this chap- 
ter, in the same way as depositions of witnesses are taken in civil actions in 
the superior court. Fees of witnesses are the same as those allowed to wit- 
nesses in the superior court and in the case of witnesses summoned by the 
commission shall be considered as an expense of administration of this 
chapter. 

57:10 Refund o£ Tax. Amend RSA 77-B:7 as inserted by an act impos- 
ing a tax on certain income passed by the 1970 session of the general court 
by striking out the same and inserting in place thereof the following: 



156 Chapters? [1970 

77-B:7 Returns and Refunds of Individuals. 

I. A taxpayer shall file a return of his net income for such a period and 
on such accounting basis as is authorized under the internal revenue code. 
For each taxable year, returns shall be made to the commission in such 
form and manner and to such extent as it shall prescribe by legulations, by 
the following taxpayers: 

(a) A resident having for such taxable year any New Hampshire tax- 
able income as defined in RSA 77-B:l; provided, however, that if it shall 
appear to the satisfaction of the commission that any residents of this state, 
or class of residents of this state, who are subject to the tax imposed by this 
act, are liable for tax upon the same income under the law imposed for the 
taxable year by another state and are thereby entitled to a credit allowed 
by section 2 of this chapter against the tax otherwise due under this chap- 
ter, the commission shall by regulation relieve such residents or class of 
residents from being required to make any return under this chapter. 

(b) A nonresident having for such taxable year New Hampshire de- 
rived income of two thousand dollars or more. 

II. A husband and wife may make a single joint return to the commis- 
sion for a taxable year for which such a return is filed under the laws of the 
United States. If the taxpayer is unable to make his own return, the return 
shall be made by a duly authorized agent or by the guardian or other per- 
son charged with the care of the person or property of such taxpayer. 

III. Whenever a taxpayer shall file a return which shows that his with- 
holding tax or estimated tax exceeds the amount of tax liability due under 
this chapter, he shall be due a refund and the tax commission shall forth- 
with certify the amount of said refund to the state treasurer who shall pay 
the same to the taxpayer; provided, however, that at the option of the tax- 
payer, said refund may be credited against any tax due from said taxpayer 
for the succeeding calendar year. 

IV. Any refund or credit due a taxpayer pursuant to paragraph III for 
which said refund or credit is not requested within five years shall be 
deemed the property of the state of New Hampshire. 

57:11 Withholding of Tax. Amend RSA 77-B:10 as inserted by an act 
imposing a tax on certain income passed by the 1970 session of the general 
court by striking out said section and inserting in place thereof the follow- 
ing: 

77-B:10 Who Must Withhold. Every employer, as defined under the 
laws of the United States in effect April 26, 1947, with respect to income tax 
collected at its source, employing any person liable for a tax pursuant to 
the provisions of this chapter shall deduct and withhold upon wages paid 
to said employee, a tax equal to four percent of such wages subject to the 
provisions of RSA 77-B:13. 

57:12 Repeal of Tax on Forest Products. RSA 73:11, 12, 13, 14, 15, 

and 16 relative to a tax on forest products is hereby repealed as of March 
31, 1970. 

57:13 Return to Cities and Towns. Amend RSA 31-A:2 (supp) as in- 
serted by 1970, 5:16 by inserting in line ten after the letters and numerals 



1970] Chapters? 157 

"RSA 73:26" the words (the tax on forest products under RSA 73:11 through 
16 inclusive) so that saicl section as amended shall read as follows: 

31-A:2 Calculation and Certification of Basis for Return of Revenue. 

Prior to October 1, 1970 the tax commission shall calculate and certify to 
the state treasurer the amounts collected by each city and town under 1969 
assessments of the following taxes: the tax on machinery under RSA 72:7; 
the tax on stock in trade under RSA 72:15, I; the tax on neat stock under 
RSA 72:15, V; the tax on poultry under RSA 72:15, VII; the tax on motor 
vehicle fuel pumps and tanks under RSA 72:15, VIII; the tax on certain 
machinery under RSA 72:15, IX; the tax on domestic rabbits under RSA 
72:15, X; the tax on fur bearing animals under RSA 72:16; the tax on 
portable mills under RSA 72:17; the tax on studhorses and jackasses under 
RSA 73:26; the tax on forest products under RSA 73:11 through 16 in- 
clusive. 

57:14 Debt Limits. Amend RSA 33:4-b (supp) as inserted by 1955, 
329:1 and amended by 1957, 120:4; 1959, 209:4 and 1970, 5:6 by striking 
out the same and inserting in place thereof the following: 33:4-b Debt 
Limit; Computation. The debt limitations hereinbefore prescribed, except 
for counties, shall be based upon the applicable last locally assessed valua- 
tion of the municipality as last equalized by the tax commission, and shall 
include the equalized value of property formally taxed pursuant to the 
provisions of RSA 72:7; 72:15, I, V, VII, VIII, IX, X, and XI; 72:16; 72:17; 
73:26; 73:27 and 73:11 through 16 inclusive, all as amended, which were 
relieved from taxation by 'An Act imposing a business profits tax, repealing 
certain taxes, providing transitional measures, revising the rate of certain 
taxes, and providing for return of revenue to cities and towns,' enacted by 
the 1970 special session of the general court, as amended, as determined un- 
der the provisions of RSA 71:11, V, as amended. Whenever several munici- 
palities possessing the power to incur indebtedness cover or extend over 
identical territory, each such municipality shall so exercise the power to 
incur indebtedness under the foregoing limitations so that the aggregate 
net indebtedness of such municipalities shall not exceed nine and seventy- 
five hundredths (9.75) percent of the valuation of the taxable property as 
hereinbefore determined, except as provided for cooperative school districts 
under RSA 195:6. A written certificate of the tax commission, signed by any 
member thereof, shall be conclusive evidence of the base valuation of muni- 
cipalities for computing debt limits hereunder. 

57:15 Equalization. Amend RSA 71:11, V (supp) as amended by 1957, 
102:1; 1967, 327:2; and 1970, 5:7 by striking out the same and inserting in 
place thereof the following: V. Equalization. In every even-numbered year 
to equalize the valuation of the property in the several towns, cities and un- 
incorporated places in the state by adding to or deducting from the aggre- 
gate valuation of the property as assessed in towns, cities and unincorpo- 
rated places such sums as will bring such valuations to the true and market 
value of said property, including the equalized value of property formerly 
taxed pursuant to the provisions of RSA 72:7; 72:15, I, V, VII, VIII, IX, X, 
and XI; 72:16; 72:17; 73:26; 63:27 and 73:11 through 16 inclusive, all as 
amended, which were relieved from taxation by 'An Act imposing a busi- 
ness profits tax, repealing certain taxes, providing transitional measures. 



158 Chapter 58 [1970 

revising the rate of certain taxes, and providing for return of revenue to 
cities and towns/ enacted by the 1970 special session of the general court, 
as amended, the equalized valuation of which is to be determined by the 
amount of revenue returned in such year in accordance with RSA chapter 
31-A, and by making such adjustments in the value of other property from 
which the towns, cities and vmincorporated places receive taxes as may be 
equitable and just, so that any public taxes that may be apportioned among 
them shall be equal and just as between them. 

57:16 Transfer of Office of Planning Funds. Amend section 2 of an act 
transferring the office of planning to the governor's office passed by the 1970 
session of the general court by striking out the same and inserting in place 
thereof the following: 53:2 Transfer of Funds. All monies appropriated to 
the office of planning and research, division of economic development, de- 
partment of resources and economic development and all monies available 
to it from any source is hereby transferred to the office of state planning, in 
the office of the governor, except for those monies appropriated by the 
budget of said department for the aforementioned positions of two resources 
planners, this money is hereby transferred to the office of commissioner, 
department of resources and economic development. 

57:17 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 58. 

JOINT RESOLUTION NAMING THE DAVID WAYNE HILDRETH DAM. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

The dam designated site number two, on Berry Brook, on the Baker 
River Soil Conservation Project in the town of Warren, Grafton County 
is named David Wayne Hildreth Dam and the department of water re- 
sources is directed to obtain and affix an appropriate plaque to said dam 
evidencing the same. Suitable public dedication services shall be held July 
4, 1970 by the Warren Old Home Day Committee and a copy of this reso- 
lution shall be transmitted to the family of David Wayne Hildreth. 
[Approved April 16, 1970.] 



CHAPTER 59. 



JOINT RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE INTEREST AND 
DIVIDENDS TAX DIVISION OF THE STATE TAX COMMISSION. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

The sum of nine thousand two hundred and four dollars is hereby 
appropriated for the fiscal year ending June 30, 1970 to be expended by 



1970] Chapter 60 159 

the state tax commission for the salary and equipment for an additional 
tax forms examiner, an additional machine operator and for additional 
expenses in the interest and dividends tax division as follows: 

Tax forms examiner $800.00 

Machine operator 1,150.00 

Secretarial desk 160.00 

Secretarial chair 40.00 

Typewriter 500.00 

1 Calculator 600.00 

2 Filing cabinets 160.00 
Key tape device 450.00 
Machine time rental 1,344.00 
Contract programming 4,000.00 

Total $9,204.00 

The sum of nineteen thousand four hundred and seventy-five dollars 
is hereby appropriated for the fiscal year ending June 30, 1971 to be ex- 
pended by the state tax commission for additional expenses for the interest 
and dividends tax division as follows: 

Tax forms examiner $5,555.00 

Key tape device 2,160.00 

Computer rental 6,240.00 

Machine operator 5,520.00 

Total $19,475.00 

The governor is authorized to draw his warrant for the sums hereby 
appropriated out of any money in the treasury not otherwise appropriated, 
[Approved April 28, 1970.] 



CHAPTER 60. 



JOINT RESOLUTION ESTABLISHING A COMMITTEE TO STUDY POLLUTION PROBLEMS 
FROM THE HANDLING OF OIL, GAS AND PETROLEUM PRODUCTS WITHIN THE TER- 
RITORIAL WATERS OF THE STATE OF NEW HAMPSHIRE AND 
RECOMMENDING LEGISLATION TO IMPLEMENT THE SAME. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

There is hereby established a committee to study the problem of pol- 
lution within the territorial waters of the state, resulting from the handling, 
transhipment, loading or unloading of oil, gas and petroleum products by 
ocean vessels, or by shore installations. The committee shall consist of eight 
members: five shall be members of the house, appointed by the speaker, 
three shall be members of the senate, appointed by the president. The ap- 
pointees shall include the respective chairmen of the house and senate 
committees on resources, recreation and development. The committee shall 



160 Chapter 61 [1970 

elect a chairman, vice chairman and clerk from its members. The committee 
shall study in depth the present and potential danger to coastal and inland 
waters from contamination by oil, gas, and petroleum products and recom- 
mend means for controlling and safely handling these contaminants. They 
shall hold public hearings in the course of their study to receive testimony 
and information as often and where they see fit. They shall report to the 
general court on or before January 15, 1971, with their recommendations, 
including any proposed legislation for fixing duties, responsibilities and 
liabilities of vessels and land based facilities handling oil, gas, and petrole- 
um products. They shall also recommend means of financing the enforce- 
ment of such legislation. 
[Approved April 28, 1970.] 



CHAPTER 61. 



JOINT RESOLUTION ESTABLISHING A COMMISSION TO RECOMMEND CHANGES 
IN THE COUNCILOR DISTRICTS. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

There is hereby established a commission to study and to make recom- 
mendations relative to redistricting the five councilor districts based on the 
1970 federal census that they may conform to all statutory and constitu- 
tional requirements. Said commission shall be composed of ten members. 
The speaker of the house shall appoint five members of the house of repre- 
sentatives, one from each councilor district and of said five members two 
shall be members of the minority party. The president of the senate shall 
appoint five members of the senate, one from each councilor district and of 
said five members two shall be members of the minority party. To accom- 
plish its purposes as provided herein the commission shall have full author- 
ity to accept any available assistance in its work and to employ such assis- 
tants as it may deem necessary and shall have full power and authority to 
request information from all governmental departments and agencies. Fur- 
ther, the said commission is hereby authorized to apply for and receive for 
expenditure for the purposes of this resolution any federal or private gifts 
or grants as the same may become available and such private funds when 
received shall be deemed a contribution to the state for a public purpose 
within the meaning of any federal or state laws relative to tax exemptions. 
It shall make a report of its findings and recommendations to the general 
court not later than January 15, 1971. 
[Approved May 4, 1970.] 



1970] Chapter 62 161 

PRIVATE ACTS 
CHAPTER 62. 

AN ACT VALIDATING THE MARRIAGE OF ALFRED AND MARIE-ANNE LANGLOIS. 

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

62:1 Marriage Validated. Notwithstanding any statute to the contrary, 
Alfred Langlois and Marie-Anne Langlois of Berlin, New Hampshire who 
have lived together as husband and wife since October 15, 1928, are hereby 
declared to be legally married, and to have been legally married since Oc- 
tober 15, 1928. Any issue of Alfred Langlois and Marie-Anne Langlois are 
hereby declared to be legitimate. 

62:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved April 2, 1970.] 
[Effective date June 1, 1970.] 



CHAPTER 63. 



AN ACT RELATIVE TO RETIREMENT CREDITS FOR TERESA B. DEMARAIS 
AND PAUL HARTIGAN. 

Whereas, Teresa B. Desmarais had been a member of the state employ- 
ees retirement system and had been allowed prior service credit and 

Whereas, she left the employ of the city of Portsmouth and had with- 
drawn her contributions in 1954 but then returned to employment by the 
city of Portsmouth in 1956 and joined the state retirement system in 1961 
and 

Whereas, Paul Hartigan, a member of the policemen's retirement sys- 
tem, left state service in 1961, but returned to state service in 1965 and again 
joined the police retirement system, now therefor 

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

63:1 Retirement Credit. Notwithstanding any provisions of RSA 100 
Teresa B. Demarais shall be entitled to receive retirement credit for all 
prior service in the employ of the city of Portsmouth provided she elects 
to make all payments to the state employees retirement system which she 
would have been required to make had she not withdrawn as a member 
of said system and had she joined the system in 1956 and provided the city 
of Portsmouth makes the necessary contributions to cover said periods. 

63:2 Repeal. The provisions of 1969, 615:2, relative to the said Teresa 
B. Demarais, are hereby repealed. 

63:3 Retirement Credits. Notwithstanding any provisions of RSA 103 
Paul Hartigan shall be entitled to receive retirement credit for his prior 



162 Chapter 64 [1970 

service for the state from January 3, 1955, to October 27, 1961, provided 
he elects to make all payments to the policemen's retirement system which 
he would have been required to make had he not withdrawn from said 
system. 

63:4 Effective Date. This act shall take effect upon its passage. 
[Approved April 21, 1970.] 
[Effective date April 21, 1970.] 



CHAPTER 64. 



AN ACT RELATIVE TO THE DATES FOR THE COLLECTION OF TAXES IN THE CITY 
OF PORTSMOUTH AND PROVISIONS FOR A REFERENDUM VOTE THEREON. 

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

64:1 City of Portsmouth. Notwithstanding any general provisions of 
law the collection of taxes in the city of Portsmouth shall be governed by 
the following provisions: 

I. Taxes assessed as of April 1, 1970, are to be due and payable on or be- 
fore December 1, 1970. Taxes assessed as of April 1, 1970 shall be assessed 
for a single eighteen month accounting period running from January 1, 
1971, to June 30, 1972. The city shall budget its receipts and expenditures, 
raise and appropriate revenues on the basis of said single eighteen month 
period. Taxes for said eighteen month period are to be paid as follows: 
On June 1, 1971, a payment on the taxes for said period shall be due and 
payable which will equal one-half the amount of taxes paid on the 1970 
assessment, if any; a second payment shall be due and payable on or before 
December 1, 1971, which will be equal to two-thirds of the assessment made 
for April 1, 1971, less the amount of the payment due June 1, 1971; and 
the balance of the taxes due on the then current assessment shall be due 
and payable on or before June 1, 1972. Taxes assessed as of April 1, 1972, 
and in all subsequent years shall be due and payable as follows: One-half 
on or before December 1, 1972, and one-half on or before June 1, 1973. 

II. Interest. Interest at six percent on taxes assessed in the city of Ports- 
mouth as provided in paragraph I shall be charged upon all taxes, ex- 
cept poll taxes, not paid on or before the due date as set forth in said para- 
graph I, which shall be collected from that date with the taxes as incident 
thereto. 

64:2 Referendum. This act shall not take effect unless it is adopted 
by a majority vote of th'ose present and voting at a special municipal meet- 
ing in the city of Portsmouth to be warned to be held on November 3, 1970, 
as hereinafter provided. For said special municipal meeting the city clerk 
then in office shall prepare a special ballot with the following question 
thereon: "Shall the provisions of an act relative to the dates for collection 
of taxes in the city of Portsmouth, as enacted by the 1970 special session of 
the general court, be adopted?" Beneath this question shall be printed the 
word "Yes" and the word "No" with a square immediately opposite each 



1970] Chapter 65 163 

such word in which the voter may indicate his choice. The referendum shall 
be conducted in every way, except as otherwise herein provided, in the same 
way as the election of officers. If a majority of those present and voting on 
this question vote in the affirmative, this act shall be declared to have been 
adopted. Within ten days after said referendum the city clerk shall certify 
to the secretary of state the results of said vote. 

64:3 Effective Date. The provisions of section 2 shall take effect upon 
the passage of this act and if the act is adopted at the special municipal 
meeting in November, 1970, the remainder of this act shall take effect as of 
said date of adoption. 
[Approved April 28, 1970.] 

[Effective date. Section 2 effective on April 28, 1970; remainder of act effec- 
tive if act adopted at special meeting in November 1970.] 



CHAPTER 65. 



AN ACT LEGALIZING THE PROCEEDINGS AT THE TOWN MEETING OF MARCH 10, 1970 
IN THE TOWN OF GOSHEN. 

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

65:1 Proceedings Legalized. The votes and proceedings of the annual 
town meeting on March 10, 1970, in the town of Goshen, including but not 
limited to the vote on the adoption of the zoning ordinance as proposed 
by the planning board, are hereby legalized, ratified and confirmed. 

65:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



CHAPTER 66. 



AN ACT LEGALIZING THE ANNUAL TOWN MEETING OF THE TOWN OF 
GILMANTON HELD MARCH 10, 1970. 

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

66:1 Proceedings Legalized. All the votes and proceedings at the an- 
nual town meeting held in the town of Gilmanton on March 10, 1970 are 
hereby legalized, ratified and confirmed. 

66:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



164 Chapter 67 [1970 

CHAPTER 67. 

AN ACT LEGALIZING THE ANNUAL MEETING HELD MARCH 10, 1970 IN THE TOWN OF 

EASTON 

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

67:1 Proceedings Legalized. The votes and proceedings, including 
but not limited to votes on a zoning ordinance, at the annual town meeting 
in the town of Easton, held March 10, 1970, are hereby legalized, ratified 
and confirmed. 

67:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



CHAPTER 68. 

AN ACT RELATIVE TO THE COOPERATIVE SCHOOL DISTRICT NO. 1 OF THE TOWN OF 
DERRY AND LEGALIZING THE SCHOOL DISTRICT MEETINGS OF THE TOWNS OF 
EASTON, FRANCONIA, AND SUGAR HILL AND LEGALIZING THE FORMATION OF 
THE LAFAYETTE REGIONAL SCHOOL DISTRICT, AND DISSOLVING THE CHAR- 
TER OF THE DANIEL WEBSTER JUNIOR COLLEGE AND TRANSFERRING ALL 
ITS RIGHTS AND DEGREE GRANTING AUTHORITY TO 
NEW ENGLAND AERONAUTICAL INSTITUTE. 

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

68:1 Foundation Aid. The Cooperative School District No. 1 of the 
town of Derry shall receive and be credited with the total amount of state 
aid, provided by RSA 198:8, 9, 10, 10-a and 10-b to which pupils attending 
the cooperative district would have entitled the pre-existing districts, had 
they remained in the pre-existing districts. 

68:2 Proceedings Legalized. All the votes and proceedings of the an- 
nual school meetings March 5, 1970 of the Easton, Franconia and Sugar 
Hill school districts are hereby legalized, ratified and confirmed, including 
but not limited to the adoption of the articles of agreement of the Lafay- 
ette Regional School District. 

68:3 Legalizing the Formation of the Lafayette Regional School Dis- 
trict. All actions, votes and proceedings taken to organize the Lafayette 
Regional School District pursuant to RSA 195 as amended, are hereby 
legalized, ratified, and confirmed. 

68:4 Corporation Dissolved; Name and Degree Granting Authority 
Transferred. The charter of the Daniel Webster Junior College, a volun- 
tary corporation formed under the provisions of RSA 292 is hereby repealed 
pursuant to RSA 292:22 and the corporation thereby dissolved. The name 
"Daniel Webster Junior College" together with all rights to use the same is 



1970] Chapter 69 165 

hereby transferred to the New England Aeronautical Institute. All degree 
granting authority of the said Daniel Webster Junior College as provided 
in Laws of 1969, 552:1 is hereby transferred to the New England Aeronau- 
tical Institue. 

68:5 Effective Date. This act shall take effect upon its passage. 
[Approved April 28, 1970.] 
[Effective date April 28, 1970.] 



CHAPTER 69. 

AN ACT TO LEGALIZE CERTAIN MEETINGS OF THE RYE BEACH VILLAGE DISTRICT. 

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

69:1 Proceedings Legalized. The votes and proceedings, including but 
not limited to any votes on zoning ordinances or amendments to any zoning 
ordinances, taken at the meetings of the Rye Beach Village District held 
as follows: (1) on September 24, 1937, (2) held on September 10, 1957, and 
(3) held on September 11, 1963, are hereby legalized, ratified and confirmed. 

69:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 70. 



AN ACT LEGALIZING THE ANNUAL TOWN MEETING OF MARCH 10, 1970, IN THE 
TOWN OF HUDSON AND CERTAIN SPECIAL AND REGULAR TOWN MEETINGS IN THE 

TOWN OF LITCHFIELD. 

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

70:1 Proceedings Legalized. The votes and proceedings at the annual 
town meeting of March 10, 1970, in the town of Hudson are hereby legal- 
ized, ratified, and confirmed. 

70:2 Proceedings Legalized. The votes and proceedings including but 
not limited to any votes relative to the non expansion of mobile home parks, 
taken at the special town meeting of the town of Litchfield held on June 
5, 1965 and the regular annual meetings of the town of Litchfield held as 
follows: (1) on March 8, 1966, (2) on March 14, 1967, (3) on March 12, 1968, 
(4) on March 11, 1969 and (5) on March 10, 1970, are hereby legalized, rati- 
fied and confirmed. 

70:3 Effective Date. This act shall take effect upon its passage. 

[Approved May 4, 1970.1 
[Effective date May 4, 1970.] 



166 Chapter 71 [1970 

CHAPTER 71. 

AN ACT RELATIVE TO SICK LEAVE FOR EMPLOYEES OF THE CITY OF MANCHESTER. 

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

71:1 The City of Manchester. Amend section 1 of chapter 291 of the 
Laws of 1943 by striking out said section and inserting in place thereof the 
following: 1. City of Manchester. Annual accumulative sick leave for per- 
manent municipal and school district employees shall be determined by the 
board of mayor and aldermen and the board of school committee respec- 
tively. Such sick leave shall not lapse. 

71:2 Referendum. This act shall not take effect unless it is adopted 
by a majority vote of the legal voters of the city of Manchester at a special 
meeting of said city held on November 3, 1970. A warrant shall be posted 
calling for said meeting. The city clerk shall prepare a special ballot for said 
meeting with the following question thereon: "Shall the provisions of an 
act relative to sick leave for employees of the city of Manchester, as enacted 
by the 1970 session of the general court be adopted?" Beneath this question 
shall be printed the word "yes" and the word "no" with a square immediate- 
ly opposite each such word, in which the voter may indicate his choice. If a 
majority of those present and voting on the question vote in the affirmative 
on this question this ast shall be declared to have been adopted. The city 
clerk of Manchester shall certify to the secretary of state the result of said 
vote. 

71:3 Effective Date. Section 2 of this act shall take effect upon its pas- 
sage, and if the act is adopted at the meeting of November 3, 1970, the re- 
mainder of the act shall take effect December 1, 1970. 
[Approved May 4, 1970.] 

[Effective date, Section 2 shall take effect May 4, 1970, and if the act adopted 
at meeting of November 3, 1970, remainder of act shall take effect December 
1, 1970.] 



CHAPTER 72. 



AN ACT LEGALIZING THE PROCEEDINGS AT THE TOWN MEETING OF MARCH 10, 1970 

IN THE TOWN OF DANVILLE AND LEGALIZING A VOTE RELATIVE TO BOND ISSUE AT 

THE ANNUAL MEETING OF MARCH 30, 1970 OF CONWAY VILLAGE FIRE DISTRICT. 

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

72:1 Proceedings Legalized. The votes and proceedings of the annual 
town meeting on March 10, 1970, in the town of Danville, including but 
not limited to the votes on the adoption of the zoning ordinances as pro- 
posed by the planning board, are hereby legalized, ratified and confirmed. 

72:2 Conway Village Fire District. The vote passed on March 30, 1970 
at the annual meeting of the Conway Village Fire District whereby the 



1970] Chapter 73 167 

district authorized the issue of four hundred eighty-five thousand dollar 
bonds or notes under the municipal finance act to finance the construction 
of a municipal sewage disposal system is hereby legalized, ratified and con- 
firmed in all respects. 

72:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



CHAPTER 73. 

AN ACT PROVIDING FOR A BOARD OF REGISTRARS FOR THE CITY OF NASHUA. 

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

73:1 Board of Registrars, City of Nashua. Amend Laws of 1913, 427 
part I by striking out sections 29 and 29-a, as inserted by 1969, 627:28 and 
inserting in place thereof the following new sections: 

Board of Registrars 

Sect. 29. The mayor, subject to confirmation of the board of aldermen, 
shall appoint three voters of Nashua, who shall constitute a board of regis- 
trars of voters. No more than two members of the board shall be members 
of the same political party. On or before January first the mayor shall ap- 
point one registrar for a term of three years beginning January 1, provided 
that for the first appointments hereunder one shall be appointed for a term 
of three years, one for a term of two years and one for a term of one year. 
Each of said registrars shall hold office until his successor is appointed and 
has qualified. The board of registrars shall annually elect one of its members 
as chairman and one as clerk. 

Sect. 29-a. If upon written complaint to the mayor it shall appear, 
after notice and hearing, that a registrar of voters has ceased to be a mem- 
ber of the political party which he was appointed to represent, the mayor 
shall remove him from office and appoint another in his stead with the ap- 
proval of the board of aldermen. 

Sect. 29-b. The registrars shall receive such compensation for their ser- 
vices as the board of aldermen may determine. 

Sect. 29-c. No person shall be appointed a registrar or deputy registrar 
who holds any other political office, appointive or elective. 

73:2 Duties. Amend Laws of 1913, 427 part 1 by striking out section 
30 and inserting in place thereof the following new sections: 

Sect. 30. The board of registrars of the city of Nashua is hereby em- 
powered to appoint up to two deputy employees, who may execute any 
instrument required by law to be signed by a member of the board of reg- 
istrars, and in the absence or disability of a member of the board of reg- 
istrars shall perform all of his duties, including the registration of voters. 
The board of registrars are also empowered to appoint such temporary 



168 Chapter 73 [1970 

deputy registrars as they deem necessary. Such deputy registrars shall hold 
office during the pleasure of the board of registrars. 

Sect. 30-a. The said board of registrars or their deputies shall be in 
session at the city hall building, or at such other suitable place as they shall 
designate, for the purpose of registering voters and revising and correcting 
the checklist, during business hours of city hall and at such other times as 
they may designate. 

Sect. 30-b. The registrars shall cause no additions or corrections to 
be made on the checklists after midnight fourteen days prior to election 
day. 

Sect. 30-c. The registrars shall post three complete alphabetical check- 
lists containing the names and addresses of legal voters of said ward in 
each ward in the city not later than thirty days prior to the date on which 
state or municipal, biennial or annual elections are held or any other elec- 
tion at which such checklists are to be used. A corrected checklist shall be 
posted in the same places the day before the election. 

Sect. 30-d. The registrars shall keep records of all persons qualified to 
vote in the city in sufficient detail to identify the voters and their rights 
to vote. To maintain a correct list of voters the registrars may utilize the 
poll and head tax census taken by the city besides all other inquiries and 
information. 

Sect. 30-e. Every qualified person who wishes to become a registered 
voter must apply in person for registration and prove by satisfactory evi- 
dence that he or she is qualified to vote. 

Sect. 30-f. Any person who attempts fraudulently to have his name en- 
tered on the general register shall be liable to a fine not exceeding fifty 
dollars for each such attempt. 

Sect. 30-g. If a person is not qualified to vote on or before the last day 
of registration but who shall clearly be qualified to vote on election day the 
registrars shall enter his name on the checklist on or before the last day 
of registration. 

Sect. 30-h. If a registered voter complains to the registrars in writing 
under oath, fourteen days at least before an election, that the complainant 
believes that a person has been improperly registered, and sets forth the 
reasons for such belief, the registrars shall examine into such complaint. 
If satisfied there is sufficient ground for complaint, the registrars, after 
proper notice and opportunity for all persons concerned to be heard, shall 
rule on said complaint. The board shall have power to subpoena witnesses 
at public expense and to administer oaths. The person against whom such 
complaint is made shall have a right to a public hearing upon demand. 

Sect. 30-i. All records of the board of registrars shall be open to public 
inspection. 

Sect. 30-j. Registrars shall prepare voting lists by wards for use at 
elections and deliver them to the ward election officials before the opening 
of the polls on election day. 

Sect. 30-k. The registrars shall, on the day of an election, give to a 
voter whose name has been omitted from the voting list by error, or whose 
party designation has been incorrectly designated by error, a certificate or 
registration authorizing him to vote. On presentation thereof to the pre- 
siding election officer of the ward in which the voter was registered, he shall 



1970] Chapter 74 169 

be allowed to vote, and his name shall be checked on the certificate, which 
shall be attached to and considered part of the voting list and returned 
and preserved therewith. For this purpose the registrars and/or their depu- 
ties shall be in session at city hall during the hours the polls are open. 

Sect. 30-1. The registrars shall, after the last day for registration for a 
city or state election, certify to the city clerk the number of registered voters 
in the city and in each ward therein. 

Sect. 30-m. Any provisions of the charter of the city of Nashua referring 
to inspectors of checklists, not inconsistent with the provisions of this act, 
shall apply to the board of registrars hereby established. 

73:3 Referendum. At a muncipal meeting to be held in the city of 
Nashua on November 3, 1970, on the same date as the state biennial elec- 
tion is held, under a warrant to be posted therefor, the city clerk shall pre- 
pare a special ballot to be used at said meeting having thereon the following 
question: "Shall the provisions of an act entitled 'An Act providing for a 
board of registrars of voters' as enacted by the 1970 session of the general 
court be adopted?" Opposite this question shall be printed the word "Yes" 
and the word "No" with a square immediately opposite each word, in 
which the voter may indicate his choice. If a majority of the voters present 
and voting on this question shall vote in the affirmative on this question, 
this act shall be declared to have been adopted. The city clerk shall im- 
mediately notify the secretary of state of the results of the vote provided 
for by this section. 

73:4 Effective Date. Section 3 of this act shall take effect upon its pas- 
sage and if the act is adopted at the municipal meeting on November 3, 
1970, the remainder of the act shall take effect as of January 1, 1971 and 
the terms of office of the members of the board of inspectors of the check- 
list elected on the state ballot at the biennial elections held on November 
3, 1970, shall expire as of January 1, 1971. 
[Approved May 4, 1970.] 

[Effective date, Section 3 shall take effect May 4, 1970, and if act adopted at 
Municipal Meeting on November 3, 1970, remainder of act shall take effect 
January 1, 1971.] 



CHAPTER 74. 

AN ACT TO LEGALIZE THE 1970 TOWN MEETING IN THE TOWN OF HAMPTON. 

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

74:1 Proceedings Legalized. The votes and proceedings of the annual 
town meeting on March 10, 1970 in the town of Hampton, including but 
not limited to the vote relative to sale of real estate previously leased, are 
hereby legalized, ratified and confirmed. 

74:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 4, 1970.] 
[Effective date May 4, 1970.] 



INDEX 

A 

Accountancy board, additional appropriation 144 

Administration and control, additional appropriation 69-70, 148 

Aeronautical Institute, New England, degree granting powers 164-165 

Aged 

home for, established at Glencliff 3 

property tax exemptions, statute clarified 129-130 

Agriculture department, authority over Eastern States Exposition state building .... 22-23 

Airports, construction loans for public roads 23-24 

Alcohol and drug abuse program, appropriations 100-103 

Alcoholic beverages, licenses and permits, voluntary nonprofit organizations 64 65 

American Revolution bicentennial commission, life defined and appropriation 150 

Appropriations, additional or special. See: Agency or subject concerned 

Aquatic nuisance control 148-149 

Arts commission, state fund expenditures, restriction repealed 148 

Attorney general 

additional appropriation 151-152 

additional staff 44, 132, 143 

consumer protection division 41, 132 

Attorneys, practice of law by corporations, exception 1 

B 

Belknap county 

attorney, salary set by county convention 98 

commissioners, salary set by county convention 98-99 

register of deeds, salary set by county convention 99 

sheriff, salary set by county convention 99 

treasurer, salary set by county convention 98 

Blind 
aid to needy 

additional appropriation 145 

duties of division of welfare 76 

Blind services, transferred to education dept. from health and welfare dept 74-78 

Blue Cross and Blue Shield building, lease for state office space 69-70 

Bonds 

municipal, water pollution control, state guarantee increased 27 

school districts, state guarantee ' 124-126 

state 

highway construction on Central N. H. turnpike 25 

medical facilities at industrial school 80 

prison heating system conversion 152 

state park system 107-108 

water system expansion. University of N. H 21-22 

towns or districts 

hearing requirements repealed 38-39 

voting by printed ballot repealed 38-39 

Budget director, governor's office, appropriation 19-21 

Business profits tax 5-19 

amendments 153-158 

deductible from commuters income tax 155 

director and deputy director, unclassified employees 153-154 

division, administration of commuters income tax 154-157 

oaths administered only in hearings 154 

C 

Cannon mountain project, additional appropriation 107 

Carroll county 

attorney, salary set by county convention 98 

treasurer, salary set by county convention 98 

171 



172 Index 

Central N.H. turnpike, additional lanes between Hooksett and Concord 25 

Charitable organixations, exempt from inheritance tax 13 

Child benefit services » 

appropriation 122-124 

to lapse June 30, 1971 152-153 

Children 

dependent, aid to families 

additional appropriation 145 

certain appropriations may be transferred 148 

handicapped, additional appropriation 144, 147 

Cities, revenue returned from state to replace repealed taxes 17-18 

Collective bargaining, University of N. H., commission membership 103-104 

College and University Council, N. H., supplies purchased by purchase and property 

director 73 

Conununity mental health services, grant 146 

Commuters income tax 44-52 

administered by business profits tax division 154-155 

amendments 153-158 

oaths administered only in hearings 155 

Comparative negligence, burden of proof 79 

Competition, unfair. See: Unfair trade practices 

Connecticut lakes study, additional appropriation 107 

Consiuner protection division, attorney general's office 41, 132 

Conway village fire district, bond issue vote legalized 166-167 

Coordinator of federal funds, additional appropriation 144 

Corporations, dissolution, prohibited until business profits taxes paid 12 

Cost-of-living adjustment study, state officials and employees Ill 

Councilor districts, redistricting, interim study commission 160 

Counties, highway safety programs 99 

County attorneys 
salaries 

Belknap, set by county convention 98 

Carroll, set by county convention 98 

Coimty commissioners, salaries, Belknap, set by county convention 98-99 

County treasurers 
salaries 

Belknap, set by county convention 98 

Carroll, set by county convention 98 

D 

Daniel Webster Junior College, charter repealed 164-165 

Danville, town of, meeting of 1970 legalized 166 

Data processing 

building design appropriation 69 

department, powers and authority expanded 114-115 

personnel, appropriation 70 

David Wayne Hildreth Dam named, Berry Brook (Warren) 158 

Demarais, Teresa B., retirement credits 161-162 

Derry cooperative school district no. 1, foundation aid 164 

Disabled, aid, additional appropriation 145 

Dredging. See: Excavating 

Drug and alcohol abuse program appropriations 100-103 

Drugs. See: Marijuana 
Dual enrollment 

appropriation 122-123 

to lapse June 30, 1971 152-153 



Eastern States Exposition, state building, operation and management transferred to 

dept. of agriculture 22-23 

Easton sdiool district, meeting in 1970 legalized 164 



Index 173 

Easton, town of, meeting in 1970 legalized 161 

Education 

child benefit services 

appropriation 122-121 

appropriation to lapse June 30, 1971 152-153 

department 

additional appropriation 147 

appropriation for alcohol and drug abuse program 101 

blind services transferred to 74-78 

dual enrollment 

appropriation 122-123 

appropriation to lapse June 30, 1971 152-153 

higher 

and health facilities authority 30-37 

building corporation, name and authority changed to include health facilities . . 30-37 

New England board, appropriation increased 148 

interstate compact 58-64 

special, additional appropriation 147 

state aid, additional appropriation 122-124, 151 

state board, safety and driver education appropriation increased 97 

vocational, additional appropriation 147 

Educational institutions, exempt from inheritance tax 13 

Elderly. See: Aged 

Excavating, waters and wetlands, jurisdiction of water resources board 53-56 

Explosives, purchase, storage and transport license 111-113 

F 

Firemen's retirement system, beneficiary of retirement age member who dies in service 26-27 

Flume disposal system, appropriation 107 

Forest products tax repealed 156 

Foss, Helen M., real estate broker's license issued to 120121 

Foundation aid. See: Education, state aid 

Franconia school district, meeting in 1970 legalized 161 

Frost homestead, appropriation 107 

Fur-bearing animals tax repealed 15 

G 

General court 

fiscal committee, approval of salary adjustments for unclassified positions 110-111 

members, race track work permitted on nonlegislative days 1 

Geriatric facility, Glencliff 34 

Gilmanton, town of, meeting in 1970 legalized 163 

Glencliff sanatorium. See: Sanatorium, state 

Goshen, town of, meeting in 1970 legalized 163 

Governor 

office, appropriation increased 151 

staff and legal counsel 113 

H 

Hampton, town of, meeting in 1969 legalized 169 

Handicapped children, additional appropriation 144, 147 

Hartigan, Paul, retirement credits 161-162 

Health and welfare department, additional appropriation 144-147 

Higher education. See: Education, higher 

Highway safety programs, counties 99 

Highways 

classification, Sutton 72 

construction loans by industrial development authority 23-24 

toll. See: Central N.H. turnpike 



174 Index 

Hildreth, David Wayne, dam named, Berry Brook (Warren) 158 

Historical commission chainnan, advisor to Pierce Brigade 38 

Home for the elderly, N. H 3 

Horses, stud, tax repealed 15 

Hospital, N. H. 

additional appropriation 146-147 

aged patients, transfer 3-4 

Hospitals, higher educational building corporation to include 30-37 

Hudson, town of, meeting in 1970 legalized 165 

Hypodermic instruments, sale regulated 116 

I 

Income tax, nonresidents 44-52 

Industrial areas, construction loans for public roads 23-24 

Industrial development authority 

bond limit increased 24 

construction loans for certain roads 23-24 

Industrial school, medical facilities 79-80 

Inheritance tax 
exemptions 

educational, religious, and charitable organizations 13 

lineal ascendants and lineal descendants 13, 19 

refunds, appropriation 149 

Insurance 

advisory committee 93 

brokers, license term 91 

claims adjusters, license renewals 90-91 

companies, minority interests, acquisition of 81-83 

department, additional personnel 92 

guaranty association, N. H 83-90 

liability, motor vehicles. See: Motor vehicles, liability insurance 

life, group, spouse and dependents may be included 91 

premium taxes 80-81 

Interim commissions and committees 

cost-of-living adjustment study, state officials and employees Ill 

nonpublic school study 126-127 

office space study committee 70 

redistricting councilor districts 160 

territorial water pollution 159-160 

Interstate compacts, education 58-64 

J 

Jackasses, tax repealed 15 

K 

Kearsarge regional school district, road construction by state and town 72 

Keene state college, nonacademic employees, salary increase 110 

L 

Labor organizations. University of N. H. employees 103-106 

Lafayette regional school district legalized 164 

Land sales, full disclosure 131-143 

appeals to superior court 140 

appropriation 151-152 

Langlois, Alfred and Marie-Anne, marriage legalized 161 

Laws. See: Statutes 

Legacy tax. See: Inheritance tax 

Legal counsel to governor, may be appointed 113 



Index 175 

Legislators. See: General court, members 

Licenses 

alcoholic beverages. See: Alcoholic beverages 

explosives, purchase, storage and transport 111-113 

insurance claims adjusters 90-91 

real estate brokers and salesmen 118-120 

discretionary 121 

Litchfield, town of, meetings in 1965-1970 legalized 165 



M 

Machinery tax repealed 13, 15 

Management-employee relations. University of N. H., statute clarified 103-106 

Manchester, city of, employees cumulative sick leave, determined by mayor and 

aldermen 166 

Manchester district court, justices and clerks, salaries 28 

Manchester school district, employees cumulative sick leave, determined by school 

committee 166 

Marijuana, possession of 1 pound, felony 116 

Maternal, child health, and crippled children's services, rehabilitation, additional 

appropriation 144 

Medical facilities, industrial school 79, 80 

Medical referees, fees increased 73 

Mental health division, additional appropriation 145-147 

Mental retardation, community development centers, grant 145 

Mills, portable, tax repealed 15 

Motor vehicle fuel pumps and tanks, tax repealed 15 

Motor vehicles 

certificate of title issued to surviving spouse 67-68 

director, assistant 96 

division, appropriation increased 96-97 

liability insurance 

assigned risks 91 

uninsured motorist coverage 91-92 

number plates 

initial, appropriation increased 94-96 

initial, not limited to passenger cars 96 

multi-year permitted 94 

registration fees, exemption, disabled veterans 106 

registration permits, proof of prior ownership 67-68 

snow traveling. See: Snowmobile section 

Mount Washington conunission, appropriation 107 

Municipal bonds. See: Bonds 

N 

Nashua city of 

board of registrars 167-169 

centralized voter registration 167-169 

Neat stock tax repealed 15 

Negligence, comparative, burden of proof 79 

New England Aeronautical Institute, degree granting powers 164-165 

New England board of higher education, appropriation increased 148 

New England river basins commission, additional appropriation 143-147 

N. H. College and University Council, supplies purchased by director of purchase and 

property 73 

N. H. Reports, distribution 28-29 

N, H. state agencies, names beginning with. See: Distinctive word in name, e. g.. 

Education dept.; Hospital, N. H. 
Nonpublic schools. See: Schools, nonpublic 
Nutfield Heights, Inc., housing for elderly, tax exempt 57 



176 Index 

O 

Obscenity, definition 57-58 

Office space study committee 70 

Old age and survivors insurance, additional appropriation 149 

Old age assistance, additional appropriation 144-145, 149 

Ossipee lake park project, additional appropriation 107 

P 

Pari-mutuel pools, commissions and taxes increased 17 

Parks, state system, planning, additional appropriation 107 

Pawtuckaway reiail)ursement £imd, lapsed into general fund 108 

Physicians, examination and educational requirements 2 

Pierce Brigade 

advised by historical commission chairman 38 

appropriation 37-38 

Planning and research office 

funds transferred to office of state planning 158 

transferred to governor's office as office of state planning 128 

Planning boards. See: Subdivided land 

Plymouth state college, nonacademic employees, salary increase 110 

Poll tax, age limit reduced to 68 127 

Pollution. See: Water pollution; Water supply and pollution control commission. 

Portsmouth, city of, tax collection dates 162-163 

Post Office building, old (Concord), renovation and repairs, funds restricted pending 

further legislation 70 

Poultry tax repealed 15 

Prisons. See: State prison 

Probation board 

5% deduction from support payments repealed 121 

10% service charge on arrearages 121 

Professional associations, attorneys, excepted from corporate practice restrictions 1 

Property tax. See: Taxes 

Public health division 

additional appropriation 144 

appropriation for alcohol and drug abuse program 100-101 

Purchase and property director, may purchase supplies for N. H. College and 

University Council 73 

R 

Rabbits, domestic, tax repealed 15 

Race track, legislators permitted to work on nonlegislative days 1 

Racing, pari-mutuel pools, commissions and taxes increased 17 

Radiation surveillance, additional appropriation 144 

Real estate brokers and salesmen 

discretionary licenses 121 

examinations and license fees 1 18-120 

Real estate commission 

appropriation increased 148 

compensation and qualifications 117-118 

Register of deeds, salaries, Belknap, set by county convention 99 

Rehabilitation centers (public health division) additional appropriation 144 

Religious organizations, exempt from inheritance tax 13 

Resources and economic development department 

additional appropriation 143, 147 

authority over Eastern States Exposition state building transferred to dept. of 

agriculture 22-23 

transfer of personnel 152 

Revised Statutes Annotated 

distribution 29 



Index 177 

Revised Statutes Annotated — continued 

recompilation and distribution of volume 1 150-151 

supplement for 1971 session, appropriation increased 150 

Roads. See: Highways 

Robert Frost Homestead, appropriation 107 

Rye Beach village district, meetings in 1937, 1957, and 1963 legalized 165 

Rye harbor project, additional appropriation 107 

S 

Safety and driver education, state board of education, appropriation increased 97 

Safety services division, appropriation 94, 97 

Sanatorium, state, operation as geriatric facility 3-4 

School building authority, enlarged duties 124 

School districts 

bonds, state guarantee 124-126 

state aid. See: Education, state aid 
Schools, nonpublic 

grants 122-124 

study commission 126-127 

Securities, sale, certificate, form and cost 92 

Shelbume basin project, additional appropriation 107 

Sheriffs, salaries, Belknap, set by county convention 99 

Snowmobile section, appropriation increased 94 

Southwestern state park, additional appropriation 107 

State agencies, departments, and institutions. See also: First distinctive word, as Education 

department; Sanatoriiun, state 
State employees 

cost-of-living adjustment study Ill 

salaries, increase retroactive, appropriation increased 108-110 

State officials 

cost-of-living adjustment study Ill 

salaries, adjustment approved by fiscal committee of general court 110-111 

State planning, office of 

funds transferred from office of planning and research 158 

in governor's office 128 

State police, appropriation for alcohol and drug abuse program 101-103 

State prison, heating system conversion, bonds authorized 152 

State revenue sharing with cities and towns 17-18 

State treasurer. See: Treasurer, state 
Statutes, RSA 

distribution 29 

recompilation and distribution of volume 1 150-151 

supplement for 1971 session, appropriation increased 150 

Stock in trade tax repealed 15 

Subdivided land 

full disclosure 131-143 

appeals to superior court 140 

appropriation 151-152 

information record kept by state planning office 128 

sale before approval 

not void; penalty increased 53 

Sugar Hill school district, meeting in 1970 legalized 164 

Sunapee ski lift, additional appropriation 107 

Support payments 

5% deduction repealed 121 

10% service charge on arrearages 121 

Supreme court 

fees, paid into general fund rather than compensation of clerk and/or reporter 116-117 

reports, distribution 28-29 

sessions and clerk, state library building omitted from wording 116 

Sutton, highway reclassified 72 



178 Index 

T 
Tax commission 

additional appropriation 158-159 

oath taking on business profits tax limited to hearings 154 

oath taking on commuters income tax limited to hearings 155 

Tax forms examiner, additional position 158-159 

Taxes. See also: Business profits tax; Commuters income tax. 

business profits 5-19 

commuters income 44-52 

domestic rabbits, repealed 15 

exemptions 

Nutfield Heights, Inc 57 

persons over 70, statute clarified 129-130 

forest products, repealed 156 

fur-bearing animals, repealed 15 

income, nonresidents 44-52 

inheritance 

exemptions, educational, religious and charitable organizations 13 

exemptions, lineal ascendants and lineal descendants 13, 19 

refunds, appropriation 149 

insurance premiums 80-81 

interest on late payment increased 71-72 

legacy. See: Taxes, inheritance 

machinery, repealed 13, 15 

motor vehicle fuel pumps and tanks, repealed 15 

neat stock, repealed 15 

pari-mutuel, increased 17 

poll, age limit reduced to 68 127 

portable mills, repealed 15 

Portsmouth, collection dates 162-163 

poultry, repealed 15 

redemptive and subsequent, interest increased 71-72 

sale for 11 

subsequent tax payment, interest increased 71-72 

stock in trade, repealed 15 

studhorses and jackasses, repealed 15 

tobacco 

additional appropriation 149 

increased 15-16 

stamps, discount decreased; subsequently repealed 16, 153 

Tobacco tax 

additional appropriation 149 

rate increased 15-16 

stamps, discount decreased; subsequently repealed 16, 153 

Towns 
bonds. See also: Bonds 

hearing requirements repealed 38-39 

voting by printed ballot repealed 38-39 

revenue returned from state to replace repealed taxes 17-18 

Treasurer, state, facsimile signature, state guarantee of municipal bonds 22 

Tuberculosis patients, transferred from state sanatorium 3-4 

Turnpikes. See: Central N. H. turnpike 

Twin Mountain, airport, construction of taxiway, appropriation 113 

U 

Unfair trade practices prohibited 39-44 

University of N. H. 

nonacademic employees 

management-employee relations commission 103-106 

salary increase 110 

out-of-state tuition 29-30 

water system expansion 21-22 



Index 179 



Veterans, disabled, motor vehicles, registration fee exemption 106 

Vocational education, additional appropriation 147 

W 

Water pollution. See also: Water supply and pollution control commission. 

state guarantee of municipal bonds increased 27 

territorial waters, interim commission 159-160 

Water resources board 

appropriation, availability extended 149 

jurisdiction over waters and wetlands 53-56 

Water supply and pollution control commission 

additional appropriation 147 

aquatic nuisance control 148-149 

authority clarified 65-67 

Waters 

excavating and filling 53-56 

public, wharves or piers, construction restrictions 56 

Welfare division, additional appropriation 144-145 

Welfare escrow account transferred to general fund 152 

Wetlands, excavating and filling 53-56 

Wharves or piers, construction restrictions on public waters 56 



LAWS 

of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY 6, 1971 

THROUGH JULY, 1971 




CONCORD, N. H. 
1971 



Printed by 

EQUITY PUBLISHING CORPORATION 
ORFORD, N. H. 



STATE OFBICERS 

Governor Walter Peterson 

Councilors Lyle E. Hersom 

Robert E. Whalen 
John S. Walsh 
Bernard A. Streeter, Jr. 
James H. Hayes 

Secretary of State Robert L. Stark 

Deputy Secretary of State Edward C. Kelley 

Treasurer Robert W. Flanders 

Deputy State Treasurer Everand D. Young 

Assistant State Treasurer Harry M. Descoteau 

Adjutant General Francis B. McSwiney 

Comptroller John T. Flanders 

Director of Accounts Frank E. Adams 

Director of Purchase and Property . Richard N. Peale 

Business Supervisor Arthur H. Fowler 

Assistant Business Supervisors . . . Donald Bernier 

Raymond C. Cummings 
Ralph E. Brickett 

Director of Division of Records 

Management and Archives .... Robert A. Lauze 

Aeronautics Director John R. Sweeney 

Agriculture Commissioner Frank T. Buckley 

State Entomologist James G. Conklin 

State Veterinarian Clarence B. Dearborn 

Attorney-General Warren B. Rudman 

Deputy Attorney-General William F. Cann 

Assistant Attorneys-General Joseph A. DiClerico, Jr. 

Thomas B. Wingate 
Richard A. Hampe 
David H. Souter 
Robert W. Moran 
Henry F. Spaloss 
Irma A. Matthews 
Donald A. Ingram 
W. Michael Dunn 
Director of Charitable Trusts .... G. Wells Anderson 



iv State Officers 

Bank Commissioner James W. Nelson 

Deputy Bank Commissioner Arlan S. MacKnight 

Assistant Bank Commissioner .... 

Cancer Commission Joseph W. Epply 

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

Civil Defense Director Francis B. McSwiney 

Data Processing Commission Director Richard J. Hawes 

Education Commissioner Newell J. Paire 

Chief, Division of Vocational 

Education Neal D. Andrew 

Employment Security Commissioner . . Benjamin C. Adams 

Fish and Game Director Bernard W. Corson 

Health and Welfare Commissioner . . . Gerard J. Zeiller 

Director of the Division of Welfare George E. Murphy 

Mental Health Director James W. Dykens, M.D. 

Public Health Services Director . . . Mary M. Atchison, M.D. 
Neiv Hampshire Home for the 

Elderly, Superintendent Francis J. Kasheta, M.D. 

New Hampshire Hospital 

Superintendent Christos Koutras, M.D. 

Laconia State School Superintendent Arthur E. Toll 

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

Industrial School Superintendent .... Michael Morello 

Prison (State) Warden Parker L. Hancock 

Insurance Commissioner John A. Durkin 

Deputy Insurance Commissioner . . . Anthony J. Juliano 

Judicial Council James L. Sullivan 

John H. Ramsey 
Robert E. Farley 
Frank R. Kenison 
William W. Keller 
Robert W. Upton 
William Treat 
Edward J. Gallagher 



State Officers 

John B. Pendleton 
Kenneth E. Shaw 
Unwar J. Samaha 

Labor Commissioner Robert M. Duvall 

Deputy Labor Commissioner Peter W. Collins 

Legislative Services Director Henry F. Goode 

Deputy Director Arthur G. Marx 

Librarian (State) Emil W. Allen, Jr. 

Assistant Librarian Elizabeth Ann Kingseed 

Liquor (State) Commission Costas S. Tentas 

James P. Nadeau 
John Ratoff 

Personnel Coynmission Director .... Roy Y. Lang 
Deputy Director Howard Berry 

Public Utilities Commission Alexander J. Kalinski 

Gerard 0. Bergevin 
Francis J. Riordan 

Public Works and Highways 

Commissioner Robert H. Whitaker 

Deputy Commissioner Ruel W, Webb 

Assistant Commissioner Walter F. Mead 

Racing (State) Commission Timothy J. Connors 

Theodore R. Langdell 
Emmet J. Kelley 

Real Estate Commission Executive 

Director Alice Hallenborg 

Resources and Economic Development 

Commissioner George Gilman 

Director of Division of Resources 

Development Theodore Natti 

Director of Division of Economic 

Development Elias A. McQuaid 

Director of Division of Parks George T. Hamilton 

Safety Department Commissioner . . . Robert W. Rhodes 
Division of Motor Vehicles Director Frederick N. Clarke, Jr. 

Road Toll Administrator John J. Mara 

Financial Responsibility 

Administrator Kenneth H. Lewis 



vi Courts 

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

Division of Safety Services Director Alton H. Stone 

State Coordinator of Highway Safety . Thomas A. Power 

State Building & Grounds 

Superintendent Arthur L. Petell, Jr. 

Sweepstakes Commission Director . . . Edward J. Powers 

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

Fire Marshal (State) Herbert L. Whitney 

Tax Commission William G. Conway 

Lawton B. Chandler 
William Maynard 



SUPREME COURT 

Chief Justice Frank R. Kenison 

Associate Justices Laurence I. Duncan 

Edward J. Lampron 
Robert F. Griffith 
William A. Grimes 
State Reporter and Clerk of Supreme 

Court George Pappagianis 



SUPERIOR COURT 



Chief Justice . . . . 
Associate Justices 



William 


W 


. Keller 


Charles 


J. 


Flynn 


George 


R. 


Grant, Jr. 


Thomas 


J. 


Morris 


Martin 


F. 


Loughlin 


Richard 


P. 


Dunfey 


William R. 


Johnson 


John W, 


, King 


Francis 


E. 


Perkins 


William F. 


Batchelder 



LEGISLATURE OF 1971 



SENATE 

President — John R. Bradshaw, Nelson 
Majority Leader — Stephen W. Smith, Plymouth 
Minority Leader — Harry V. Spanos, Newport 
Clerk — Wilmont S. White, Moultonborough 
Assistant Clerk — Roger C. Quimby, Concord 
President's Secretary — Esther T. Hurd, Concord 
Sergeant-at-Ai-ms — Milo Cheney, Rumney 
Messenger — Oland Bylaw, Woodsville 
Messenger — Herbert Howe, Tilton 
Doorkeeper — Merton A. Webber, Windham 



SENATORS 



Laurier Lamontagne, d, Berlin 
Andrew W. Poulsen, r, Littleton 
Stephen W. Smith, r and d, Plymouth 
Edward A. Snell, r and d, Barrington 
Howard C. Townsend, r, Lebanon 
Edith B. Gardner, r, Gilford 
Alf E, Jacobson, r. New London 
Harry V. Spanos, d, New^jort 
David L. Nixon, r, New Boston 
John R. Bradshaw, r. Nelson 
Robert English, r, Hancock 
Frederick A. Porter, r, Amherst 



Richard W. Leonard, d, Nashua 
Richard F. Ferdinando, r, Manchester 
Roger A. Smith, r, Concord 
George H. Morrissette, d, Manchester 
William J. McCarthy, d, Manchester 
Paul E. Provost, d, Manchester 
Ward B. Brown, r and d, Hampstead 
Ronald J. Marcotte, d, Rollinsford 
James Koromilas, r, Dover 
Delbert F. Downing, d and r, Salem 
Arthur Tufts, r, Exeter 
Eileen Foley, d, Portsmouth 



HOUSE OF REPRESENTATIVES 

Speaker — Marshall W. Cobleigh, Nashua 

Deputy Speaker — James E. O'Neil, Chesterfield 

Majority Leader — George B. Roberts, Jr., Gilmanton 

Minority Leader — Robert E. Raiche, Manchester 

Clerk — J. Milton Street, Sharon 

Assistant Clerk — Paul Brown, Derry 

Sergeant-at-Arms — Theodore Aucella, Bennington 

Chaplain — Reverend William L. Shafer, Rochester 

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

Doorkeeper — Lloyd E. Fogg, Milan 

Doorkeeper — Florence M. Gould, Wentworth's Location 

Doorkeeper — Herbert R. Richardson, Randolph 

BELKNAP COUNTY 



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

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

Marshall French, r, Meredith 

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

Charles B. Roberts, r, Sanbornton 

Nana M. Wilkinson, r, Tilton 
Dist. No. 4 (Gilford) 

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

Marion Wuelper, r, Belmont 



Dist. No. 6 (Barnstead, Gilmanton) 

George B. Roberts, Jr., r, Gilmanton 

Dist. No. 7 (Alton) 

Jakob Mutzbauer, r, Alton 

Dist. No. 8 (Laconia, Ward 1) 
Robert E. Hood, r, Laconia 
Walter D. McCarthy, r, Laconia 

Dist. No. 9 (Laconia, Ward 2) 

Florence G. Drouin, d and r, Laconia 
David O. Huot, d and r, Laconia 

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



The Legislature of 1971 



Dist. No. 11 (Laconia, Ward 5) 

Lucien R. Dulac, d, Laconia 
Dorothy V. Randlett, r, Laconia 



Dist. No. 12 (Laconia, Ward 6) 

Frank A. Maguire, Jr., r, Laconia 
David T. Whittemore, r, Laconia 



CARROLL COUNTY 



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

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

Grace N. Cox, r, Conway 

Esther M. Davis, r, Conway 

Guy H. Lagroe, r, Conway 
Dist. No. 3 (Albany, Eaton, Effingham, 

Freedom, Madison) 

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

Rajmiond K, Conley, Jr., r, Sandwich 



Dist. No. 5 (Moultonborough, Tufton- 
boro) 

Dorothy W. Davis, r and d, Moulton- 
borough 
Dist. No. 6 (Ossipee) 

T. Anne Webster, r, Ossipee 
Dist. No. 7 (Wolfeboro) 

Russell C. Chase, r, Wolfeboro 

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

Roland S. Hughes, r, Brookfield 



CHESHIRE COUNTY 



Dist. No. 1 (Walpole) 

Louis S. Ballam, r, Walpole 

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

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

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

Stoddard, Sullivan) 

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

William L. Yai-dley, r, Roxbury 
Dist. No. 6 (Jaffrey) 

Homer J. Forcier, d, Jaffrey 

Wilfred W. Cournoyer, d, 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 and d, Richmond 

Elmer L. Johnson, r, Winchester 
Dist. No. 10 (Hinsdale) 

Alf H. Halvorson, r and d, Hinsdale 



Dist. No. 11 (Swanzey) 

John R. Coughlin, r, Swanzey 
Janet W. Dunham, r, Swanzey 
Jacob M. Hackler, r, Swanzey 

Dist. No. 12 (Chesterfield) 
James E. O'Neil, r, Chesterfield 

Dist. No. 13 (Keene, Ward 1) 
Robert L. Mallat, Jr., d, Keene 
Sumner W. Raymond, r, Keene 
Richard O. Vogel, r, Keene 

Dist. No. 14 (Keene, Ward 2) 
H. Robie Ames, r, Keene 
Michael J. Saunders, d, Keene 

Dist. No. 15 (Keene, Ward 3) 
Cleon E. Heald, r, Keene 
Bernard A. Streeter, r, Keene 

Dist. No. 16 (Keene, Ward 4) 

*Lawrence H. MacKenzie, r, Keene 
Philip D. Moran, r, Keene 

Dist. No. 17 (Keene, Ward 5) 
Sheldon L. Barker, Sr., r, Keene 
Richard E. Cummings, r, Keene 
Harold F. Drew, r, Keene 



'Resigned. Replaced by R. J. Shortlidge, Jr., d and r, Keene 

COOS COUNTY 



Dist. No. 1 (Clarksville, Colebrook, 
Columbia, Dixville, Pittsburg, Stew- 
artstown) 

Roland S. Cook, r, Stewartstown 
Harry F. Huggins, r, Pittsburg 
^Chester D. Noyes, r, Stewartstown 
Dist. No. 2 (Erving's Grant, Northum- 
berland, Odell, Stark, Stratford) 
Walter O. Bushey, d, Northumberland 
Roger L. Hunt, d and r, Stratford 
Robert Mayhew, d and r, Northumber- 
land 



Dist. No. 3 (Kilkenny, Lancaster) 

Arthur M. Drake, r, Lancaster 

Dana H. Lee, r, Lancaster 
Dist. No. 4 (Whitefield) 

Harold W. Burns, r and d, Whitefield 
Dist. No. 5 (Gorham) 

Richard E. O'Hara, d and r, Gorham 

Otto H. Oleson, d, Gorham 
Dist. No. 6 (Berlin, Ward 1) 

Leon T. Dubey, d, Berlin 

Guy J. Fortier, d, Berlin 

Edgar J. Roy, d, Berlin 



* Deceased 



The Legislature of 1971 



Dist. No. 7 (Berlin, Ward 2) 

Romeo A. Desilets, d, Berlin 
George T. Studd, d, Berlin 
Elmer H. York, d, Berlin 

Dist. No. 8 (Berlin, Ward 3) 
Hilda C. F. Brungot, r, Berlin 
Percy W. McCuin, r, Berlin 
George W. Oswell, r, Berlin 

Dist. No. 9 (Berlin, Ward 4) 

Arthur A. Bouchard, d and r, Berlin 
Rebecca A. Gagnon, d, Berlin 
Romeo J. Theriault, d, Berlin 

Dist. No. 10 (Atkinson-Gilmanton Acad- 
emy Grant, Bean's Grant, Bean's 
Purchase, Cambridge, Chandler's Pur- 



chase, Crawford's Purchase, Cutt's 
Grant, Dix's Grant, Dummer, Errol, 
Green's Grant, Hadley's Purchase, 
Low and Burbank's Grant, Martin's 
Location, Milan, Millsfield, Pinkham's 
Grant, Sargent's Purchase, Second 
College Grant, Shelburne, Success, 
Thompson and Meserve's Purchase, 
Wentworth's Location) 
Victor L. Kidder, r and d, Shelburne 
Dist. No. 11 (Carroll, Dalton, Jefferson, 
Randolph) 

Mabel L. Richardson, r and d, Ran- 
dolph 



GRAFTON COUNTY 



Dist. No. 1 (Bethlehem, Littleton) 

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

Dist. No. 2 (Easton, Franconia, Wood- 
stock) 
Wayne G. Higgins, r, Woodstock 

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

Dist. No. 4 (Lisbon, Sugar Hill) 
George Brummer, d, Lisbon 

Dist. No. 5 (Bath, Benton, Landaff, 
Lyman, Monroe) 
Nelson H. Chamberlin, r, Bath 

Dist. No. 6 (Haverhill) 

Paul I. LaMott, r, Haverhill 
Ezra B. Mann II, r, Haverhill 

Dist. No. 7 (Piermont, Warren, Went- 
worth) 
Fayne E. Anderson, r, Warren 

Dist. No. 8 (Lyme, Orford) 
John A. Menge, d, Lyme 

Dist. No. 9 (Hanover) 

David Hammond Bradley, r and d, 

Hanover 
David C. Nutt, r and d, Hanover 
Laurence I. Radway, d, Hanover 

Dist. No. 10 (Alexandria, Bridgewater, 



Dorchester, Grafton, Groton, Hebron, 
Orange) 

John K. Gemmill, r, Hebron 
Dist. No. 11 (Lebanon, Ward 1) 

Robert G. Dow, r, Lebanon 

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

Roger M. Duhaime, d, Lebanon 

Wilfred J. Tremblay, d, Lebanon 
Dist. No. 13 (Lebanon, Ward 3) 

Frances B. Dudley, r and d, Lebanon 

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

Carl F. Altman, d, Canaan 
Dist. No. 15 (Enfield) 

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

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

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

Kenneth G. Bell, r, Plymouth 

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

Holderness, Rumney, Thornton, Water- 

ville Valley) 

Richard L. Bradley, r, Thornton 

Lester E. Mitchell, Sr., r, Campton 



HILLSBOROUGH COUNTY 



Dist. No. 1 (Antrim, Bennington) 

Howard S. Humphrey, Sr., r, Antrim 
Dist. No. 2 (Deering, Hillsborough, 
Windsor) 

Joseph M. Eaton, r and d, Hillsborough 
Richard W. Withington, Sr., r and d, 
Hillsborough 
Dist. No. 3 (Weare) 

Frank N. Sawyer, r, Weare 

'Deceased 



Dist. No. 4 (Goffstown) 

Roland A. Barnard, d, Goffstown 
Alice Tirrell Knight, r, Goffstown 
Robert B. Monier, r, Goffstown 
Barbara S. Poehlman, d, Goffstown 
*Charles A. Weilbrenner, d, Goffstown 

Dist. No. 5 (Francestown, New Boston) 
Marjorie D. Colburn, r. New Boston 

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



The Legislature of 1971 



Dist. No. 7 (Peterborough, Sharon) 

Arthur F. Mann, r, Peterborough 
Fred E. Murray, r, Peterborough 

Dist. No. 8 (New Ipswich) 

Theodore H. Karnis, r. New Ipswich 

Dist. No. 9 (Greenville) 

Clyde S. Eaton, r, Greenville 

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

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

Dist. No. 11 (Milford) 

Malcolm M. Carter, r, Milford 
Roscoe N. Cobum, r and d, Milford 
Charles W. Ferguson, Jr., r, Milford 

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

Dist. No. 13 (Brookline, Hollis, Mason) 
Daniel Brocklebank, r, Hollis 
Beatrice B. Hall, r, Brookline 

Dist. No. 14 (Nashua, Ward 1) 
Gloria Belzil, d, Nashua 
Maurice L. Bouchard, r, Nashua 

Dist. No. 15 (Nashua, Ward 2) 

Marshall W. Cobleigh, r and d, Nashua 
Gerry F. Parker, d, Nashua 
Louis D. Record, Jr., r, Nashua 

Dist. No. 16 (Nashua, Ward 3) 
Agenor Belcourt, d, Nashua 
Romeo R. Lesage, d, Nashua 
Hector Trombley, d, Nashua 

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

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

Dist. No. 19 (Nashua, Ward 6) 
Francis J. Chamard, d, Nashua 
Margaret S. Cote, d, Nashua 
Robert O'Neil, d, Nashua 

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

Dist. No. 21 (Nashua, Ward 8) 
Donald C. Davidson, r, Nashua 
Romeo Ouellette, r, Nashua 
Leo O. Sirois, r, Nashua 

Dist. No. 22 (Nashua, Ward 9) 
Oscar P. Bissonnette, d, Nashua 
Ernest R. Coutermarsh, d, Nashua 
Robert L. Gabriel, d, Nashua 

Dist. No. 23 (Hudson) 

Stanley Alukonis, d, Hudson 
John M. Bednar, d, Hudson 



Phyllis M. Keeney, r, Hudson 
G. Philip Rodgers, r, Hudson 

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

Dist. No. 25 (Merrimack) 

Donald R. Dwyer, d, Merrimack 
Elaine T. Lyons, r, Merrimack 

Dist. No. 26 (Bedford, Litchfield) 
John F. Bridges, r and d, Bedford 
John C. Harvell, r and d, Bedford 
Anna S. VanLoan, r and d, Bedford 

Dist. No. 27 (Manchester, Ward 1) 
Frances J. Abbott, r and d, Manchester 
Greta M. Ainley, r and d, Manchester 
Forsaith Daniels, r, Manchester 
George A. Lang, r, Manchester 
Norman F. Milne, Jr., r, Manchester 
Kimon S. Zachos, r and d, Manchester 

Dist. No. 28 (Manchester, Ward 2) 
Elmer R. Ackerson, Sr., r and d, 

Manchester 
Gerald J. Barrett, d, Manchester 
C. Edward Bourassa, d, Manchester 
J. Henry Montplaisir, r and d, Man- 
chester 
Francis Murphy, r and d, Manchester 

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

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

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

Dist. No. 32 (Manchester, Ward 6) 
William F. Barrett, d, Manchester 
Edward D. Clancy, d, Manchester 
Daniel J. Healy, d, Manchester 
Joseph Lomazzo, d, Manchester 
John T. Lynch, d, Manchester 
William J. McDonough, d, Manchester . 

Dist. No. 33 (Manchester, Ward 7) 
Emile E. Boisvert, d, Manchester 
Charles J. Leclerc, d, Manchester 
'■'Joseph A. Martel, d, Manchester 
Andre J. Simard, d, Manchester 

Dist. No. 34 (Manchester, Ward 8) 
Herman Campono, d, Manchester 
Edward Champagne, d, Manchester i 
Michel Chevrette, d, Manchester 
Ernest Derome, d, Manchester 



''Deceased. Replaced by Olga Sysyn, r, Manchester 



The Legislature of 1971 



Armand J. Lemieux, d, Manchester 
Robert E. Raiche, d, Manchester 
Roland J. St. Onge, d, Manchester 

Dist. No. 35 (Manchester, Ward 9) 
Robert L. Robinson, d, Manchester 

Dist. No. 36 (Manchester, Ward 10) 
Gerard H. Belanger, d, Manchester 
Doris T. Lynch, d, Manchester 
James P. O'Connor, d, Manchester 
James A. Sweeney, Jr., d, Manchester 

Dist. No. 37 (Manchester, Ward 11) 
Daniel J. Clear, d, Manchester 
Catherine G. Lamy, d, Manchester 
Dennis J. IMurphy, d, Manchester 

Dist. No. 38 (Manchester, Ward 12) 

' "Deceased. 



Alphonse Levasseur, a, Manchester 
Albert R. Martineau, d, Manchester 
**Joseph C. Nalette, d, Manchester 

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

Dist. No. 40 (Manchester, Ward 14) 
John A. Burke, d, Manchester 
Emmett J. Grady, d, Manchester 
Timothy K. O'Connor, d, Manchester 
Marcel A. Vachon, d, Manchester 



xMERRIMACK COUNTY 



Dist. No. 1 (New London) 

William T. Andrews, 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) 

Christopher C. Hardy, r, Henniker 
Dist. No. 5 (Dunbarton, Hopkinton) 

Harry C. Parker, r, Hopkinton 

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

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

Edward H. Enright, r, Hooksett 

Doris J. Riley, d and r, Hooksett 
Dist. No. 8 (Allenstown) 

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

George E. Gordon III, r, Pembroke 

Fred D. Little, r, Pembroke 
Dist. No. 10 (Chichester, Epsom) 

Clarence E. Bartlett, r and d, Epsom 
Dist. No. 11 (Pittsfield) 

Fred Avery, r and d, Pittsfield 

John H, Perkins, Jr., d, Pittsfield 
Dist. No. 12 (Canterbury, Loudon) 

George D. Kopperl, r and d, Canter- 
bury 
Dist. No. 13 (Northfield) 

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

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

John P. Dempsey, d, Franklin 

*Wiggin S. Gilman, d, Franklin 
Dist. No. 16 (Franklin, Ward 3) 

John Chapley, d, Franklin 

A. Stephen Greeley, r, Franklin 



Dist. No. 17 (Boscawen) 

Russell C. Mattice, r, Boscawen 

Dist. No. 18 (Andover, Salisbury) 
James A. Humphrey, r, Andover 

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

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

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

Dist. No. 22 (Concord, Ward 3) 
Martin R. Haller, r. Concord 

Dist. No. 23 (Concord, Ward 4) 
Charles H. Cheney, Sr,, r, Concord 
Susan N. McLane, r, Concord 
Donald Miner, r and d. Concord 

Dist. No. 24 (Concord, Ward 5) 
Charles M. Filides, r, Concord 
Barbara J. Underwood, r and d. 
Concord 

Dist. No. 25 (Concord, Ward 6) 
Wilfred B. Rowland, r, Concoi'd 
Maurice B. MacDonald, r. Concord 
Horace W. Sanders, r, Concord 
Ralph W. Wilson, r. Concord 

Dist. No. 26 (Concord, Ward 7) 
Roland F. Fuller, r. Concord 
William F. Glavin, r, Concord 
C. Edwin Howard, r. Concord 
Eugene H. Woodward, Jr., r, Concord 

Dist. No. 27 (Concord, Ward 8) 
John H. Noble, r, Concord 
Shirley B. Welch, r and d, Concord 

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



Deceased. Replaced by Donald J. Piper, d, Franklin 



The Legislature of 1971 



ROCKINGHAM COUNTY 



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

John T. Fernald. r, Nottingham 
John H. Stimmell, v, Northwood 

Dist. No. 2 (Candia) 

Helen F. Wilson, r and d, Candia 

Dist. No. 3 (Auburn) 

Margaret A. Griffin, r, Auburn 

Dist. No. 4 (Londonderry) 

William P. Boucher, r and d, London- 
derry 
Earle L. Soule, r and d, Londonderry 

Dist. No. 5 (Derry) 

Feme P. Adams, r, Derry 
Charles H. Gay, r, Derry 
Herbert L. MacGregor, r, Derry 
Maurice W. Read, r, Derry 
Kenneth L. Senter, r, Derry 

Dist. No. 6 (Windham) 

Kenneth C. Lovell, r, Windham 

Dist. No. 7 (Salem) 

Laurence N. Belair, d, Salem 
Jeanette Gelt, r, Salem 
Bessie M. Morrison, r, Salem 
Robert Emmett O'Neil, d, Salem 
James A. Sayer, r, Salem 
Philip A. Smith, 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 
Annie Mae Schwaner, r, Plaistow 

Dist. No. 10 (Hampstead) 

Doris M. Spollett, r, Hampstead 

Dist. No. 11 (Danville, Fremont, San- 
down) 

Charles Everett Cummings, r, Dan- 
ville 

Dist. No. 12 (Chester, Raymond) 
Richardson D. Benton, r, Chester 
J, Henry Greenwood, r, Raymond 

Dist. No. 13 (Brentwood, Epping) 
Vera E. Goodrich, r, Epping 
Mary T. Vey, r, Brentwood 

Dist. No. 14 (Newmarket) 

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

Dist. No. 15 (Newfields, Stratham) 
W. Douglas Scamman, Jr., r, Strat- 
ham 

'•Resigned 



Dist. No. 16 (Exeter) 

Lyman E. Collishaw, r, Exeter 
Edwin W. Eastman, r, Exeter 
F. Leroy Junkins, r, Exeter 
Henry H. Page, r, Exeter 
Robert W. Varrill, r, Exeter 

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

Dist. No. 18 (Newton) 

George L. Cheney, r and d, Newton 

Dist. No. 19 (Hampton Falls, Kensing- 
ton) 
Marguerite B. Fiske, r, Hampton Falls 

Dist. No. 20 (Hampton) 

Herbert A. Casassa, r, Hampton 
Wilfred R. Cunningham, r, Hampton 
Edmund Langley, Jr., r, Hampton 

Dist. No. 21 (North Hampton) 

James F. Leavitt, r, North Hampton 

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

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

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

Dist. No. 25 (Portsmouth, Ward 2) 
James A. Chandler, r, Portsmouth 
Ruth L. Griffin, r, Portsmouth 
Jeremiah Quirk, r, Portsmouth 

Dist. No. 26 (Portsmouth, Ward 3) 
Thomas P. Connors, d, Portsmouth 
C. Cecil Dame, r, Portsmouth 
William Palfrey, r, Portsmouth 

Dist. No. 27 (Portsmouth, Ward 4) 
Raimond Bowles, r, Portsmouth 
J. Walter Jameson, r, Portsmouth 

Dist. No. 28 (Portsmouth, Ward 5) 
Richard S. Levy, r, Portsmouth 
Gerald G. Woods, d, Portsmouth 

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



STRAFFORD COUNTY 



Dist. No. 1 (Middleton, Milton) 

F. Everett Mclntire, d, Milton 



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

Ernest B. Brown, r, Strafford 



The Legislature of 1971 



Ralph W. Canney, r, Farmington 
Elmer C. Smith, r, New Durham 

Dist. No. 3 (Barrington, Madbury) 
Douglas M. Stevenson, r, Barrington 

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

Dist. No. 5 (Rollinsford) 

Grace L. Joncas, d, Rollinsford 

Dist. No. 6 (Somersworth, Ward 1) 
Helen Maloomian, d, Somersworth 

Dist. No. 7 (Somersworth, Ward 2) 
Eugene J. Habel, d, Somersworth 

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

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

Dist. No. 10 (Rochester, Ward 1) 
Paul R. Towle, r, Rochester 

Dist. No. 11 (Rochester, Ward 2) 
John H. Ineson, r, Rochester 
Barbara C. Thompson, r, Rochester 

Dist. No. 12 (Rochester, Ward 3) 
Edgar J. Carignan, d, Rochester 
Alfred J. Ruel, d, Rochester 



Dist. No. 13 (Rochester, Ward 4) 

Leo E. Beaudoin, d, Rochester 
Donald Sylvain, d, Rochester 

Dist. No. 14 (Rochester, Ward 5) 
Ralph W. Dunlap, r, Rochester 
Howell F. Preston, r, Rochester 

Dist. No. 15 (Rochester, Ward 6) 
Sandra J. Balomenos, r, Rochester 
J. Thornton Tripp, r, Rochester 

Dist. No. 16 (Dover, Ward 1) 
Alice F. Blanchette, d, Dover 
Max W. Leighton, r, Dover 
Raymond B. Peabody, r, Dover 

Dist. No. 17 (Dover, Ward 2) 
Mary E. Bernard, d, Dover 
Sadie C. Webber, d and r, Dover 

Dist. No. 18 (Dover, Ward 3) 
Carroll E. Fellows, r, Dover 
Fred H. Mudgett, r, Dover 
John T. Young, r, Dover 

Dist. No. 19 (Dover, Ward 4) 
L. James DeWolfe, Jr., r, Dover 
Paul L. Kinney, r, Dover 
Aram Parnagian, r, Dover 
Harriett W. B. Richardson, r, Dover 

Dist. No. 20 (Dover, Ward 5) 
John Maglaras, d, Dover 



SULLIVAN COUNTY 



Dist. No. 1 (Grantham, Plainfield) 

Sara M. Townsend, r, Plainfield 

Dist. No. 2 (Cornish, Croydon) 
Donald R. Chase, d, Croydon 

Dist. No. 3 (Claremont, Ward 1) 
William L. GaflFney, d, Claremont 
Omer A. Rousseau, 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 J. Downing, d, Newport 
Gordon B. Flint, Jr., r, Newport 
James A. Saggiotes, r, Newport 
** Jacob M. Shulins, r, Newport 

Dist. No. 7 (Charlestown, Unity) 

Martha McD. Frizzell, r, Charlestown 
Donald B. Galbraith, r, Charlesto^ai 

Dist. No. 8 (Springfield, Sunapee) 
Joseph O. Fleming, r and d, Sunapee 

Dist. No. 9 (Acworth, Goshen, Langdon, 
Lempster, Washington) 
Stanley H. Williamson, r and d, 
Goshen 



'•'Deceased. 

*"Deceased. Replaced by Francis P. Edes, d, Newport. 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1971 



CHAPTER 1. 

AN ACT INCREASING THE TEMPORARY BORROWING LIMIT OF THE STATE. 

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

1:1 Increased Limit on Borrowing. Amend RSA 6:13 (supp) as 
amended by 1965, 188: 1, and 1967, 114: 1, by striking out in line eight the 
word "fifteen" and inserting in place thereof the word (twenty-five) 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 treasury available for the payment 
of the same, the treasurer under the direction 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 interest obtainable, such sums as may be 
necessary, provided that at no time shall the indebtedness of the state 
pursuant to the authority granted by this section exceed the sum of 
twenty-five million dollars. 

1 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved January 20, 1971.] 

[Effective date January 20, 1971.] 



CHAPTER 2. 



AN ACT TO PROVIDE FOR ADDITIONAL UNEMPLOYMENT BENEFITS. 

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

2: 1 Additional Unemployment Benefit Payments. Eligible individuals 
shall be entitled to additional unemployment benefits with respect to any 
week of unemployment in his entitlement period in accordance with the 
provisions of this act. 

2 : 2 Definitions. As used in this act, unless the context clearly re- 
quires otherwise: 

I. "Eligible individual" means a person who: 

(a) Is eligible to receive regular benefits and 

(b) Is an exhaustee. 

II. "Exhaustee" means an individual who, with respect to any week of 
unemployment in his eligibility period: 



2 Chapter 2 [1971 

(a) Has received, prior to such week, all of the regular benefits that 
were available to him under RSA 282 or any other state law, including 
dependents' allowances and benefits payable to federal civiHan employees 
and ex-servicemen under 5 U.S.C. chapter 85, in his current benefit year 
that includes such week ; provided that, for the purposes of this paragraph, 
an individual shall be deemed to have received all of the regular benefits 
that were available to him although as a result of a pending appeal with 
respect to annual earnings and/or employment that were not considered 
in the original determination in his benefit year, he may subsequently 
be determined to be entitled to added regular iDcnefits; or 

(b) His benefit year having expired prior to such week, has no, or 
insufficient, annual earnings on the basis of which he could establish a 
new benefit year that would include such week; and 

(c) Has no right to unemployment benefits or allowances, as the case 
may be, under the Railroad Unemployment Insurance Act, the Trade 
Expansion Act of 1962, the Automotive Products Trade Act of 1965 and 
such other federal laws as are specified in regulations issued by the U.S. 
Secretary of Labor; and has not received and is not seeking unemploy- 
ment benefits under the unemployment compensation law of the Virgin 
Islands or of Canada ; but if he is seeking such benefits and the appropriate 
agency finally determines that he is not entitled to benefits under such 
law he is considered an exhaustee. 

HI. "Regular benefits" means benefits payable to an individual under 
RSA 282 or under any other state law, including benefits payable to 
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. 
chapter 85, other than extended benefits. 

IV. "Entitlement period" means the period consisting of the weeks in 
an individual's benefit year which begin in an additional benefit period and, 
if his benefit year ends within such additional benefit period, any weeks 
thereafter which begin in such period, and not less than the thirteen 
following weeks. 

V. "Rate of insured unemployment" means the percentage derived by 
dividing the average weekly number of individuals filing claims in this 
state for weeks of unemployment with respect to the most recent thirteen 
consecutive week period, as determined by the commissioner on the basis 
of his reports to the U.S. Secretary of Labor, by the average monthly 
employment covered under RSA 282 for the first four of the most recent 
six completed calendar quarters ending before the end of such thirteen 
week period. 

VI. "Additional benefit period" means a period which 

(a) Begins with the week that the commissioner determines that 
the period consisting of such week and the immediately preceding twelve 
weeks, the rate of insured unemployment under this chapter 

(1) Equaled or exceeded one hundred twenty percent of the average 
of such rates for the corresponding thirteen week period ending in 
each of the preceding two calendar years, and 

(2) Equaled or exceeded three and seven tenths percent. Provided 
that no additional benefit period may become effective in this state 
prior to January 30, 1971. 

2 : 3 Weekly Additional Benefit Amount. The weekly additional benefit 
amount payable to an individual for a week of total unemployment in his 
entitlement period shall be an amount equal to the weekly benefit amount 



1971] Chapter 3 3 

payable to him during his apphcable benefit year under the provisions 
of RSA 282. 

2 : 4 Total Additional Benefit Amount. The total additional benefit 
amount payable to any eligible individual with respect to his applicable 
benefit year shall be thirteen times the weekly benefit amount. 

2 : 5 Limitation. Notwithstanding any other provisions of this act, no 
payment of additional benefits shall be made to any individual for any week 
with respect to which he is or becomes entitled to receive extended benefits 
pursuant to the unemployment law of the state of New Hampshire enacted 
in accordance with Public Law 91-373. 

2: 6 Applicability of Existing Statutes and Regulations. Except when 
the result would be inconsistent with other provisions of this act, the 
provisions of RSA 282 and the regulations of the commissioner which 
apply to claims for or the payment of regular benefits, shall apply to 
claims for and the payment of additional benefits. 

2 : 7 Public Announcement. Whenever an additional benefit period is 
to become effective in this state under the provisions of this act, the com- 
missioner shall make an appropriate public announcement. 

2: 8 Fund Chargeable. All benefits paid under the provisions of this 
act shall be a charge against the unemployment compensation fund and 
no employer's separate account under RSA 282 : 6, C, as amended shall be 
charged with any such benefit paid. 

2 : 9 Effective Date. This act shall take effect January 30, 1971. 

[Approved February 4, 1971.] 
[Effective date January 30, 1971.] 



CHAPTER 3. 



AN ACT TO RECLASSIFY A CERTAIN SECTION OF HIGHWAY IN THE 

TOWN OF BENTON. 

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

3: 1 Class H Highway in Benton. After the effective date of this act, 
the 1.20 miles of class II highway in the town of Benton known as the 
Tunnel Stream Road, beginning at road inventory #50 and running east- 
erly 1.20 miles to the town maintained class V highway, is classified as a 
class V highway. 

3 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved February 11, 1971.] 
[Effective date April 12, 1971.] 



4 Chapter 4 [1971 

CHAPTER 4. 

AN ACT TO RECLASSIFY CERTAIN SECTIONS OF HIGHWAY 
IN THE TOWN OF NEWMARKET. 

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

Court convened: 

4 : 1 Class II Highway in Newmarket. After the effective date of this 
act, the two sections of Ash Swamp Road between straight line diagram 
station 94 + 65 and 109 + 65 and straight Hne diagram station 154 + 40 
and 191 + 10, 0.29 miles and 0.70 miles respectively, are classified as a 
class V highway. 

4 : 2 Class V Highway in Newmarket. After the effective date of this 
act, the 0.11 mile section of Gary Avenue between New Hampshire Route 
152 and New Hampshire Route 108 is classified as a class H highway. 

4 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved February 11, 1971.] 
[Effective date April 12, 1971.] 



CHAPTER 5. 



AN ACT TO RECLASSIFY CERTAIN SECTIONS OF HIGHWAY 
IN THE TOWN OF MEREDITH. 

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

Court convened: 

5 : 1 Class II Highway in Meredith. After the effective date of this 
act, the 1.11 miles of class H highway in the town of Meredith, known 
as Meredith Neck Road or Pleasant Street, beginning at New Hampshire 
Route 25 and running easterly to Barnard Ridge Road is classified as a 
class V highway. 

5 : 2 Class V Highway in Meredith. After the effective date of this 
act, the 0.94 miles of class V highway known as Barnard Ridge Road, 
beginning at New Hampshire Route 25 and running easterly to Meredith 
Neck Road is classified as a class H highway. 

5 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved February 17, 1971.] 
[Effective date April 18, 1971.] 



CHAPTER 6. 



AN ACT ESTABLISHING FIVE O'CLOCK AS THE CLOSING HOUR FOR 
FILINGS IN ALL CASES RELATIVE TO ELECTIONS. 

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

Court convened: 

6 : 1 Vacancies on Party Ticket. Amend RSA 56 : 55 (supp) as amended 
by 1965, 330 : 10 by striking out in Hne seventeen the words "six o'clock" 



1971] Chapter 6 5 

and inserting in place thereof the words (five o'clock) so that said section 
as amended shall read as follows: 

56: 55 Filling of Vacancies. Vacancies upon any party ticket in county, 
town or ward occurring after the holding of any primary shall be filled 
by the party committee for the county, town or ward, and if in a repre- 
sentative district containing more than one town, ward, or unincorporated 
place, by the party committee for the county in which the vacancy exists. 
All other vacancies upon any party ticket so occurring shall be filled by 
the state committee of the party or if previously authorized by the 
state committee, by the executive committee thereof. The name of any 
person so appointed shall be placed upon the official ballot provided notice 
of the appointment is seasonably filed with the secretary of state, except 
that notices of appointment where no candidate has filed and where the 
person whose name has been written in withdraws or refuses to accept 
the nomination or where the sole candidate filing for nomination shall be 
disqualified for any reason shall be filed with the secretary of state forty 
days prior to the day of election for all candidates for any office. The 
number of days herein given shall include Sundays and shall end on the 
day before election at five o'clock in the afternoon. 

6 : 2 Nomination Papers. Amend RS A 56 : 68 by striking out in line 
four the words "six o'clock" and inserting in place thereof the words 
(five o'clock) so that said section as amended shall read as follows: 

56 : 68 Filing of Nomination Papers. Nomination papers shall be filed 
with the secretary of state forty days prior to the day of election for all 
candidates for any office. The number of days herein given shall include 
Sundays, and shall end on the day before election at five o'clock in the 
afternoon. 

6 : 3 Objections to Nomination Papers. Amend RSA 56 : 72 by striking 
out in line four the words "six o'clock" and inserting in place thereof 
the words (five o'clock) so that said section as amended shall read as 
follows : 

56 : 72 Objections. Certificates of nomination and nomination papers 
made in accordance with the provisions of this chapter shall be regarded 
as valid, and shall be received by the secretary of state, unless objection 
thereto is made in writing within three days succeeding five o'clock in the 
afternoon of the last day for the filing of such nominations. 

6:4 Time of Filing. Amend RSA 56: 101 (supp) as inserted by 1969, 
88: 1 by striking out in line four after the word "official" the words "by 
the close" and inserting in place thereof the words (by five o'clock in the 
afternoon) so that said section as amended shall read as follows: 

56: 101 — Mailing of Notices. Whenever a statute relative to state 
elections requires a filing with or notice to the secretary of state, or other 
official, said filing or notice must be received by the secretary of state, 
or other official, by five o'clock in the afternoon of the business day on 
the date set forth in the political calendar. 

6: 5 Filing with the Secretary of State. Amend RSA 57: 5 (supp) as 
amended by 1969, 65: 1 by striking out in line nine the words "six 
o'clock" and inserting in place thereof the words (five o'clock) so that 
said section as amended shall read as follows: 

57: 5 Declaration of Candidacy. The name of a candidate shall not 
be printed upon any such ballot unless not more than sixty nor less than 



6 Chapter 6 [1971 

thirty days before the primary he files with the secretary of state a 
declaration of candidacy, and unless he, or some person for him, shall pay 
to the secretary of state a filing fee of ten dollars requesting that his name 
be placed on the primary ballot; provided, that vacancies on the primary 
ballot of any party may be filled as provided in section 7 hereof. The 
number of days herein given shall include Sundays and shall end on the 
day before the primary at five o'clock in the afternoon. 

6 : 6 Objections to Primary Nominations. Amend RSA 68 : 3, I by 

striking out in line five the words "six o'clock" and inserting in place 
thereof the words (five o'clock) so that said paragraph as amended shall 
read as follows: 

I. When nominations at the primary, as declared by the secretary of 
state under section 50, chapter 56, RSA, are in apparent conformity with 
law, they shall be valid, unless changed upon recount as provided by law 
or unless written objection thereto shall be filed with the secretary of 
state within three days succeeding five o'clock in the afternoon of the 
date of publication of the results of the primary by the secretary of 
state under said section 50, or if there is a recount for the office in 
question, within three days after the declaration of the secretary of state 
upon such recount. If written objections are filed, the ballot-law commission 
shall forthwith meet, hear and decide all such objections. The decision of 
the ballot-law commission shall be final as to questions both of law and 
fact, and no court shall have jurisdiction to review such decision. 

6:7 Petitions; Filling Vacancies. Amend RSA 68:3, II by striking 
out in line seven the words "six o'clock" and inserting in place thereof 
the words (five o'clock) so that said paragraph as amended shall read 
as follows : 

II. When nominations by petition, as provided in sections 65 to 68, 
inclusive, chapter 56, or the filling of vacancies in nominations occurring 
after the primary, as provided in sections 55 and 70, chapter 56, are in 
apparent conformity with law, they shall be valid, unless written objection 
thereto shall be filed with the secretary of state within the time limit 
provided in section 72 of chapter 56 in the case of nominations by petition, 
or within three days succeeding five o'clock in the afternoon of the date 
on which the appointment to fill a vacancy is filed with the secretary of 
state in the case of filling vacancies in nominations. If written objections 
are filed, the ballot-law commission shall forthwith meet, hear and decide 
all such objections. The decision of the ballot-law commission shall be final 
as to questions both of law and fact, and no court shall have jurisdiction 
to review such decision. 

6: 8 Statement of Contributions. Amend RSA 70: 5 (supp) as inserted 
by 1955, 273: 1 by striking out in line three the words "before the close 
of the business day" and inserting in place thereof the words (before 
five o'clock in the afternoon) and by striking out in lines fourteen and 
fifteen the words "before the close of the business day" and inserting in 
place thereof the words (before five o'clock in the afternoon) so that said 
section as amended shall read as follows: 

70 : 5 Statement by the State Committees. The state committee of a 
political party shall, not later than the Wednesday preceding a biennial or 
special election before five o'clock in the afternoon, file with the secretary 
of state, an itemized statement, signed and sworn to by its chairman and 
treasurer, showing each of its receipts with the full name and post-office 



1971] Chapter 6 7 

address of the contributor and the amount of the contribution, and each 
of its expenditures or contracts calhng for expenditures, with the full 
name and address of persons, corporations, committees, or to whomever 
paid or to be paid, with the specific nature and amount of each expendi- 
ture, since the date of the last election; except, if contributions through 
a local party committee or disbursements to a local party committee do not 
exceed three hundred dollars per committee, no detailed accounting of the 
further source or recipients of such amounts need be made. Not later 
than the second Friday after said election before five o'clock in the after- 
noon another itemized statement, signed and sworn to by the same officers, 
shall be likewise filed. Enough additional copies of the statement shall be 
filed to provide a copy for the state committee of each party on the ballot, 
which they may obtain by application to the secretary of state. 

6: 9 Filing of Expenditures. Amend RSA 70: 7 (supp) as inserted by 
1955, 273 : 1 by striking out in line six the words "the close of the business 
day" and inserting in place thereof the words (five o'clock in the after- 
noon) so that said section as amended shall read as follows: 

70 : 7 Other Candidates. Each candidate at the primary or election for 
councilor, state senator, county officer, or representative to the general 
court, and candidates for alternate delegate-at-large and alternate district 
delegate to a national party convention, who has expended a sum in 
excess of two hundred dollars, shall, not later than the second Friday 
after said primary or election before five o'clock in the afternoon, file 
with the secretary of state, and with the town or city clerk for the town 
or city in which he resides, a statement in like manner and detail of each 
receipt and expenditure, covering the period of the candidacy or election; 
excepting, however, the expenditures of political committees of the party 
to which the candidate belongs in elections other than primaries. 

6: 10 Expenditures by Political Committees. Amend RSA 70: 8 (supp) 
as inserted by 1955, 273: 1 by striking out in lines four and six the words 
"the close of the business day" and inserting in place thereof the words 
(five o'clock in the afternoon) so that said section as amended shall read 
as follows: 

70 : 8 Political Committees. Each other political committee at the 
primary or election, which has expended a sum in excess of two hundred 
dollars, shall, not later than the Wednesday preceding an election before 
five o'clock in the afternoon, file with the secretary of state, a statement 
in like manner and detail of each receipt and expenditure, and, not later 
than the second Friday after an election before five o'clock in the after- 
noon, another statement in like manner and detail of each receipt and 
expenditure. If the political committee is organized to support a candidate 
in any election, it shall first secure the written consent of the candidate 
or his fiscal agent, before it receives or spends any money or thing of 
value, and its officers shall file such written consent with the secretary of 
state immediately; but this limitation shall not apply to the political 
committee of the party to which the candidate belongs in elections other 
than primaries. 

6:11 Filing of Expenditures by State Committees. Amend RSA 70 : 21 
by striking out in line three the words "before the close of the business 
day" and inserting in place thereof the words (before five o'clock in the 
afternoon) so that said section as amended shall read as follows : 

70 : 21 Statement by State Committee. The state committee of every 
political party shall file, not later than the Friday preceding the election 



8 Chapter 7 [1971 

before five o'clock in the afternoon with the secretary of state, and also 
publish in two daily newspapers in this state, an itemized statement, signed 
and sworn to by its chairman and treasurer, showing in detail all its 
receipts with the names of the persons by whom they were contributed 
and respective amounts thereof, and the names of the persons, corpora- 
tions or committees to whom they were paid, with the specific nature 
and amount of each expenditure. Not later than the second Friday after 
said election another itemized statement, signed and sworn to by the 
same officers, shall be likewise filed and published, covering in like manner 
all receipts and expenditures subsequent to the first statement. 

6:12 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved February 18, 1971.] 

[Effective date April 18, 1971.] 



CHAPTER 7. 



AN ACT CHANGING THE DUE DATE FOR THE PAYMENT OF UNCLAIMED 
PARI-MUTUEL POOL TICKET MONEY TO THE STATE TREASURER. 

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

7: 1 Racing Money. Amend RSA 284: 31 (supp) as amended by 1957, 
165 : 1 and 1969, 42 : 1 by striking out in lines one and two the words "the 
third Monday in December" and inserting in place thereof the words 
(December thirty-first) so that said section as amended shall read as 
follows : 

284 : 31 Unclaimed Ticket Money. On or before December thirty-first 
of each year every person, association or corporation conducting a race or 
race meet hereunder shall pay to the state treasurer all moneys collected 
during the year of pari-mutuel pool tickets which have not been redeemed. 
The books or records of said person, association or corporation, which 
clearly show the tickets entitled to reimbursement in any given race, 
shall be forwarded to the commission. Such moneys shall be retained by 
the state treasurer and he shall pay the amount due on any ticket to the 
holder thereof upon an order from the commission. After the expiration 
of two years, any such moneys still in the custody of the state treasurer 
shall become a part of the general funds of the state. 

7 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved February 18, 1971.] 

[Effective date April 19, 1971.] 



CHAPTER 8. 



AN ACT CHANGING THE DATES FOR RETURN OF REVENUE TO CITIES AND 
TOWNS, AND PROVIDING FOR REIMBURSEMENT FOR INTEREST COSTS. 

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

8: 1 Changing the Time for Return of Revenue to Cities and Towns. 

Amend RSA 31-A: 5, II (supp) as inserted by 1970, 5: 16 by striking out 



1971] Chapter 9 9 

the first sentence of said paragraph and inserting in place thereof the 
following (In each year subsequent to 1970 the state treasurer shall pay 
over to each city or town the amount due to it in installments as follows: 
one half on July fifteenth, one quarter on September first and one quarter 
on December first; provided that if a city or town has adopted or at 
any time adopts a fiscal year ending in June the state treasurer, starting 
with the year 1971 in the case of a city or town which has already adopted 
such a fiscal year and starting in the year in which the fiscal year change 
takes effect in the case of a city or town hereafter adopting such a fiscal 
year, and each year thereafter in both cases shall make payment in four 
equal installments, on March fifteenth, June fifteenth, September fifteenth 
and December fifteenth.) so that said paragraph as amended shall read 
as follows : 

II. In each year subsequent to 1970 the state treasurer shall pay over to 
each city or town the amount due to it in installments as follows: one 
half on July fifteenth, one quarter on September first and one quarter 
on December first; provided that if a city or town has adopted or at any 
time adopts a fiscal year ending in June the state treasurer, starting with 
the year 1971 in the case of a city or town which has already adopted 
such a fiscal year and starting in the year in which the fiscal year change 
takes effect in the case of a city or town hereafter adopting such a fiscal 
year, and each year thereafter in both cases shall make payment in four 
equal installments, on March fifteenth, June fifteenth, September fifteenth 
and December fifteenth. There is hereby appropriated for each fiscal year 
a sum sufficient to make the payments provided for by this section. The 
governor is authorized to draw his warrant for the sums appropriated by 
this section out of any money in the treasury not otherwise appropriated. 

8: 2 Reimbursement of Interest. In 1971, in the cases of those cities 
and towns payments to which have been delayed by the effect of section 1 
of this act to July 15, 1971, the state treasurer shall pay to such cities 
and towns an additional amount to be computed by applying to the amount 
of such payments an interest rate of three (3) percent per annum from 
March 1 to July 15 and from June 1 to July 15 respectively. The additional 
amounts provided for in this section shall be paid on July 15, 1971 and 
shall be paid whether or not any city or town actually incurred additional 
borrowing expense. There is hereby appropriated a sum sufficient to make 
the payments provided for by this section. The governor is authorized 
to draw his warrant for the sums appropriated by this section out of any 
money in the treasury not otherwise appropriated. 

8 : 3 Effective Date. This act shall take effect upon its passage. 

[Approved February 25, 1971, 7:30 P.M.] 

[Effective date February 25, 1971, 7:30 P.M.] 



CHAPTER 9. 



AN ACT MAKING CORRECTION IN THE LAWS RELATIVE TO RETAIL 

BUSINESSES. 

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

9:1 Memorial and Veterans Day. Amend RSA 578:5-a (supp) as 
inserted by 1967, 47: 1 by striking said section and inserting in place 
thereof the following: 



10 Chapter 10 [1971 

578 : 5-a [New] Retail Businesses, Closed on Memorial 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 Memo- 
rial Day and Veterans Day until twelve noon. 

9 : 2 Effective Date. This act shall take effect May 15, 1971. 

[Approved March 2, 1971.] 

[Effective date May 15, 1971.] 



CHAPTER 10. 



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

TO A CLASS II HIGHWAY. 

Be it Enacted by the Senate and House of Repi^esentatives in General 
Court convened: 

10 : 1 Class V Highway in Sutton. After the effective date of this act, 
the 1.1 miles of class V highway, known as the relocation of North Road, 
which begins at New Hampshire Route 114 and runs easterly, underpassing 
interstate 89, to relocated Shaker Street is classified as a class II highway. 

10 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 2, 1971.] 
[Effective date May 1, 1971.] 



CHAPTER 11. 

AN ACT PROVIDING THAT PERSONS IMPRISONED FOR OFFENSES AGAINST 
ORDER AND DECENCY MAY BE COMMITTED TO A HOUSE OF CORRECTION 

OR TO A COUNTY JAIL. 

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

11:1 County Jail as Alternative to House of Correction. Amend 
RSA 570 : 30 by striking out the same and inserting in place thereof the 
following : 

570 : 30 Place of Imprisonment. All persons imprisoned for any viola- 
tion of the provisions of this chapter shall be committed to a house of 
correction or to a county jail. 

11:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 2, 1971.] 
[Effective date May 1, 1971.] 



1971] Chapter 12 11 

CHAPTER 12. 

AN ACT PERMITTING PERSONS CONVICTED OF CERTAIN SEX CRIMES TO 

WAIVE PSYCHIATRIC OBSERVATION AND EXAMINATION, AND REMOVING 

THE MINIMUM TIME FOR WHICH THEY MAY BE SO COMMITTED. 

Be it Enacted by the Senate and House of Representatives in General 
Court conve7ied: 

12: 1 Waiving Psychiatric Examination and Eliminating Minimum 
Period for Commitment. Amend RSA 173-A:3, I (siipp) as inserted by 
1969, 443: 1 by striking out said paragraph and inserting in place thereof 
the following: 

I. When Required. Whenever a person is convicted of one or more of the 
following sex offenses: unnatural and lascivious act, bestiality, sodomy, 
enticing female child, rape, except in the case of rape where the woman is 
under the age of sixteen and carnal copulation is without force and not 
against her will, or any attempt to commit such offenses, the convicting 
court shall, prior to sentencing, commit such person to the New Hampshire 
Hospital for psychiatric observation and examination, for a period of not 
more than ninety days. However, the defendant, with the court's permis- 
sion, may waive such observation and examination. Whenever a person is 
convicted of one or more of the following sex offenses: incest, rape where 
the woman is under the age of sixteen and carnal copulation is without 
force and not against her will, or is convicted more than once for lewdness 
or indecent exposure, or any attempt to commit such offenses, the con- 
victing court may in its discretion, prior to sentencing commit such per- 
son to the New Hampshire Hospital for psychiatric observation and 
examination, for a period of not more than ninety days. The New Hamp- 
shire Hospital may require the cooperation of any state agencies in obtain- 
ing and furnishing information. It may also require any agency, public 
or private, to furnish copies of any information or records in the posses- 
sion of such agency, without court order and notwithstanding any other 
provisions of the law as to the use or availability of such information 
or records. Prior to the end of ninety days, the superintendent of New 
Hampshire Hospital shall file a report with the committing court to in- 
clude one of the following conclusions : 

(a) That said person is not considered to be a dangerous sexual 
offender but that he is in need of and amenable to psychiatric treatment 
and that hospital confinement be continued until further order of the 
court, or until expiration of the maximum time for which said person is 
sentenced. 

(b) That said person is not considered to be a dangerous sexual 
offender and does not require psychiatric treatment. 

(c) That there is psychiatric and/or psychological evidence suggesting 
that said person might be a dangerous sexual offender. A certified copy 
of this report shall be served upon the person examined within three 
days after the filing thereof with the court. 

12 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 4, 1971.] 

[Effective date May 3, 1971.] 



12 Chapter 13 [1971 

CHAPTER 13. 

AN ACT TO ALLOW NONRESIDENTS TO SERVE LEGAL PROCESS ON THE 
SECRETARY OF STATE AS AGENT FOR FOREIGN CORPORATIONS. 

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

13: 1 Nonresidents or Residents May Serve Process. Amend RSA 
300: 14 as inserted by 1965, 198: 1 by striking out in line two the words 
"with a resident of New Hampshire" and in hne five the words "against 
a resident of New Hampshire" so that said section as amended shall read 
as follows: 

300 : 14 Appointment of Process Agent by Foreign Corporation. If a 
foreign corporation makes a contract to be performed in whole or in part 
by either party in New Hampshire, or if such foreign corporation com- 
mits a tort in whole or in part in New Hampshire, such acts shall be 
deemed to be doing business in New Hampshire by such foreign corpora- 
tion and shall be deemed equivalent to the appointment by such foreign 
corporation of the secretary of the state of New Hampshire and his suc- 
cessors to be its true and lawful attorney upon whom may be served all 
lawful process in any actions or proceedings against such foreign corpora- 
tion arising from or growing out of such contract or tort. The making of 
such contract or the committing of such tort shall be deemed to be the 
agreement of such foreign corporation that any process against it which is 
so served upon the secretary of state shall be of the same legal force and 
effect as if served on the foreign corporation at its principal place of 
business in the state or country where it is incorporated and according 
to the law of that state or country. 

13:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 11, 1971.] 

[Effective date May 10, 1971.] 



CHAPTER 14. 

AN ACT RELATIVE TO THE COMPOSITION OF THE JUDICIAL COUNCIL. 

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

14: 1 Clerk of Superior Court to be Member, and Probate Member 
Selected by the Justices. Amend RSA 494: 1 (supp) as amended by 1969, 
395 : 1 by striking out the same and inserting in place thereof the following: 

494: 1 Judicial Council. There is hereby estabhshed a judicial council 
which shall consist of a justice of the supreme court, selected by the 
justices thereof, a justice of the superior court, selected by the justices 
thereof, a judge of probate, selected by the justices thereof, the attorney 
general, the president of the New Hampshire Bar Association, a clerk 
of the superior court, selected by the clerk's association, and seven other 
members appointed by the governor with the advice and consent of the 
council, of whom not less than four shall be members of the bar of wide 
experience. 



1971] Chapter 15 13 

14:2 Effective Date. This act shall take effect sixty days after its 
passage for the addition of the member who is clerk of the superior 
court and shall take effect upon the expiration of the term of the probate 
judge now serving on the council so far as it relates to the change in the 
method of the selection of such member. 

[Approved March 11, 1971.] 

[Effective date, May 10, 1971 and pursuant to section 2.] 



CHAPTER 15. 



AN ACT RELATIVE TO THE 1971 APPROPRIATION FOR THE DIVISION 
OF PARKS AND REVISING THE APPROPRIATION FOR THE STATE LIBRARY 

FOR TITLE IV-A FUNDS. 

Be it E7iacted hy the Senate and House of Representatives in General 
Court convened: 

15 : 1 Appropriation Decreased. Amend Laws of 1969, 368 : 4 in the ap- 
propriation for the division of parks by striking out in the appropriation 
for Bonds and interest the following : 

Chapter 263, laws of 1961 

Issue of 1969 89,000 

15 : 2 Appropriations Increased. Amend Laws of 1969, 368 : 4 in the 
appropriation for the division of parks ; 

I. Administration, Other personal services : by striking out the line item : 
"Other 3,500" 

and inserting in place thereof the following : 
(Other 8,000) 

n. Self-supporting parks: 

(a) Personal services : by striking out the line item : 
"other 182,920" 

and inserting in place thereof the following : 
(other 218,920) and 

(b) By striking out the line item : 
"Current expenses* 132,710" 

and inserting in place thereof the following : 

(Current expenses* 147,710) 

(c) By striking out the line item : 
"Major repairs t $45,000 

and inserting in place thereof the following : 
(Major repairs f $50,000 # 

(d) By inserting after the footnote marked "*" the following new 
footnote: # $2,000 of this appropriation shall be used for repair and/or 
replacement of disposal facilities at Mt. Sunapee state park. 

TIL Service parks: 

(a) Personal services : by striking out the line item : 
"Other 390,811" 

and inserting in place thereof the following : 



14 Chapter 16 [1971 

(Other 395,811) 

(b) By striking out the line item : 
"Current expenses 110,000" 

and inserting in place thereof the following : 
(Current expenses 112,400) 

IV. Hampton special services. Personal services : by striking out the line 
item: 

"Other + $30,609" 

and inserting in place thereof the following : 
(Other + $35,609) 

15: 3 Totals Adjusted. Any totals in Laws of 1969, 368 which are af- 
fected by the changes made by sections 1 and 2 of this act shall be ad- 
justed to the correct amounts. 

15:4 State Library. Amend Laws of 1969, 368:4, in the appropria- 
tion for the state library — title IV-A by deleting said appropriations and 
inserting in place thereof the following : 

Title IV-A: 

Personnel Services 

Permanent 14,599 

Current Expenses 650 

Travel 

In state 200 

Out of state 200 

Equipment 16,751 

Other Expenditures 

Grants 4,374 

Social Security 1,226 



Total 38,000 

Less estimated federal funds 38,000 



Net appropriation — — 

15 : 5 Effective Date. This act shall take effect upon passage. 

[Approved March 25, 1971.] 

[Effective date March 25, 1971.] 



CHAPTER 16. 

AN ACT PROHIBITING THE USE OF MOTOR BOATS ON CHOCORUA LAKE. 

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

16:1 Motor Boats Prohibited. Amend RS A 486 by inserting after sec- 
tion 9 the following new section : 

486 : 10 [New] Chocorua Lake. On and after the effective date of 
this act, no person shall use or operate any motorboat or any boat equipped 
with an outboard motor upon the waters of Chocorua Lake in Tam worth. 



1971] Chapter 17 15 

Whoever violates the provisions of this section shall be fined not more 
than fifty dollars. 

16: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 17. 

AN ACT RELATIVE TO THE POWERS OF THE BOARD OF NURSE REGISTRA- 
TION, DUTIES OF NURSES, AND INCREASING CERTAIN FEES. 

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

17:1 Conditions of Practicing Professional Nursing. Amend RSA 
326-A : 2, I as inserted by 1959, 265 : 1 by adding at the end of said para- 
^•raph the following: (unless such acts under emergency or other special 
conditions, may include special training, as are recognized by the medical 
and nursing professions as proper to be performed by a professional nurse 
under such conditions, even though such acts might otherwise be consid- 
ered diagnosis and prescription.) so that said paragraph shall read as 
follows : 

I. The practice of professional nursing means the performance for com- 
pensation of any act in the observation, care and counsel of the ill, injured 
or infirm, or in the maintenance of health or prevention of illness of others, 
or in the supervision and teaching of other personnel, or the administra- 
tion of m.edications and treatments as prescribed by a licensed physician 
or dentist; requiring substantial specialized judgment and skill and based 
on knowledge and application of the principles of biological, physical and 
social science. The foregoing shall not be deemed to include acts of diag- 
nosis or prescription of therapeutic or corrective measures, unless such 
acts under emergency or other special conditions, may include special 
training, as are recognized by the medical and nursing professions as 
proper to be performed by a professional nurse under such conditions, even 
though such acts might otherwise be considered diagnosis and prescrip- 
tion. 

17:2 Fees for Administration of this Chapter. Amend RSA 326-A : 3, 
IV as inserted by 1959, 265: 1 by adding at the end thereof the following 
(and (d) the setting of reasonable fees, not otherwise provided by RSA 
326-A : 5 and RSA 326-A : 6 for the conduct of this chapter, including 
those for temporary permits, verifications, late renewals and reinstate- 
ments, proctoring examinations for other boards of nursing, duplicates of 
documents and manuals. The fee for any one of the above services shall 
not be in excess of twenty dollars.) so that said paragraph as amended 
shall read as follows : 

IV. Rules, Reports and Fees. The board, with the advice of the com- 
missioner of education, shall be responsible for: (a) all necessary rules 
for the examination of nurses applying for certificates hereunder, (b) all 
rules for the administration of this chapter and (c) the preparation of an 



16 Chapter 17 [1971 

annual report to the governor of the receipts and expenditures under the 
provisions thereof and (d) the setting of reasonable fees, not otherwise 
provided by RSA 326-A: 5 and RSA 326-A: 6 for the conduct of this chap- 
ter, including those for temporary permits, verifications, late renewals and 
reinstatements, proctoring examinations for other boards of nursing, du- 
plicates of documents and manuals. The fee for any one of the above serv- 
ices shall not be in excess of twenty dollars. 

17:3 Registration Fees. Amend RSA 326-A: 5, III as inserted by 
1959, 265 : 1 by striking out said paragraph and inserting in place thereof 
the following : 

III. Fees. Each person applying for examination and/or certification of 
registration to practice as a registered nurse, shall pay to the commis- 
sioner of education a fee of no less than fifteen dollars and no more than 
thirty dollars as determined yearly by the board. The commissioner of ed- 
ucation shall pay all fees collected by the board to the state treasurer who 
shall keep the same in a separate fund to be used only for the purposes of 
the board hereunder. 

17:4 Requirements for Suspension and Revocation of Nurses Li- 
cense. Amend RSA 326-A : 8 as inserted by 1959, 265 : 1 by striking out 
said section and inserting in place thereof the following: 

326-A: 8 Suspension and Revocation. No certificate of registration 
shall be suspended or revoked until after a hearing before the board upon 
written notice of fourteen days. Such notice shall be served personally or 
by registered mail and shall set forth the date and place of the hearing and 
the grounds constituting the charges against the person complained of. All 
hearings shall be private except upon request of the party involved. No 
person shall practice professional nursing under any suspended or revoked 
certificate. The board shall have the power to deny, revoke or suspend any 
license to practice nursing issued by the board or applied for in accordance 
with the provisions of this chapter or to otherwise discipline a licensee 
upon proof of any of the following violations : 

I. Is guilty of fraud or deceit in procuring or attempting to procure a li- 
cense to practice nursing ; or 

II. Has been convicted of a felony or any offense involving moral turpi- 
tude; or 

III. Is guilty of unprofessional conduct ; or 

IV. Is unfit or incompetent by reason of negligent habits or other 
causes ; or 

V. Is habitually intemperate or is addicted to the use of habit-forming 
drugs; or 

VI. Is mentally incompetent or physically unsafe to practice nursing ; or 

VII. Has wilfully or repeatedly violated the provisions of this act; or 

VIII. Has had his license to practice nursing denied, suspended or re- 
voked in another jurisdiction and not reinstated. 

17:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



1971] Chapter 18 17 

CHAPTER 18. 

AN ACT TO AUTHORIZE USE OF FICTITIOUS NAMES IN CERTAIN 
PROCEEDINGS IN EQUITY. 

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

18: 1 Name of Defendant Unknown. Amend RSA 491 by inserting 
after section 14 the following new section : 

491 : 14-a [New] Defendant's Name. When the name of the defend- 
ant is unknown to the plaintiff a bill in equity may be brought against him 
by a fictitious name and, it shall not for that cause be abated, but may be 
amended on such terms as the court may order. 

18:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 19. 



AN ACT EXPANDING THE SUBSTANCES CONTROLLED BY THE ECONOMIC 
POISONS LAW AND BROADENING THE POWERS OF THE COM- 
MISSIONER TO CONTROL SAID SUBSTANCES. 

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

19:1 Definition of Economic Poison. Amend RSA 438 : 1, I by strik- 
ing out said paragraph and inserting in place thereof the following: 
I. The term "economic poison" means : 

(a) Any substance or mixture of substances intended for prevent- 
ing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, 
or other forms of plant or animal life or viruses, except viruses on or in 
living man or other animals, which the commissioner shall declare to be a 
pest, and 

(b) Any substance or mixture of substances intended for use as a 
plant regulator, defoliant or desiccant. 

19 : 2 Definition of Active Ingredient. Amend RSA 438 : 1, X by strik- 
ing out said paragraph and inserting in place thereof the following : 
X. The term "active ingredient" means in the case of: 

(a) An economic poison other than a plant regulator, defoliant, or 
desiccant, an ingredient which will prevent, destroy, repel or mitigate in- 
sects, nematodes, fungi, rodents, weeds, or other pests; 

(b) A plant regulator, an ingredient which, through physiological ac- 
tion, will accelerate or retard the rate of maturation or otherwise alter the 
behavior of ornamental or crop plants or the produce thereof ; 

(c) A defoliant, an ingredient which will cause the leaves or foliage 
to drop from a plant ; 



18 Chapter 19 [1971 

(d) A desiccant, an ingredient which will artificially accelerate the 
drying of plant tissue. 

19: 3 Misbranding of Certain Economic Poisons. Amend RSA 438: 1, 
XVII, (2), (g) by striking out the same and inserting in place thereof the 
following : 

(g) if in the case of an insecticide, nematocide, fungicide, or herbi- 
cide, when used as directed or in accordance with commonly recognized 
practice, it shall be injurious to living man or other animals or vegeta- 
tion, except weeds, to which it is applied, or to the person applying such 
economic poison; 

(h) in the case of a plant regulator, defoliant, or desiccant when 
used as directed it shall be injurious to living man or other animals, or 
vegetation to which it is applied, or to the person applying such eco- 
nomic poison. Provided, that physical or physiological effects on plants 
or parts thereof shall not be deemed to be injury, when this is the pur- 
pose for which the plant regulator, defoliant or desiccant was applied, 
in accordance with the label claims and recommendations. 

19 : 4 Definitions. Amend RSA 438 : 1 by inserting after paragraph 
XVII the following new paragraphs : 

XVIII. The term "nematocide" means any substance or mixture of sub- 
stances intended for preventing, destroying, repelling or mitigating nema- 
todes. 

XIX. The term "plant regulator" means any substance or mixture of 
substances, intended through physiological action, for accelerating or re- 
tarding the rate of growth or rate of maturation, or for otherwise alter- 
ing the behavior of ornamental or crop plants or the produce thereof, but 
shall not include substances to the extent that they are intended as plant 
nutrients, trace elements, nutritional chemicals, plant inoculants, and soil 
amendments. 

XX. The term "defoliant" means any substance or mixture of substances 
intended for causing the leaves or foliage to drop from a plant, with or 
without causing abscission. 

XXI. The term "desiccant" means any substance or mixture of sub- 
stances intended for artificially accelerating the drying of plant tissues. 

XXII. The term "nematode" means invertebrate animals of the phylum 
nemathelminthes and class Nematoda, that is, unsegmented round worms 
with elongated, fusiform, or saclike bodies covered with cuticle, and in- 
habiting soil, water, plants or plant parts; may also be called nemas or 
eelworms. 

XXIII. The term "person" means any individual, partnership, associa- 
tion, corporation, or organized group of persons whether incorporated or 
not. 

XXIV. The term "registrant" means the person registering any eco- 
nomic poison pursuant to the provisions of this chapter. 

XXV. The term "restricted use pesticide" means any economic poison 
which the commissioner has found and determined, subsequent to a hear- 
ing, to be injurious to persons, pollinating insects, bees, animals, crops, 
wildlife, or lands other than the pests it is intended to prevent, destroy, 
control or mitigate. 

XXVI. The term "pesticide dealer" m.eans any person who is engaged in 
the business of distributing, selling, offering for sale, or holding for sale 
"restricted use pesticides" and/or any other economic poisons for distribu- 



1971] Chapter 19 19 

tion directly to users. Exempt from the term "pesticide dealer" are those 
persons whose sales are limited to economic poisons in consumer sized 
packages which are labeled and intended for home and garden use only. 
This exemption does not apply to any person selling restricted use pesti- 
cides. 

19: 5 Notification of Articles Noncompliance. Amend RSA 438: 8 by 
striking out said section and inserting in place thereof the following: 

438 : 8 Corrections before Registration. If it does not appear to the 
commissioner that the article is such as to warrant the proposed claims 
for it or if the article and its labeling and other material required to be 
submitted do not comply with the provisions of this chapter, he shall no- 
tify the registrant of the manner in which the article labeling, or other ma- 
terial required to be submitted fail to comply with the chapter so as to af- 
ford the registrant an opportunity to make the necessary correction. If 
upon receipt of such notice, the applicant does not make the correction, 
the commissioner may refuse to register the article. The commissioner, in 
accordance with the procedures specified herein, may suspend or cancel 
the registration of an economic poison whenever it does not appear that 
the article or its labeling complies with the provisions of this chapter. 
Whenever an application for registration is refused or the commissioner 
proposes to suspend or cancel a registration, notice of such action shall be 
given to the applicant or registrant who shall have thirty days from the 
date of such notice to request a hearing on the proposed action of the 
commissioner. The hearing shall be conducted by the commissioner, or his 
designee, for the purpose of receiving evidence relevant and material to 
the issues, following the conclusion of which the commissioner shall issue 
an order with findings of fact and notify the applicant or registrant 
thereof. The commissioner's order shall be based only on substantial evi- 
dence of record taken at the hearing. 

19: 6 Commissioner's Powers. Amend RSA 438: 10 by striking out 
said section and inserting in place thereof the following: 

438: 10 Rules and Regulations; Restricted Use Pesticides. 

I. The commissioner is authorized, after due notice and a public hear- 
ing, to make appropriate rules and regulations for carrying out the pro- 
visions of this chapter, including but not limited to rules and regulations 
providing for : 

(a) The collection and examination of samples of economic poisons or 
devices ; 

(b) The safe handling, transportation, storage, display, distribution, 
and disposal of economic poisons and their containers; 

(c) Restricting or prohibiting the use of certain types of containers 
or packages for specific economic poisons, which restrictions may apply to 
type of construction, strength, and/or size to alleviate danger of spillage, 
breakage or misuse. 

II. The commissioner shall adopt the hst of "restricted use pesticides" 
adopted by the pesticides control board as defined in RSA 149-D: 2 for the 
state or for designated areas within the state. The commissioner may by 
regulation specify the time and conditions of sale or distribution of such 
"restricted use pesticides" and may, if he deems it necessary to carry out 
the provisions of this chapter, require that any or all "restricted use 



20 Chapter 19 [1971 

l^esticides" shall be purchased and possessed only under permit of the com- 
missioner and under his direct supervision in certain areas and/or under 
certain conditions or in certain quantities or concentrations: provided, 
that any person licensed to sell such economic poisons may purchase and 
possess such economic poisons without a permit. 

19: 7 Dealer's License; Pesticide Control. Amend RSA 438 by insert- 
ing after section 17 the following new sections: 

438: 18 [New] Pesticide Dealer License. 

I. No person shall act in the capacity of a pesticide dealer or shall en- 
gage in the business of, advertise as, or assume to act as a pesticide dealer 
unless he has obtained an annual license from the commissioner, which 
shall expire on December thirty-first of each year. A license shall be re- 
quired for each location or outlet from which such economic poisons are 
distributed, sold, held for sale, or offered for sale. 

IL Application for a license shall be accompanied by a ten dollar annual 
license fee and shall be on a form prescribed by the commissioner and 
shall include the full name of the person applying for such license. If such 
applicant is an individual, receiver, trustee, firm, partnership, association 
or corporation, the full name of each member of the firm or partnership or 
the names of the officers of the association or corporation shall be given on 
the application. Such application shall further state the principal business 
address of the applicant in the state and elsewhere and the name of a per- 
son domiciled in this state authorized to receive and accept service of sum- 
mons of legal notices of all kinds for the applicant, and any other neces- 
sary information prescribed by the commissioner; provided, that the pro- 
visions of this section shall not apply to a pesticide applicator who sells 
economic poisons only as an integral part of his pesticide application serv- 
ice when such economic poisons are dispensed only through apparatuses 
used for such economic poison application; provided further, that the pro- 
visions of this section shall not apply to any federal, state or county 
agency which provides economic poisons for their own programs. 

in. Each applicant shall satisfy the commissioner as to his knowledge 
of the laws and regulations governing the use and sale of economic 
poisons and his responsibility in carrying on the business of a pesticide 
dealer. Each em.ployee or agent of a pesticide dealer who sells or recom- 
mends "restricted use pesticides" shall satisfy the commissioner as to his 
knowledge of the laws and regulations governing the use and sale of such 
"restricted use pesticides". 

IV. Each pesticide dealer shall be responsible for the acts of each per- 
son employed by him in the solicitation and sale of economic poisons and 
all claims and recommendations for use of economic poisons. The dealer's 
license shall be subject to denial, suspension or revocation after a hearing 
for any violation of this chapter, whether committed by the dealer, or by 
the dealer's officer, agent or employee. 

V. Every licensed pesticide dealer who changes his address or place of 
business shall immediately notify the commissioner. 

438:19 [New] Handling and Storage. No person shall handle, trans- 
port, store, display, or distribute economic poisons in such a manner as to 
endanger man and his environment or to endanger food, feed, or any other 
products that may be transported, stored, displayed, or distributed with 
such economic poisons. 



1971] Chapter 20 21 

438:20 [New] Disposal. No person shall dispose of, discard, or store 
any economic poisons or economic poison containers in such a manner as 
may cause injury to humans, vegetation, crops, livestock, wildlife, polli- 
nating insects or to pollute any water supply or waterway. 

438:21 [New] Stop Sale, Use or Removal Orders. When the com- 
missioner or his authorized agent has reasonable cause to believe an eco- 
nomic poison or device is being distributed in violation of any of the pro- 
visions of this chapter, or of any of the prescribed regulations under this 
chapter, he may issue and serve a written "Stop Sale, Use or Removal" 
order upon the owner or custodian of any such economic poison or device. 
The economic poison or device shall not be sold, used or removed until the 
provisions of this article have been complied with and the pesticide or de- 
vice has been released by the commissioner or the violation has been other- 
wise disposed of as provided in this chapter by a court of competent juris- 
diction. 

19:8 Effective Date. RSA 438 : 18 as inserted by section 7 of this act 
shall take effect January 1, 1972 and the remainder of this act shall take 
effect sixty days after its passage. 

[Approved March 29, 1971.] 

[Effective date section 7 effective January 1, 1972, remainder of act shall 
take effect May 28, 1971.] 



CHAPTER 20. 

AN ACT ELIMINATING CERTAIN DUTIES OF THE SECRETARY OF STATE. 

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

20 : 1 Repeal. RSA 14 : 13 relating to delivery of papers concerning 
unfinished business of the general court, is hereby repealed. 

20 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 21. 

AN ACT RELATIVE TO SHOOTING ANIMALS HUNTED BY DOGS. 

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

21 : 1 Treed Animals. Amend RSA 207 by inserting after section 13-a 
the following new section : 

207: 13-b [New] Ti'eed Animals. It shall be unlawful for any per- 
son to shoot a game or fur-bearing animal which has been treed or cor- 



22 Chapter 22 [1971 

nered by a dog, unless the owner of said dog, or a member of his hunting 
party, is present when the animal is shot. Persons violating the provisions 
of this section shall be fined not more than fifty dollars or imprisoned not 
more than thirty days or both. 

21:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 22. 



AN ACT RELATING TO FISHING WITHOUT A LICENSE BY PATIENTS 
AT THE DARTMOUTH-HITCHCOCK MENTAL HEALTH CENTER. 

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

22:1 Special Fishing Permits. Amend RSA 214:14 (supp) as 
amended by 1963, 88 : 1 and 1969, 64 : 1 by striking out said section and in- 
serting in place thereof the following : 

214: 14 Patients at Certain Institutions. Patients of the veterans 
hospitals at White River Junction, Vermont and Manchester, New Hamp- 
shire, of the Crotched Mountain Rehabilitation Center at Greenfield, New 
Hampshire, and the Dartmouth-Hitchcock Mental Health Center at Han- 
over, New Hampshire, may fish without a license on a special permit is- 
sued by the doctor in charge when such form of recreation may be of 
therapeutic benefit to such patients, provided that no such special permit 
shall be valid for a period longer than the length of residency at the insti- 
tution of the patient to whom the special permit is issued. Patients fishing 
under the provisions of this section shall be under the direct supervision 
of the recreation supervisor, or his designate, of said institutions. The 
fish and game director shall furnish permit forms to said institutions at 
their request, to be filled out when issued. The number of permits issued 
shall be reported to the director once each year as he shall direct. 

22: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 23. 



AN ACT PROHIBITING THE USE OF A CROSSBOW IN TAKING FISH, 
WILD BIRDS OR WILD ANIMALS. 

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

23: 1 Crossbow Prohibited. Amend RSA 207: 10 as amended by 1955, 
48: 1 by inserting in line one after the words "set and trap lines" the word 



1971] Chapter 24 23 

(crossbows) and by inserting in line six after the words "pivet or set gun" 
the words (or crossbow) so that said section as amended shall read as fol- 
lows: 

207: 10 Prohibited Devices. Tip-ups, set and trap lines, crossbows, 
spears, grappling hooks, naked hooks, snatch hooks, eel wires, eel pots and 
nets, shall not be used in any fresh waters of the state to take fish, unless 
otherwise specifically permitted. No person shall have in his possession, 
while hunting or trapping any wild bird, or wild animal, including bear, 
any snare, jack or artificial light, swivel, pivet or set gun, or crossbow ex- 
cept as otherwise permitted. Any person convicted of illegal night hunting 
shall forfeit such firearms, jacks or other equipment used or usable in the 
illegal night hunting at the time of such violation. Such articles, upon con- 
viction of a violation of illegal night hunting shall become the property of 
the fish and game department, and shall be sold at auction by the director 
within one year of the forfeiture. 

23 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Eflfective date May 28, 1971.] 



CHAPTER 24. 



AN ACT RELATIVE TO SPECIAL LICENSES FOR TAKING 
BIRDS AND ANIMALS. 

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

24 : 1 Special Licenses. Amend RSA 214 : 30 by striking out said sec- 
tion and inserting in place thereof the following: 

214: 30 Rights of Licensee. Such licenses shall set forth the purpose 
for which the same are issued and shall state with exactness the privileges 
granted to the licensee. Such licensee shall carry the license on his person 
when he is engaged in doing any of the acts permitted by the license, ex- 
cept that no license shall be required for the common practice of capturing 
and banding game and song birds ; however, a permit without fee shall be 
required and issued under such reasonable stipulations as the director may 
deem necessary. This shall not dispense with the necessity of such federal 
permits when required by federal law. 

24 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



24 Chapter 25 [1971 

CHAPTER 25. 

AN ACT RELATIVE TO STATE BRIDGE AND TOWN BRIDGE AID. 

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

25:1 State Bridge Aid. Amend RSA 242:9 (supp) as amended by 
1957, 133: 1 and 1967, 436: 1 by striking out said section and inserting in 
place thereof the following : 

242 : 9 Cost ; How Borne : State Bridge Aid. When public convenience 
and necessity require the construction or reconstruction of any bridge on 
a class II highway the cost thereof shall be borne as follows: 

I. In towns whose equalized valuation does not exceed two million dollars 
the town shall pay one sixth and the state five sixths. 

II. In towns whose equalized valuation is more than two million dollars 
and not more than five million dollars the tovm shall pay one fifth and the 
state four fifths. 

III. In towns whose equalized valuation is more than five million dollars 
and not more than twelve million dollars the town shall pay one quarter 
and the state three quarters. 

IV. In towns whose equalized valuation is more than twelve million dol- 
lars the town shall pay one third and the state two thirds. 

25: 2 Town Bridge Aid. Amend RSA 242: 10 (supp) as amended by 
1957, 134: 1 and 1967, 436: 2 by striking out said section and inserting in 
place thereof the f ollovring : 

242: 10 Town Bridge Aid. When public convenience and necessity re- 
quire the construction or reconstruction of any bridge on a class V high- 
way the cost thereof shall be borne as follows: 

I. In towns whose equalized valuation does not exceed two million dollars 
the town shall pay one eighth and the state seven eighths. 

II. In towns whose equalized valuation is more than two million dollars 
and not more than five million dollars the town shall pay one fifth and the 
state four fifths. 

III. In towns whose equalized valuation is more than five million dollars 
and not more than eight million dollars the town shall pay one fourth and 
the state three fourths. 

IV. In towns whose equalized valuation is more than eight million dollars 
and not more than twelve million dollars the town shall pay one third and 
the state two thirds. 

V. In towns whose equalized valuation is more than twelve million dol- 
lars the town shall pay one half and the state one half. 

25: 3 Effective Date. This act shall take effect July 1, 1971. 

[Approved March 29, 1971.] 

[Effective date July 1, 1971.] 



1971] Chapter 26 25 

CHAPTER 26. 

AN ACT RELATIVE TO TAKING A MOTOR VEHICLE WITHOUT 
THE OWNER'S CONSENT. 

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

26 : 1 Persons WIio May be Fined or Imprisoned. Amend RSA 263 : 82 
by striking out in line two the word "ride" so that said section, as 
amended, shall read as follows : 

263 : 82 Taking Without Owner's Consent. If any person shall will- 
fully, or mischievously take, drive, or use any motor vehicle without the 
consent of the owner or person having control thereof, but not with intent 
to steal the same, he shall be fined not more than one hundred dollars or 
imprisoned not more than one year, or both. 

26 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1971.] 
[Effective date May 28, 1971.] 



CHAPTER 27. 



AN ACT RELATIVE TO THE UNAUTHORIZED REMOVAL OF NATIONAL 
OR STATE FLAGS WHILE THEY ARE ON DISPLAY. 

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

27: 1 Amend RSA 573 by inserting after section 4 the following new 
section : 

573: 4-a [New] Unauthorized Removal of Flag. No person shall 
willfully and maliciously lower, or remove from its staff or place of display 
or exhibit, any such flag, standard, color or ensign, without the consent of 
the owner, or his agent, or other person having lawful authority concern- 
ing the lowering or removal thereof. 

27:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved xA.pril 1, 1971.] 
[Effective date May 31, 1971.] 



26 Chapter 28 [1971 

CHAPTER 28. 

AN ACT RELATIVE TO ABSENTEE VOTING BY MEMBERS 
OF ARMED SERVICES. 

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

28:1 Mailing Ballot to Town or City Clerk. Amend RSA 60:21 by 
striking out in line three the words "secretary of state" and inserting in 
place thereof the words (clerk of the city or town of his voting place) and 
by striking out in line twenty-one the words "secretary of state" and in- 
serting in place thereof the words (clerk of the city or town of his voting 
place) so that said section as amended shall read as follows: 

60:21 Voting Procedure. An armed services absentee who has re- 
ceived an armed services ballot may vote by mailing or causing to be de- 
livered to the clerk of the city or town of his voting place such ballot 
marked and sworn to as follows: He shall deliver said ballot to any official 
authorized by law to administer oaths, or any officer described in section 
16 hereof, for examination, who shall satisfy himself that it is unmarked 
and the voter shall not allow said official or officer to see how he marks it, 
and said voter shall mark said ballot in the presence of said official or offi- 
cer and no other person. Said official or officer shall hold no communication 
with the voter, nor he with said official or officer, as to how he is to vote; 
provided, however, that in the case of any armed services absentee who, 
because of blindness, or other physical disability, is unable to mark his 
ballot, such official or officer may assist him to mark his ballot as directed 
by said voter. Such official or officer shall certify on the outside thereof 
that it was so marked with his assistance, and shall thereafter give no in- 
formation regarding the same. After marking the ballot, the voter shall 
enclose and seal the same in the envelope provided for that purpose. He 
shall then execute before said official or officer the affidavit on said enve- 
lope and shall enclose and seal the envelope containing the ballot in the re- 
turn mailing envelope, endorse thereon his name and voting place, and 
shall then mail the envelope or cause it to be delivered to the clerk of the 
city or town of his voting place. 

28 : 2 Repeal. RSA 60 : 22 relative to receiving armed services ballots 
by the secretary of state is hereby repealed. 

28 : 3 Eflf ective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1971.] 
[Effective date May 31, 1971.] 



1971] Chapter 29 27 

CHAPTER 29. 

AN ACT RELATIVE TO SERVICE ROADS CONSTRUCTED BY THE STATE IN 
CONJUNCTION WITH LIMITED ACCESS FACILITIES. 

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

29: 1 Allowing Designation as Class VI Highway. Amend RSA 
236: 7-a as inserted by 1961, 6: 1 by striking out said section and inserting 
in place thereof the following : 

236: 7-a Auxiliary Roads. Any service roads constructed by the state 
in conjunction with but not a part of a limited access facility shall be clas- 
sified by the commissioner of public works and highways as a class IV, V 
or VI highway. After any such classification the provisions of RSA 236: 8 
and 9 shall not apply and thereafter the towns or cities shall maintain any 
road classified as class IV or V and the highway user shall maintain any 
road classified class VI, 

29 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1971.] 
[Effective date May 31, 1971.] 



CHAPTER 30. 



AN ACT ESTABLISHING THE TIME OF THE ANNUAL PUBLIC HEARINGS 
RELATIVE TO THE POWERS AND DUTIES OF THE FISH AND GAME 

DEPARTMENT. 

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

30:1 Time for Hearing Changed. Amend RSA 206:11 (supp) as 
amended by 1955, 32: 1; 1967, 16: 1 and 1969, 66: 1 by striking out in 
lines five and seven the numerals and words "10:00 a.m." and inserting in 
place thereof the numerals and words (8:00 p.m.) so that said section as 
amended shall read as follows : 

206: 11 — Hearings as to. Once each biennium, on the odd numbered 
year, the director shall hold public hearings for the purpose of hearing 
testimony relative to changes in the fishing rules and regulations or upon 
any other subject with respect to his duties. Such hearing shall be held at 
the superior court house in Concord commencing at 8:00 p.m. on the first 
Monday in June, and at the superior court house at Lancaster on the fol- 
lowing Friday commencing at 8:00 p.m. All suggested changes in the fish- 
ing rules and regulations proposed by the fish and game department, and 
any other suggested changes proposed by any person, or persons that the 
department may have knowledge of, shall be published at least twice in two 
newspapers having general circulation throughout the state, and in such 
other newspapers, magazines, or circulars as the director may deem desir- 
able to appraise the public of the agenda, between the dates of May first 



28 Chapter 31 [1971 

and May thirtieth immediately prior to the public hearing. In order for the 
director with the approval of the commission, to promulgate rules and reg- 
ulations changes under the authority confen-ed by this section, it shall be 
mandatory that the subject matter to be changed is to have appeared on 
the published agenda hereinbefore described. It shall be the duty of the 
members of the commission to be in attendance at such hearings. In the 
event of the illness of the director, or a majority of the commission not 
being present, or other unforeseen contingency, such hearings shall be ad- 
journed 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 biennial hearings held at 
Concord and Lancaster and at other public hearings that the director shall 
hold in accordance with 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. 

30:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1971.] 
[Effective date May 31, 1971.] 



CHAPTER 31. 



AN ACT PROVIDING THAT ENCUMBERED APPROPRIATIONS OF TOLLS 

COLLECTED ON CENTRAL NEW HAMPSHIRE TURNPIKE SHALL 

NOT LAPSE UNTIL THE OBJECT THEREOF 

IS ACCOMPLISHED. 

Be it Enacted by the Senate and House of Representatives in General 
Cou7't convened: 

31 : 1 Expenditure of Encumbered Tolls Made Nonlapsing. Amend 
RSA 257 by inserting after section 7-a the following new section: 

257: 7-b [New] Encumbered Tolls Nonlapsing. Notwithstanding the 
provisions of RSA 9: 18 any general appropriation of funds collected pur- 
suant to the provisions of this chapter which have been encumbered shall 
not lapse until the object for which the encumbrance was made has 
been accomplished. No later than two weeks after the convening of any 
regulai- session of the legislature, the state comptroller shall submit a list 
of all extensions of the time of lapsing of any such appropriation pursuant 
to this section to the chairman of the appropriations committee of the 
house of representatives and to the chaimian of the senate finance com- 
mittee. 

31 : 2 Effective Date. This act shall take effect June 30, 1971. 

[Approved April 1, 1971.] 

[Effective date June 30, 1971.] 



1971] Chapter 32 29 

CHAPTER 32. 

AN ACT PROVIDING THAT ENCUMBERED APPROPRIATIONS OF TOLLS 

COLLECTED ON EASTERN NEW HAMPSHIRE TURNPIKE SHALL NOT 

LAPSE UNTIL THE OBJECT THEREOF IS ACCOMPLISHED. 

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

32: 1 Expenditure of Encumbered Tolls Made Nonlapsing. Amend 
RSA 256 by inserting after section 8-b the following new section: 

256: 8-c [New] Encumbered Tolls Nonlapsing. Notwithstanding the 
provisions of RSA 9 : 18 any general appropriation of funds collected pur- 
suant to the provisions of this chapter which have been encumbered shall 
not lapse until the object for which the encumbrance was made has been 
accomplished. No later than two weeks after the convening of any regular 
session of the legislature, the state comptroller shall submit a list of all 
extensions of the time of lapsing of any such appropriation pursuant to 
this section to the chairman of the appropriations committee of the house 
of representatives and to the chairman of the senate finance committee. 

32: 2 Effective Date. This act shall take effect June 30, 1971. 

[Approved April 1, 1971.] 

[Effective date June 30, 1971.] 



CHAPTER 33. 



AN ACT INCREASING THE MEMBERSHIP OF THE COMMISSION ADVISORY 
TO THE COMMISSIONER OF RESOURCES AND DEVELOPMENT AND MAK- 
ING THE COMMISSIONER OF PUBLIC WORKS AND HIGHWAYS A MEMBER. 

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

33:1 Advisory Commission. Amend RSA 12-A:5 (supp) as inserted 
by 1961, 223: 3 by striking out said section and inserting in place thereof 
the following: 

12-A : 5 Advisory Commission Established. 

I. There shall be a commission advisory to the commissioner of re- 
sources and development which shall consist of the following eight mem- 
bers: 

(a) seven, who shall be appointed by the governor and council for a 
term of five years and until his successor is appointed and qualified ; and 

(b) one who shall be the commissioner of public works and high- 
ways or his designated representative whose appointment shall be coter- 
minous with the commissioner's tenure of office. 

II. In the event of a vacancy in membership of a member appointed 
hereunder, appointment shall be made in the same manner but for the un- 
expired term only. 



30 Chapter 34 [1971 

III. Members of the commission shall be residents of the state of New 
Hampshire, at least one of whom shall be qualified, experienced and rep- 
resentative of each of the following : 

(a) manufacturing-; 

(b) agriculture; 

(c) recreation; 

(d) forestry; 

(e) the general public ; 

(f) commerce; and 

(g) public relations. 

IV. The governor shall annually designate a chairman from among the 
membership. No member shall be eligible to serve as chairman more 
than three years, whether or not his service as such has been consecutive 
or interrupted, 

V. No more than four members of the commission, exclusive of the 
commissioner of public works and highways, shall be of the same political 
party. 

VI. Members of the commission shall serve without compensation but 
shall be entitled to receive mileage and expenses when in performance of 
the duties required hereunder. 

33 : 2 Present Membership. The tenure of office of commission mem- 
bers appointed prior to the effective date of this act shall not be affected 
by its passage. 

33 : 3 Repeal. RSA 12-A : 5-a relative to the political composition of 
the members of the resources and development advisory commission is 
hereby repealed. 

33 : 4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1971.] 
[Effective date May 31, 1971.] 



CHAPTER 34. 



AN ACT RELATIVE TO THE PURPOSES OF ISSUANCE OF 
MUNICIPAL BONDS OR NOTES. 

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

34 : 1 Planning Included. Amend RSA 33 : 3 by inserting in line two 
after the word "land" the follov/ing words (for planning relative to pub- 
lic facilities) so that said section as amended shall read as follows: 

33 : 3 Purpose of Issue of Bonds or Notes. A municipality or county 
may issue its bonds or notes for the acquisition of land, for planning rela- 
tive to public facilities, for the construction, reconstruction, alteration and 
enlargement or purchase of public buildings, for other public works or im- 
provements of a permanent nature, for the purchase of departmental 
equipment of a lasting character, and for the payment of judgments. A 



1971] Chapter 35 31 

municipality or county shall not issue bonds or notes to provide for the 
payment of expenses for current maintenance and operation except as 
otherwise specifically provided by law. 

34 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1971.] 
[Effective date May 31, 1971.] 



CHAPTER 35. 



JOINT RESOLUTION PROVIDING ADDITIONAL FUNDS FOR BOARD 
OF PROFESSIONAL ENGINEERS. 

Resolved by the Senate and House of Representatives in General Co?irt 

convened: 

In addition to funds appropriated for the board of professional en- 
gineers for the fiscal year ending June 30, 1971, there is hereby appropri- 
ated the sum of four thousand, seven hundred dollars to be expended by 
said board for purposes of administration of RSA 319. The governor is 
authorized to draw his warrant for the sum hereby appropriated out of 
any money in the treasury not otherwise appropriated. 

[Approved April 1, 1971.] 



CHAPTER 36. 



AN ACT CHANGING THE EFFECTIVE DATE OF A CHARTER 
APPROVED BY THE VOTERS OF THE CITY OF LACONIA. 

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

36 : 1 Effective Date of Charter. The charter adopted by the voters 
of the city of Laconia at the special election held April 2, 1970, shall take 
effect the fourth Tuesday of March, 1971. 

36 : 2 Election and Term of First Officers Under Charter. The first 
election of officers provided for by said charter shall be held on the second 
Tuesday of March, 1971, and no election shall be held on the Tuesday fol- 
lowing the first Monday in November, 1971. The terms of the officers so 
elected shall commence on the fourth Tuesday of March, 1971, and shall 
end on the first day of January, 1974, except in the case of members of 
the board of education whose terms shall end on the first day of January, 
1978. 

36 : 3 Regular Election Dates. Regular municipal elections after the 
election provided for in section 2 shall be held on the Tuesday following 
the first Monday in November in 1973, and in each odd numbered year 
thereafter. 



32 Chapter 37 [1971 

36 : 4 Referendum. The provisions of this act shall not take effect un- 
less it is adopted by a majority vote at a special meeting of the voters of 
the city of Laconia, which shall be held on Thursday, January 28, 1971. 
Notice of said meeting shall be warned and posted and the check list of 
voters qualified to vote therein shall be posted no later than January 18, 
1971. The city clerk shall cause to be placed on a special ballot the follow- 
ing question : "Shall the provisions of an act entitled, 'An Act changing the 
effective date of a charter approved by the voters of the city of Laconia' 
passed at the 1971 session of the general court be adopted?" Beneath the 
question shall be printed the word "Yes" and the word "No" with a 
square immediately opposite each word in which the voter may indicate 
his choice. The referendum relative to the adoption of this act shall be 
conducted in every way, except as herein otherwise provided, in the same 
manner as the election of officers. If a majority of those voting on the 
question at the election vote in the affirmative on the question, this act 
shall be declared to have been adopted. Within ten days after the election, 
the city clerk shall certify to the secretary of state the result of the vote. 
Any recount of the ballots given in at this election shall be held in accord- 
ance with the provisions of RSA 59 : 104 through 106, except that the ap- 
plication for the recount shall be made on or before February 1, 1971, and 
the city clerk shall appoint a time for such recount not later than three 
days after the receipt of such application. 

36: 5 Effective Date. Section 4 of this act shall take effect upon its 
passage and if the act shall be adopted at the referendum provided for 
in said section, the remainder of this act shall take effect on February 3, 
1971. 

[Approved January 20, 1971.] 

[Effective date. Section 4 of act shall take effect upon passage and if act 
adopted at the referendum, remainder of this act shall take effect Febru- 
ary 3, 1971.] 



CHAPTER 37. 



AN ACT ABOLISHING THE POLICE COMMISSION IN 
THE TOWN OF WOLFEBORO. 

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

37 : 1 Repeal of Police Commission for the town of Wolf eboro. Chap- 
ter 377 of the Laws of 1959, "An act establishing a police commission for 
the town of Wolfeboro," is hereby repealed. 

37 : 2 Termination of Terms and Employment. On the effective date 
of this section the terms of office of all the police commissioners elected 
pursuant to the provisions of the Laws of 1959, chapter 377 and the em- 
ployment of all police officers, constables and superior officers employed 
by them shall terminate. 

37: 3 Referendum. Sections 1 and 2 of this act shall not take effect 
unless they are adopted by a majority vote of the legal voters of the town 



1971] Chapter 38 33 

of Wolfeboro at the annual to^vn meeting in March 1971. The town clerk 
then in office shall cause to be included on the regular ballot for the elec- 
tion of officers the following question: "Shall the provisions of 'An Act 
abolishing the police commission in the town of Wolfeboro' as passed by 
the 1971 session of the general court be adopted?" Beneath this question 
shall be printed the word "Yes" and the word "No" with a square im- 
mediately opposite each such word, in which the voter may indicate his 
choice. If a majority of those present and voting on the question vote in 
the affiiTnative, this act shall be declared to have been adopted. Within ten 
days after said meeting the town clerk shall certify to the secretary of 
state the result of said vote. 

37: 4 Effective Date. Section 3 of this act shall take effect upon its 
passage, and sections 1 and 2 of this act shall take effect as herein pro- 
vided. 

[Approved January 21, 1971.] 

[Effective date. Section 3 of act effective upon passage and sections 1 and 
2 if affirmatively voted.] 



CHAPTER 38. 



AN ACT TO LEGALIZE THE PROCEEDINGS OF THE SPECIAL MEETING OF 
THE PEMBROKE SCHOOL DISTRICT HELD ON JULY 28, 1970. 

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

38: 1 Acts and Proceedings Legalized. All the acts, votes and pro- 
ceedings of the special meeting of the Pembroke school district held in the 
town of Pembroke on July 28, 1970, including but not limited to the bond- 
ing thereby authorized, are hereby legalized, ratified, approved and con- 
firmed. 

38 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved February 11, 1971.] 

[Effective date February 11, 1971.] 



CHAPTER 39. 



AN ACT LEGALIZING THE SPECIAL TOWN MEETING HELD IN THE 
TOWN OF NEWBURY ON MAY 23, 1970. 

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

39: 1 Proceedings Legalized. All the votes and proceedings taken at 
the special town meeting held in the town of Newbury on May 23, 1970 
ai-e hereby legalized, ratified and confirmed. 

39 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved February 18, 1971.] 

[Effective date February 18, 1971.] 



34 Chapter 40 [1971 

CHAPTER 40. 

AN ACT TO AMEND THE PROPOSED CHARTER OF THE CITY OF EXETER 

TO PROVIDE THAT FIVE SELECTMEN SHALL SERVE 

AS COUNCILMEN AT LARGE. 

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

40: 1 Proposed Charter of the City of Exeter. Amend paragraph 74 
II of chapter 229 of the Laws of 1965 by striking out said paragraph and 
inserting in place thereof the following new paragraph: II. Notwithstand- 
ing any provisions of section 4 of this charter to the contrary, the board 
of selectmen of the town of Exeter shall serve as councilmen at large until 
the councilmen at large are elected and qualified at the first regular mu- 
nicipal election held as provided in section 5 of this charter. 

40 : 2 Referendum. Amend section 76 of chapter 229 of the Laws of 
1965 by adding in line six after the word "Exeter" the words (as amend- 
ed) so that said section as amended shall read as follows : 229 : 76 Ref- 
erendum. This charter does not take effect unless it is adopted by a 
ballot vote at a special election to be held on the third Tuesday of October, 
1965, or at a subsequent referendum as provided in this section. The town 
clerk shall prepare the question on the ballot to read : "Shall the provisions 
of an act entitled 'An Act to establish the city of Exeter', as amended, be 
adopted?" Beneath the question he shall have printed the word "yes" and 
the word "no" with a square immediately opposite each word, and the 
voter shall vote his choice by making a cross in the appropriate square. 
If a majority of those voting on this question vote "yes" on this question, 
this act is declared adopted. If this act is not adopted at the special elec- 
tion, the question of the adoption of this act may again be voted on at any 
annual town meeting in an odd numbered year following the passage of 
this act if at least three per cent of the number voting at the last previous 
annual town meeting, all qualified voters of the town, sign a petition re- 
questing another vote. The petition must be submitted to the selectmen 
at least fourteen days before the town meeting. 

40 : 3 Effective Date. This act shall take effect upon its passage. 

[Approved February 19, 1971.] 

[Effective date February 19, 1971.] 



CHAPTER 41. 



AN ACT RELATIVE TO USE OF FUNDS HELD BY THE TRUSTEES OF THE 
BOSCAWEN ACADEMY IN BOSCAWEN. 

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

41 : 1 Boscawen Academy. Amend section 2 of chapter 144 of the 
Laws of 1872, which act was in amendment of the charter of the Trustees 
of the Boscawen Academy in Boscawen, and as amended by the Laws of 
1957, chapter 423, by striking out said section and inserting in place 



1971] Chapter 42 35 

thereof the following: Sect. 2. The proceeds of such sale shall be securely 
invested in such securities and in such a manner as the majority of said 
board of trustees may direct, and the annual income thereof shall be 
applied under the direction of said trustees for the support of the Bosca- 
wen Historical Society. The trustees shall report fully on an annual basis 
to the selectmen of Boscawen and their report shall be printed annually in 
the Boscawen town report. 

41 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved March 29, 1971.] 

[Effective date March 29, 1971.] 



CHAPTER 42. 

AN ACT VALIDATING THE MARRIAGE OF JOSEPH AND ANITA POULIN. 

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

42: 1 Marriage Validated. Notwithstanding any statute to the con- 
trary, Joseph Poulin and Anita Poulin of Berlin, New Hampshire, who 
have lived together as husband and wife since July 26, 1943, are hereby de- 
clared to be legally married, and to have been legally married since July 
26, 1943. Any issue of Joseph Poulin and Anita Poulin are hereby declared 
to be legitimate. 

42 : 2 Effective Date. This act shall take effect upon passage. 

[Approved March 29, 1971.] 

[Effective date March 29, 1971.] 



CHAPTER 43. 

AN ACT PERMITTING CHARITABLE ORGANIZATIONS TO HOLD RAFFLES. 

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

43 : 1 New Chapter. Amend RSA by inserting after chapter 287, the 
following new chapter : 

CHAPTER 287-A [NEW] 
RAFFLES 

287-A: 1 Definitions. As used in this chapter: 

I. "Raffle" means a lottery in which each participant buys a ticket for 
an article or articles put up as a prize with the winner being determined 
by a random drawing. 



36 Chapter 44 [1971 

II. "Charitable organization" means a religious, educational, charitable, 
civic, veterans or fraternal organization which shall have been in exist- 
ence for at least two years and is organized under the laws of this state. 

287-A : 2 Raffle Authorized. A charitable organization may conduct a 
raffle to promote the purpose for which it was organized, in the manner 
hereinafter provided, and not otherwise. 

287-A : 3 Printed Tickets. All raffle tickets shall be printed with the 
name of the charitable organization thereon, the date and place of the 
drawing, and the prize or prizes to be awarded and the amount of the 
donation. 

287-A: 4 Distribution of Tickets. Raffle tickets shall be sold only to 
persons sixteen years of age or over and no raffle tickets shall be sold by 
persons other than the members of the charitable organization or such 
person or persons, as may be designated by the organization, and who shall 
receive no financial remuneration. 

287-A : 5 Agency Not Permitted. No charitable organization shall act 
as an agent for conducting a raffle, where it is unlawful for the charitable 
organization's principal to conduct such a raffle. 

287-A: 6 Effect on Other Laws. RSA 577: 1 to 15 inclusive shall not 
apply to the sale of raffle tickets in the manner provided for in this 
chapter. 

287-A: 7 Permit Required. Any charitable organization desiring to 
conduct a raffle under the provisions of this chapter shall first obtain a 
permit therefor from the selectmen of the town, or the mayor and alder- 
men of the city where the drawing for prizes is to be held. The permit 
shall expire at the time of the drawing, and shall not be transferable. 

43 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved April 5, 1971.] 
[Effective date April 5, 1971.] 



CHAPTER 44. 



AN ACT RELATIVE TO THE DEPOSIT OF FUNDS WITH THE STATE 

TREASURER BY THE SECRETARY OF STATE OR THE 

FISH AND GAME DEPARTMENT. 

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

44: 1 Fish and Game Receipts. Amend RSA 6: 11 (supp) as amended 
by 1965, 239 : 13 and 1967, 379 : 7 by inserting in line ten after the words 
"department of safety" the words (the secretary of state or the fish and 
game department) so that said section as amended shall read as follows: 

6: 11 Payments to Treasurer. All state departments and institutions, 
except the New Hampshire College of Agriculture and the Mechanic Arts 
and the University of New Hampshire, and the building projects revolv- 
ing fund of the state board of education, receiving money for the state 
from sources outside of the state treasury, shall pay the full amount of all 



1971] Chapter 45 37 

said moneys intact into the state treasury weekly, or as much oftener as 
the governor and council shall direct, with a full and detailed statement 
thereof, including the date of and the source from which the same was re- 
ceived and the consideration therefor. Provided, however, that any check, 
draft, or money order received by the department of safety, the secretary 
of state or the fish and game department, the amount of which is incorrect 
or if an application is required to be submitted therewith, and said appli- 
cation is not so submitted or is improper or incoiTect, said check, draft, or 
money order may be returned to the sender and not deposited with the 
state treasurer. Such accounts shall be stated by properly classified totals 
in all reports. 

44 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



CHAPTER 45. 



AN ACT RELATIVE TO THE PENALTY FOR GUIDING AN UNLICENSED 

HUNTER. 

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

45:1 Fish and Game Licenses. Amend RSA 214:37 (supp) as 
amended by 1959, 29: 2 and 1969, 8: 1 by striking out said section and in- 
serting in place thereof the following : 

214 : 37 Fines. Any person who violates the provisions of this chap- 
ter shall be fined not less than fifty dollars nor more than one hundred 
dollars. A person who furnishes to another person, or permits another 
person to have or use, a license issued to himself or any other person, 
or changes or alters such license or coupon, or uses a license or license 
coupon issued to another person, or makes a false statement in an appli- 
cation, or knowingly guides a hunter who has not a license as provided in 
RSA 214, shall be fkied not less than fifty dollars nor more than one 
hundred dollars. 

45:2 Effective Date. This act shall take effect sixty days aftei* its 
passage. 

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



CHAPTER 46. 



AN ACT APPROPRIATING ADDITIONAL FUNDS FOR THE WOMEN'S 

DORMITORY AT THE NEW HAMPSHIRE TECHNICAL 

INSTITUTE IN CONCORD. 

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

46 : 1 Appropriation Increased. Amend Laws of 1969, 505 : 4 by strik- 
ing out said section and inserting in place thereof the following: 



38 Chapter 47 [1971 

505 : 4 Appropriation. The sum of seven hundred twenty-three thou- 
sand dollars is hereby appropriated for the purpose of constructing, fur- 
nishing, and equipping a women's dormitory at the New Hampshire Tech- 
nical Institute in Concord as follows : 



I. Women's dormitory 






(a) 






(1) Building 


$592,000 




(2) Parking Area — Site 


25,000 




(3) Utilities 


10,000 




(4) Furnishings and Equipment 


30,000 




(5) Architects Fees 


41,000 




(6) Contingencies 


25,000 




Total section 4 




$723,000* 



The state treasurer shall establish a separate account for the payment 
of the debt service and maintenance of said building and these charges 
shall be covered by student fees paid into said account. 

46: 2 Bonding Increased. Amend Laws of 1969, 505: 8 as amended by 
1970, 29 : 2 by striking out said section and inserting in place thereof the 
following : 

505 : 8 Bonds Authorized. To provide funds for the appropriations 
made in sections 1, 2, 3 and 4 of this act the state treasurer is hereby 
authorized to borrow upon the credit of the state not exceeding the sum 
of nineteen million, eight hundred and thirty-five thousand eight hundred 
eight dollars and for said purpose may issue bonds and notes in the name 
and on behalf of the state of New Hampshire in accordance with the pro- 
visions of RSA 6-A. 

46: 3 Effective Date. This act shall take effect upon its passage. 
[Approved April 8, 1971.] 
[Effective date April 8, 1971.] 

*This authorized appropriation shall be reduced by applicable Federal 
funds. 



CHAPTER 47. 



AN ACT PROVIDING PAYMENT TO PERSONS FOR LOSS OF EXISTING 

MORTGAGE FINANCING WHERE SUCH PERSONS ARE DISPLACED 

AS A RESULT OF HIGHWAY ACTIVITIES. 

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

47: 1 Payments for Loss of Existing Mortgage Financing. Amend 
RSA 233-A (supp) by inserting after section 5, as inserted by 1969, 339: 1 
the following: 

233-A: 5-a [New] Compensation for Loss of Existing Mortgage Fi- 
nancing. In addition to amounts otherwise authorized by this chapter, 
the commissioner shall pay to the owner of real property acquired for a 
project an amount which is sufficient to compensate for the loss of exist- 



1971] Chapter 48 39 

ing- mortgage financing. Such amount shall be paid only if the dwelling ac- 
quired by the state was encumbered by a bona fide mortgage which was a 
valid lien on such dwelling for not less than one hundred eighty days prior 
to the initiation of negotiations for the acquisition of such dwelling. Such 
amount shall be equal to the excess in the aggregate interest and other 
debt service costs of that amount of the principal of the mortgage on the 
replacement dwelling which is equal to the unpaid balance of the mortgage 
on the acquired dwelling, over the remainder term of the mortgage on the 
acquired dwelling, reduced to discounted present value. The discount rate 
shall be the prevailing interest rate paid on savings deposits by commer- 
cial banks in the general area in which the replacement dv/elling is located. 

47: 2 Effective Date. This act shall take effect as of January 2, 1971. 

[Approved April 8, 1971.] 

[Effective date January 2, 1971.] 



CHAPTER 48. 



AN ACT PROVIDING FOR THE COMMISSIONERS OF SAFETY AND EDUCA- 
TION TO DEVISE STANDARDS FOR THE CONDUCT OF 
DRIVER EDUCATION COURSES. 

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

48 : 1 Standards for the Conduct of Driver Education Courses. Amend 
RSA 106-A:2-a (supp) as inserted by 1965, 339:5 by striking out said 
section and inserting in place thereof the following: 

106-A: 2-a [New] Driver Education. The commissioner of safety 
shall act jointly with the commissioner of education in devising and adopt- 
ing regulations which regulations shall be effective when adopted by said 
commissioners and from and after the time copies thereof are first made 
available for distribution to those who request them from the department 
of safety or the department of education, relating to driver education 
courses to be given in the secondary schools of the state and those schools 
licensed under the provisions of RSA 263-A, and relating to the licensing 
of said schools and of teachers and instructors thereof, which regulations 
shall cover the subjects of: 

I. Facilities and equipment; 

II. The educational background and other qualifications of teachers and 
instructors ; 

III. Curriculum and hours during which instruction may be given; 

IV. Amounts of insurance with respect to training vehicles and other 
facilities of the school, which may be in addition to any other insurance 
coverage required by law ; 

V. Payments to secondary schools or districts ; 

VI. Admission and advertising practices, together with teims of en- 
rollment, of schools licensed under the provisions of RSA 263-A; and 

VII. Any other subjects which in the judgment of said commissioners 
require regulation to promote the effectiveness of driver education courses. 

48 : 2 Drivers' School License Denial. Amend RSA 263-A : 3 as in- 
serted by 1955, 208 : 1 by inserting after paragraph VII the following new 
paragraph : 



40 Chapter 49 [1971 

VIII. Such applicant has failed to comply with any applicable regulation 
adopted pursuant to RSA 106-A : 2-a. 

48 : 3 Revocation of Drivers' School License. Amend RSA 263-A : 5, 
III as inserted by 1955, 208 : 1 by striking out said paragraph and inserting 
in place thereof the following : 

III. The licensee has failed to comply with any of the provisions of this 
chapter or any applicable regulation adopted pursuant to RSA 106-A : 2-a. 

48 : 4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



CHAPTER 49. 



AN ACT PERMITTING EIGHTEEN YEAR OLDS TO SERVE LIQUOR AND 

BEVERAGE IN CERTAIN CASES AS AN INCIDENT TO HIS OR HER 

PRIMARY EMPLOYMENT OF SERVING FOOD, LIQUOR 

OR BEVERAGE TO PATRONS. 

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

49: 1 Liquor or Beverages. Amend RSA 175: 8 (supp) as amended by 
1959, 224 : 1 ; 1969, 284 : 1 and 1969, 462 : 1 by striking out said section and 
inserting in place thereof the following : 

175:8 Employment of Minors. No licensee or permittee hereunder 
shall employ any minor, with or without compensation, to serve or other- 
wise handle liquor or beverage, except that a person eighteen years of age 
or older may be employed to serve liquor or beverage in the dining room 
of a hotel Hcensed under the provisions of RSA 178 : 3, a restaurant li- 
censed under the provisions of RSA 178 : 3-a or a golf club licensed under 
the provisions of RSA 178 : 8 as an incident to his or her primary employ- 
ment of serving food to patrons ; and provided further, that an adult per- 
son approved by the commission shall be in attendance in said rooms dur- 
ing the time of such employment. Provided, however, that the holder of an 
off-sale permit may employ minors of not less than sixteen years of age 
when beverage is sold in the original container and delivered in the place 
of business of the seller, or at the vehicle of the buyer parked on or ad- 
jacent to the premises of the seller, and provided further that an adult 
person shall be in attendance during the time of such employment. 

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

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



1971] Chapter 50 41 

CHAPTER 50. 

AN ACT PROVIDING FOR CHANGING THE CLASSIFICATION OF PLEASANT 
LAKE IN THE TOWN OF NEW LONDON. 

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

50 : 1 Reclassification. On or after the effective date of this act, and 
at such time as it shall be demonstrated to the satisfaction of the water sup- 
ply and pollution control commission that the waters of Pleasant Lake in 
the town of New London meet the quahty standards established for class 
A waters, the waters of said lake shall be so reclassified to class A and 
subject to the standards enumerated in RSA 149 : 3, I. The water supply 
and pollution control commission shall issue a suitable proclamation at the 
time of such establishment. 

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

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



CHAPTER 51. 



AN ACT PROVIDING FOR CHANGING THE CLASSIFICATION OF 
LITTLE LAKE SUNAPEE. 

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

51 : 1 Reclassification. On or after the effective date of this act, and 
at such time as it shall be demonstrated to the satisfaction of the water 
supply and pollution control commission that the waters of Little Lake 
Sunapee in the towns of New London, Springfield, Sunapee and Newbury 
meet the quality standards established for class A waters, the waters of 
said lake shall be so reclassified to class A and subject to the standards 
enumerated in RSA 149 : 3, L The water supply and pollution control com- 
mission shall issue a suitable proclamation at the time of such establish- 
ment. 

51 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1971.] 
[Effective date June 7, 1971.] 



42 Chapter 52 [1971 

CHAPTER 52. 

AN ACT AMENDING THE CHARTER OF THE MANCHESTER 
CHILDREN'S HOME. 

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

52 : 1 Object. Amend Laws of 1897, 165 by striking out section 2 as 
amended by 1899, 220: 1 and inserting in place thereof the following: 
Sect. 2. Objects. The objects of this corporation shall be to provide 
and maintain in New Hampshire a home for children ; to provide group care 
and treatment for children whose needs cannot at the time be adequately 
met in the family; to offer opportunities for or variety of experiences in 
a group living program; and to provide multiple and specialized services, 
including foster family care as well as services to the child in his own 
home so that the appropriate service can be selected for the child as he 
needs it. The city of Manchester is hereby authorized to exempt the 
property of said corporation from taxation for such term of years as it may 
deem proper. 

52 : 2 Non-Discrimination. Amend Laws of 1897, 165 by inserting after 
section 2 the following new section: Sect. 2-a. Policy of Non-Discrimi- 
nation. The policy of the corporation shall be to operate without 
discrimination with respect to race, national origin, religion, color or sex 
in relation to services rendered to children and adults, in relation to the 
recruitment, hiring, promotion and retention of employees and in relation 
to serving as members, officers, directors and on committees of the 
corporation. 

52:3 Members and Officers. Amend Laws of 1897, 165 by striking 
out section 3 and inserting in place thereof the following: Sect. 3. 
Officers. The members and officers of this corporation, their several terms 
of office, mode of election, respective duties, and all other things appertain- 
ing thereto shall be defined and established in by-laws adopted by the 
corporation. 

52:4 Quorum at Annual Meeting. Amend Laws of 1897, 165 by 
striking out section 4 and inserting in place thereof the following: 
Sect. 4. Meetings and Quorums. The annual meeting shall be held 
at such time and place and upon such notice as the by-laws may provide. 
A majority of the members of the board of directors shall constitute a 
quorum at the annual meeting or at any meeting called for the amendment 
of the by-laws unless the by-laws are amended to require otherwise. 

52:5 Federal Tax Laws. Amend Laws of 1897, 165 by striking out 
section 6 and inserting in place thereof the following: Sect. 6. Com- 
pliance with Federal Tax Laws. In order to comply with federal tax laws : 

(a) The corporation shall distribute its income for each taxable year 
at such time and in such manner as not to become subject to the tax on 
undistributed income imposed by section 4942 of the Internal Revenue 
Code of 1954, or corresponding provisions of any subsequent federal tax 
laws. 



1971] Chapter 53 43 

(b) The corporation shall not engage in any act of self-dealing as defined 
in section 4941(d) of the Internal Revenue Code of 1954, or corresponding 
provisions of any subsequent federal tax laws. 

(c) The corporation shall not retain any excess business holdings as 
defined in section 4943(c) of the Internal Revenue Code of 1954, or corre- 
sponding provisions of any subsequent federal tax laws. 

(d) The corporation shall not make any investments in such manner 
as to subject it to tax under section 4944 of the Internal Revenue Code of 
1954, or corresponding provisions of any subsequent federal tax laws. 

(e) The corporation shall not make any taxable expenditures as defined 
in section 4945(d) of the Internal Revenue Code of 1954, or corresponding 
provisions of any subsequent federal tax laws. 

(f ) In the event of termination, dissolution or winding up of this 
organization in any manner or for any reason whatsoever, its remaining 
assets, if any, shall be distributed to (and only to) one or more organiza- 
tions described in section 501(c) (3) of the Internal Revenue Code of 1954. 

52:6 Effective Date. This act shall take effect upon its passage. 
[Approved April 22, 1971.] 
[Effective date April 22, 1971.] 



CHAPTER 53. 

AN ACT RELATING TO OCCUPATIONAL HEALTH SERVICES. 

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

53 : 1 Authority to Investigate. Amend RSA 125 : 16, I, as amended 
by 1961, 222: 1 by striking out the same and inserting in place thereof 
the following: 

I, To investigate all commercial enterprises and establishments employ- 
ing one or more persons who, by the nature of the work environment, may 
be exposed to agents which may be deleterious to the health, as determined 
by the consensus of opinion of competent scientific authorities, including, 
but not limited to, noxious gases, fumes, dusts, ultraviolet light, and sonic 
wave. The department of health and welfare, division of public health 
services shall make such technical studies and recommendations as required 
to protect the health of such person or persons. 

53:2 Duties. Amend RSA 125:17 as amended by 1961, 222:1 by 
striking out said section and inserting in place thereof the following: 

125:17 — Duties of Commissioner of Labor. The department of 
health and welfare, division of public health services, shall forward to the 
commissioner of labor for his information, copies of all rules and regula- 
tions and investigations made under the provisions of RSA 125: 16. The 
labor commissioner shall adopt the provisions of such rules and regulations 
in the form of standards established by him pursuant to the provisions of 
RSA 277. The commissioner of labor may request the bureau of occupa- 
tional health of the department of health and welfare, division of public 
health services, to investigate and study any occupational health hazard 
which may come to his attention. 



44 Chapter 54 [1971 

53:3 Penalty. Amend RSA 125: 18 by striking out in line four the 
words "ten" and "twenty-five" and inserting in place thereof the words 
(fifty) and (five hundred) so that said section as amended shall read as 
follows : 

125:18 — Penalty on Noncomplying Employer. Any employer who 
shall neglect or refuse to comply with the provisions of RSA 125 : 16, or 
with the provisions of any rules and regulations adopted as provided 
therein shall be fined not less than fifty dollars nor more than five hundred 
dollars for each offense, and each day any employer neglects or refuses to 
comply therewith shall constitute a separate oifense. 

53 : 4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 22, 1971.] 
[Effective date June 21, 1971.] 



CHAPTER 54. 



AN ACT RELATIVE TO THE SUSPENSION OF MOTOR VEHICLE LICENSES 
OF MINORS IN POSSESSION OF ALCOHOLIC BEVERAGES. 

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

54 : 1 Suspension of License Discretionary. Amend RSA 262 : 40-a, I 
as inserted by 1959, 216: 1 and as amended by 1965, 242: 1 by striking 
out in line four after the word "vehicle" the word "shall" and inserting 
in place thereof the word (may) so that said paragraph as amended shall 
read as follows: 

I. Any person under the age of twenty-one years operating a motor 
vehicle upon the public highway, except when accompanied by parent or 
legal guardian, and having liquor or beverage in any form in containers, 
open or unopened, in any part of the vehicle, may have his license 
suspended or his right to operate denied for three months by the director 
of the division of motor vehicles. The words "liquor" and "beverages" 
as used in this section shall have the same meaning as defined in RSA 
175:1. 

54 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 22, 1971.] 

[Effective date June 21, 1971.] 



CHAPTER 55. 



AN ACT TO INCREASE THE PERMISSIBLE MAXIMUM DOLLAR LIMIT OF 
CERTAIN FORCE ACCOUNT CONTRACTS. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
Court convened: 

55 : 1 Exemption for Contracts of Certain Departments. Amend RSA 
228 : 4, I-a as inserted by 1957, 257 : 1 by striking out said paragraph and 
inserting in place thereof the following: 



1971] Chapter 56 45 

I-a. Notwithstanding the provisions of paragraph I projects for the 
fish and game department or for the division of parks of the department 
of resources and economic development, in excess of ten thousand dollars 
and not more than one hundred thousand dollars, may be done on a force 
account basis upon recommendation of the public works and highway 
commissioner that such procedure is in the best interests of the state, with 
the approval of the governor and council. 

55 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 22, 1971.] 
[Effective date June 21, 1971.] 



CHAPTER 56. 

AN ACT TO CLARIFY THE AIRCRAFT OPERATING FEE FORMULA. 

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

56:1 State Aeronautics Commission Fees. Amend RSA 422: SI, XII 
as inserted by 1961, 261 : 2 by inserting in line thirteen after the word 
"years" the following words (For the purpose of this section, all manufac- 
turers' list prices shall be deemed to be the multiple of one thousand 
dollars closest to the actual manufacturer's list price) so that said para- 
graph as amended shall read as follows: 

XII. For each aircraft for which a state registration certificate is 
required by sections 24 to 33, paragraph VIII of this section and paragraph 
IV of section 38. The amount of the fee shall be one cent per pound of 
the maximum certificated gross weight of the aircraft plus fifteen dollars 
or the number of mills per dollar of the manufacturer's list price, whichever 
is greater, as follows: 

6 mills for aircraft manufactured in current calendar year ; 

5 mills for aircraft manufactured in first preceding year; 

4 mills for aircraft manufactured in second preceding year; 

3 mills for aircraft manufactured in third preceding year; 

2 mills for aircraft manufactured in fourth preceding year; 

1 mill for aircraft manufactured in fifth to tenth preceding years and 
fifteen dollars for aircraft manufactured in prior years. For the purpose 
of this section, all manufacturers' list prices shall be deemed to be the 
multiple of one thousand dollars closest to the actual manufacturer's list 
price. The director shall make the final determination of year of manufac- 
ture of any aircraft in any case in which a dispute arises. 

56: 2 Effective Date. This act shall take effect on April 1, 1972. 

[Approved April 22, 1971.] 

[Effective date April 1, 1972.] 



46 Chapter 57 [1971 

CHAPTER 57. 

AN ACT RELATIVE TO THE MEMBERSHIP OF SCHOOL BOARDS IN CERTAIN 

SCHOOL DISTRICTS. 

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

57: 1 Increase of Membership Authorized in Districts. Amend RSxA. 
197: 15 (supp) as amended by 1961, 45: 1 and 1967, 343: 1 by striking out 
said section and inserting in place thereof the following: 

197: 15 School Board. Any district may have a school board consist- 
ing of three, five, seven or nine members, as it determines by vote or by law 
adopted at any annual meeting. Whenever a district determines to change 
the number of board members, it shall also determine the number of 
members to be elected each year beginning with that year so that the board 
will increase or decrease in membership so that there will always be an 
uneven number of members until the desired number is reached. 

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

[Approved April 22, 1971.] 
[Effective date June 21, 1971.] 



CHAPTER 58. 



AN ACT RELATIVE TO FEDERAL AID FOR AIRPORT AND AIRWAY 

DEVELOPMENT. 

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

58: 1 State Aeronautics Commission. Amend RSA 422: 19 by striking 
out said section and inserting in place thereof the following: 

422 : 19 Federal Aid for Airport and Airway Development. No 

municipality in this state, whether acting alone or jointly with another 
municipality or with the state, shall submit to any agent of the federal 
government any project application under the provisions of section 16(a) 
of the act of congress, approved May 21, 1970, being public law 91-258, 
91st congress, known and hereinafter designated as the "Airport and 
Airway Development Act of 1970" or any amendment thereof, unless the 
project and project apphcation have been first approved by the commission. 
No such municipality shall directly accept, receive, receipt for, or disburse 
any funds granted by the United States under the airport and airway 
development act, but it shall designate the director of aeronautics as its 
agent and in its behalf to accept, receive, receipt for and disburse such 
funds. It shall enter into an agreement with the director prescribing the 
terms and conditions of such agency in accordance with federal laws, 
rules and regulations and applicable laws of this state. Such moneys as are 



1971] Chapter 59 47 

paid over by the United States government shall be retained by the state or 
paid over to said municipality under such terms and conditions as may be 
imposed by the United States government in making such grant. 

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

[Approved April 22, 1971.] 



CHAPTER 59. 

AN ACT AMENDING THE DEFINITION OF AN AIR NAVIGATION FACILITY. 

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

59 : 1 Definitions. Amend RSA 422 : 3, VI by striking out said para- 
graph and inserting in place thereof the following: 

VI. "Air navigation facility" means any facility other than one owned 
or controlled by the federal government, used in, available for use in, or 
designed for use in, aid of air navigation, including airports, landing 
areas, and any structures, mechanisms, lights, beacons, marks, communi- 
cating systems, or other instrumentalities or devices used or useful as an 
aid, or constituting an advantage or convenience, to the safe taking-off, 
navigation, and landing of aircraft, or the safe and efficient operation or 
maintenance of an airport or landing area, and any combination of any 
or all of such facilities. 

59 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 22, 1971.] 
[Effective date June 21, 1971.] 



CHAPTER 60. 



JOINT RESOLUTION MAKING A SUPPLEMENTAL APPROPRIATION 
FOR THE RACING COMMISSION. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

The following sums are hereby appropriated for the fiscal year ending 
June 30, 1971 to be used by the racing commission for the following 
purposes: ten thousand five hundred dollars for harness racing other 
personal expenses; and one thousand dollars for harness racing current 
expenses. These sums are in addition to any other sums appropriated for 
the same purposes. The governor is authorized to draw his warrant for 
said sums out of any money in the treasury not otherwise appropriated. 

[Approved April 22, 1971.] 



48 Chapter 61 [1971 

CHAPTER 61. 

AN ACT PROVIDING FOR CERTAIN TRANSFERS IN THE APPROPRIATIONS 

FOR FISCAL YEAR 1971 FOR THE DIVISION OF 

VOCATIONAL REHABILITATION. 

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

61 : 1 Ti-ansf ers. Notwithstanding any other statutes to the contrary, 
there is hereby transferred from the sums available to the division of 
vocational rehabilitation in the department of education for the fiscal year 
ending June 30, 1971, from out of state travel the sum of $3,500 and from 
out of state travel vocational rehabilitation — cooperative program — federal 
$1,000 and from cooperative program — federal personal services permanent 
$100,000; $3,500 to vocational rehabilitation other expenditures, case ser- 
vices and $101,000 to vocational rehabilitation — cooperative program — 
federal other expenditures-other. 

61 : 2 Effective Date. This act shall take effect upon passage. 

[Approved April 22, 1971.] 

[Effective date April 22, 1971.] 



CHAPTER 62. 

AN ACT RELATIVE TO THE COMMITMENT OF DRUG DEPENDENT PERSONS. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
Court convened : 

62: 1 Procedure for Examining Drug Dependent Persons. Amend 
RSA 172: 13, Il-a (supp) as inserted by 1969, 501: 6 by striking out said 
paragraph and inserting in place thereof the following: 

Il-a. When a person is indicted for any felony, is bound over by any 
district or municipal court to await the action of the grand jury on any 
felony, or is charged with a misdemeanor, and question as to the drug 
dependency of said person is raised by either party, any justice of the 
superior, district or municipal court may, after hearing, order such person 
to be examined under the supervision and in accordance with the instruc- 
tions of the executive director of the program on alcohol and drug abuse 
to determine whether said person is drug dependent. Pending the examina- 
tion and report of the executive director, such person, at the discretion 
of the court, may be placed in the immediate care and custody of the execu- 
tive director of the program on alcohol and drug abuse; an alcohol-drug 
abuse clinic; a mental health clinic or center; the New Hampshire state 
hospital; or any other responsible individual or diagnostic-treatment 
facility, or released on bail or personal recognizance, or confined to the 
county jail until further order of the court. The executive director shall 
report the results of the examination and his findings to the court in 
writing. 

62 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 22, 1971.] 
[Effective date June 21, 1971.] 



1971] Chapter 63 49 

CHAPTER 63. 

AN ACT TO REDUCE THE PERCENTAGE OF ALCOHOL IN THE BLOOD 

CONSTITUTING PRIMA FACIE EVIDENCE OF INTOXICATION AND 

RELATIVE TO SAMPLES TAKEN FOR THE PURPOSES OF THE 

IMPLIED CONSENT LAW. 

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

63 : 1 Evidence of Intoxication under Motor Vehicle Laws. Amend 
RSA 262-A : 63 as inserted by 1963, 330 : 1 by striking out in line nine the 
word "fifteen-hundredths" and inserting in place thereof the following 
word (ten-hundredths) and by striking out in line fourteen the word 
"fifteen-hundredths" and inserting in place thereof the following word (ten- 
hundredths) so that said section as amended shall read as follows: 

262-A: 63 Evidence. Upon complaint, information, indictment or trial 
of any person charged with the violation of section 62, the court may admit 
evidence of the amount of alcohol in the defendant's blood at the time 
alleged, as shown by a chemical analysis of his breath, urine, or other 
bodily substance. Evidence that there was, at the time alleged, five-hun- 
dredths percent, or less, by weight of alcohol in his blood is prima facie 
evidence that the defendant was not under the influence of intoxicating liq- 
uor. Evidence that there was, at the time alleged, from five-hundredths 
percent to ten-hundredths percent by weight of alcohol in his blood is 
relevant evidence but is not to be given prima facie effect in indicating 
whether or not the defendant was under the influence of intoxicating 
liquor, but such fact may be considered with other competent evidence in 
determining the guilt or innocence of the defendant. Evidence that there 
was, at the time alleged, ten-hundredths percent, or more by weight of 
alcohol in his blood, is prima facie evidence that the defendant was under 
the influence of intoxicating liquor. The foregoing provisions of this section 
shall not be construed as limiting the introduction of any other competent 
evidence bearing upon the question whether or not the defendant was 
under the influence of intoxicating liquor. 

63:2 Quantity of Sample. Amend RSA 262-A: 69-b as inserted by 
1965, 238 : 1 by inserting at the end thereof the following new sentence : 
(For the purposes of this section, the sample of blood or urine taken pur- 
suant to section 69-a shall be of sufficient quantity to allow two tests and 
the testing laboratory shall retain for a period of thirty days subsequent to 
the test conducted pursuant to section 69-a, a quantity of said sample 
sufficient for another test, which quantity shall be made available to the 
respondent or his counsel immediately upon request.) so that said section 
as amended shall read as follows : 

262-A: 69-b Additional Tests. Any person to whom section 69-a is 
applicable shall have the right at his own expense to have a similar test or 
tests made by any person of his own choosing and shall be so informed by 
the law enforcement officer at the same time as the person is requested to 
permit a chemical test under the provisions of section 69-a. The failure or 
inability of an arrested person to obtain an additional test shall not pre- 
clude the admission of the test or tests taken at the direction of a law en- 



50 Chapter 64 [1971 

forcement officer. Nothing herein shall require the release from custody of 
the arrested person for the purpose of having such additional test made. 
For the purpose of this section, the sample of blood or urine taken pursuant 
to section 69-a shall be of sufficient quantity to allow two tests and the 
testing laboratory shall retain for a period of thirty days subsequent to the 
test conducted pursuant to section 69-a, a quantity of said sample sufficient 
for another test, which quantity shall be made available to the respondent 
or his counsel immediately upon request. 

63 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 23, 1971.] 
[Eff"ective date June 22, 1971.] 



CHAPTER 64. 



AN ACT AUTHORIZING THE USE OF BREATH TESTS TO DETERMINE 

THE PERCENTAGE OF ALCOHOL IN THE BLOODSTREAM OF 

MOTOR VEHICLE OPERATORS. 

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

64:1 Breath Test. Amend RSA 262-A: 69-a (supp) as inserted by 
1965, 238: 1 and amended by 1969, 119: 2 by striking out said section and 
insei-ting in place thereof the following: 

262-A: 69-a Implied Consent of Driver of Motor Vehicle to Submit to 
Chemical Testing to Determine Alcoholic Content of Blood. Any person 
who operates a motor vehicle upon the public highways of this state shall 
be deemed to have given consent to a chemical test or tests, of any or all or 
any combination of the following: blood, urine, and breath; for the purpose 
of determining the alcoholic, narcotic or drug content of his blood, if ar- 
rested for any offense arising out of acts alleged to have been committed 
while the person was driving or in actual physical control of a motor vehi- 
cle while under the influence of intoxicating liquor, narcotics or drugs. The 
test or tests shall be administered at the direction of a law enforcement 
officer having reasonable grounds to believe the person to have been driving 
or in actual physical control of a motor vehicle upon the public highways of 
this state while under the influence of intoxicating liquor, narcotics or 
drugs, A copy of the report of any such test shall be furnished by the law 
enforcement agency to the person tested within forty-eight hours of re- 
ceipt of the report by the agency by registered mail directed to the address 
shown on such person's license or other identification furnished by the 
person. Results of a test of the breath shall be furnished immediately in 
writing to the person tested by the law enforcement officer conducting the 
test. 

64 : 2 Administration of Breath Tests. Amend RSA 262-A : 69-i as in- 
serted by 1965, 238: 1 by striking out said section and inserting in place 
thereof the following: 

262-A: 69-i Persons Qualified to Administer Tests. 

I. Only a duly licensed physician or qualified medical laboratory techni- 
cian acting at the request of a law enforcement officer may withdraw blood 



1971] Chapter 65 51 

for the purpose of a chemical test required by RSA 262-A : 69-a. Such 
physician or quahfied medical laboratory technician shall not be liable for 
damages or otherwise to the person from whom blood is withdrawn for any 
act performed in connection with such withdrawal provided the physician 
or qualified medical laboratory technician acts with ordinary care. 

II. All such blood and urine tests made under the direction of a law 
enforcement officer shall be conducted in the laboratory of the bureau of 
food and chemistry, division of pubhc health. 

III. Chemical analyses of the arrested person's breath, to be considered 
valid under the provisions of this act, shall have been performed according 
to methods approved by the director of the division of public health, and 
by a person certified for this purpose by the director of the division of 
public health. The director of the division of public health is authorized to 
approve satisfactory techniques or methods, to ascertain the qualifications 
and competence of individuals to conduct such analyses, and to make certi- 
fications of such individuals, which certifications shall be subject to termi- 
nation or revocation at the discretion of the director of the division of 
public health. 

IV. No chemical tests authorized by RSA 262-A : 69-a shall be considered 
as evidence in any proceeding before any administrative officer or court un- 
less such test is performed in accordance with methods prescribed by the 
director of the division of public health. 

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

[Approved April 23, 1971.] 
[Efltective date June 22, 1971.] 



CHAPTER 65. 



AN ACT PROVIDING THAT VOTING RESIDENCE IS NOT LOST BY BEING IN 
A NURSING OR CONVALESCENT HOME OR HOSPITAL. 

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

65 : 1 Confinement in Nursing Home or Hospital. Amend RSA 54 : 10 
by inserting at the end thereof the following (nor while a patient in any 
nursing or convalescent home or hospital) so that said section as amended 
shall read as follows : 

54: 10 Temporaiy Absence. A residence acquired by any person in 
any town shall not be interrupted or lost by a temporary absence there- 
from, with the intention of returning thereto as his home. No person shall 
be deemed to have gained or lost a residence by reason of his presence or 
absence while employed in the service of the United States, nor while 
engaged in the navigation of the waters of the United States or of the 
high seas, nor w^hile a teacher in or student of any seminary of learning, 
nor while confined in any public prison or other penal institution nor while 
a patient in any nursing or convalescent home or hospital. 



52 Chapter 66 [1971 

65:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 66. 

AN ACT RELATIVE TO BOB HOUSES. 

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

66 : 1 Penalty for Burning Bob Houses. Amend RSA 211 : 17-a, HI 
(supp) as inserted by 1969, 38: 1 by striking out said paragraph and insert- 
ing in place thereof the following : 

ni. No person owning or placing a smelt shanty or bob house on the ice 
for the purpose of ice fishing shall conspire with another to bum said bob 
house or smelt shanty thereon. Whoever violates the provisions of this 
paragraph shall be fined not more than fifty dollars. 

66 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 67. 



AN ACT CREATING AN INTERIM COMMITTEE TO STUDY THE PROBLEMS OF 
DISPOSING OF BEVERAGE BOTTLES AND CANS. 

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

67 : 1 Committee Established. There is hereby established a legislative 
study committee of ten members to study proposals for the recycling of 
bottles and cans. Said committee to include in its membership one person 
from the general public, one person from the soft drink industry, one 
person from the retail grocers' association and one person from the malt 
beverage industry, said four to be appointed by the governor ; three mem- 
bers from the house environmental quality and agriculture committee, 
appointed by the speaker of the house, and three members of the senate 
resources and environmental control committee, appointed by the president 
of the senate, with recommendation of the chairman of said committees. 
The committee shall make a careful study of the problems engendered by 
the disposal of beverage containers and of the need or advisability of the 
enactm.ent of laws relating to the subject. The committee shall have full 
power and authority to require from the several departments, agencies and 
officials of the state and of the political subdivisions of the state such 
information and assistance as it may deem necessary for the purposes 
hereof, and may conduct such public hearings as it shall see fit. The com- 
mittee shall report its findings and recommendations, together with drafts 



1971] Chapter 68 53 

of any proposed legislation necessaiy to carry out such recommendations > 
to the next regular session of the legislature before the end of the second 
week of said session and shall submit an interim report by January 15, 1972 
which shall include any preliminary findings and recommendations. Com- 
mittee members shall receive no compensation for their services, however, 
legislator members shall be paid mileage. 

67 : 2 Effective Date. This act shall take effect on passage. 

[Approved April 27, 1971.] 

[Effective date April 27, 1971.] 



CHAPTER 68. 



AN ACT EMPOWERING THE PESTICIDES CONTROL BOARD TO PROHIBIT OR 
RESTRICT THE SALE AND USE OF CERTAIN PESTICIDES. 

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

68 : 1 Restricted Sales. Amend RSA 149-D : 7 (supp) as inserted by 
1965, 368 : 1 and amended by 1967, 270 : 5 by inserting after paragraph IV 
the following new paragraphs : 

V. Regulations which restrict or prohibit the sale and/or use by com- 
mercial applicators or any other person of pesticides which the board 
finds to be injurious or reasonably likely to be injurious to man or other 
living things other than those the pesticides are intended to control. 

VI. Regulations which may designate those types of commercial estab- 
lishments where particular pesticides may be sold. 

68: 2 Exemptions Limited. Amend RSA 149-D: 9, II (supp) as inserted 
by 1967, 270: 6 by striking out in lines three through five all after the 
word "sale" and inserting in place thereof the following: (provided, how- 
ever, that no pesticide, the sale or use of which in the state is prohibited or 
restricted by the board, may be applied under this paragraph except in 
accordance with said restriction or prohibition and provided further that 
a person applying pesticides as allowed by this paragraph shall not allow 
any pesticides to enter any stream or body of water by reason of such 
application) so that said paragraph as amended shall read as follows: 

II. The application of pesticides within, around, under, or in the 
immediate vicinity of buildings by the property owner, providing crops 
raised therein or thereon are not offered for sale ; provided, however, that 
no pesticide, the sale or use of which in the state is prohibited or restricted 
by the board, may be applied under this paragraph except in accordance 
with said restriction or prohibition and provided further that a person 
applying pesticides as allowed by this paragraph shall not allow any pesti- 
cides to enter any stream or body of water by reason of such application. 

68 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



54 Chapter 69 [1971 

CHAPTER 69. 

AN ACT PROVIDING FOR PORT AUTHORITY APPOINTED PILOTS TO PILOT 
CERTAIN VESSELS IN THE PISCATAQUA RIVER AND HARBOR. 

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

69:1 Appointed Pilots Required. Amend RSA 271-A:7-a (supp) as 
inserted by 1969, 350 : 3 by striking out said section and inserting in place 
thereof the following: 

271-A: 7-a [New] Pilots Retiuired. All vessels are hereby required 
to be piloted by a pilot appointed by the authority into and out of the 
Piscataqua River and Harbor from a point south of a line drawn east and 
west from Whale's-back lighthouse. Provided, however, that the require- 
ments of this section shall not apply to pleasure or fishing vessels or vessels 
of no more than one hundred and fifty registered or enrolled tons. 

69 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 70. 



AN ACT RELATIVE TO ENACTING THE UNIFORM STATE FEED BILL AND 
REPEALING THE COMMERCIAL FEED LAW. 

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

70 : 1 Uniform State Feed Bill Adopted. Amend RSA by inserting 
after chapter 441 the following new chapter: 

CHAPTER 441-A [NEW] 
COMMERCIAL FEED LAW OF 1971 

441-A: 1 Title. This chapter shall be known as the New Hampshire 
commercial feed law of 1971. 

441-A: 2 Enforcing Official. This chapter shall be administered by the 
commissioner of agriculture of the state of New Hampshire, hereinafter 
referred to as the commissioner. 

441-A: 3 Definitions of Words and Terms When Used in this Chapter: 

I. The term "person" includes individual, partnership, corporation, and 
association. 

n. The term "distribute" means to offer for sale, sell, exchange, or 
barter, commercial feed; or to supply, furnish, or otherwise provide com- 
mercial feed to a contract feeder. 



1971] Chapter 70 55 

III. The term "distributor" means any person who distributes. 

IV. The term "commercial feed" means all materials except unmixed 
seed, whole or processed, when not adulterated within the meaning of 
RSA 441-A: 7, I, II, III, IV which are distributed for use as feed or for 
mixing in feed : provided, that the commissioner by regulation may exempt 
from this definition, or from specific provisions of this chapter, commodities 
such as hay, straw, stover, silage, cobs, husks, hulls, and individual chem- 
ical compounds or substances when such commodities, compounds or sub- 
stances are not inter-mixed or mixed with other materials, and are not 
adulterated within the meaning of RSA 441-A: 7, 1, II, III, IV. 

V. The term "feed ingredient" means each of the constituent materials 
making up a commercial feed. 

VI. The term "mineral feed" means a commercial feed intended to supply 
primarily mineral elements or inorganic nutrients. 

VII. The term "drug" means any article intended for use in the diag- 
nosis, cure, mitigation, treatment, or prevention of disease in animals 
other than man and articles other than feed intended to affect the 
structure or any function of the animal body. 

VIII. The term "customer-formula feed" means commercial feed which 
consists of a mixture of commercial feeds and/or feed ingredients each 
batch of which is manufactured according to the specific instructions of the 
final purchaser. 

IX. The term "manufacture" means to grind, mix or blend, or further 
process a commercial feed for distribution. 

X. The term "brand name" means any word, name, symbol, or device, or 
any combination thereof, identifying the commercial feed of a distributor 
or registrant and distinguishing it from that of others. 

XL The term "product name" means the name of the commercial feed 
which identifies it as to kind, class or specific use. 

XII. The term "label" means a display of written, printed, or graphic 
matter upon or affixed to the container in which a commercial feed is dis- 
tributed, or on the invoice or delivery slip with which a commercial feed is 
distributed. 

XIII. The term "labeling" means all labels and other written, printed, 
or graphic matter (a) upon a commercial feed or any of its containers or 
wrapper or (b) accompanying such commercial feed. 

XIV. The term "ton" means a net weight of two thousand pounds 
avoirdupois. 

XV. The term "per cent" or "percentages" means percentages by 
weights. 

XVI. The term "official sample" means a sample of feed taken by the 
commissioner or his agent in accordance with the provisions of RSA 
441-A: 11, III, V and VI. 

XVII. The term "contract feeder" means a person who as an independent 
contractor, feeds commercial feed to animals pursuant to a contract whereby 
such commercial feed is supplied, furnished, or otherwise provided to such 
person and whereby such person's remuneration is determined all or in 
part by feed consumption, mortality, profits, or amount or quality of 
product. 

XVIII. The term "pet food" means any commercial feed prepared and 
distributed for consumption by pets. 

441-A: 4 Registration. 

I. No person shall manufacture a commercial feed in this state unless he 
has filed with the department of agriculture, on forms provided by the 



56 Chapter 70 [1971 

department, his name and place of business and the location of each 
manufacturing facility in this state, 

II. No person shall distribute in this state a commercial feed, except a 
customer formula feed, which has not been registered pursuant to the 
provisions of this section. Applications for registration, accompanied by a 
twenty dollar per-brand registration fee, shall be submitted in a manner 
prescribed by the commissioner. Upon approval by the commissioner a 
registration shall be issued to the applicant. All registrations shall expire 
on the thirty-first day of December of each year. 

III. The commissioner is empowered to refuse to register any commercial 
feed not in compliance with the provisions of this chapter and to cancel 
any registration subsequently found not to be in compliance with any 
provision of this chapter; provided, that upon the refusal of registration, 
the twenty dollar registration fee shall be returned to the applicant and 
provided further that no registration shall be refused or cancelled unless 
the applicant or registrant shall have been given an opportunity to appear 
at a hearing before the commissioner and to amend his application in order 
to comply with the requirements of this chapter. 

441-A: 5 Labeling. A commercial feed shall be labeled as follows: 

I. In case of a commercial feed, except a customer-formula feed, it shall 
be accompanied by a label bearing the following information : 

(a) The net weight. 

(b) The product name and the brand name, if any, under which the 
commercial feed is distributed. 

(c) The guaranteed analysis stated in such terms as the commissioner 
by regulation determines is required to advise the user of the composi- 
tion of the feed or to support claims made in the labeling. In all cases 
the substances or elements must be determinable by laboratory methods 
such as the methods published by the association of official analytical 
chemists. 

(d) The common or usual name of each ingredient used in the manu- 
facture of the commercial feed : Provided, that the commissioner by regula- 
tion may permit the use of a collective term for a group of ingredients 
which perform a similar function, or he may exempt such commercial 
feeds, or any group thereof, from this requirement of an ingredient state- 
ment if he finds that such statement is not required in the interest of 
consumers. 

(e) The name and principal mailing address of the manufacturer or 
the person responsible for distributing the commercial feed. 

(f) Adequate directions for use for all commercial feeds containing 
drugs and for such other feeds as the commissioner may require by regula- 
tion as necessary for their safe and effective use. 

(g) Such warning or caution statements as the commissioner by 
regulation determines are necessary for the safe and effective use of the 
commercial feed. 

II. In the case of a customer-formula feed, it shall be accompanied by a 
label, invoice, delivery slip, or other shipping document, bearing the 
f ollov/ing information : 

(a) Name and address of the manufacturer. 

(b) Name and address of the purchaser. 

(c) Date of delivery. 

(d) The product name and brand name, if any, and the net weight 
of each registered commercial feed used in the mixture, and the net weight 



1971] Chapter 70 57 

of each other ingredient used. 

(e) Adequate directions for use for all customer-formula feeds contain- 
ing drugs and for such other feeds as the commissioner may require by- 
regulation as necessary for their safe and effective use. 

(f) Such warning or caution statements as the commissioner by 
regulation determines are necessary for the safe and effective use of the 
customer-formula feed. 

441- A: 6 Misbranding. A commercial feed shall be deemed to be mis- 
branded : 

I. If its labeling is false or misleading in any particular. 

II. If it is distributed under the name of another commercial feed. 

III. If it is not labeled as required by RSA 441-A : 5. 

IV. If it purports to be or is represented as a commercial feed, or if it 
purports to contain or is represented as containing a commercial feed 
ingredient, unless such commercial feed or feed ingredient conforms to the 
definition, if any, prescribed by regulation by the commissioner. 

V. If any word, statement, or other information required by or under 
authority of this chapter to appear on the label or labeling is not prom- 
inently placed thereon with such conspicuousness (as compared with other 
words, statements, designs, or devices in the labeling) and in such terms 
as to render it likely to be read and understood by the ordinary individual 
under customary conditions of purchase and use. 

441-A: 7 Adulteration. A commercial feed shall be deemed to be 
adulterated : 

I. (a) If it bears or contains any poisonous or deleterious substance 
which may render it injurious to health; but in case the substance is not 
an added substance, such commercial feed shall not be considered adul- 
terated under this subparagraph if the quantity of such substance in such 
commercial feed does not ordinarily render it injurious to health; or 

(b) If it bears or contains any added poisonous, added deleterious, or 
added nonnutritive substance which is unsafe within the meaning of 
section 406 of the federal food, drug and cosmetic act (other than one 
which is (1) a pesticide chemical in or on a raw agricultural commodity; or 
(2) a food additive) ; or 

(c) If it is, or it bears or contains any food additive which is unsafe 
within the meaning of section 409 of the federal food, drug and cosmetic 
act; or 

(d) If it is a raw agricultural commodity and it bears or contains a 
pesticide chemical which is unsafe within the meaning of section 408(a) of 
the federal food, drug and cosmetic act: Provided, that where a pesticide 
chemical has been used in or on a raw agricultural commodity in conformity 
with an exemption granted or a tolerance prescribed under section 408 of 
the federal food, drug and cosmetic act and such raw agricultural com- 
modity has been subjected to processing such as canning, cooking, freezing, 
dehydrating, or milling, the residue of such pesticide chemical remaining 
in or on such processed feed shall not be deemed unsafe if such residue in 
or on the raw agricultural commodity has been removed to the extent 
possible in good manufacturing practice and the concentration of such 
residue in the processed feed is not greater than the tolerance prescribed 
for the raw agricultural commodity unless the feeding of such processed 
feed will result or is likely to result in a pesticide residue in the edible 



58 Chapter 70 [1971 

product of the animal, which is unsafe within the meaning of section 
408 (a) of the federal food, drug and cosmetic act. 

II. If any valuable constituent has been in whole or in part omitted or 
abstracted therefrom or any less valuable substance substituted therefor. 

III. If its composition or quality falls below or differs from that which 
it is purported or is represented to possess by its labeling. 

IV. If it contains a drug and the methods used in or the facilities or 
controls used for its manufacture, processing or packaging do not conform 
to current good manufacturing practice regulations promulgated by the 
commissioner to assure that the drug meets the requirement of this chapter 
as to safety and has the identity and strength and meets the quality and 
purity characteristics which it purports or is represented to possess. In 
promulgating such regulations, the commissioner shall adopt the current 
good manufacturing practice regulations for medicated feed premixes and 
for medicated feeds established under authority of the federal food, drug 
and cosmetic act, unless he determines that they are not appropriate to the 
conditions which exist in this state. 

V. If it contains viable weed seeds in amounts exceeding the limits which 
the commissioner shall establish by rule or regulation. 

441-A: 8 Prohibited Acts. The following acts and the causing thereof 
within the state are hereby prohibited : 

I. The manufacture or distribution of any commercial feed that is adul- 
terated or misbranded. 

II. The adulteration or misbranding of any commercial feed. 

III. The distribution of agricultural commodities such as whole seed, hay, 
straw, stover, silage, cobs, husks, and hulls, which are adulterated within 
the meaning of RSA 441-A: 7, I, II, III and IV. 

IV. The removal or disposal of a commercial feed in violation of an order 
under RSA 441-A : 12. 

V. The failure or refusal to register in accordance with RSA 441-A : 4. 

VI. The violation of RSA 441-A : 13, VI. 

441-A : 9 Rules and Regulations. The commissioner is authorized to 
promulgate such rules and regulations for commercial feeds and pet foods 
as are specifically authorized in this chapter and such other reasonable 
rules and regulations as may be necessary for the efficient enforcement of 
this chapter. In the interest of uniformity the commissioner shall by regu- 
lation adopt, unless he determines that they are inconsistent with the pro- 
visions of this chapter and are not appropriate to conditions which exist 
in this state, the following : 

I. The official definitions of feed ingredients and official feed terms 
adopted by the association of American feed control officials and published 
in the official publication of that organization, and 

II. Any regulation promulgated pursuant to the authority of the federal 
food, drug and cosmetic act (U.S.C. sec. 301 et seq.) : Provided, that the 
commissioner would have the authority under this chapter to promulgate 
such regulations. 

441-A: 10 Publication of Notice. Before the issuance, amendment, or 
repeal of any rule or regulation authorized by this chapter, the commis- 
sioner shall publish the proposed regulation, amendment, or notice to repeal 
an existing regulation in a manner reasonably calculated to give interested 
parties, including all current registrants, adequate notice and shall afford 
all interested persons an opportunity to present their views thereon, orally 



1971] Chapter 70 59 

or in writing, within a reasonable period of time. After consideration of all 
views presented by interested persons, the commissioner shall take appro- 
priate action to issue the proposed rule or regulation or to amend or repeal 
an existing rule or regulation. The provisions of this section notwithstand- 
ing, if the commissioner, pursuant to the authority of this chapter, adopts 
the official definitions of feed ingredients or official feed terms as adopted 
by the association of American feed control officials, or regulations pro- 
mulgated pursuant to the authority of the federal food, drug and cosmetic 
act, any amendment or modification adopted by said association or by the 
secretary of health, education and welfare in the case of regulations pro- 
mulgated pursuant to the federal food, drug and cosmetic act, shall be 
adopted automatically under this chapter without regard to the publication 
of the notice required by this section unless the commissioner by order 
specifically determines that said amendment or modification shall not be 
adopted. 

441-A: 11 Inspection, Sampling and Analysis. 

I. For the purpose of enforcement of this chapter, and in order to 
determine whether its provisions have been complied with, including 
whether or not any operations may be subject to such provisions, officers 
or employees duly designated by the commissioner, upon presenting appro- 
priate credentials, and a written notice to the owner, operator, or agent in 
charge, are authorized (a) to enter, during normal business hours, any 
factory, warehouse, or establishment within the state in which commercial 
feeds are manufactured, processed, packed, or held for distribution, or to 
enter any vehicle being used to transport or hold such feeds ; and (b) to 
inspect at reasonable times and within reasonable limits and in a reasonable 
manner, such factory, warehouse, establishment or vehicle and all pertinent 
equipment, finished and unfinished materials, containers, and labeling 
therein. The inspection may include the verification of only such records, 
and production and control procedures as may be necessary to determine 
compliance with the good manufacturing practice regulations established 
under RSA 441-A: 7, IV. 

II. A separate notice shall be given for each such inspection, but a notice 
shall not be required for each entry made during the period covered by the 
inspection. Each such inspection shall be commenced and completed with 
reasonable promptness. Upon completion of the inspection, the person in 
charge of the facility or vehicle shall be so notified. 

III. If the officer or employee making such inspection of a factory, ware- 
house, or other establishment has obtained a sample in the course of the 
inspection, upon completion of the inspection and prior to leaving the 
premises he shall give to the owner, operator, or agent in charge a receipt 
describing the samples obtained. 

IV. If the owner of any factory, warehouse or establishment described 
in paragraph I or his agent, refuses to admit the commissioner or his agent 
to inspect in accordance with paragraphs I and II, the commissioner is 
authorized to obtain from any state court a warrant directing such owner 
or his agent to submit the premises described in such warrant to inspection. 

V. For the purpose of the enforcement of this chapter, the commissioner 
or his duly designated agent is authorized to enter upon any public or 
private premises including any vehicle of transport during regular business 
hours to have access to, and to obtain samples, and to examine records 
relating to distribution of commercial feeds. 



60 Chapter 70 [1971 

VI. Sampling and analysis shall be conducted in accordance with meth- 
ods published by the association of official analytical chemists, or in accord- 
ance with other generally recognized methods. 

VII. The results of all analyses of official samples shall be forwarded by 
the commissioner to the person named on the label and to the purchaser. 
When the inspection and analysis of an official sample indicates a commer- 
cial feed has been adulterated or misbranded and upon request within 
thirty days following receipt of the analysis the commissioner shall furnish 
to the registrant a portion of the sample concerned. 

VIII. The commissioner, in determining for administrative puiT^oses 
whether a commercial feed is deficient in any component, shall be guided 
by the official sample as defined in RSA 441-A: 3, XVI and obtained and 
analyzed as provided for in paragraphs III, V and VI above. 

441-A: 12 Detained Commercial Feeds. 

I. "Withdrawal from distribution" orders: When the commissioner or 
his authorized agent has reasonable cause to believe any lot of commercial 
feed is being distributed in violation of any of the provisions of this chapter 
or of any of the prescribed regulations under this chapter, he may issue 
and enforce a written or printed "withdrawal from distribution" order, 
warning the distributor not to dispose of the lot of commercial feed in any 
manner until written permission is given by the commissioner or the court. 
The commissioner shall release the lot of commercial feed so withdrawn 
when said provisions and regulations have been complied with. If compli- 
ance is not obtained within thirty days, the commissioner may begin, or 
upon request of the distributor or registrant shall begin, proceedings for 
condemnation. 

II. "Condemnation and Confiscation" : Any lot of commercial feed not in 
compliance with said provisions and regulations shall be subject to seizure 
on complaint of the commissioner to a court of competent jurisdiction in 
the area in which said commercial feed is located. In the event the court 
finds the said commercial feed to be in violation of this chapter and orders 
the condemnation of said commercial feed, it shall be disposed of in any 
manner consistent with the quality of the commercial feed and the laws of 
the state: Provided, that in no instance shall the disposition of said com- 
mercial feed be ordered by the court without first giving the claimant an 
opportunity to apply to the court for release of said commercial feed or for 
permission to process or relabel said commercial feed to bring it into com- 
pliance with this chapter. 

441-A: 13 Penalties. 

I. Any person convicted of violating any of the provisions of this chapter 
or who shall impede, hinder or otherwise prevent or attempt to prevent the 
commissioner or his duly authorized agent in performance of his duty in 
connection with the provisions of this chapter shall be guilty of a misde- 
meanor and shall be fined not less than one hundred nor more than two 
hundred dollars for the first violation and not less than two hundred nor 
more than five hundred dollars for a subsequent violation. 

II. Nothing in this chapter shall be construed as requiring the commis- 
sioner or his representative to (a) report for prosecution, or (b) institute 
seizure proceedings, or (c) issue a withdrawal from distribution order as a 
result of minor violations of this chapter or when the commissioner be- 
lieves the public interest will be best sei'ved by suitable notice of warning in 
writing. 



1971] Chapter 70 61 

III. It shall be the duty of each county attorney to whom any violation 
is reported to cause appropriate proceedings to be instituted and prose- 
cuted in the superior court of his county without delay. Before the commis- 
sioner reports any violation for such prosecution, an opportunity shall be 
afforded the distributor involved, to present his view to the commissioner 
at a hearing. 

IV. The commissioner is hereby authorized to apply for and the superior 
court to grant a temporary or permanent injunction restraining any person 
from violating or continuing to violate any of the provisions of this chapter 
or any rule or regulation promulgated under this chapter notwithstanding 
the existence of any other remedies at law. Said injunction shall be issued 
without bond. 

V. Any person adversely affected by an act, order or ruling of the com- 
missioner made pursuant to the provisions of this chapter may avail him- 
self of the provisions for rehearing and appeal in RSA 541. 

VI. Any person who uses to his own advantage or reveals to other than 
the commissioner, employees of the department of agriculture, officers or 
employees of governmental agencies designated by the commissioner or to 
the courts when relevant in any judicial proceeding, any information ac- 
quired under the authority of this chapter concerning any method, records, 
formulations or processes which, as trade secrets, are entitled to protection 
shall be guilty of a misdemeanor and shall, upon conviction therefor, be 
fined not more than one thousand dollars or imprisoned for not more than 
six months or both; provided, however, that this prohibition shall not be 
deemed as prohibiting the commissioner or his duly authorized representa- 
tive from exchanging information of a regulatory nature with duly ap- 
pointed officials of either the United States government or other states who 
are similarly prohibited by law from revealing this information. 

441-A: 14 Cooperation with Other Entities. The commissioner may 
cooperate with and enter into agreements with governmental agencies of 
this state, other states, agencies of the federal government, and private 
associations in order to carry out the purpose and provisions of this 
chapter. 

441-A : 15 Publication of Information. The commissioner shall publish 
at least annually, in such form as he may deem proper, information con- 
cerning the sales of commercial feeds, together with such data on their 
production and use as he may consider advisable, and a report of the re- 
sults of the analyses of official samples of commercial feeds sold within the 
state as compared with the analyses guaranteed in the registration and on 
the label : Provided, that the information concerning production and use of 
commercial feed shall not disclose the operations of any person. 

70 : 2 Commercial Feed Law Repealed. RSA 442 relative to the com- 
mercial feed law is hereby repealed. 

70:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



62 Chapter 71 [1971 

CHAPTER 71. 

AN ACT RELATIVE TO PAYMENT OF VACATION WAGES. 

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

71 : 1 Vacation Pay. Amend RSA 275 : 43 by inserting after para- 
graph II the following new paragraph : 

III. Vacation pay, when it is a matter of employment practice or policy, 
or both, shall be considered wages pursuant to RSA 275 : 42, III, when due. 

71 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 72. 



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

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

72 : 1 Ballots to be Printed. Amend RSA 56 by inserting after section 
32 the following new section : 

56: 32-a [New] Number for New Party. For the first primary elec- 
tion at which a political party has candidates for nomination the secretaiy 
of state shall print for said party a sufficient number of ballots which in his 
sole discretion shall most closely approximate the figures provided for in 
RSA 56:32. 

72 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Eflfective date June 26, 1971.] 



CHAPTER 73. 



AN ACT REQUIRING THAT THE ARTICLES OF AGREEMENT OF 
VOLUNTARY CORPORATIONS AND ASSOCIATIONS PROVIDE FOR 
THE DISPOSITION OF THE ASSETS OF SUCH CORPORATIONS UPON 

THEIR DISSOLUTION. 

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

73 : 1 Provisions of Articles of Agreement. Amend RSA 292 : 2 by 
striking out said section and inserting in place thereof the following new 
section : 



1971] Chapter 74 6S 

292: 2 Articles of Agreement. The articles of agreement shall contain 
the following: 

I. The name of the corporation ; 

II. The object for which the corporation is established ; 

III. The provisions for disposition of the corporate assets in the event of 
dissolution of the coii^oration ; 

IV. The address at which the business of the corporation is to be carried 
on; 

V. The amount of capital stock, if any, or the number of shares, if any ; 

VI. The signature and post office address of each of the persons associat- 
ing together to form the corporation. 

73 : 2 Amending Articles. Amend RSA 292 : 7 by striking out in lines 
four and five the word "association" and inserting in place thereof the 
following word (agreement) so that said section as amended shall read as 
follows : 

292 : 7 Change of Name ; Amending Articles. Any corporation now 
or hereafter organized in accordance with the provisions hereof, and any 
existing corporation which might have been so organized, may change its 
name, increase or decrease its capital stock, or amend its articles of 
agreement, by a majority vote of 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 and in the office of the clerk of the town or city 
in this state which is its principal place of business. 

73 : 3 Procedure for Raising Money. Amend RSA 292 : 8 by striking 
out in line two the words "agreement of association" and inserting in 
place thereof the words (articles of agreement) so that said section as 
amended shall read as follows : 

292: 8 Raising Money. It may raise money of its members in any 
manner provided for in its articles of agreement, or in its bylaws. 

73 : 4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 74. 



AN ACT RELATIVE TO THE DEFINITION OF A CHILD-CARING AGENCY. 

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

74:1 Child-Caring Agency; Definition Revised. Amend RSA 170:2 
(supp) as amended by 1957, 116: 2; 1961, 135: 1 and 222: 1; 1963, 40: 1; 
1965, 366 : 2 and 1969, 217 : 1 by striking out said section and inserting in 
place thereof the following: 

170:2 Child-Caring Agency. A child-caring agency is any person, firm, 
corporation or association who: 

I. Operates or maintains a boarding home, foster home, or institution 
for children, or 



64 Chapter 74 [1971 

11. Receives for foster care, custody or control one or more children 
under the age of sixteen years any one of which stands in a relationship to 
the operator of the child-caring agency more distant in the degrees of 
kinship, by affinity or consanguinity, than second cousin who are separated 
from their parent or guardian, except children committed by a court; or 
during part or all of the day regularly gives care to one or more children, 
any one of which stands in a relationship to the operator of the child-caring 
agency more distant in the degrees of kinship, by affinity or consanguinity, 
than second cousin, whether or not the care is given for compensation, and 
whether or not the service is known as a family day care home, child care 
center, day nursery, day care agency, child development center, nursery 
school, kindergarten, play school, progressive school, or by any other name. 
The term child-caring agency does not include a bona fide summer camp, 
a hospital, a public school, a private school approved by the state board 
of education or a private home or other facility in which a child is left by 
his parent or guardian for temporary care for a period not exceeding thirty 
days in any calendar year. Such child-caring agencies shall keep a register 
of the name and address of each child, the name and address of his parent 
or guardian and the dates of his arrival and departure. Such register shall 
be available at any time for the inspection of the director of welfare or his 
authorized representative. 

74 : 2 Health Certificate for Persons Working with Children. Amend 
RSA 170 by inserting after section 18 the following new sections: 

170:19 [New] Health Certificates for Child-Care Agency Personnel. 

In order for a license to be granted under the provisions of RSA 170 : 3, 
annually the child-caring or child-care agency shall present to the division 
of welfare, department of health and welfare, a certificate of good health 
from a duly licensed physician for each person or employee who comes in 
contact with children either directly or indirectly in a significant manner 
or for a significant time each day in the agency of that person, firm, 
corporation or association. Any person or employee having said contact 
with the children, but who came to the agency subsequent to the presenta- 
tion of health certificates to the division of welfare shall be required to 
present said certificate to the division of welfare before assuming any 
contact with the children in said agency. The director of the division of 
welfare, department of health and welfare, shall have the power to refuse 
to issue a license under the provisions of RSA 170 : 4 and the power to 
revoke a license under the provisions of RSA 170 : 5 for noncompliance with 
the provisions of this section. 

170 : 20 [New] Certificates of Good Health. The certificate required 
by the provisions of RSA 170 : 19 shall be a form approved by the welfare 
division, department of health and welfare, and shall contain a statement 
signed by a duly licensed physician that he has found the individual to be 
free of communicable disease, and physical and mental impairment. In order 
to make this determination the physician shall, as a minimum, administer 
and interpret a tuberculin skin test or have a chest film made unless a 
test with negative results has been administered or a chest film made 
within ninety days of said certification. The results of any such tests shall 
be noted on said certificate. 



1971] Chapter 75 65 

74 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



CHAPTER 75. 



AN ACT CONVEYING A CERTAIN PORTION OF LAND WHICH WAS FORMERLY 
PART OF SILVER LAKE IN THE TOWN OF MADISON TO J. DONALD HAYES 

AND DOROTHY V. HAYES. 

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

75 : 1 Land to be Conveyed. The governor and council, for a considera- 
tion established by the department of public vv^orks and highways, are 
hereby authorized to convey by deed, in the form and content as prepared 
and approved by the attorney general, to John Donald Hayes and Dorothy 
Violet Hayes, both of Madison, county of Carroll and state of Nev^^ 
Hampshire, as joint tenants v^^ith rights of survivorship; all of the state 
of New Hampshire's right, title and interest in and to that parcel of 
land situate in the town of Madison, county of Carroll and state of New 
Hampshire bounded and described as follows: beginning at a point being 
the most southerly comer of the lands conveyed to the said John Donald 
Hayes and Dorothy Violet Hayes by warranty deed of Gladys M. Prescott 
dated April 19, 1954 and recorded in volume 335 page 505 of the Carroll 
County Registry and marked by an iron pipe; thence northeasterly along 
the easterly line of said lands of John Donald Hayes and Dorothy Violet 
Hayes, three hundred feet more or less, to the northeasterly corner of said 
lands ; thence southeasterly, at right angles, to the high water mark on the 
westerly shore of Silver Lake in said towm of Madison; thence south- 
westerly along the line of said high water mark three hundred feet more 
or less; thence northwesterly to the point of beginning. 

75 : 2 Effective Date. This act shall take effect on its passage. 

[Approved April 27, 1971.] 

[Effective date April 27, 1971.] 



CHAPTER 76. 

AN ACT TO PROVIDE FOR RECORDING OF SHORT FORM LEASES. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
Court convened: 

76 : 1 Modification. Amend RSA 477 : 3, as amended by 1965, 125 : 1 

by inserting at the end of said section the following: (except that the 
recording of a notice of lease as provided for in RSA 477 : 7-a shall be 
sufficient compliance with this section.) so that said section, as amended, 
reads as follows: 

477: 3 Execution; Record. Every deed or other conveyance of real 
estate shall be signed and sealed by the party granting the same, attested 



66 Chapter 77 [1971 

by one or more witnesses, acknowledged by the grantor before a justice, 
notary public or commissioner, showing the mailing address of the grantee, 
and shall be recorded at length in the registry of deeds in the county in 
which the land lies, except that the recording of a notice of lease as 
provided for in RSA 477 : 7-a, shall be sufficient compliance with this 
section, 

76 : 2 Notice of Lease. Amend RSA 477 by inserting after section 7 
the following new section : 

477: 7-a [New] Notice of Lease. Notwithstanding the provisions 
of RSA 477 : 7 a notice of lease consisting of an instrument in writing 
executed, witnessed, acknowledged and sealed by all persons who are 
parties to the lease, and containing the following information with reference 
to such lease shall be sufficient compliance with the provisions of this 
chapter : 

(1) The names and addresses of each party to the lease; 

(2) The date of execution of the lease; 

(3) A description of the demised premises as it appears in the lease; 

(4) The term of such lease; and 

(5) The date of commencement of such term and all rights of extension 
or renewal. 

76: 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 

[Effective date June 26, 1971.] 



CHAPTER 77. 
AN ACT RELATING TO THE TOWN OF GORHAM. 

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

11: 1 New Section. Amend chapter 188, Laws of 1905, as amended 
by chapter 338, Laws of 1917, and amended by chapter 298, Laws of 1919, 
by inserting after section 6 the following new section : 

Sect. 6-a. Notwithstanding the borrowing limitations set forth in the 
preceding section, the said town shall have all the authority to incur 
debt for water and sewer purposes which is granted to municipalities 
under RSA 33. 

77 : 2 Effective Date. This act shall take effect on its passage. 

[Approved April 27, 1971.] 

[Effective date April 27, 1971.] 



1971] Chapter 78 67 

CHAPTER 78. 

AN ACT PROVIDING THAT WHEN HIGHWAY WORK REQUIRES RELOCATING 
MUNICIPALLY OWNED UNDERGROUND UTILITY FACILITIES THE GOVERN- 
MENTAL AGENCY DOING THE WORK SHALL PAY FOR THE TRENCHING 

AND BACKFILLING. 

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

78 : 1 Relocation of Underground Utilities. Amend RSA 229 by insert- 
ing after section 6 the following new section: 

229: 6-a [New] Cost of Trenching for Relocation of Underground 
Utilities. When the commissioner shall determine that a highway recon- 
struction, relocation, or maintenance project financed in whole or in part 
by state funds and conducted under department of public works and 
highways supervision or control necessitates the relocation of any munici- 
pally-owned subterranean utilities facilities, any trenching and backfilling 
required for such relocation shall be part of the cost of such reconstruction, 
relocation, or maintenance and shall be provided by the governmental 
agency which is carrying out such highway work at no cost to the 
municipally-owned utility, and the governmental agency shall pay the 
municipality for the book value (original cost less allowable depreciation) 
at the time the municipally-owned subterranean facility is retired. Pro- 
vided, however, that if a public utility other than a municipally-owned 
utility makes use of a relocation trench provided for in this section, said 
utility shall pay the governmental agency carrying out such work its 
proportionate share of the cost of such trenching and backfilling. 

78 : 2 Application of Statute. If any relocation which comes under the 
provisions of RSA 229 : 6-a has been started but not completed on the 
effective date of said section the governmental agency shall provide the 
full cost of the trenching and backfilling at no cost to the municipally-owned 
utility and shall pay for the book value of the facility as provided by said 
section. If the trenching and backfilling portion of any such project has 
been completed on the effective date of RSA 229 : 6-a said section shall not 
apply. 

78 : 3 Effective Date. This act shall take effect upon its passage. 

[Approved April 27, 1971.] 

[Effective date April 27, 1971.] 



CHAPTER 79. 



AN ACT RELATIVE TO PETITIONING FOR ARTICLES TO BE PLACED IN A 
TOWN OR SCHOOL WARRANT AND PROVIDING A PENALTY. 

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

79 : 1 Right to Petition Articles for Town Meeting Not to be Abrogated. 

Amend RSA 39: 3 (supp) as amended by 1969, 59: 1 by inserting at the 
end thereof the following (The right to have an article inserted in the 



68 Chapter 79 [1971 

warrant conferred by this section shall not be invalidated by the provisions 
of RSA 32) so that said section as amended shall read as follows: 

39 : 3 Articles. Upon the written application of ten or more voters or 
one sixth of the voters in town, presented to the selectmen or one of them 
at least thirty-five days before the day prescribed for an annual or biennial 
meeting, the selectmen shall insert in their warrant for such meeting any 
subject specified in such application. Upon the written application of fifty 
or more voters or one fourth of the voters in town, so presented not less 
than sixty days before the next annual meeting, the selectmen shall warn 
a special meeting to act upon any question specified in such application. 
The word "voters" in this section shall mean persons listed as such in the 
last previous revision of the check-list. The right to have an article inserted 
in the warrant conferred by this section shall not be invalidated by the 
provisions of RSA 32. 

79 : 2 Right to Petition Articles for School Meeting Not to be Abro- 
gated. Amend RSA 197: 6 (supp) as amended by 1965, 36: 1 by striking 
out said section and inserting in place thereof the following: 

197: 6 Warrant and Articles. Upon the written application of ten or 
more voters or one-sixth of the voters of the school district, presented to 
the school board or one of them not later than thirty days before the 
date prescribed for the school district meeting, the school board shall 
insert in the school district warrant for such meeting any subject-matter 
specified in such application. No article may be inserted after posting of said 
warrant. The right to have an article inserted in the warrant conferred 
by this section shall not be invalidated by the provisions of RSA 32. 

79 : 3 Penalty for Refusal to Insert Article in School Warrant. Amend 
RSA 197 by inserting after section 6 the following new section : 

197: 6-a [New] Penalty. If the school board shall refuse to insert an 
article in the warrant, after being petitioned to do so in accordance with 
the provisions of RSA 197: 6, such refusal shall be deemed to be a wilful 
neglect of duty, and subject the board to the penalty provided in RSA 
587:31. 

79 : 4 Penalty for Refusal to Insert Article in Town Warrant. Amend 
RSA 39 by inserting after section 3-a the following new section: 

39 : 3-b [New] Penalty. If the board of selectmen shall refuse to 
insert an article in the warrant, after being petitioned to do so in 
accordance with the provisions of RSA 39 : 3, such refusal shall be deemed 
to be a wilful neglect of duty, and subject the board to the penalty provided 
in RSA 587 : 31. 

79 : 5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1971.] 
[Effective date June 26, 1971.] 



1971] Chapter 80 69 

CHAPTER 80. 

AN ACT RELATIVE TO FINANCIAL REPORTS OF HOUSING AUTHORITIES. 

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

80 : 1 Financial Report. Amend RSA 203 : 27 by striking out said sec- 
tion and inserting in place thereof the following new section: 

203 : 27 Reports. At least thirty days prior to the annual public hear- 
ing on the municipality's budget, an authority shall file with the clerk a 
financial report for the authority's last fiscal year, provided that such fiscal 
year shall end at least ninety days prior to the public hearing. Such report 
shall contain an estimate of the payment to be made by the municipality 
for the ensuing year. 

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

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



CHAPTER 81. 



AN ACT RELATIVE TO THE CONTROL OF JUNKYARDS ON THE INTERSTATE, 
FEDERAI^AID PRIMARY, AND TURNPIKE HIGHWAY SYSTEMS. 

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

81 : 1 Junkyards Adjacent to Certain Highways. Amend RSA 249- 
B: 1 (supp) as inserted by 1967, 252: 1 by striking out in lines three and 
four the words "system and the federal aid primary" and inserting in place 
thereof the words (federal aid primary and turnpike) so that said section 
as amended shall read as follows : 

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 establish- 
ment, use and maintenance of junkyards adjacent to the interstate, federal 
aid primary, and turnpike systems 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. 

81: 2 Location of Junkyards, Control. Amend RSA 249-B: 2, I (supp) 
as inserted by 1967, 252: 1 by striking out said paragraph and inserting in 
place thereof the following: 

I. "Effective Control" means that by January 1, 1968 all junkyards loca- 
ted within one thousand feet from the nearest edge of the right of way or 
visible from the main traveled way of the interstate, federal aid 
primary, and turnpike systems shall be screened by natural objects, plant- 
ings, 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. 

81 : 3 Definitions. Amend RSA 249-B : 2 by inserting after paragraph 
IV the following new paragraphs: 



70 Chapter 81 [1971 

V. The words "interstate system" shall mean any highways which are a 
part of the national system of interstate and defense highways described 
in subsection (d) of section 103 of title 23, United States Code. 

VI. The words "federal aid primary system" shall mean any highways 
which are a part of the federal aid primary system described in subsection 
(b) of title 23, United States Code. 

VII. The words "turnpike system" shall mean all highways within this 
state which are a part of the Spaulding and the Central New Hampshire 
Turnpike established by RSA 256, 257 and 257-A, and which are not defined 
as interstate or federal aid primary system in paragraphs V and VI of this 
section. 

VIII. The words "zoned industrial area" shall mean those areas zoned 
for industrial use pursuant to a municipal zoning ordinance, regulation or 
bylaw. 

IX. The words "industrial activity" shall mean those activities generally 
recognized as heavy industrial by zoning authorities in the state. Except 
that none of the following shall be considered industrial activities: 

(a) Outdoor advertising structures; 

(b) Agricultural, forestry, ranching, grazing, farming and related 
activities, including, but not limited to, wayside fresh produce stands ; 

(c) Activities normally and regularly in operation less than three 
months of the year; 

(d) Transient or temporary activities; 

(e) Activities not visible from the traffic lanes of the main traveled 
way; 

(f ) Activities more than 300 feet from the nearest edge of the main 
traveled way; 

(g) Activities conducted in a building principally used as a residence ; 
(h) Railroad tracks, minor sidings, and passenger depots; 

(i) Junkyards, as defined in section 136, title 23, United States Code. 

X. The words "unzoned industrial area" shall mean the land occupied by 
the regularly used building, parking lot, storage or processing area of an 
industrial activity, and that land within five hundred feet thereof which 
is — 

(a) Located on the same side of the highway as the principal part of 
said activity, and 

(b) Not used for residential or commercial purposes, and 

(c) Not zoned by state or local law, regulation or ordinance, 

81:4 Hearings; Findings; Notice. Amend RSA 249-B:8 (supp) as 
inserted by 1967, 252 : 1 by striking out said section and inserting in place 
thereof the following: 

249-B : 8 Grant or Denial of Application ; Appeal. After the hearing 
the commissioner of public works and highways shall, within two 
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 pre- 
paid, to the address given on the application. If approved by the commis- 
sioner of public works and highways, the license including the certificate of 
approved location shall be forthwith issued to remain in effect until the 
following April first. License approval is personal to the applicant for a 



1971] Chapter 82 71 

specific location and it is not assignable or transferable. Licenses shall be 
renewed annually thereafter on April first, 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 apphcant is not convicted of any 
type of larceny or of receiving stolen goods. A writ of certiorari lies from 
the denial of the application to the superior court of the county in which 
the proposed location is situated. 

81:5 Lands Adjacent to Certain Highways. Amend RSA 249-B : 13 
(supp) as inserted by 1967, 252: 1 by striking out in hne three the words 
"and primary system" and inserting in place thereof the words (federal- 
aid primary and turnpike systems) so that said section as amended shall 
read as follows: 

249-B: 13 Public Land. All public lands or resei^vations of the United 
States, state, city, town or other political subdivision which are adjacent 
to any portion of the interstate, federal-aid primary, and turnpike systems 
shall be effectively controlled in accordance with the provisions of this 
chapter. 

81 : 6 Industrial Operations Permitted in Certain Areas. Amend RSA 
249-B: 14 (supp) as inserted by 1967, 252: 1 by striking out said section 
and inserting in place thereof the following: 

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, the federal- 
aid primary system, and the turnpike system which are within one 
thousand feet of the nearest edge of the right of way and which are 
within a zoned industrial area, or which are within an unzoned industrial 
area but are used for industrial activities. 

81 : 7 Inspection of Junkyards. Amend RSA 249-B by inserting after 
section 19 the following new section: 

249-B: 20 [New] Right to Enter. The commissioner of public works 
and highways or his representative at his discretion may enter a junkyard 
for inspection without incurring any liability to the property owner and/or 
junkyard owner. 

81 : 8 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



CHAPTER 82. 



AN ACT RELATIVE TO DONATION OF BLOOD BY MINORS. 

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

82: 1 Capacity to Consent. Amend RSA 571 by inserting after section 
24 the following new section: 



72 Chapter 83 [1971 

571 : 24-a [New] Minor Blood Donors. Any minor of sound mind 
who has attained the age of eighteen years or any married minor regardless 
of age may donate blood in any voluntary and noncompensatory blood 
program without the necessity of obtaining the consent of any parent, 
guardian, or any other person having the care and custody of such minor. 

82 : 2 Effective Date. This act shall take effect sixty days after 
its passage. 

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



CHAPTER 83. 



AN ACT RELATIVE TO THE CONSTRUCTION OF AREA SCHOOLS AND 

ADDITIONS THERETO. 

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

83 : 1 Debt Limit of Receiving Area Schools. Amend RSA 195-A : 7 
(supp) as inserted by 1963, 277: 1 and amended by 1965, 112: 5 and 1969, 
347: 1 by striking out in line two the words "building, including" and 
inserting in place thereof the following: (including the purchase of school 
buildings, the) : and by inserting in line twelve after the words "to be" 
the word (purchased) ; and by inserting in line fourteen after the word 
"board" the words (Also in determining the debt limit of the receiving 
district, this same proportion of its estimated enrollment in the area school 
shall apply to any indebtedness outstanding of the receiving district that 
existed at the date of the operating responsibility of the authorized 
regional enrollment area, when such indebtedness applies to faciUties 
which are included in the area school plan) so that said section as 
amended shall read as follows: 

195-A: 7 Construction of Area Schools. The construction of an area 
school including the purchase of school buildings, the construction of 
additions or alterations to existing buildings, the required new construction 
of such facilities during the life of the plan, the equipment thereof, and 
necessary land acquisition therefor, shall be the responsibility of the receiv- 
ing district but it must, at all times, provide facilities of sufficient capacity 
to meet the estimated educational needs of the receiving and sending 
districts together. A receiving district may borrow money for such purposes 
as provided in RSA 33 as amended. However, in calculating whether it is 
within its debt limit, there shall be charged thereto an amount no greater 
than its proportionate share of any such required capital outlay, which shall 
be the proportion which its then estimated enrollment in the area school 
to be purchased, constructed or enlarged, bears to the then estimated 
total enrollment therein as determined by order of the state board. Also 
in determining the debt limit of the receiving district this same proportion 
of its estimated enrollment in the area school shall apply to any indebted- 
ness outstanding of the receiving district that existed at the time of the 



1971] Chapter 84 73 

date of operating responsibility of the authorized regional enrollment 
area, when such indebtedness was incurred for facilities which are included 
in the area school plan. The total amount of such bond or serial note issue 
shall be general obligations of the receiving district, fully secured by its 
powers of taxation. Upon application of the school board of the receiving 
district, that amount of such bond or serial note issue, which is in excess 
of the proportionate share of the receiving district as determined by the 
state board, shall be eligible for state guarantee, either on a declining 
balance basis or as a separate issue fully guaranteed, as the governor and 
council may decide, in accordance with RSA 195-C. The school board of 
the receiving district, without vote of the district, shall apply all tuition 
payments received from sending districts in each year first to the pay- 
ment of the currently scheduled, or any past due, annual installments of 
principal or interest on that amount of such bond or serial note issue which 
is guaranteed by the state; and only after adequate provision has been 
made therefor may any portion of such revenue be used for other purposes. 

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

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



CHAPTER 84. 



AN ACT RELATIVE TO FISH AND GAME LICENSES ISSUED BY THE FISH 

AND GAME DEPARTMENT. 

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

84 : 1 Fee for License Sold at Department Headquarters or Subagency. 

Amend RSA 214: 15 (supp) as amended by 1959, 254: 3; 1961, 32: 3 and 
1969, 63: 1 by adding at the end thereof the following (All licenses sold 
at the department headquarters or any subagency thereof shall charge 
the same fee as outlined herein. Such fee shall be credited to the fish and 
game fund) so that said section as amended shall read as follows: 

214:15 Agent's Accounting. The agent shall collect from the licensee 
a fee of fifty cents for each license issued and shall account to the director 
for the full face value of the licenses. He shall on the first day of each 
month, pay to the director the full face value of all licenses sold and shall 
report the names and addresses of all persons to whom licenses have been 
sold and such other information as may be requested on blanks to be 
furnished by the director. All licenses sold at the department headquarters 
or any subagency thereof shall charge the same fee as outlined herein. 
Such fee shall be credited to the fish and game fund. 

84: 2 Effective Date. This act shall take effect January 1, 1972. 
[Approved May 1, 1971.] 
[Effective date January 1, 1972.] 



74 Chapter 85 [1971 

CHAPTER 85. 

AN ACT RELATIVE TO TAKING WILD BLACK BEAR. 

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

85:1 Dates Dogs May be Used, Bag Limit. Amend RSA 208:22 
(supp) as amended by 1961, 126: 1; 1963, 311: 1; 1965, 143: 2 and 1967, 
46: 1 by striking out in line seven the words "November 14 inclusive" 
and inserting in place thereof the words (the day before the opening of 
the regular deer season) and by inserting in line twenty-three after the 
word "director" the words (no person shall take more than one bear in any 
one 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 inclusive, provided that no bear shall be 
taken at any time on any island or in any waters or lakes or ponds. Wild 
black bear may be taken by the aid and use of dogs from September 1 to the 
day before the opening of the regular deer season with written 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 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 permitted to set traps for 
bear doing actual or substantial damage to property. 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 accord- 
ance 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. No person shall take 
more than one bear in any one season. 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. 

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

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



1971] Chapter 86 75 

CHAPTER 86. 

AN ACT RELATIVE TO TAKING DEER WITH SINGLE SHOT MUZZLE-LOADING 

FIREARMS. 

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

86:1 Nature of Muzzle- Loaders Defined. Amend RSA 208: 5-a (supp) 
as inserted by 1963, 315 : 1 and amended by 1965, 93 : 1 and 1969, 96 : 1 
by striking- out in line five the words "muzzle-loading firearm, rifle or 
musket" and inserting in place thereof the words (single shot muzzle- 
loading firearm) and by adding at the end of said section the following 
new sentence: (No other type of firearm can be used for the taking of 
deer during this period) so that said section as amended shall read as 
follows : 

208: 5-a Muzzle- Loaders. A person who has complied with the licens- 
ing requirements relative to hunting deer pursuant to RSA chapter 214, 
as amended, upon payment of a fee of three dollars by residents or a fee 
of four dollars by non-residents shall be issued a special license. Said special 
license shall entitle the holder to hunt deer with a single shot muzzle-load- 
ing firearm, of not less than .40 caliber, for a period of ten days immediately 
prior to the opening date for the taking of deer as provided for by section 
2 of this chapter, as now or hereafter amended. No other type of firearm 
can be used for the taking of deer during this period. 

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

[Approved May 1, 1971.] 
[Effective date June 30, 1971.] 



CHAPTER 87. 



AN ACT PROVIDING THAT MINORS WHO HAVE COMPLETED A HUNTER 

SAFETY INSTRUCTION COURSE IN ANOTHER STATE BE RECOGNIZED 

AS COMPETENT TO HANDLE FIREARMS IN THIS STATE. 

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

87 : 1 Hunter Safety Instruction in Other State. Amend RSA 214 : 23-a 
as inserted by 1961, 177: 1 by inserting at the end thereof the follovdng 
words (or (4) satisfactory proof that he has successfully completed a 
hunter safety instruction course in another state equivalent to the course 
provided for by this chapter) so that said section as amended shall read 
as follows: 

214 : 23-a Certificate of Competency Required for Certain Minors. On 

and after January 1, 1963 no hunting license shall be issued to any 
resident or non-resident person between the ages of sixteen and nineteen 
unless he presents to the person authorized to issue such license either: 
(1) evidence that he held a hunting license issued under the provisions 
of this chapter effective for the year prior to application, or (2) a certifi- 
cate of competency as provided under this subdivision, or (3) satisfactory 



76 Chapter 88 [1971 

proof that he is or has been a member of any branch of the armed forces 
of the United States including any women's auxihary unit, or (4) satis- 
factory proof that he has successfully completed a hunter safety instruction 
course in another state equivalent to the course provided for by this 
chapter. 

87:2 Effective Date. This act shall take effect on July 1, 1971. 
[Approved May 1, 1971.] 
[Effective date July 1, 1971.] 



CHAPTER 88. 



AN ACT RELATIVE TO FILING OF ANNUAL RETURNS BY CORPORATIONS, 

RESERVATION OF A NAME BY A FOREIGN CORPORATION, AND 

MONTHLY RETURNS OF QUANTITY OF ALCOHOLIC BEVERAGES SOLD. 

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

88 : 1 Business Corporations. Amend RSA 294 : 106, as amended by 
1957, 180: 1 by striking out said section and inserting in place thereof 
the following: 

294: 106 Contents of Returns. The returns shall be signed under the 
penalties of perjury by the president or a vice-president and by the 
treasurer or assistant treasurer of a corporation and shall state the 
address of its principal office in this state and elsewhere in the case of a 
corporation organized to do business wholly outside the state, the names 
and addresses of all the directors and officers of the corporation, the 
amount of its authorized capital stock, the amount, number of shares and 
the par value thereof, if any, of its stock issued and outstanding, its total 
amount of assets and total amount of liabilities, exclusive of capital stock, 
and its surplus or deficit, if any, as appearing on its books or so far as the 
same can be otherwise ascertained, as existing on the first day of the 
preceding January, or as existing on the last day of its fiscal year preceding 
said first day of January. 

88: 2 Removal of Oath Provisions. Amend RSA 294: 112 by striking 
out said section and inserting in place thereof the following: 

294:112 False Statements. Any person who shall subscribe to any 
such return containing any false statements, knowing the same to be 
false, shall be fined not more than one thousand dollars, or imprisoned not 
more than two years, or both. 

88 : 3 Penalty of Perjury. Amend RSA 181 : 24 by striking out in line 
3 the word "oath" and inserting in place thereof the following (penalty of 
perjury) so that said section as amended shall read as follows: 

181 : 24 Reports. Each manufacturer and wholesaler of beverages 
within the state shall, on or before the tenth day of each month, furnish to 
the commission, on a form prescribed, a statement under penalty of perjury 
showing the quantity of beverages sold for resale and the quantity of 
beverages sold under an off-sale permit, during the preceding calendar 
month, within the state. 



1971] Chapter 89 77 

88 : 4 Request for Reservation of Name by Foreign Corporation. 

Amend RSA 300 by inserting after section 4 the following new section: 

300: 4-a [New] Fee for Name. Any person who chooses a name for 
a foreign corporation which is available for use may in writing request the 
secretary of state to hold such name for him until he has had an opportu- 
nity to prepare the record of organization. Upon such request, and upon 
payment of a fee of five dollars, the secretary of state shall hold such name 
for use by the person requesting the same for a period of not exceeding 
sixty days. During such sixty-day period no other person shall be permitted 
to register such name either as a trade or corporate name. The fee for 
such service by the secretary of state shall be in addition to any other 
fees which may be required when the corporation papers are filed. 

88 : 5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1971.] 
[Effective date July 3, 1971.] 



CHAPTER 89. 

AN ACT RELATIVE TO INJURY TO DOMESTIC DUCKS OR FOWL BY HUNTERS. 

Be it Enacted by the Senate and House of Repr^esentatives in General 
Court convened: 

89:1 Ducks and Fowl Included. Amend RSA 207:39-a (supp) as 
inserted by 1965, 179 : 1 by striking out said section and inserting in place 
thereof the following: 

207:39-a [New] Shooting Domestic Animals. Any person, while 
actually engaged in hunting or the pursuit of wild animals or wild birds, 
causing death, injury or damage to domestic animals, ducks or fowl shall be 
liable to the owner therefor. Any person, while actually engaged in hunting 
or in pursuit of wild animals or wild birds who shall cause death, 
injury or damage to such domestic animals, ducks or fowl through the 
discharge of a firearm or bow and arrow shall have his license to hunt 
revoked and he may not be granted a license to hunt for a period not to 
exceed five years. The provisions of this section shall not apply to a 
hunter killing or injuring his own or a borrowed animal or one used by 
another member of the same hunting party, other than being liable to the 
owner therefor, nor shall they apply to a hunter killing or injuring a 
domestic animal "gone wild". The director of the fish and game department 
shall be empowered to make such revocation and suspension of the privilege 
of obtaining a license and determine the term of such suspension when, in 
his opinion, reasonable evidence of a violation of the provisions of this 
statute exist. 

89 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1971.] 
[Effective date July 3, 1971.] 



78 Chapter 90 [1971 

CHAPTER 90. 

AN ACT PROHIBITING THE HUNTING OR TAKING OF WHITE DEER, 
AND DEFINING THE SAME. 

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

90:1 Protection of White Deer. Amend RSA 208:2 (supp) as 
amended by 1955, 264: 1; 1961, 254: 1; 1963, 298: 1 and 1965, 304: 1 by 
Inserting in line five after the word "ponds" the words ( ; and white deer 
shall not be hunted or taken at any time) so that said section as amended 
shall read as follows: 

208:2 Taking; Time. Wild deer, outside game preserves, may be 
hunted and taken from one half hour before sunrise to one half hour 
after sunset from November 10 to the first Sunday in December, inclusive, 
provided that no deer shall be hunted or taken at any time on any island 
or in any waters in lakes and ponds ; and white deer shall not be hunted or 
taken at any time. 

90: 2 White Deer Defined. Amend RSA 207: 1 as amended by 1955, 
277: 5; 1959, 24: 1; 72: 1; 1961, 188: 1 and 1965, 145: 1 by inserting at 
the end thereof the following new paragraph: 

White Deer: All deer which are primarily and predominantly white in 
color. 

90: 3 Effective Date. This act shall take eflfect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



CHAPTER 91. 

AN ACT PROVIDING FOR AN OPEN SEASON ON FISHER. 

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

91: 1 Fisher. Amend RSA 210: 3-a (supp) as inserted by 1965, 271: 1 
and amended by 1967, 441 : 1 and 1969, 230 : 1 by striking out said section 
and inserting in place thereof the following: 

210: 3-a Open Season. Fisher may be taken and possessed in all 
counties in the state from December first to March first. 

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

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



1971] Chapter 92 79 

CHAPTER 92. 

AN ACT TO PROVIDE LIFE INSURANCE FOR NATIONAL GUARDSMEN 
WHILE ON ACTIVE STATE DUTY. 

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

92:1 Life Insurance. Amend RSA 110-A: 8 as amended by 1957, 
147 : 1 by inserting after paragraph II the following new paragraph : 

III. The adjutant general is authorized and empowered, subject to the 
approval of the governor and council, to contract with any person or private 
or public agency to provide group life insurance coverage for members of 
the national guard, while on active state duty, within the limits of appro- 
priations made for other personnel sei'vices, national guard. 

92 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved May 5, 1971.] 

[Effective date May 5, 1971.] 



CHAPTER 93. 

AN ACT AUTHORIZING TOWN BY-LAWS ON SNOW REMOVAL. 

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

93:1 By-laws on Snow Removal. Amend RSA 31:39 (supp) as 
amended by 1969, 68 : 1, by inserting in line thirteen following the word 
"garbage" the word (snow) so that said section as amended shall read 
as follows: 

31 : 39 Purposes and Penalties. Towns may make by-laws, for the care, 
protection, preservation and use of the public cemeteries, parks, commons, 
libraries and other public institutions of the town; for the prevention of 
the going at large of horses and other domestic animals in any public place 
in the town; for the observance of Memorial Day, whereby interference 
with and disturbance of the exercises for such observance, by processions, 
sports, games or other holiday exercises, may be prohibited; to regulate 
the use of mufflers upon boats and vessels propelled by gasohne or naphtha 
and operating upon the waters within the town limits; respecting the 
kindling, guarding, and safekeeping of fires, and for removing all combus- 
tible materials from any building or place, as the safety of property in 
the town may require; respecting the collection, removal and destruction 
of garbage, snow and other waste materials ; to regulate the operation of 
vehicles, except by railways as common carriers, upon their streets, to 
regulate the conduct of public dances; to regulate the conduct of roller 
skating rinks ; and for making and ordering their prudential affairs. They 
may appoint all such officers as may be necessary to carry the by-laws into 
effect, and may enforce their observance by suitable penalties not exceeding 
the fifty dollars for each offense, to enure to such uses as they may direct. 

93:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



80 Chapter 94 [1971 

CHAPTER 94. 

JOINT RESOLUTION IN FAVOR OF WILLIAM J. WILSON OF CANTERBURY. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

That the sum of three thousand six hundred and sixty dollars and 
sixteen cents is hereby appropriated to reimburse William J, Wilson of 
Canterbury, in full and final settlement, for losses sustained due to an 
erroneous calibration of a bulk milk tank, made by authorized agents of 
the state of New Hampshire. The governor is authorized to draw his 
warrant for the sum hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

[Approved May 5, 1971.] 



CHAPTER 95. 



JOINT RESOLUTION TO REIMBURSE REGINALD PELKEY FOR DAMAGE DONE 
TO HIS AUTOMOBILE AND MAKING AN APPROPRIATION THEREFOR. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

That the sum of two hundred fifty-four dollars is hereby appropriated 
to reimburse Reginald Pelkey of Fitzwilliam for damages he sustained as 
a result of a tree, which was being removed by the department of public 
works and highways, coming in contact with his automobile and resulting 
in damage thereto. This sum is in full and final settlement of this claim. 
The governor is authorized to draw his warrant for said sum which shall 
be a charge against the highway fund. 

[Approved May 5, 1971.] 



CHAPTER 96. 

AN ACT RELATIVE TO TRAFFIC SURVEYS AND TRUCK WEIGHT SURVEYS. 

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

96 : 1 Power of Commissioner of Public Works and Highways. Amend 
RSA 229 by inserting after section 6-a the following new section: 

229 : 6-b [New] Traffic and Weight Surveys. The commissioner may 
conduct traffic survey interviews, truck weight surveys and such other 
statistical studies as he deems necessary on class I, II and III highways for 
the department's use in the planning and development of the state-wide 
highway system. 

96:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 

[Effective date July 4, 1971.] 



1971] Chapter 97 81 

CHAPTER 97. 

AN ACT REQUIRING INSURANCE COMPANIES TO PAY THE COST OF 

PHYSICAL EXAMINATIONS WHERE THE INSURER REQUIRES 

THEM BEFORE EXTENDING LIABILITY COVERAGE. 

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

97 : 1 Insurer Pays Cost of Physical Exam. Amend RSA 412 by insert- 
ing after section 2-a the following new section: 

412 : 2-b [New] Physical Examinations. When an insurer requires 
any person to submit to a physical examination as prerequisite to issuance 
or delivery of any motor vehicle liability policy, the insurer shall assume 
and pay the cost of the physical examination. 

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

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



CHAPTER 98. 



AN ACT PROVIDING FOR INVESTIGATION OF A LAKE MANAGEMENT 
STRUCTURE ON SILVER LAKE. 

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

98: 1 New Chapter. Amend RSA by inserting after chapter 482-E 
the following new chapter: 

CHAPTER 482-F [NEW] 

INVESTIGATION AND CONSTRUCTION OF A LAKE MANAGEMENT 
STRUCTURE AT SILVER LAKE 

482-F: 1 Investigation and Construction. The water resources board 
is authorized to investigate conditions affecting the use and enjoyment 
of Silver Lake and when funds are available therefor to construct an 
outlet control structure and make channel improvements. 

482-F: 2 Agency to Receive Funds. The water resources board is au- 
thorized to apply for and receive, in the name of the state, any funds which 
are or may become available for the purposes of this chapter from the 
federal government or any other source. The board is authorized to acquire 
by gift any lands, water rights, easements or other property rights from 
the owners of lake frontage on Silver Lake and/or any funds which may 
be offered to make the project possible. 

482-F: 3 Tax Exemption. Any property acquired by the state under 
the provisions of this chapter shall be exempt from taxation. 

98: 2 Effective Date. This act shall take effect on July 1, 1971. 

[Approved May 5, 1971.] 

[Effective date July 1, 1971.] 



82 Chapter 99 [1971 

CHAPTER 99. 

AN ACT CLARIFYING THE POWERS OF ASSISTANT MODERATORS TO 

ADMINISTER OATHS. 

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

99:1 Additional Oaths. Amend RSxA. 59:48 (supp) as amended by 
1969, 60 : 1 by inserting in line five after the word "official" the words (and 
all other oaths the moderator may administer) so that said section as 
amended shall read as follows: 

59 : 48 Officers. The moderator shall appoint an assistant moderator 
and the town clerk shall appoint an assistant clerk, who shall be residents 
of the voting district, for each additional polling place and said assistant 
moderator shall have the power to administer the oath of office to all elec- 
tion officials and all other oaths the moderator may administer at the addi- 
tional polling place. The selectmen shall appoint for each additional polling 
place four inspectors of election, who shall be residents of the voting 
district, and who shall be qualified in the same manner as such officers are 
for the central polling place. The duties of such officers shall be the same 
as the duties of like officers at the central polling place except as herein 
otherwise provided. The officers so appointed shall be sworn in by the 
assistant moderator before entering upon their duties. 

99:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 

[EflTective date July 4, 1971.] 



CHAPTER 100. 



AN ACT PROHIBITING THE RENAMING OF CERTAIN NATURAL AND 
MAN-MADE FORMATIONS IN THE STATE. 

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

100:1 Miscellaneous Provisions. Amend RSA 4 by inserting after sec- 
tion 42 the following new subdivision : 

Miscellaneous Provisions [New] 

4: 43 Naming of Certain Formations. No state park, bridge, moun- 
tain, road, river, or body of water under the control of the state, shall be 
renamed without legislative approval. 

100 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 

[Effective date July 4, 1971.] 



1971] Chapter 101 83 

CHAPTER 101. 

AN ACT INCREASING THE DEBT LIMIT FOR SCHOOL CONSTRUCTION IN 

THE TOWN OF BEDFORD. 

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

101 : 1 Bedford School District Limit Increased. Notwithstanding the 
provisions of RSA 33:4-a (supp) to the contrary, the school district 
encompassing- the town of Bedford shall not incur net indebtedness to an 
amount at any one time outstanding exceeding nine percent of its valuation 
as determined according to law, 

101:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



CHAPTER 102. 



AN ACT RELATIVE TO THE NEW HAMPSHIRE ANNUAL CONFERENCE OF 
THE METHODIST CHURCH. 

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

102: 1 Change of Name. Amend chapter 9 of the Laws of 1831, as 
amended by chapter 455 of the Laws of 1846, as amended by chapter 4178 
of the Laws of 1865, as amended by chapter 155 of the Laws of 1885, as 
amended by chapter 285 of the Laws of 1941, by striking out the words 
"Trustees of the New Hampshire Annual Conference of the Methodist 
Church ;" and inserting in place thereof the following: (Trustees of the New 
Hampshire Annual Conference of the United Methodist Church). 

102: 2 Effective Date. This act shall take effect upon its passage. 

[Approved May 5, 1971.] 

[Effective date May 5, 1971.] 



CHAPTER 103. 



AN ACT RELATIVE TO THE ASSOCIATE DEGREE PROGRAMS OF 
KEENE AND PLYMOUTH STATE COLLEGES. 

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

103 : 1 The State Colleges. Amend RSA 187 : 4-b as mserted by 1963, 
303 : 1 by striking out said section and inserting in place thereof the 
following : 

187: 4-b Purposes. Each said state college shall become a multipur- 
pose college by expanding the current programs to provide instruction in 



84 Chapter 104 [1971 

the liberal arts and sciences and in selected applied fields to better serve 
the needs in its respective area of location. Each state college shall continue 
to provide special instruction in teacher training. Procedures for integrat- 
ing the various functions of these colleges into the university system shall 
be developed by the board of trustees as the need for integration and 
coordination arises. Each college shall be subject to all statutory regula- 
tions governing said university of New Hampshire. Keene state college and 
Plymouth state college are hereby empowered to offer two-year programs 
and to award the degree of associate in arts or associate in science to those 
who successfully complete such programs. 

103 : 2 Effective Date. This act shall take effect upon its passage. 

[Approved May 5, 1971.] 

[Effective date May 5, 1971.] 



CHAPTER 104. 



AN ACT TO REPEAL CERTAIN STATUTES RELATIVE TO THE WIDTH OF 
RIMS OF WAGON WHEELS AND TO CHAINING WHEELS ON HILLS. 

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

104: 1 Repeal. RSA 250 : 22 through 25 inclusive, relative to the width 
of rims of wagon wheels and to chaining wheels on hills, are hereby 
repealed. 

104 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 

[Effective date July 4, 1971.] 



CHAPTER 105. 



JOINT RESOLUTION RELATIVE TO RETIREMENT CREDIT FOR 
HERBERT R. HAGSTROM. 

Whereas, Herbert R. Hagstrom had been a member of the teachers' 
retirement system for twenty-three years prior to July 1, 1954 when he 
became an employee of the department of education, and 

Whereas, at that time he failed to exercise his option to make a pay- 
ment to the state employees' retirement system in accordance with the pro- 
visions of RSA 100:21-27, which payment would have entitled him to 
receive full credit for his prior service under the teachers' retirement 
system, now therefore be it 

Resolved by the Senate and House of Representatives in General Court 
convened: 

That notwithstanding any provisions of RSA 100, 100-A, and 192, the 
widow of Herbert R. Hngstrom shall be entitled to receive benefits result- 
ing from his membership in the New Hampshire retirement system cal- 



1971] Chapter 106 85 

culated to allow credit for all his sei-vice as a teacher prior to July 1, 1954 
upon payment of four thousand three hundred sixty-five dollars by his 
widow and payment of fifty-six hundred dollars by the Portsmouth school 
district to the New Hampshire retirement system ; provided however that 
the Portsmouth school board, prior to making its decision on whether or 
not to make said payment into the retirement system, shall hold a public 
hearing. 

[Approved May 5, 1971.] 



CHAPTER 106. 



AN ACT MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE EXPENSES 
OF THE DEPARTMENT OF HEALTH AND WELFARE, INDUSTRIAL 
SCHOOL, AND THE STATE PRISON FOR THE FISCAL YEAR ENDING 

JUNE 30, 1971. 

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

106: 1 Appropriations. The sums hereinafter detailed in section 2 of 
this act are hereby appropriated to be paid out of the treasury of the state 
for the purpose specified for the departments named, by section 2 of the 
act for the fiscal year ending June 30, 1971. Said appropriations are in 
addition to any other appropriations made for said fiscal year for any of 
said departments. 

106:2 Detailed Appropriation. 

Department of health and welfare: 
Division of Welfare: 
Old age assistance: 

State's share $ 49,955 

Towns and counties $ 78 943 

Less estimated revenue 78,943 



Net appropriation 

Federal $186,875 

Less estimated revenue 186,875 



Net appropriation 
Old age assistance — aliens: 

Towns and counties* $ 9,714 

Less estimated revenue 9,714 



Net appropriation 
Federal $14,082 

Less estimated revenue 14,082 



Net appropriation 

* For the fiscal year ending June 30, 1971, the share which a county or 
town must reimburse the state for old age assistance to aliens for which 
such county or town is liable shall be one hundred percent of the non- 



86 Chapter 106 [1971 

federal share thereof. Provisions of the law inconsistent with the provi- 
sions hereof are hereby suspended until June 30, 1971. 
Aid to permanently and totally dis- 
abled : 

State's share $ 5,904 

Towns and counties* $ 35,505 

Less estimated revenue 35,505 



Net appropriation 

Federal $ 60,033 

Less estimated revenue 60,033 



Net appropriation 

* For the fiscal year ending June 30, 1971, the share which a county or 
town must reimburse the state for aid to the totally and permanently 
disabled persons for which such county or town is liable shall be thirty-five 
percent. Provisions of the law inconsistent with the provision hereof are 
hereby suspended until June 30, 1971. 

Aid to families with dependent chil- 
dren: 

State's share 

Grants $ 39,469 

Income disregard 76,376 



Net appropriation 
Federal 
Grants 
Income disregard 


$ 57,221 
110,726 


$115,845 


Total 

Less estimated revenue 


$167,947 
167,947 




Net appropriation 
Medical care and services: 
Categorically needy 
Medically needy 


$216,449 
31,488 





Total 

Less local share 

Less federal share 


$247,937 

14,242 

146,729 




Net appropriation 
Administration : 

Operational costs (Title XIX) 




$ 86,966 
75,683 


Total division of welfare 

Less transfer re: administration 

from federal grants 


$334,353 

37,841 



Net appropriation for 

division of welfare $296,512 



1971] 



Chapter 106 



m^ 



Division of mental health: 
Laconia state school: 
Operation of plant: 

Current expense $ 12,662 

New Hampshire hospital: 
Operation of plant: 

Current expense $106,909 

Total division of mental health $119,571 

Total department of health 
and welfare 
Industrial school: 
Custodial care: 
Personal services 

Other $ 7,000 

Operation of plant: 

Current expenses 10,000 

Maintenance of plant: 

Current expenses 2,000 

Net appropriation 
State prison: 
Custodial care: 

Other personal services $ 10,971 

Current expenses* 26,000 

Total custodial care $ 36,971 

Less estimated revenue 4,500 



$416,083 



$ 19,000 



Net appropriation $ 32,471 

*In this appropriation $4500 shall be for products used from the institu- 
tion's farm and no part of this amount shall be transferred or expended 
for any other purpose. The institution's farm shall receive credit for all 
products used even though in excess of $4500. 

Total appropriation $467,554 



106: 3 Elimination of Welfare Footnote. Amend Laws of 1969, 368: 4 
under the appropriation for the department of health and welfare, division 
of welfare, aid to families with dependent children, state's share by striking 
out the asterisk after the lines reading "Income disregard", "Day care", 
and "Foster care". Further amend said section by striking out the footnote 
after the appropriation for aid to families with dependent children which 
reads as follows: "*This appropriation shall not be transferred or expended 
for any other purpose." 

106: 4 EfTective Date. This act shall take effect upon its passage. 

[Approved May 5, 1971.] 

[Effective date May 5, 1971.] 



88 Chapter 107 01971 

CHAPTER 107. 

AN ACT REPEALING THE STATUTE PERMITTING TIME TRIALS OF MOTOR 
VEHICLES IN ROLLINS STATE PARK. 

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

107:1 Permission of Time Trials Repealed. RSA 263: 59-a (supp) 
permitting time trials in Rollins State Park is hereby repealed. 

107:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



CHAPTER 108. 



AN ACT RELATIVE TO UNIFORMED POLICE OFFICERS IN ATTENDANCE AT 
PUBLIC DANCES, CARNIVALS AND CIRCUSES. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
, Court convened: 

108:1 Attendance by Uniformed Police Officers. Amend RSA 105:9 
by striking out said section and inserting in place thereof the following: 

105 : 9 Public Dances, Carnivals, Circuses. The mayor of any city and 
the selectmen of any tovi^n upon application of any person or persons 
desiring to conduct a public dance, carnival or circus, shall detail one or 
more police ofRcers to attend the same, whose services shall be paid for 
by the applicant. No person or persons shall conduct such public dance, 
carnival or circus unless one or more police officers are in attendance. 
Whoever violates the provisions of this section shall be fined not less than 
twenty-five dollars nor more than one hundred fifty dollars. 

108: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[EflTective date July 4, 1971.] 



CHAPTER 109. 



AN ACT PROVIDING THAT EXPERTS INVOLVED IN TESTS UNDER IMPLIED 

CONSENT STATUTE ARE NOT REQUIRED FOR COURT TESTIMONY 

UNLESS PRIOR NOTICE IS GIVEN. 

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

109: 1 Official Record or Conclusive Evidence. Amend RSA 262-A by 
inserting after section 69-j the following new section: 



1971] Chapter 110 89 

262-A : 69-k [New] Official Record of Test. Any person, who is 
arraigned on a charge arising under RSA 262-A: 69-a, shall file notice in 
said court, within five days immediately following the receipt by said 
person of the results of any blood alcohol test administered to him, 
requiring the attendance of the person who took the sample for said test 
or of the person who conducted said test, or both. Failure to file notice shall 
be deemed a waiver to require their attendance at the trial, and the official 
report of said test issued pursuant to RSA 262-A : 69-a shall be deemed 
conclusive evidence of the conduct and results of said test. 

109: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 5, 1971.] 
[Effective date July 4, 1971.] 



CHAPTER 110. 



JOINT RESOLUTION MAKING A SUPPLEMENTARY APPROPRIATION FOR 
THE LIQUOR COMMISSION FOR FISCAL YEAR 1970-71. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

There is hereby appropriated to the liquor commission for fiscal 1970-71 
in addition to any other funds appropriated therefor the sum of one 
hundred three thousand, four hundred seventy dollars allocated as follov/s: 
Forty-four thousand dollars for stores operation, current expenses; fifty- 
seven thousand, two hundred forty dollars for stores operation, other 
personal services ; and two thousand, two hundred thirty dollars for ware- 
house, other personal services. The governor is authorized to draw his 
warrant for said sum out of any money in the treasury not otherwise 
appropriated. 

[Approved May 5, 1971.] 



CHAPTER 111. 



AN ACT ESTABLISHING AN INTERIM COMMISSION TO STUDY 
FLOOD PLAINS. 

Be it Enacted by the Senate and Hov^e of Representatives in General 
Court convened: 

111:1 Commission Established. There is hereby established a com- 
mission to study the flood plains of the state which study shall include a 
survey to determine which lands of the state are most susceptible to 
submersion and, therefore, in need of protection. The commission shall 
be composed of three members of the house appointed by the speaker, 
three members of the senate appointed by the president, and three 
members of the general public appointed by the governor. It shall be 
the duty of the commission to make a study of the laws presently in 
effect relating to the protection and use of flood plains and to make 



90 Chapter 112 [1971 

recommendations for changes in those laws to make them better serve 
the interests of the citizens of the state; and, if necessary, to propose 
new legislation designed to protect or regulate the use of such flood plains. 
The commission shall hold at least three public hearings where interested 
citizens shall be afforded an opportunity to be heard. Notice of the 
time, place and subject of any such hearing shall be advertised as the 
committee shall determine. The various departments, boards, commissions, 
institutions and agencies of the state shall cooperate with the commission 
in the performance of its duties. The commission shall make a report of 
its findings to the governor, the speaker of the house and the president 
of the senate within fourteen days after the convening of the 1973 
session of the general court. 

111:2 Effective Date. This act shall take effect July 1, 1971. 
[Enacted in accordance with Article 44, Pt. II of N.H. Constitution, 
without signature of Governor.] 

[Effective date July 1, 1971.] 



CHAPTER 112. 

AN ACT RELATIVE TO BAIL COMMISSIONERS. 

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

112:1 Fees Increased. Amend RSA 597:20 (supp) as amended by 
1965, 195: 1 and 1969, 215: 1 by striking out said section and inserting in 
place thereof the f ollowing- : 

597 : 20 Fees. The bail commissioners in such cases shall be entitled 
to a fee of four dollars when called between the hours of nine o'clock 
in the morning and five o'clock at night, Monday through Friday; and a 
fee of six dollars when called at any other time. In jurisdictions where 
the bail commissioner is a full-time salaried police officer, constable, 
sheriff, deputy sheriff, state police employee, or anyone else authorized 
to execute police powers, the fee collected shall be remitted to the town 
or city in which the municipal or district court is situated. 

112:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 12, 1971.] 
[Effective date July 11, 1971.] 



CHAPTER 11.3. 

AN ACT RELATIVE TO THE HIGHWAY OPERATION OF FARM VEHICLES. 

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

113:1 Twenty Mile Radius. Amend RSA 262:1, V as amended by 
1957, 235: 1 by striking out in line nine the word "ten" and inserting in 



1971] Chapter 114 91 

place thereof the word (twenty) so that said paragraph as amended shall 
read as follows: 

V. For each road oiler or bituminous distributor the fee shall be 
seventy-five dollars. For each tractor used for agricultural purposes only, 
each vehicle of the tractor type used for agricultural purposes only 
and used to draw another vehicle in such a way that a part of the load 
is carried on such towing vehicle, each tractor used for power purposes 
only that does not haul loads on the public highways except as herein- 
before provided for tractor type vehicles, two dollars. Each commercial 
vehicle or truck used for agricultural purposes only and used on the public 
highways within a radius of twenty miles from the main entrance of the 
farm upon which said vehicle is operated, or used to transport animals 
and agricultural products to agricultural fairs and exhibits for exhibition 
puiTDOses only, two dollars, provided that such vehicle under such limited 
registration shall not be used for the purpose of transporting products for 
sale or for hire. For each farm truck or combination of motor truck type 
tractor and semi-trailer of a total weight, determined as provided in 
paragraph IV of this section, used only for the transportation of agricul- 
tural products produced on, and meant to be used in connection with the 
operation of, a farm or farms owned, operated or occupied by the regis- 
trant, the fee shall be twenty-five dollars, for the first sixteen thousand 
pounds, and at the same rates set forth in paragraph IV of this section 
for any additional weight above sixteen thousand pounds, and for each 
additional or extra semi-trailer used in connection with a motor truck 
type tractor registered for farm purposes twenty-five dollars, provided 
that a farm truck or combination truck-tractor and semi-trailer so 
registered shall not be used for the transportation of wood and lumber for 
sale other than from such farms on which the production of wood and 
lumber is incidental to other farm operations, nor shall such trucks be 
used for the retail delivery of milk. In the event that a farm truck 
registered under the twenty-five dollar fee as hereinbefore pro\aded is 
thereafter registered for general use during the same registration year 
such fee shall be applied toward the fee for such general registration. 

113:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 12, 1971.] 
[Effective date July 11, 1971.] 



CHAPTER 114. 



AX ACT AMENDING THE LIQUIDITY PROVISIONS APPLICABLE TO BUILDING 

AND LOAN ASSOCIATIONS, COOPERATIVE BANKS OR SAVINGS 

AND LOAN ASSOCIATIONS. 

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

114: 1 Liquidity. Amend RSA 393: 42 by striking out said section and 
inserting in place thereof the following: 

393: 42 Liquidity. Building and loan associations, cooperative banks 
or savings and loan associations shall maintain a reserve of not less than 
five percent of the amount of their share capital in cash, including balances 
in other banks, and/or public funds of the United States at par value 



92 Chapter 115 [1971 

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. 

114: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 12, 1971.] 
[EflTective date July 11, 1971.] 



CHAPTER 115. 



AN ACT RELATIVE TO REPORTING OF FIRES TO THE STATE 
FIRE MARSHAL'S OFFICE. 

Be it Enacted by the Senate and House of Representatives in General 
Court conve7ied: 

115:1 Report Limit Increased. Amend RSA 153:11 as amended by 
1957, 59 : 1 and 1959, 12:1 by striking out said section and inserting in 
place thereof the following : 

153: 11 Report of Causes and Origins of all Fires. Every fire occur- 
ring in this state shall be reported in writing to the state fire marshal 
within ten days after the occurrence of the same by the appropriate 
associate advisor and shall be in the form prescribed by the board and 
shall contain a statement of all facts relating to the cause and origin of 
such fire, so far as is possible, the extent of damage thereof and the 
insurance upon such property, and such other information as may be 
required. Fires resulting in losses of under fifteen hundred dollars need 
not be reported. The board shall cause to be prepared necessary instruc- 
tional data for the associate advisors and sufficient forms for their use in 
the reports required hereby and cause them to be printed and sent to 
each associate advisor. When the cause, origin and circumstances of any 
fire occurring in any city, town, village district or precinct in this state 
indicates that such fire was the result of design, or of suspicious origin 
the associate advisor shall immediately notify the chief of police and the 
county attorney. 

115:2 — Insurance. Amend RSA 153:13 as amended by 1957, 
225: 1 by striking out said section and inserting in place thereof the 
following : 

153: 13 Reports of Insurance Companies. Every fire insurance com- 
pany transacting business in this state is hereby required to file with 
the board through a recognized bureau or organization of companies or 
through the secretary or other officer of the insurance company, a 
monthly report of fire losses showing the name of the assured, designating 
the class of occupancy, location of the property burned and probable 
causes of fire. Losses under fifteen hundred dollars need not be included 
in such reports. In the case of a fire of suspicious origin a preliminary 
report shall be made immediately through such bureau or association of 
companies or through some officer of the insurance company, showing the 
name of the assured, the date of the fire, location, occupancy, and such 
facts and circumstances as shall come to their knowledge and tending to 
establish the cause or origin of the fire. 



1971] Chapter 116 93 

115:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 12, 1971.] 
[Effective date July 11, 1971.] 



CHAPTER 116. 



AN ACT RELATIVE TO EXCHANGE OF EMPLOYEES WITH THE FEDERAL 
GOVERNMENT IN CERTAIN CASES. 

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

116: 1 Exception for Assignment under Intergovernmental Personnel 
Act. Amend RSA 98-B: 3 (supp) as inserted by 1965, 231: 1 by striking 
out the same and inserting in place thereof the following: 

98-B : 3 Authority to Interchange Employees. Any department, 
agency, or instrumentality of the state is authorized to participate in a 
program of interchange of employees with departments, agencies, or 
instrumentahties of the federal government or another state, as a sending 
or receiving agency. Except as to employees assigned under title IV of the 
Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as 
may be from time to time amended, the period of individual assignment 
or detail under an exchange program shall not exceed twelve months, nor 
shall any person be assigned or detailed for more than twelve months 
during any thirty-six month period. Details relating to any matter 
covered in this act may be the subject of an agreement between the 
sending and receiving agencies. Elected officials shall not be assigned from 
a sending agency nor detailed to a receiving agency. 

116 : 2 Intergovernmental Personnel Assignment Act Agreements. 

Amend RSA 98-B: 6 (supp) as inserted by 1965, 231: 1 by inserting after 
paragraph IV the following new paragraph : 

V. The provisions of paragraphs I through IV of this section shall not 
apply to any employee assigned to or from the federal government under 
the terms of title IV of the Intergovernmental Personnel Act of 1970, 
5 U.S.C. sections 3371-3376 as may be from time to time amended. The 
assignment of such an employee shall be governed by the terms of the 
intergovernmental personnel assignment agreement under which the 
employee is assigned. 

116:3 Effective Date. This act shall take effect upon its passage. 

[Approved May 12, 1971.] 

[Effective date May 12, 1971.] 



m Chapter 117 [1971 

iv CHAPTER 117. 

AN ACT PROHIBITING THE USE OF MOTOR BOATS ON MIRROR LAKE 

IN WOODSTOCK. 

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

117: 1 Motor Boats Prohibited. Amend RSA 486 by inserting after 
section 10 the following new section : 

486: 11 [New] Mirror Lake. On and after the effective date of the 
passage of this act, no pei'son shall use or operate any motor boat or 
any boat equipped with an outboard motor upon the waters of Mirror Lake 
in the town of Woodstock. Whoever violates the provisions of this 
section shall be fined not more than fifty dollars. 

117:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 12, 1971.] 
[Effective date July 11, 1971.] 



CHAPTER 118. 



AN ACT LEGALIZING CERTAIN TOWN MEETINGS IN THE TOWN 

OF WINDHAM. 

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

118: 1 Town Meetings Legalized. All the acts, votes and proceedings, 
including but not being limited to adoption of zoning ordinances and a 
building code and amendments to each, taken at regular and special town 
meetings held in the town of Windham on September 18, 1959; March 9, 
1960; March 14, 1962; March 10, 1964; and May 23, 1967 are hereby 
legalized, ratified and confirmed. 

118:2 Effective Date. This act shall take effect upon its passage. 

[Approved May 12, 1971.] 

[Effective date May 12, 1971.] 



CHAPTER 119. 



AN ACT PROVIDING FOR COUNTY CONTRIBUTIONS TO TUITION PAID FOR 
EDUCATION OF HANDICAPPED CHILDREN IN CHESHIRE COUNTY. 

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

119: 1 Cheshire County. Amend RSA 186-A: 8 (supp) as inserted by 
1965, 378 : 1 and amended by 1967, 351 : 1 and 1969, 470 : 4 by striking out 
said section and inserting in place thereof the following: 

186-A: 8 Tuition of Handicapped Children. Whenever any handi- 
capped child shall attend, with the approval of the state board of education, 



1971] Chapter 120 95 

any public or private school, situated within or outside of this state, which . 
offers special instruction for the training or education of handicapped 
children and which has been approved for such training by the state 
board of education, the school district where such handicapped child 
resides is hereby authorized and empowered and may appropriate and pay 
a portion of the cost of such education in the manner and up to the 
amounts as provided by RSA 193 : 4 and 194 : 27, provided that in Cheshire 
county, upon request of such a school district, and upon approval by the 
county convention, the county may raise and appropriate funds to pay 
a portion of such costs for special education under this section. The state 
board of education shall assign pupils to approved schools for handicapped 
children. Schooling for deaf children may commence at the age of four. 
The school district in which each such pupil resides shall be hable for 
tuition of said child in the same manner and amount as specified in RSA 
193 : 4 and 194 : 27. A school district may pay tuition at a rate higher than 
the amount specified in RSA 193:4 and 194:27, when in the judgment 
of the school board the circumstances warrant it. 

119:2 Effective Date. This act shall take effect upon its passage. 

[Approved May 13, 1971.] 

[Effective date May 13, 1971.] 



CHAPTER 120. 



AN ACT PROVIDING THAT THE REREGISTRATION OF VOTERS BE POST- 
PONED UNTIL 1973 AND ESTABLISHING A COMMITTEE TO STUDY 
AND REPORT ON THE FORM OF CHECKLISTS. 

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

120:1 Reregistration of Voters. Amend RSA 69:26-a, I (supp) as 
inserted by 1969, 263: 1 by striking out said section and inserting in 
place thereof the following : 

I. In addition to any verification procedure carried out under the 
provisions of the foregoing section, the supervisors shall verify the check- 
list in 1973 and 1981 and once every ten years thereafter. 

120:2 Committee Established. There is hereby estabhshed a com- 
mittee to study the laws relative to checklists and reregistration proce- 
dures and to make recommendations for changes thereto. The committee 
shall consist of fifteen members; ten members shall be or shall have been 
election officials in the state of New Hampshire and shall be appointed 
by the governor; two members shall be mem.bers of the senate and shall 
be appointed by the president, and three members of the house and shall 
be appointed by the speaker. The committee shall elect a chairman, vice 
chairman and clerk from its members. They shall hold public hearings in 
the course of their study to receive testimony and information as often 
and wherever they see fit. They shall report to the general court on or 
before January 15, 1973, with their recommendations, including any 
proposed legislation for re\ising the laws concerning the checklist. Mem- 
bers of the committee shall serve without compensation but when engaged 
in the business of the committee, shall be entitled to the same mileage as 
state employees. The governor is authorized to draw his warrant for the 



96 Chapter 121 [1971 

pa5niient of such mileage out of any money in the treasury not otherwise 
appropriated provided the total amount so appropriated under the provi- 
sions hereof shall not exceed three thousand dollars. 

120 : 3 Effective Date. This act shall take effect upon its passage. 

[Approved May 13, 1971.] 

[Effective date May 13, 1971.] 



CHAPTER 121. 



AN ACT AUTHORIZING THE WATER RESOURCES BOARD TO CONTROL THE 

RELEASE OR WITHHOLDING OF STORED WATER IF NECESSARY 

FOR THE PUBLIC HEALTH OR SAFETY. 

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

121 : 1 Water Resources Board Empowered to Direct Changes. Amend 
RSA 484 : 1 by striking out said section and inserting in place thereof the 
following : 

484 : 1 Investigation of Levels of Inland Waters. The water resources 
board may, upon its own motion or at the request of the attorney-general 
or. upon complaint of not less than ten owners of property on any inland 
public water in the state, make a preliminary investigation of conditions 
affecting the use and enjoyment of any such public water, whenever it 
shall be of the opinion that such investigation would be in the public 
interest. If, as a result of any such preliminary investigation, it shall 
appear to the board that the management and control of any outlet of 
any such public water and the instrumentalities connected therewith are 
carried on or used in such manner that the value of shore property above 
or riparian rights below such outlet or the enjoyment of such water by 
the public is seriously and adversely affected, it may make further investi- 
gation with a view to ascertaining the respective rights of all interested 
parties, including the public. If, as a result of such further investigation 
after public hearing the board shall be of the opinion that such manage- 
ment and control is lawful, but that changes in the manner of the exercise 
of the right of management and control would be of benefit to others 
without undue injury to the owner of the outlet, it shall direct such 
changes as in its opinion would be of benefit to the public and private 
interests concerned. 

121:2 Water Resources Board. Amend RSA 482:2 by striking out 
in line twenty-one the words "it may recommend" and inserting in place 
thereof the words (it shall direct) so that said section as amended shall 
read as follows: 

482: 2 Investigation of High and Low Levels. The water resources 
board is authorized to make such investigations as in its opinion the 
public good requires, with respect to high or low water levels in the 
inland public waters of the state, and the rights, instrumentalities and 
practices whereby such levels are affected or controlled, with a view to 



1971J Chapter 122 97 

the exercise of such control thereof, in a manner consistent with public 
and private rights and interests, as will best promote the public health 
and safety and the enjoyment and value of such public waters. In such 
cases as the board may deem expedient it may ascertain the extent to 
which owners and managers of dams take into consideration variations 
of run-off and plan for and anticipate emergencies. Owners of dams at 
the reasonable request of the board shall make available to the board 
such records of water levels and flow of inland public waters as are made 
and kept by such owners to assist the board in knowing the remaining 
storage capacity of reservoirs, whether created by dams or otherwise, 
and to gauge the flow of streams. From time to time the board may 
call to conference owners of dams for the purpose of obtaining co-operation 
in the regulation of stream flow to minimize damage to public and private 
property at times of high water. Whenever in the opinion of the board 
an emergency exists or is threatened whereby the public health or safety 
may be jeopardized by the release or withholding of stored waters, it 
shall direct such action by the owner or manager of a dam with respect 
to the release or withholding of water as it may deem necessary in the 
public interest. 

121 : 3 Effective Date. This act shall take eflfect sixty days after its 
passage. 

[Approved May 13, 1971.] 
[Eflfective date July 12, 1971.J 



CHAPTER 122. 



AN ACT TO PERMIT A LICENSEE FORTY-EIGHT HOURS TO PRESENT 

LICENSE AND REGISTRATION TO LAW ENFORCEMENT OFFICIALS 

AFTER A LAWFUL REQUEST THEREFOR. 

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

122: 1 Grace Period. Amend RSA 261 by inserting after section 23 

the following new section : 

261 : 23-a [New] Examination of Certificates and Licenses. No per- 
son charged with a violation of RSA 261 : 23 shall be convicted if, within 
a period of forty-eight hours, he produces in the ofiice of the arresting 
oflicer evidence that he held a valid license and/or registration which was 
in effect at the time of his arrest. 

122 : 2 Effective Date. This act shall take effect after its passage. 

[Approved May 13, 1971.] 
[Effective date July 12, 1971.] 



98 Chapter 123 [1971 

CHAPTER 123. 

AN ACT RELATIVE TO THE ESTABLISHMENT OF THE POSITION AND 

SALARY OF THE ASSOCIATE JUSTICE AND DEPUTY CLERK OF THE 

NASHUA DISTRICT COURT. 

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

123:1 Associate Justice. Amend RSA 502-A:3-a (supp) as inserted 
by 1969, 124: 1 by striking out said section and inserting in place thereof 
the following: 

502-A : 3-a [New] Associate Justice, Manchester and Nashua District 
Courts. The Manchester District Court and the Nashua District Court in 
addition to the justice shall each have a full-time associate justice ap- 
pointed and commissioned by the governor, with advice and consent of the 
council, as prescribed by the constitution who shall have the same qualifica- 
tions and powers as prescribed for the justice. 

123: 2 Salary, Associate Justice. Amend RSA 502-A: 6, I-a (supp) as 
inserted by 1969, 124 : 3 and amended by 1970, 14 : 2 by striking out the 
same and inserting in place thereof the following, so that said paragraph as 
amended shall read as follows: 

I-a. Salary of Associate Justice, Manchester and Nashua District 
Courts. The annual salary of the associate justices of the Manchester 
District Court and the Nashua District Court shall each be an amount one 
thousand dollars less than the amount paid the justice thereof as provided 
in paragraph I. 

123:3 Deputy Clerk. Amend RSA 502-A :7-a (supp) as inserted by 
1969, 124 : 2 by striking out the same and inserting in place thereof the 
following, so that said section as amended shall read as follows : 

502-A: 7-a [New] Deputy Clerk, Manchester and the Nashua District 
Courts. The Manchester District Court and the Nashua District Court 
shall each have a deputy clerk of court appointed by the justice thereof, 
who shall hold office during the pleasure of the justice appointing him. He 
shall have the qualifications, powers and duties as prescribed for clerks of 
district courts. 

123:4 Salary of Deputy Clerk. Amend RSA 502-A: 6, IV (supp) as 
inserted by 1969, 124 : 4 by striking out the same and inserting in place 
thereof the following, so that said paragraph as amended shall read as 
follows : 

IV. Salary of Deputy Clerk, Manchester and the Nashua District 
Courts. The annual salary of the deputy clerks of the Manchester District 
Court and the Nashua District Court shall each be in an amount equal to 
sixty percent of the salary paid the associate justice thereof, as provided 
in paragraph I-a. 

123: 5 Effective Date. This act shall take effect July 1, 1972. 

[Approved May 17, 1971.] 

[Effective date July 1, 1972.] 



1971] Chapter 124 99 

CHAPTER 124. 

AN ACT ESTABLISHING A STUDY COMMITTEE TO REPORT ON THE 
FEASIBILITY OF MAKING AVAILABLE STATE OWNED RECREA- 
TIONAL AREAS TO DISADVANTAGED NEW HAMPSHIRE 
RESIDENTS. 

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

124:1 State Owned Recreational Areas Study Committee. A state 
owned recreational areas study committee composed of seven members, 
three from the department of health and welfare, two from the division of 
state parks and two from the cooperative extension service, is hereby 
established to examine and make recommendations relative to the feasi- 
bility of utilizing the Bear Hill camp area and the Spruce Pond camp area 
located in the Bear Brook state park for exceptional or disadvantaged citi- 
zens of New Hampshire. The committee shall be appointed as follows: 
Three members from the department of health and welfare by the director 
of health and welfare, two members from the division of state parks by the 
director of state parks and two members from the cooperative extension 
service by the director of the cooperative extension service. The members 
shall not be entitled to any salary, but are entitled to reimbursement for 
mileage and expenses incurred in carrying out their duties under this act. 

124:2 Duties. The committee shall study among other things: (1) 
The availability of the Bear Hill and Spruce Pond camp areas for use other 
than by members of the 4-H clubs and (2) the feasibility of utilizing these 
areas for the exceptional or disadvantaged citizens of the state. 

124:3 Report and Recommendations. The committee shall submit a 
report no later than January fifteenth to the 1973 session of the legisla- 
ture. 

124 : 4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Enacted in accordance with Article 44, Pt. H of N.H. Constitution, with- 
out signature of Governor, May 18, 1971.] 

[Effective date July 17, 1971.] 



CHAPTER 125. 



AN ACT PROVIDING THAT THE DESIGNEE OF THE SPEAKER OF THE HOUSE 
OR THE PRESIDENT MAY SIGN BILLS. 

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

125: 1 Presentation of Bills. Amend RSA 14: 9 (supp) as amended by 
1969, 32: 2 by striking out said section and inserting in place thereof the 
following : 

14: 9 Presentation for Approval. After any bill or joint resolution has 
been enrolled and approved, as provided by section 8, and signed by the 
speaker of the house, or his designee, and by the president of the senate, or 
his designee, it shall be presented by the secretary of state to the governor 



100 Chapter 126 [1971 

for his approval, and the secretary shall note thereon the day and hour of 
presentation for approval, and shall make a similar entry in the records of 
his office. No designee shall sign a bill under the authority of this section 
unless his name has been filed by the speaker of the house or president of 
the senate with the secretary of state prior to such signing. 

125:2 Effective Date. This act shall take effect upon its passage. 

[Approved May 19, 1971.] 

[Effective date May 19, 1971.] 



CHAPTER 126. 



AN ACT AUTHORIZING LAW ENFORCEMENT OFFICERS TO REQUIRE 
WEIGHING OF MOTOR VEHICLES. 

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

126:1 Weighing Required. Amend RSA 263 by inserting after sec- 
tion 69 the following new section : 

263 : 69-a [New] Weighing of Vehicles. Any law enforcement officer 
may, if he has reason to believe that a motor vehicle is overloaded, require 
the operator to stop and submit to a weighing of said motor vehicle by 
means of either portable or stationary scales. If such scales are not availa- 
ble at the place where the stopping occurs, the law enforcement officer may 
require the operator to drive said motor vehicle to the nearest public scales, 
provided the distance to the public scales does not exceed ten miles. 

126: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 20, 1971.] 
[Effective date July 19, 1971.] 



CHAPTER 127. 

AN ACT RELATIVE TO LOCAL PARKING ORDINANCES. 

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

127:1 Local Ordinances. Amend RSA 262-A by inserting after sec- 
tion 71 the following new section : 

262-A: 71-a [New] Local Ordinances not Superseded. The provi- 
sions of RSA 262-A : 71 shall not supersede the provisions of any local 
ordinance which has been adopted to regulate parking in restricted areas 
in the compact part of any city or town. 

127:2 Effective Date. This act shall take effect upon its passage. 

[Approved May 20, 1971.] 

[Effective date May 20, 1971.] 



1971] Chapter 128 101 

CHAPTER 128. 

AN ACT LIMITING THE PROVISIONS OF THE NEW HAMPSHIRE LITTLE 

DAVIS-BACON ACT TO CERTAIN PROJECTS AND EQUATING THE SAME 

WITH THE FEDERAL ACT. 

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

128 : 1 Limiting Application to Contracts Over Five Hundred Thousand 
Dollars. Amend RSA 280: 1 as amended by 1957, 187: 15; 1963, 286: 1 
and 1965, 287: 1 by striking out the same and inserting in place thereof 
the following: 

280 : 1 Regulation by Labor Commissioner of Contracts of Over Five 
Hundred Thousand Dollars. The advertised specifications for every con- 
tract in excess of five hundred thousand dollars for the construction of 
public works by the state of New Hampshire, or by a county, municipality 
or district established by law which requires or involves the employment of 
mechanics, teamsters, chauflfeurs and laborers shall contain a provision 
stating the minimum wages to be paid various classes of said employees 
which shall be based upon wages that will be determined by the labor com- 
missioner to be prevailing for the corresponding classes of mechanics, 
teamsters, chauffeurs and laborers employed on projects of a character 
similar to the contract work in the city, town, village or other civil sub- 
division in which the work is to be performed and every contract based 
upon these specifications shall contain a stipulation that the contractor or 
his subcontractor shall pay hourly wages which are no less than the various 
rates so established during the life of the contract. This section shall also 
apply to regular employees of the state when such employees are employed 
in the construction, addition to, or alteration of said works for which 
special appropriations are provided. Payments by employers to health, 
welfare, pension, and/or other plans under collective bargaining agree- 
ments or understandings between organized labor and employers shall be 
included for the purpose of establishing prevailing wage rates as herein 
prescribed. 

128:2 Determination. Amend RSA 280: 2 as amended by 1963, 286: 2 
and 1965, 287 : 2 by striking out the same and inserting in place thereof 
the following: 

280 : 2 Determination of Wages. The commissioner shall prepare, for 
the use of such public officials or public bodies whose duty it shall be to 
cause public works to be constructed, a list of the several classifications 
usually used on various types of public works upon which mechanics, 
teamsters, chauffeurs, and laborers are employed. The commissioner may 
revise such classifications from time to time as he may deem advisable. At 
least ten days before asking for bids the authorized officials or agency pre- 
scribing specifications shall request the labor commissioner to determine 
the minimum wage rates as provided in RSA 280 : 1. The labor commis- 
sioner shall immediately determine the minimum wage rates to be paid in 
said area, and shall so notify any organization of employees or employers 
who shall have previously requested that such determined rates shall be 
furnished them. The labor commissioner shall also immediately furnish the 
determined minimum wage rates to any mayor, manager, or chairman of 



102 Chapter 128 [1971 

selectmen, in the area where such public works is to be constructed. In 
advertising or calling for bids for said works, when the awarding official, or 
public body, incorporates said schedule in the advertisement or call for bids 
by an appropriate reference thereto, he shall also furnish a copy of said 
schedule, without cost, to any person requesting the same. Any persons 
engaged in the construction of said works shall cause a legible copy of 
said schedule to be kept posted in a conspicuous place at the site of said 
works during the life of the contract. The aforesaid rates of wages in the 
schedule of wage rates shall include payments by employers to health, 
welfare, pension or other plans as provided in the preceding section, and 
such payments shall be considered as payments to persons under this sec- 
tion performing work as herein provided. An employer who provides pay- 
ment of comparable benefits to its employees, other than as defined in the 
preceding section, may be given credit for same against determined wage 
rates by application to and authorization of the labor commissioner. Any 
employer engaged in the construction of such works who does not make 
payments to health, welfare, pension or other plans, or other comparable 
benefits recognized by the commissioner, where such payments are in- 
cluded in said determined rates of wages, shall pay the amounts of said 
payments directly to each employee engaged in said construction. 

128: 3 Members of Board Increased. Amend RSA 280: 3 as amended 
by 1955, 323 : 1 ; 1957, 187 : 15 and 199 : 1 by striking out the same and 
inserting in place thereof the following: 

280 : 3 Appeal. Within fifteen days after such wage rates shall be 
determined in accordance with the provisions of RSA 280: 1 and 2, such 
rates may be appealed by an association of employees or employers, any 
two citizens of the state, or any public awarding agency, such appeal to be 
heard before a board of five, constituted as follows: The governor and 
council shall appoint four members who are knowledgeable in matters con- 
cerning the construction industry for a term of two years each. Organized 
employers and organized employees in the construction industry shall be 
represented on said board by one member each. The fifth member of said 
board shall be appointed by the first four members, and in case all four 
cannot all agree on the fifth member within thirty days after their own 
appointment, said fifth member shall be appointed by the governor and 
council. The five members of the appeal tribunal shall be paid a fee of 
twenty dollars per day for each day of actual attendance of called meetings 
of the appeal tribunal and shall also be reimbursed for necessary travel and 
other necessary expenses. If while an appeal is pending any member of the 
appeal board, by reason of illness, absence from the state or otherwise, 
is unable to perform his duties, the governor shall appoint a person to act 
in his stead with respect to that appeal then pending. Upon the filing of an 
appeal hereunder, the appeal board shall fix a time and place for a public 
hearing thereon to be held not later than seven days after filing of the 
appeal, Saturdays, Sundays and holidays excepted; and the labor com- 
missioner shall give written notice thereof to any public awarding agencies 
concerned, and to all interested associations and organizations of employers 
and employees in the construction industry deemed by him to be affected 
by the appeal. Within forty-eight hours after adjournment of the hearing, 
the board shall submit its decision in writing to the labor commissioner 
who shall forward copies thereof to all parties deemed by him to be inter- 
ested in the appeal and affected thereby. 



1971] Chapter 129 103 

128:4 Federal Statute Controlling. Amend RS A 280 by inserting at 
the end thereof the following new section: 

280:7 [New] Applicability of Chapter. When applicable, the pro- 
visions of this chapter and wage determinations hereunder shall apply only 
to the same extent and in the same manner as the Davis-Bacon Act, P.L, 
403 of the 74th Congress, as it presently exists or is later amended or 
otherwise affected by executive order. 

128: 5 Application to Existing Contracts and Invitations to Bid. The 

provisions of this act shall apply to all projects under construction or for 
.which bids have been let prior to the effective date of this act until such 
jDroject is completed. 

128: 6 Tenure of Board Members. The provisions of this act shall not 
affect the term of office of the incumbent members of the board provided 
for in RSA 280 : 3. The initial appointment of the two new members shall 
be for a term expiring on September 28, 1973. 

128: 7 Effective Date. This act shall take effect upon its passage. 

[Approved May 20, 1971.] 

[Effective date May 20, 1971.] 



CHAPTER 129. 



AN ACT APPROPRIATING FUNDS TO ASSIST THE LEBANON REGIONAL 

AIRPORT AUTHORITY. 

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

129: 1 Appropriation. In addition to any other appropriations for the 
aeronautics commission there is hereby appropriated the sum of five thou- 
sand dollars for the purpose of assisting the Lebanon Regional Airport 
Authority in costs of operation and maintenance of the Lebanon Regional 
Airport from January 1 through June 30, 1971. The governor is hereby 
authorized to draw his warrant for the additional appropriation out of any 
money in the treasury not othei'wise appropriated. 

129:2 Condition of Appropriation. Funds hereby appropriated shall 
be a charge against scheduled air carrier service fees originating at Leba- 
non Regional Airport and to be allocated to the Lebanon Regional Airi^ort 
Authority in accordance with the provisions of RSA 422 : 43 as amended by 
1969, 391. One-half of amounts available for return to the Lebanon Regional 
Airport shall be retained by the state treasurer until the sum of five thou- 
sand dollars has accumulated. This amount shall represent repayment, in 
full, of the appropriation herein provided and said funds hereby accumu- 
lated shall be transferred from the aeronautical sinking fund to the general 
fund account of the state. 

129: 3 Effective Date. This act shall take effect upon its passage. 

[Approved May 21, 1971.] 

[Effective date May 21, 1971.] 



104 Chapter 130 [1971 

CHAPTER 130. 

AN ACT RELATIVE TO THE DIRECTOR AND DEPUTY DIRECTOR OF THE 
NEW HAMPSHIRE DISTRIBUTING AGENCY. 

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

130:1 Director as a Classified Position. Amend RSA 8-A:2 (supp) 
as inserted by 1957, 284: 1 by striking out said section and inserting in 
place thereof the following : 

8-A: 2 Director. The comptroller, subject to the requirements of the 
personnel laws, shall appoint a director of the distributing agency who shall 
be the executive head of the agency and administer the affairs under the 
supervision of the comptroller. 

130 : 2 Deputy Director as a Classified Position. Amend RSA 8-A : 3 
(supp) as inserted by 1957, 284: 1 by striking out said section and inserting 
in place thereof the following : 

8-A: 3 Deputy Director. The director, subject to the requirements of 
the personnel laws, shall appoint a deputy director of the distributing 
agency who shall assist the director of the agency and perform such duties 
as the director may require. 

130:3 Elimination of Positions. Amend RSA 94:l-a (supp) as in- 
serted by 1969, 500: 12 and amended by 1970, 57: 4 by striking out where it 
appears in proper alphabetical order the following words and numerals: 

"Deputy director, New Hampshire distributing 
agency 8,882 10,785" and 

^Director, New Hampshire distributing agency 11,419 13,322". 

130:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



CHAPTER 131. 



AN ACT RELATIVE TO THE DEVELOPMENT OF SERVICES TO AID THE 
HEALTH AND WELFARE OF THE CITIZENS OF NEW HAMPSHIRE. 

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

131 : 1 Development of Services. Amend RSA 161 : 2 by inserting 
after paragraph XI the following new paragraph : 

Xn. Social Service Program^;. Develop a broad range of social and related 
services aimed at preventing dependency and family breakdown, promoting 
child development and child care, protecting vulnerable children and adults, 
enabling aged and infirmed to live in their own home rather than institu- 
tions, assisting individuals to attain and maintain self-support and 
strengthen family life, develop and operate social service programs within 
the division of welfare, receive and distribute such federal funds which 



1971] Chapter 132 105 

are allocated specifically to the state for day care for children and adults, 
purchase or contract with other agencies or individuals to provide direct 
grants from sums appropriated for such purpose to other agencies upon 
submission of appro vable plans within the objectives of this section. 

131 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



CHAPTER 132. 

AN ACT RELATIVE TO THE RABIES CONTROL LAW. 

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

132: 1 Control Authority Clarified. Amend RSA 442-A: 1, VIII as in- 
serted by 1967, 188 : 1 by striking out said paragraph and inserting in 
place thereof the following : 

VIII. "Rabies Control Authority" shall mean the town or city manager 
of the respective town or city and in the absence thereof the board of select- 
men or mayor. 

132:2 Vaccination Required. Amend RSA 442-A: 2 as inserted by 
1967, 188 : 1 by striking out said section and inserting in place thereof the 
following : 

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 vacci- 
nated within thirty days after purchase or arrival, unless under three 
months of age, as specified above. Every dog shall be revaccinated at such 
intervals and with such vaccines as the commissioner shall specify from 
time to time. In rabies infected areas, dogs recently vaccinated should be 
kept under control for at least thirty days before being allowed to run free. 

132 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



CHAPTER 133. 



AN ACT RELATIVE TO THE DESTRUCTION AND REMOVAL OF 
BOUNDARY MARKERS. 

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

133:1 Negligent Removal of Boundary Markers. Amend RSA 572 : 25 
by striking out in line five the word "twenty" and inserting in place 



106 Chapter 134 [1971 

thereof the words (one hundred) so that said section as amended shall 
read as follows : 

572 : 25 Removing Boundary. If any person shall wilfully or mali- 
ciously remove or alter any boundary of lands, or deface, alter, or remove 
any mark upon a tree or other monument made for the purpose of desig- 
nating a point, course or line in the boundary of a tract of land or in the 
dividing line between towns, he shall be fined not more than one hundred 
dollars, or imprisoned not more than six months, or both. 

133:2 Effective Date. This act shall take effect sixty days after its 
Ijassage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



CHAPTER 134. 

AN ACT CLARIFYING THE DUTIES OF THE DEPUTY ATTORNEY GENERAL. 

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

134 : 1 During Vacancy. Amend RSA 7 : 3 by inserting in line two after 
the word "cause" the words (or whenever there is a vacancy in the office) 
so that said section as amended shall read as follows: 

7 : 3 — Authority. The deputy attorney general shall act as attorney 
general whenever the latter is absent or unable to act from any cause, or 
whenever there is a vacancy in the office, provided he shall not so act 
when the governor and council have appointed an acting attorney general 
in accordance with the provisions of section 15 of this chapter. 

134: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



CHAPTER 135. 

AN ACT REGULATING THE SALE OF HYPODERMIC SYRINGES. 

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

135:1 Hypodermic Sale. Amend RSA 318 by inserting after section 
52-b the following new sections : 

318: 52-c [New] Sale of Hypodermic Syringe. Hypodermic syringes, 
needles or any instrument adapted for the administration of controlled 
drugs by injection shall not be sold except in registered drug stores. No 
person shall sell, furnish, or give to any person or persons other than a 
duly licensed physician, dentist, veterinarian, nurse, podiatrist, registered 



1971] Chapter 134 107 

pharmacist or embalmer, or a hospital, sanitarium, clinical laboratory or 
any other medical institution or a state or governmental agency, or a 
regular dealer in medical, dental or surgical supplies, or a resident phy- 
sician or interne of a hospital, sanitarium or other medical institution, an 
instrument commonly known as a hypodermic syringe, hypodermic needle 
or any instrument adapted for the administration of controlled drugs by 
injection without the written prescription of a duly licensed physician, 
dentist or veterinarian. Such prescription shall contain the name and ad- 
dress of the patient, the date of the prescription, the description of the 
instrument prescribed and the number of instruments prescribed. 

318: 52-d [New] Recording and Filling of Prescription. Every person 
who disposes of, or sells, or furnishes, or gives away a hypodermic syringe 
or a hypodermic needle or an instrument adapted for the administration of 
controlled drugs by injection, upon the written prescription of a duly 
licensed physician, dentist, or veterinarian, shall record over his signature, 
the date of the sale or furnishing of the instrument and the number of in- 
struments sold. This prescription shall be retained on file for a period of 
two years and shall be opened to inspection by any public officer or em- 
ployee engaged in the enforcement of RSA 318-B. A prescription filled in 
accordance with this section shall be sufficient authority, without the 
necessity of a renewal or reissuance, to permit subsequent sales or the 
furnishing of hypodermic syringes or hypodermic needles or instruments 
adapted for the administration of controlled drugs by injection to the 
pei^on to whom the prescription was issued for a period of six months 
from the date of its original issuance. 

318 : 52-e [New] Control or Possession of HjTJodermic or Like Instru- 
ments Without Prescription Prohibited. No person shall have under his 
control or possess a hypodermic syringe, hypodermic needle, or any instru- 
ment adapted for the administration of controlled drugs by injection, ex- 
cept a duly licensed physician, dentist, nurse, podiatrist, veterinarian, 
a registered embalmer, manufacturer or dealer in embalming supplies, 
registered pharmacist, wholesale druggist, manufacturing pharmacist, 
manufacturer of surgical instruments, official of any government having 
possession of the articles covered by this section by reason of his official 
duties, para-medical personnel acting under the direction of a physician 
or dentist, employees of a hospital, sanitarium or other licensed medical 
institution acting under the direction of its superintendent or officer in 
immediate charge, or a carrier or messenger engaged in the transporta- 
tion of such articles during the official performance of his duties, or a 
person who has received a written prescription issued under RSA 318 : 52-c. 
For the purpose of this subdivision no such prescription shall be valid 
which has been outstanding for more than six months. 

135: 2 Repeal. RSA 318: 52 as inserted by 1970, 48: 1 relative to the 
sale of hjrpodermic syringes is hereby repealed. 

135:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 21, 1971.] 

[Effective date July 20, 1971.] 



108 Chapter 136 [1971 

CHAPTER 136. 

AN ACT TO PROVIDE FOR TREATMENT OF MINORS FOR DRUG 
ABUSE WITHOUT PARENTAL CONSENT. 

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

136:1 Parental Consent. Amend RSA 318-B by inserting after sec- 
tion 12 (supp) the following new section: 

318-B: 12-a [New] Treatment for Drug Abuse. Any minor twelve 
years of age or older may voluntarily submit himself to treatment for 
drug dependency as defined in RSA 318-B: 1, IX or any problem related 
to the use of drugs at any municipal health department, state institution or 
facility, public or private hospital or clinic, any licensed physician, or other 
accredited state or local social welfare agency, without the consent of a 
parent, guardian, or any other person charged with the care or custody 
of said minor. Such parent or legal guardian shall not be liable for the 
payment for any treatment rendered pursuant to this section. The treat- 
ing facility, agency or individual shall keep records on the treatment 
given to minors as provided under this section in the usual and customary 
manner, but no reports or records or information contained therein shall be 
discoverable by the state in any criminal prosecution. No such reports or 
records shall be used for other than rehabilitation, research, or statistical 
and medical purposes, except upon the written consent of the person ex- 
amined or treated. Nothing contained herein shall be construed to mean 
that any minor of sound mind is legally incapable of consenting to medical 
treatment provided that such minor is of sufficient maturity to understand 
the nature of such treatment and the consequences thereof. 

136:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 137. 



AN ACT TO INCREASE THE DISCOUNT FOR RESIDENT PURCHASING 

SEASON SKI TICKETS. 

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

137: 1 Increased Discount. Amend RSA 227: 14 (supp) as inserted by 
1967, 352 : 2 by striking out in line one the word "twenty" and inserting 
in place thereof the word (twenty-five) so that said section as amended 
shall read as follows: 

227: 14 [New] Reduced Rates. A discount of twenty-five percent 
shall be given by the division to state residents, when certified as such by 
their respective town clerks, on all season tickets and coupon books sold 
prior to December fifteenth of each year for winter facilities at Mt. Sun- 
apee and Cannon Mountain state ski areas. 



1971] Chapter 138 109 

137:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 138. 

AN ACT REQUIRING FISHWAYS TO BE BUILT ON CERTAIN DAMS, 

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

138: 1 Construction of Dams. Amend RSA 211 : 8 by striking out said 
section and inserting in place thereof the following : 

211: 8 Obstructions. No person shall, by means of rack, screen, weir 
or other obstruction, in any stream or river, or the inlet or outlet of a 
public pond, prevent the passage of fish except as provided in RSA 211: 8-c. 

138: 2 Construction of Fishways. Amend RSA 211 by inserting after 
section 8 the following new section : 

211 : 8-a [New] Fishways at Existing Dams or Obstructions. Fish 
passage facilities shall be constructed and maintained at existing dams or 
obstructions in accordance with the following procedure : 

I. After the director of the fish and game department has made a 
determination that a fish passage facility is needed at an existing dam or 
obstruction, and upon his request, the governor, with the advice of the 
council, shall appoint a commission of three disinterested citizens of the 
state to review this determination. 

II. Said commission shall hold public hearings to determine the need and 
desirability of providing fish passage facilities over the dam or obstruction, 
and the deliberations of the commission shall include a careful consideration 
of the economic values associated with the project. Upon completion of its 
study, the commission shall report its findings to the governor and council ; 
the report shall include any recommendations for special conditions to be 
associated with the project and a recommendation for the distribution of 
cost between the owner and the state for construction and maintenance of 
the fish passage and a recommendation as to whether the owner or the 
fish and game department shall operate and maintain said fish passage 
facilities. 

III. Upon receipt of said report, the governor, with the advice of the 
council, shall determine the share of the cost of construction and the share 
of the cost of maintenance to be borne by the owner and by the state. 
The state's share shall be a charge on the fish and game fund. 

IV. The actual design and location of fish passage facilities authorized 
under this act shall be determined by the director of the fish and game 
department. 

V. The owner of the dam or obstruction at which a fish passage facility 
is constructed as provided in this section or the fish and game department, 
as determined by the governor and council shall, consistent with the nri- 
mary purpose of the dam or obstruction, operate the fish passage facility 
to allow for the passage of fish species present during the period of their 



110 Chapter 139 [1971 

normal migration as determined by the director of the fish and game de- 
partment. 

VI. Any party to the action or proceedings under this section may apply 
for a rehearing or appeal under the procedure as provided by RSA 541. 

138:3 Inspection by Director. Amend RSA 211 by inserting after 
section 8-a the following new section : 

211: 8-b [New] Inspection. The director or his representative may, 
from time to time, enter and inspect any dam or impoundment in any 
river or stream, or inlet or outlet of any pond located within the state 
of New Hampshire to insure the adequate installation, maintenance and 
operation of fish passage facilities required by section 8-a. 

138: 4 Exception. Amend RSA 211 by inserting after section 8-b the 
following new section : 

211 : 8-c [New] Federal Power Commission. The provisions of RSA 
211: 8-a shall not apply to those dams under license by the federal power 
commission. 

138:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 139. 



AN ACT RELATING TO CONSERVATION OFFICERS OF THE FISH AND GAME 

DEPARTMENT. 

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

139:1 Conservation Officers. Amend RSA 206:26 by inserting after 
paragraph X the following new paragraphs : 

XL To enforce the laws relating to snowmobiles, all terrain vehicles, tres- 
pass on posted lands, motor vehicles blocking private ways, vandalism and 
malicious damage to property and livestock, use and transportation of fire- 
arms for hunting, bob houses, boats, dogs at large, breaking and entering 
and larceny in remote areas, protection of the environment, littering and 
dumping. 

XII. To conduct search and rescue operations in woodlands and inland 
waters and to provide security at the sites thereof. 

XIII. In emergencies upon their requests, to cooperate with other law^ 
enforcement agencies. 

XIV. To have and exercise the powers and privileges granted by RSA 
594 as to matters within their jurisdiction under this section. 

139 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



1971] Chapter 140 111 

CHAPTER 140. 

AN ACT RELATIVE TO EXTENDING THE SERVICE FEE ON AIR CARRIERS 
TO ALL PUBLIC LANDING AREAS SUPPORTED, IN WHOLE OR IN PART, BY 
STATE AND MUNICIPALITY OR AIRPORT AUTHORITY FUNDS AND TO 
ALLOCATE SAID FEES BETWEEN THE STATE AND MUNICIPALITIES OR 

AIRPORT AUTHORITIES. 

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

140 : 1 Service Fee Extended and Allocated. Amend RSA 422 : 44 as 

inserted by 1959, 258 : 2, by striking out said section and inserting in place 
thereof the following section : 

422 : 44 Cairiers Under Contract or by Charter. Every person, firm 
or corporation engaged in this state, whether in interstate or intrastate 
operations, carrying passengers for hire in aircraft under contract or by 
charter, hereinafter in this section referred to as a passenger carrier by 
aircraft, who uses in connection with such business a public landing area 
which, subsequent to October 1, 1959, shall be constructed, operated, or 
maintained, in whole or in part, through or with funds contributed by the 
state and by a municipality or aii-port authority shall, at any such landing 
area, pay a service charge of one dollar with respect to each passenger 
emplaning upon its aircraft with a gross weight of twelve thousand five 
hundred pounds or more. Each contract or charter passenger carrier by 
aircraft subject to the provisions of this section shall file with the com- 
mission, upon a form prescribed by the commission on or before the fif- 
teenth day of each month, a return showing the number of contract or 
charter passengers emplaning at each such landing area during the pre- 
ceding calendar month upon the aircraft of such passenger carrier by 
aircraft and the gross weight of such aircraft, together with such other 
pertinent information as the commission shall require, and shall remit 
with the return the sei*vice fees imposed hereby. Upon audit of the return 
the commission shall forward fifty percent of the service fees to the state 
treasurer who shall cover the same into the aeronautical fund estab- 
lished by RSA 422 : 42. The remaining fifty percent of the service fees 
shall be allocated and paid by the commission to the municipalities or the 
airport authorities owning the public landing areas at which the fees 
reported in said return were imposed. Nothing herein shall prevent a con- 
tract or charter passenger carrier by aircraft from collecting, directly 
or indirectly, the service fee payable with respect to each passenger from 
such passenger. The sei-vice fees herein provided for shall be due and pay- 
able, with respect to any landing area from and after the date of the 
first receipt of funds for the construction, operation or maintenance thereof 
from the state and from the municipality or airport authority owning any 
such public landing area. If any person, firm or corporation subject to the 
provisions of this section shall fail or neglect to pay the fees imposed 
thereby, the same may be collected by the attorney general through civil 
proceedings in any appropriate tribunal. 

140 : 2 Effective Date. This act shall take eflfect sixty days after its 
passage. 

[Approved May 26, 1971.] 
[Effective date July 25, 1971.] 



112 Chapter 141 [1971 

CHAPTER 141. 

AN ACT RELATIVE TO INTOXICATING BEVERAGES AT INTERSCHOLASTIC 

ATHLETIC CONTESTS. 

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

141 : 1 Intoxicating Beverages. Amend RSA 570 by inserting after 
section 24 the following new section : 

570 : 24-a [New] Intoxicating Beverages at Interscholastic Athletic 
Contests. No person shall drink, or have in his possession, any intoxicating 
beverage while in attendance as a spectator or otherwise, at any place 
where a school interscholastic athletic contest is being conducted. Whoever 
violates the provisions of this section shall be fined not more than fifty 
dollars or imprisoned not more than thirty days, or both. 

141 : 2 Efifective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 142. 



AN ACT RELATIVE TO TAX EXEMPTIONS FOR WATER AND AIR POLLUTION 

CONTROL FACILITIES. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
Court convened: 

142: 1 Pollution Control Facilities Exempted. Amend RSA 72 by in- 
serting after section 12 the following new sections : 

72 : 12-a [New] Water and Air Pollution Control Facilities. Any 

person, firm or corporation which builds, constructs, installs, or places in 
use in this state any treatment facility, device, annliance or installation 
wholly or partly for the purpose of reducing, controlling or eliminating any 
source of air or water pollution shall be entitled to have the value of said 
facility and any real estate necessary therefor, or a percentage thereof 
determined in accordance with this section, exempted from the taxes 
levied under this chapter for a period of twenty-five years. The party 
seeking the exemption shall file an application with the water supply and 
pollution control commission if the exemption sought is for a water pollu- 
tion control facility or the air pollution control commission if the exemp- 
tion sought is for an air pollution control facility, with a copy to the taxing 
authorities in the municipality where the facility is situated. Said applica- 
tion shall describe the facilities and their function or functions and shall 
state the applicant's total investment therein and the portion allocable to 
each function. The commission shall investigate and determine whether the 
purpose of the facility is solely or only parti '^lly pollution control. If the 
commission finds that the purpose of the facility is only partially pollution 
control it shall determine by an allocation of the applicant's investment in 
the facility what percentage of the facility is used to control pollution. In 



1971] Chapter 143 113 

making- its investigation, the commission may inspect the facility and 
request such other information from the applicant as is reasonably neces- 
sary to assist it in making its determination. Upon making its determina- 
tion, the commission shall notify the applicant and the taxing authorities 
of the municipality where the facility is situated whether the purpose of 
the facility is solely pollution control, or, if not, what percentage of the 
applicant's investment in the facility should be allocated to pollution con- 
trol. The taxing authorities shall each year separately appraise and describe 
the facility and related real estate and cause such appraisal and 
description to appear in their inventory, and shall exempt for a period of 
twenty-five years from the taxes levied under this chapter the appraised 
value of the facility and any real estate necessary therefor, or the exempt 
percentage thereof determined by the commission. The exemption period 
shall begin as of the April first next following the receipt of the commis- 
sion's determination. Either the municipality or the owner of the facility 
may request a rehearing or appeal from such determination in accordance 
with the provisions of RSA 541. 

72: 12-b [New] Facilities Previously Exempted. Upon application 
by either the municipality or the owner of any pollution control facility 
previously exempted under RSA 149 : 5-a the commission shall review a 
determination made under RSA 149 : 5-a and determine the exempt per- 
centage in the manner provided by RSA 72: 12-a; provided, however, 
that the period of exemption shall not be extended by any such redeter- 
mination. Either the municipality or the owner of the facility may re- 
quest a rehearing or appeal from such determination in accordance with 
the provisions of RSA 541. 

142 : 2 Repeal. RSA 149 : 5-a and 149 : 5-b as inserted by 1955, 196 : 1 
relative to tax exemptions are hereby repealed. 

142 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 143. 



AN ACT EXEMPTING CERTAIN TEMPORARY HELIPORTS FROM REGIS- 
TRATION UNDER THE PROVISIONS OF THE AERONAUTICS ACT. 

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

143 : 1 Heliports. Amend RSA 422 : 38 by inserting at the end thereof 
the following new paragraph: 

X. The registration of a temporary heliport site for commercial opera- 
tions provided that use for commercial purposes shall be limited to seven 
days during any single registration year, however, the use of any such site 
as a heliport shall be subject to determination by the director that it con- 
forms to minimum safety standards as promulgated by the commission. 



114 Chapter 144 [1971 

143:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 144. 



AX ACT TO DEFINE, CONTROL AND PROHIBIT THE LITTERING OF PUBLIC 

OR PRIVATE PROPERTY. 

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

144: 1 Litter Control. Amend RSA by inserting after chapter 163-A 
(supp) the following new chapter: 

CHAPTER 163-B [NEW] 

LITTER CONTROL LAW 

163-B: 1 Declaration of Intent. It is the intention of the legislature 
by this chapter to provide for uniform prohibition throughout the state 
of any and all littering on public or private property, and to curb thereby 
the desecration of the beauty of the state and harm to the health, welfare 
and safety of its citizens caused by individuals who litter. 

163-B: 2 Definitions. As used in this chapter, unless the context 
clearly requires otherwise, the following words or phrases shall have the 
following meanings : 

I. The word "litter" means all rubbish, refuse, garbage, trash, debris, 
dead animals or other discarded materials of every kind and description. 

163-B: 3 Unlawful Activities. It shall be unlawful for any person or 
persons to dump, deposit, throw or leave, or to cause or permit the dump- 
ing, depositing, placing, throwing or leaving of litter on any public or pri- 
vate property in this state, or in or on ice or in any waters in this state, 
unless : 

I. Such property is designated by the state or by any of its agencies or 
political subdivisions for the disposal of such litter, and such person is au- 
thorized by the proper public authority to use such property; 

II. Such litter is placed into a litter receptacle or container installed on 
such property; 

III. Such person is the owner or tenant in lav/ful possession of such 
property, or has first obtained consent of the owner or tenant in lawful 
possession, or unless the act is done under the personal direction of said 
owner or tenant, all in a manner consistent with the public welfare. 

163-B: 4 Penalties. 

I. Any person violating the provisions of RSA 163-B : 3 is guilty of a 
misdemeanor and upon conviction thereof shall be punished by a fine of 
fifty dollars or imprisonment for three days, or both such fine and impris- 
onment, or, in lieu thereof, in the sound discretion of any court in which 
conviction is obtained, any such person may be directed by the judge of 



1971] Chapter 145 115 

such court to pick up and remove from any public street or highway or 
public or private right-of-way, or public beach or public park, or, with 
prior permission of the legal owner or tenant in lawful possession of such 
property, any private property upon which it has been established by com- 
petent evidence that he has deposited litter, any and all litter deposited 
thereon by anyone prior to the date of execution of sentence. 

XL The court is hereby directed to publish the names of persons con- 
victed of violating the provisions of RSA 163-B : 3. 

163-B:5 Prima Facie Evidence. Evidence that litter is thrown, de- 
posited, dropped or dumped from any motor vehicle, boat, airplane or other 
conveyance in violation of RSA 163-B : 3, shall be prima facie evidence that 
the operator of said conveyance shall have violated this chapter and the 
license to operate such a conveyance issued to any person convicted here- 
under may be suspended for a period not to exceed seven days together 
with, or in lieu of, penalties provided in RSA 163-B : 4. 

163-B: 6 Enforcement. All law enforcement agencies and officers and 
officials of said agencies of this state or any political subdivision thereof are 
hereby authorized, empowered, and directed to enforce compliance with 
this chapter. 

144 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 145. 

AN ACT TO AMEND THE CHARTER OF ST. PAUL'S SCHOOL. 

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

145 : 1 Increase Membership. Amend section 1 of an act entitled "An 
Act to incorporate St. Paul's School", approved June 29, 1855, as amended 
by 1913, 396 : 1 by striking out in line twelve the word "six" and inserting 
in place thereof the word (eleven) and by striking out in line thirteen 
the word "fifteen" and inserting in place thereof the word (twenty) so 
that said section as amended shall read as follows : 

Section 1. Be it enacted by the Senate and House of Representatives 
in General Court convened. That Horatio Southgate, Newton E. Marble, 
Nathaniel B. Baker, William F. Otis, Isaac F. Redfield, Mathew Harvey, 
Jacob Carter, William E. Coale, Henry M. Parker, their associates and 
successors, be and they hereby are made a body politic and corporate by the 
name of St. Paul's School ; and by that name may sue and be sued, prosecute 
and defend to final judgment and execution, and shall have and enjoy all 
the powers and privileges and be subject to all the liabilities incident to 
corporations of a similar character, provided that the number of associates 
shall not exceed eleven, that is to say, the whole number of members of 
said corporation shall not exceed twenty. 



116 Chapter 146 [1971 

145 : 2 Management and Control. Amend section three of an act en- 
titled "An Act to incoi-porate St. Paul's School" approved June 29, 1855 as 
amended by 1913, 396: 2 by striking out in line six the word "eleven" and 
inserting in place thereof the v^ord (fifteen) and by striking out in line 
seven the word "fifteen" and inserting in place thereof the word (twenty) 
and by striking out in line eight the word "five" and inserting in place 
thereof the word (seven) so that said section as amended shall read as 
follows : 

Sect. 3. Said corporators and their associates and their successors 
shall have the entire management and control of the aif airs of said coi-pora- 
tion and shall by election fill all vacancies which may from time to time 
occur in their body, so that the whole number of members of said corpora- 
tion shall be at least fifteen, and may be increased, from time to time, by 
vote of said corporation, to a number not exceeding twenty. At all meetings 
of the corporation seven shall constitute a quorum for the transaction of 
business except on the election or removal of the principal of said school. 

145 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



1 



CHAPTER 146. 



AN ACT PROVIDING THAT A HELPER MAY SET OR HAUL LOBSTER AND 

CRAB TRAPS ONLY IN THE PRESENCE OF AND ABOARD A BOAT 

BELONGING TO A LICENSED LOBSTERMAN. 

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

146:1 Helpers. Amend RSA 211:20 (supp) as amended by 1965, 
305 : 2 by inserting in line seven after the word "suspended" the following 
(A helper may assist, set, or haul pots or traps or any other device used in 
the taking of lobsters and crabs only in the presence of and aboard the boat 
of a person licensed under the provisions of RSA 211: 18, and who holds a 
valid helper's license) so that said section as amended shall read as 
follows : 

211: 20 Helper*s License. Any person licensed under the provisions of 
section 18 of this chapter may get a helper's license which entitles him to 
have the help of a person in the taking of lobsters or crabs if the helper 
meets the requirements set forth by RSA 211 : 23. The helper's license may 
be transferred to any one helper employed by the licensee, but may not be 
transferred to a person who previously had a lobster license which was 
suspended. A helper may assist, set, or haul pots or traps or any other 
device used in the taking of lobsters and crabs only in the presence of and 
aboard the boat of a person licensed under the provisions of RSA 211: 18, 
and who holds a valid helper's license. The fee for a helper's license is ten 
dollars. 



1971] Chapter 147 117 

146: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 147. 

AN ACT RELATIVE TO THE BOARD OF ARBORISTS. 

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

147: 1 State Entomologist. Amend RSA 222: 2 (supp) as amended by 
1961, 223: 3; 1965, 368: 4 and 1967, 270: 8 by striking out said section and 
inserting in place thereof the following : 

222 : 2 Board of Examiners. The director of the division of re- 
sources development, department of resources and economic development, 
the commissioner of agriculture, and the state entomologist shall constitute 
a board for the examination of arborists. If they are satisfied, on examina- 
tion 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 unless sooner revoked as provided in section 3, 
and may be renewed by the board for succeeding years without further 
examination upon the payment of the required fee. Any person, firm, or 
corporation receiving such certificate shall be responsible for the acts of all 
employees in the performance of such work. One member of each crew op- 
erating a piece of equipment applying pesticides as defined in RSA 149-D : 3 
(II) must be registered as required by RSA 149-D: 5(111). As a condition 
for the renewal 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. 

147 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 148. 



AN ACT RELATIVE TO FILING DATES FOR NOMINATIONS IN CERTAIN 

CITIES AND TOWNS. 

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

148: 1 Time of Filing in Large Towns. Amend RSA 59: 73 (supp) as 
amended by 1965, 197 : 1 by striking out said section and inserting in place 
thereof the following: 



118 Chapter 149 [1971 

59 : 73 Adoption of Non-Partisan Ballot System. Towns may adopt a 
non-partisan ballot system, as hereinafter provided, for the election of town 
officers under an article in the warrant for any annual or special meeting 
at which action is to be taken, and may rescind such action in like manner. 
If such ballot system is adopted by a town, the system shall not be in effect 
in said town until the town meeting next following the meeting at which 
such action is taken. In towns where this ballot system is in force, a plural- 
ity vote shall elect. The town clerk shall prepare the ballots and all candi- 
dates for office shall ffie their declarations of candidacy or petitions of nom- 
ination with the town clerk. The filing period shall be as follows : 

I. In large towns, as defined pursuant to the provisions of RSA 59 : 73-a, 
no earlier than forty-five days before and no later than five o'clock in the 
evening of the third Monday next preceding the day of the election. 

II. In all other towns, no earlier than thirty-five days before and no 
later than five o'clock in the evening of the second Monday next preceding 
the day of the election, 

148: 2 Change of Filing Dates. Amend RSA 59: 74 (supp) as amended 
by 1965, 197 : 2 by striking out in line four the words "thirty-five" and 
inserting in place thereof the words (forty-five) and striking out in line four 
the word "seven" and inserting in place thereof the following (thirty) so 
that said section as amended shall read as follows : 

59: 74 Special Provisions. Where the Australian ballot system is in 
force at local elections a plurality shall elect, the city or town clerk shall 
prepare the ballot and nominations shall be filed with him no earlier than 
forty-five days and no later than thirty days before the election. The 
number of days herein given shall include Sunday and shall end on the day 
before election at five o'clock in the afternoon. 

148:3 Eflfective Date. This act shall take eff"ect sixty days after 
passage. 

[Approved May 26, 1971.] 

[Effective date July 25, 1971.] 



CHAPTER 149. 



AN ACT RELATIVE TO THE TIME THE SCHOOL CENSUS SHALL BE TAKEN 
AND REPEALING THE STATUTE DEALING WITH SCHOOL BOARDS VISITS 

TO SCHOOLS. 

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

149: 1 Dates for School Census. Amend RSA 189: 38 by striking out 
in line six the word and numeral "September 10" and inserting in place 
thereof the words (September thirtieth) ; and by striking out in line 
seven the word and numeral "October 1" and inserting in place thereof the 
words (October thirty-first) so that said section as amended shall read a? 
follows : 

189: 38 Enumeration of Children. Agents appointed by school boards 
of school districts shall annually make an enumeration of the children of 



1971] Chapter 150 119 

each sex from birth through eighteen years of age in each school district 
as of September first giving such items in regard to each child as may be 
required by the state board of education, and shall make a report thereof 
to the school board by September thirtieth. The school board shall make a 
report on the enumeration of children by October thirty-first to the state 
board of education. 

149: 2 Board Shall Furnish Registers. Amend RSA 189: 27 (supp) as 
amended by 1967, 448 : 2 by striking out said section and inserting in place 
thereof the following: 

189:27 Register. The school board shall furnish to the responsible 
person a supply of blank registers provided by the state board. 

149 : 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1971.] 
[Effective date July 25, 1971.] 



CHAPTER 150. 

AN ACT RELATIVE TO ANATOMICAL GIFTS. 

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

150: 1 Number of Witnesses. Amend RSA 291-A: 4, II (supp) as in- 
serted by 1969, 345 : 1 by striking out in lines four and seven the word 
"three" and inserting in place thereof the word (two) so that said para- 
graph as amended shall read as follows: 

II. A gift of all or part of the body under section 2 I may also be made by 
document other than a will. The gift becomes effective upon the death of 
the donor. The document, which may be a card designed to be carried on the 
person, must be signed by the donor in the presence of two witnesses who 
must sign the document in his presence. If the donor cannot sign, the docu- 
ment may be signed for him at his direction and in his presence in the 
presence of two witnesses who must sign the document in his presence. 
Delivery of the document of gift during the donor's lifetime is not neces- 
sary to make the gift valid. 

150:2 Number of Witnesses in Cases of Amendment or Revocation. 

Amend RSA 291-A: 6, 1, (b) (supp) as inserted by 1969, 345: 1 by striking 
out said subparagraph and inserting in place thereof the following: 

(b) an oral statement made in the presence of two witnesses and 
communicated to the donee, or 

150: 3 Effective Date. Tliis act shall take effect sixty days after its 
passage. 

[Approved May 27, 1971.] 

[Effective date July 26, 1971.] 



120 Chapter 151 [1971 

CHAPTER 151. 

AN ACT RELATIVE TO THE ELECTION OF CANDIDATES AND MEMBERSHIP 
OF THE MASCOMA VALLEY REGIONAL SCHOOL DISTRICT. 

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

151: 1 Checklist of the Cooperative School District. Amend section 1 
of chapter 378 of the Laws of 1963 by striking out said section and insert- 
ing in place thereof the following : 

378:1 Cooperative School District. The supervisors of the towns of 
Enfield, Canaan, Dorchester, Grafton and Orange shall act as the super- 
visors of the cooperative school district. The effective checklist of each of 
said five towns shall together constitute the checklist of the cooperative 
school district. The supervisors shall act as ballot clerks. 

151 : 2 Membership of the School Board. Amend section 2 of chap- 
ter 378 of the Laws of 1963 by striking out said section and inserting in 
place thereof the following: 

378 : 2 Establishment of School Board. The cooperative school board 
shall consist of seven members. Five who shall be known as town members, 
one elected from each of the towns of Enfield, Canaan, Dorchester, Grafton 
and Orange, by the respective voters of each of said towns. Two who shall 
be known as at-large members and shall be one from the town of Enfield 
and one from the to\vn of Canaan, to be elected by all the voters of the 
cooperative school district. The present members of the school board shall 
complete the terms of office to which they were elected, and thereafter 
their successors shall be elected for terms of three years. 

151 : 3 Election of Candidates. Amend section 3 of chapter 378 of the 
Laws of 1963 by striking out said section and inserting in place thereof the 
following : 

378 : 3 Election. 

T. School board members and the moderator shall be elected at the 
annual town meetings of the towns of Enfield, Canaan, Dorchester, Grafton 
and Orange. 

11. A candidate for town member of the school board shall file his nom- 
ination for the office with the town clerk in the town in which he resides 
and which he intends to represent, no earlier than thirty-five days and no 
later than seven days before the town meeting, and his name shall appear 
on the town ballot. 

in. The school district shall elect its moderator and its at-large school 
board members in the town meetings of the towns making up the coopera- 
tive school district. Nominees for the office of moderator and at-large school 
board members shall file their nominations with the clerk of the school 
district no earlier than thirty-five days and no later than fifteen days before 
the town meeting. The clerk of the school district shall notify the clerks of 
each town in the district of the names of the persons who have filed their 
nominations no later than seven days before the town meeting. The clerks 
of each town shall in turn place the name of the candidates for the offices 
of moderator and at-large school board members on a separate ballot. 



1971] Chapter 152 121 

IV. Each town clerk shall certify to the clerk of the school district as to 
the number of votes each candidate received. 

V. The candidate who receives the highest number of votes shall be 
elected to the office for which he is a candidate. 

VL School board members and the moderator shall take office on the 
first day of July following their election, upon filing their oaths of office 
with the clerk of the school district. 

151 : 4 Referendum. The provisions of this act shall not take effect 
unless it is adopted as hereinafter provided. The clerk of the Mascoma 
Valley Regional school district shall prepare referendum ballots for use 
by the voters at the annual meeting of the Mascoma Valley Regional 
school district to be held in 1972 or at a special meeting of the Mascoma 
Valley Regional school district to be held prior to January 1, 1972, upon 
which shall be printed the question : "Shall the provisions of an act entitled 
'An Act relative to the election of candidates and membership of the 
Mascoma Valley Regional School District' enacted by the 1971 session of 
the general court be adopted?" Beneath this question shall be printed 
the word "Yes" and the word "No" with a square immediately opposite 
each such word in which the voter may indicate his choice. If a majority of 
the voters present and voting on the question shall signify their approval 
thereof, this act shall be declared adopted. Ballots cast on said question 
shall be counted and the results announced by the m^oderator. The school 
district clerk shall forthwith certify the results to the respective town 
clerks; and the district clerk shall within ten days after said election 
certify to the secretary of state the result of the vote on said question. 

151 : 5 Effective Date. Section 4 of this act shall take effect upon 
passage, and if the act shall be adopted by a majority vote of the quali- 
fied voters present and voting at a special meeting of the Mascoma Valley 
Regional school district to be held prior to January 1, 1972 or at an annual 
m.eeting of said school district to be held in 1972, the remainder of this 
act shall take effect on January 1, 1973. 

[Approved May 27, 1971.] 

[Effective date section 4 shall take effect upon passage and if act adopted 
at the referendum, remainder of this act shall take effect January 1, 
1973.] 



CHAPTER 152. 

AN ACT RELATIVE TO RECREATIONAL ROADS. 

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

152:1 Class III Recreational Roads. Amend RSA 231:6 (supp) as 
amended by 1957, 99: 1, 162: 1 and 193: 1; 1961, 223: 3 and 1965, 151: 1 by 
adding at the end thereof the following: (The commissioner of the depart- 
ment of resources and economic development may make reasonable regula- 
tions for the control of vehicular traffic on those sections of class III high- 
ways which are located within state parks and reservations by means of 
personnel, signs, or temporary barricades.) so that said section as amended 
shall read as follows : 



122 Chapter 153 [1971 

231 : 6 Class III Recreational Roads. The department of public works 
and highways shall assume full control of reconstruction and maintenance 
of roads designated by the department of resources and economic develop- 
ment and highway commissioner within the following state reservations 
and rights of way thereto, and such roads shall be known as recreational 
roads; Belknap State Reservation in the town of Gilford; the road from 
Route 114 at North Sutton village to and through Wadleigh State Park to 
the western boundary of said park on the lake front highway; Cathedral 
Ledge State Resei'vation in the towns of Conway and Bartlett ; the Arethusa 
Falls road in the town of Hart's Location; Pillsbury State Reservation in 
the town of Washington ; White Lake State Park in the town of Tamworth ; 
Pawtuckaway State Reservation in the towns of Nottingham and Deerfield ; 
Milan Hill State Park in the town of Milan ; Cardigan State Reservation in 
the town of Orange ; Kearsarge State Reservation in the town of Wilmot ; 
Mt. Sunapee State Park in the town of Newbury; Rhododendron State 
Reservation in the town of Fitzwilliam; Bear Brook State Reservation in 
the towns of Deerfield, Hooksett, Allenstown and Candia; and the road 
formerly known as the Kearsarge Mountain Toll road in the town of 
Warner; extending from the Top of Tory Hill, so called, to its terminus 
near the summit of Kearsarge Mountain; and Monadnock State Forest 
Reservation in the town of Jaffrey, and the road to the beach development 
at Mt. Sunapee State Park in the town of Newbury; and the road from 
Route 116, so called, to Forest Lake State Park in the towns of Whitefield 
and Dalton ; and state parks in the Hopkinton-Everett reservoir area in the 
towns of Dunbarton, Weare and Hopkinton; and the road from Route 156 
to the entrance to Pawtuckaway State Park at Pawtuckaway Lake in the 
towns of Raymond and Nottingham which is to be constructed with other 
than highway funds. The cost of reconstruction and maintenance shall be a 
charge upon the highway funds. This section shall not be construed as 
affecting the control of the department of resources and economic develop- 
ment over parking areas or other facilities within said reservations. The 
commissioner of the department of resources and economic development 
may make reasonable regulations for the control of vehicular traffic on 
those sections of class HI highways which are located within state parks 
and resei'vations by means of personnel, signs, or temporary barricades. 

152:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 27, 1971.] 

[Effective date July 26, 1971.] 



CHAPTER 153. 



AN ACT LEGALIZING THE ANNUAL MEETING OF THE TOWN OF 
GOFFSTOWN, MARCH 9, 1971. 

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

153 : 1 Proceedings Legalized. All votes and proceedings of the 
annual meeting held in the town of Goffstown on March 9, 1971 are hereby 
legalized, ratified and confirmed. 



1971] Chapter 154 123 

153: 2 Effective Date. This act shall take effect upon its passage. 
[Approved May 27, 1971.] 
[Effective date May 27, 1971.] 



CHAPTER 154. 



AN ACT TO INCREASE THE COMPENSATION OF THE BOARD OF HAIR- 
DRESSERS, INCREASE FEES, AND ESTABLISH NEW LICENSING 

STANDARDS. 

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

154:1 Increase Compensation for Board of Hairdressers. Amend RSA 
314 : 7 as amended by 1965, 308 : 2 by striking out in line six the word "ten" 
and inserting in place thereof the word (twenty) so that said section as 
amended shall read as follows : 

.314: 7 — Compensation of Board; Disposition of Revenue. The secre- 
tary shall receive and receipt for all fees received by the board and shall at 
the end of each month report to the comptroller the total amount of all 
money received from all sources and shall at the same time deposit with the 
treasurer the entire amount of said receipts. Each member of the said 
board shall receive twenty dollars a day while in attendance upon examina- 
tions or performing duties as said member and reasonable expenses while 
traveling in the performance of his duties. The compensation and expenses 
of the members of the board and the inspector shall be paid by the state 
treasurer upon the warrant of the governor, but the total expenditures for 
such purposes shall not exceed the total moneys received by the state 
treasurer under the provisions hereof. 

154: 2 Scope and Contents of Examination Determined by the Board. 

Amend RSA 314 : 8 by inserting in line four after the word "determine" 
the words (The scope and content of the examination shall be established 
by the board.) so that said section as amended shall read as follows: 

314: 8 Examinations. The board shall hold examinations at least once 
in six months in such towns throughout the state as it may deem most 
convenient for applicants and at such additional times as it may from time 
to time determine. The scope and content of the examination shall be estab- 
lished by the board. The board shall notify all applicants at least ten days 
in advance as to the place, date and time of examinations, and publish 
notice of same in such form and places as said board may prescribe. 

154 : 3 Qualifications for a Hairdresser Instructor. Amend RSA 314 : 13 
as amended by 1957, 232 : 1 by striking out in line thirty four the words 
"three years" and inserting in place thereof the words (one year) so that 
said section as amended shall read as follows : 

314: 13 Approved Schools. No school of hairdressing in this state 
shall be approved by said board unless it has minimum requirements of a 
continuous course of study of fifteen hundred hours distributed over a 
peiiod of not less than nine months, including practical demonstrations, 
written and oral tests, and theoretical and practical instruction in sanita- 



124 Chapter 154 [1971 

tion, sterilization and the use of antiseptics and disinfectants, cosmetics 
and electrical appliances, which course of study and instruction shall be 
subject to the approval of the board. Schools must provide a separate room 
for classwork and instruction and at least one separate room for supervised 
practice. Each school shall have in good working order all apparatus and 
equipment necessary for the full and ready teaching of all subjects included 
in the required curriculum. Schools must keep daily record of attendance 
and study of each student, of hours spent in each practical operation, and 
the number of tests given. A monthly report of such attendance, study, 
practice and hours, attested to be correct by the signature of both the 
student and instructor, shall be mailed to the board at the end of each 
month. All records of a student's progress in the school shall be open for 
inspection by members of the board at any time during class hours. All 
brushes, combs, towels, instruments, and applicators must be cleaned and 
disinfected by a method approved by the board's rules and regulations, 
after each use. All students must wear clean and washable uniforms during 
class hours. Suitable containers for soiled towels, brushes, combs, and other 
soiled instruments must be provided, and suitable containers must be sup- 
plied for freshly laundered towels, and air-tight cabinets for disinfected 
utensils. Floors must have washable coverings. No person shall be engaged 
to instruct in any of the branches of hairdressing, and cosmetology or mani- 
curing as defined in this chapter unless approved and licensed as a hair- 
dresser instructor by the board after having passed an examination as such 
instructor and having paid the required fee, except that occasional lecturers 
on specialized subjects shall not require such examination, approval or li- 
cense. No person shall be approved and licensed as a hairdresser instructor 
unless (1) he shall have graduated from an approved high school or had an 
education equivalent thereto and (2) shall have completed at least one year 
of actual employment in a licensed shop. 

154: 4 Increased Fee for Temporary Permit. Amend RSA 314: 17 by 
striking out in line five the word "ten" and inserting in place thereof the 
word (twenty) so that said section as amended shall read as follows: 

314: 17 Credit for Practical Experience. Any student or apprentice 
eligible to take examination for a license as a hairdresser or manicurist may 
apply to said board for a permit to operate temporarily as such pending the 
holding of such examination. Such application shall be accompanied with a 
payment of twenty dollars which shall be credited as the required examina- 
tion fee. Thereupon, the board shall issue a permit to the applicant to 
engage temporarily in the practice of hairdressing or manicuring under the 
supervision of a licensed hairdresser and in a registered shop of this state. 
If, upon notice from the board, the applicant fails without just cause to 
take the examination, said permit shall terminate. If the applicant fails to 
pass the examination, the board in its discretion may grant a second tem- 
porary permit, under like conditions, which permit in all circumstances 
shall expire upon the holding of the next successive examination, unless 
just cause for failure to take the examination shall be shown to the satis- 
faction of the board. The work done by any student or apprentice under a 
temporary permit shall be credited by the board as practical experience 
hereinafter required relative to the issuance of a shop license. 

154 : 5 Increased Fee for Hairdresser. Amend RSA 314 : 21 as amended 
by 1957, 7 : 2 and 1965, 308 : 3 by striking out in line eleven the figure 
"15.00" and inserting in place thereof the figure (20.00) so that said sec- 
tion as amended shall read as follows : 



Original 


Renewal 


$100.00 


$50.00 


7.00 


10.00 


10.00 


10.00 


5.00 


5.00 


5.00 


5.00 


20.00 


5.00 


25.00 


5.00 


15.00 


5.00 


15.00 


5.00 



1971] Chapter 154 125 

314:21 Fees. Except as herein otherwise provided, the fees estab- 
lished hereunder to be paid to said board shall be as follows : 
Applicant 

School 

Shop (hairdresser) if application is made origi- 
nally between April first and June thirtieth 
of any year 

Shop (hairdresser) 

Short-term Shop (hairdressing or manicur- 
ing) 

Manicuring Shop 

Hairdresser 

Nonresident Hairdresser 

Manicurist 

Nonresident Manicurist 

(After issuance of nonresident manicurist's 
license if applicant subsequently becomes a 
bona fide resident of this state) renewal 
fee 2.00 

Examination, including original license: 
Hairdresser 
Manicurist 

Hairdresser Instructor 
Shop Management 

Demonstrators 

Duplicate License 

Apprentice License 

154:6 Requirements for Renewal of Hairdresser Instructor License. 

Amend RSA 314: 22 by inserting at the end thereof the following: (No 
license for hairdresser instructor shall be renewed unless the applicant 
certifies that he has attended fourteen hours of hairdresser training in the 
preceding twelve-month period.) so that said section as amended shall read 
as follows: 

314:22 Expiration and Renewal of Licenses and Registration. Each 
license and registration issued hereunder shall expire on June thirtieth 
next succeeding its date of issuance but may be renewed upon application 
therefor and payment of the renewal fee at any time prior to July thirty- 
first after said expiration date. Any license or registration which has ex- 
pired may be renewed at any time during the eleven months next following 
said July thirty-first upon payment of the renewal fee and an additional fee 
of three dollars. If the holder of any license or registration certificate fails 
to renew the same as hereinbefore provided he shall be required to pay the 
original license or registration fee in the event that he subsequently ap- 
plies for the same within a period of five years after said expiration date. 
No license for hairdresser instructor shall be renewed unless the applicant 
certifies that he has attended fourteen hours of hairdresser training in the 
preceding twelve-month period. 

154 : 7 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 27, 1971.] 
[Effective date July 26, 1971.] 



15.00 


5.00 


15.00 


5.00 


25.00 


10.00 


10.00 


5.00 


10.00 


5.00 


1.00 


1.00 


5.00 


2.00 



1^6 Chapter 155 [1971 

CHAPTER 155. 

AN ACT RELATIVE TO THE PURCHASE OF WATERS OR LANDS BY THE 
DIRECTOR OF FISH AND GAME, MAKING AN APPROPRIATION THERE- 
FOR, AND RELATIVE TO MERRIMACK REARING STATION. 

Be it Enacted by the Senate a7id House of Representatives in General 
Court convened: 

155: 1 Additional Appropriation. There is hereby appropriated to the 
fish and game department for the acquisition of land, waters or rights for 
the fiscal j^ear 1970-71, in addition to any other sums appropriated for 
said purposes, the sum of two hundred and sixty six thousand and six 
hundred and sixty seven dollars as follows : 

Acquisition of lands, waters or rights 266,667 

Less, federal funds 200,000 



Net appropriation 66,667 

The sum liereby appropriated shall be a charge against the fish and 
game fund and any funds not expended or encumbered on June 30, 1971, 
shall lapse. 

155:2 New Facilities in Replacement of Merrimack Rearing Station. 

In the event the pending option for sale of the Merrimack Rearing Station 
and appurtenant land now under the jurisdiction of the fish and game 
department is exercised and the sale consummated, the funds received 
therefor shall be deposited with the state treasurer in the fish and game 
fund in a separate sub-account and shall be held by him for use by the 
fish and game department in the acquisition of land for and the construc- 
tion of a new hatchery or rearing facilities in substitution for the property 
so sold. The director, subject to the approval of the governor and council, 
may expend the sum received in such sale, or so much thereof as may be 
necessary, for the purchase or acquisition of necessary lands or interests 
in land and the construction of necessary buildings, structures and other 
facilities in replacement of the said Merrimack Rearing Station ; any other 
provision of law to the contrary notwithstanding. 

155:3 Lapse Upon Completion. All funds held in such separate sub- 
account under section 2, for the purposes of said section, which remain 
unexpended upon the completion of construction of said new facilities and 
payment therefor, shall thereupon lapse into the fish and game fund. 

155: 4 Effective Date. This act shall take effect upon its passage. 

[Approved June 2, 1971.] 

[Effective date June 2, 1971.] 



1971] Chapter 156 .:127 

CHAPTER 156. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

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

156:1 Definition of Employing Unit. Amend RSA 282: 1-F as 

amended by 1957, 313: 1 by inserting in line two after the word "associa- 
tion" the words (joint venture) so that said subsection as amended shall 
read as follows : 

F. "Employing unit" means any individual or type of organization, in- 
cluding any partnership, association, joint venture, trust, estate, joint- 
stock company, or corporation, whether domestic or foreign, or the re- 
ceiver, trustee in bankruptcy, trustee or successor thereof, or the legal 
representative of a deceased person, or this state or any pohtical sub- 
division or any instrumentality thereof, which has or subsequent to Janu- 
ary 1, 1935, had in its employ one or more individuals performing services 
for it within this state. All individuals performing services within this 
state for any employing unit which maintains two or more separate 
establishments within this state shall be deemed to be employed by a 
single employing unit for all purposes of this chapter. Whenever any 
employing unit contracts with or has under it any contractor or subcon- 
tractor for any work which is part of its usual trade, occupation, pro- 
fession or business, individuals in the employ of such contractors or sub- 
contractors shall be considered to be in the employ of the employing unit 
unless it shall be proven to the satisfaction of the commissioner of the 
department of employment security that such contracting is not for the 
purpose of avoiding the application of this chapter. Each individual em- 
ployed to perform or to assist in performing the work of any agent or 
employee of an employing unit shall be deemed to be employed by such 
employing unit for all the purposes of this chapter, whether such indi- 
vidual was hired or paid directly by such employing unit or by such agent 
or employee, provided the employing unit had actual or constructive 
knowledge of the work. 

156: 2 Definition of Employer. Amend RSA 282: 1, G(l) as amended 
by 1955, 141 : 1, by striking out said paragraph and inserting in place 
thereof the following : 

(1) Any employing unit which : 

(a) For some portion of a day in each of twenty different calendar 
weeks in either the current or preceding calendar year, whether or not 
such weeks are or were consecutive, has or had in employment within a 
calendar year one or more individuals, irrespective of whether the same 
individual was in employment in each such day, or 

(b) In any calendar quarter in either the current or preceding 
calendar year caused gross wages for sei-vices in employment to be paid 
or payable in the amount of $1,500 or more; 

156:3 Employment Exclusion. Amend RSA 282:1, H(4)(d) (supp) 
as amended by 1967, 400: 1; and 1969, 460: 2, by striking out said sub- 
paragraph and inserting in place thereof the following : 

(d) Service performed by an individual in the employ of his son, 
daughter, brother, sister, father, father-in-law, mother, mother-in-law, 
spouse, or the spouse of any of them or for a corporation fifty percent of 



128 Chapter 156 [1971 

whose stock is held either individually or collectively by himself and/or 
any of them ; notwithstanding the foregoing, this provision shall not apply 
where (i) a son or daughter over the age of twenty-one years is in the 
employ of his or her father or mother, or is in the employ of a corpora- 
tion fifty percent or more of whose stock is owned by his or her father 
and^or mother and none of which is owned by the employee or the em- 
ployee's spouse; and (ii) a brother or sister is in the employ of his or 
her brother and /or sister, or is in the employ of a corporation fifty 
percent or more of whose stock is owned by the brother and/or sister 
and none of which is owned by the employee or the employee's spouse. 

156:4 Employment Exemption. Amend RSA 282:1, H(4) (g) as 
amended by 1957, 313 : 2, by striking out in line five the words "subsec- 
tion C of" so that said subparagraph as amended shall read as follows: 

(g) Service performed in the employ of any state other than this 
state or of any of the political subdivisions of such other state or of any 
instrumentality of such other state, or of any town, city or other politi- 
cal subdivision of this state unless such town, city or other political 
subdivision of this state elects to become subject under section 7 of this 
chapter ; 

156:5 Employment Exemption. Amend RSA 282:1, H(4)(h) by 
striking out said subparagraph and inserting in place thereof the following: 
(h) (1) Service performed, in the employ of a school, college or 
university, if such service is performed by a student who is enrolled 
and is regularly attending classes at such school, college or univer- 
sity, or by the spouse of such a student, if such spouse is advised, at 
the time such spouse commences to perforai such service, that the 
employment of such spouse to perform such service is provided under 
a program to provide financial assistance to such student by such 
school, college or university, and such employment will not be covered 
by any program of unemployment compensation ; 

(2) Service performed by an individual under the age of twenty- 
two who is enrolled at a nonprofit or pubhc educational institution 
which normally maintains a regular faculty and curriculum and nor- 
mally has a regularly organized body of students in attendance at the 
place where its educational activities are carried on as a student in a 
full-time program, taken for credit at such institution, which combines 
academic instruction with work experience, if such service is an in- 
tegral part of such program, and such institution has so certified to 
the employer, except that this subparagraph shall not apply to service 
performed in a program established for or on behalf of an employer 
or group of employers ; 

156: 6 Employment Exemption. Amend RSA 282: 1, H(4) (i) by strik- 
ing out said subparagraph and inserting in place thereof the following: 
(i) Service performed in the employ of a hospital, if such service is 

performed by a patient of such hospital ; 

156:7 Repeal. RSA 282: 1, H (4) (j), relative to "service performed in 
the employ of a cemetery company owned and operated exclusively for the 
benefit of its members or which is not operated for profit," is hereby 
repealed. 



1971] Chapter 156 129 

156:8 Repeal. RSA 282:1, H(4)(k), relative to "service performed 
in the employ of a business league, chamber of commerce, real estate 
board, or board of trade," is hereby repealed. 

156: 9 Coverage of State Employees. Amend RSA 282: 1, H(4) (q) as 

inserted by 1957, 313: 3, by adding at the end thereof the following: (ex- 
cept that this provision shall not apply to service performed by an indi- 
vidual in the employ of a state hospital and^or an institution of higher 
education;) so that said subparagraph as amended shall read as follows: 

(q) Service performed for this state by any individual who is not a 
classified employee in the state classified sei'vice; except that this pro- 
vision shall not apply to service performed by an individual in the 
employ of a state hospital and/or an institution of higher education ; 

156: 10 Coverage of State Employees. Amend RSA 282: 1, H (4) (r) as 

inserted by 1957, 313: 3, by adding at the end thereof the following new 
sentence: (This provision shall not apply to service performed by an in- 
dividual in the employ of a state hospital and^or an institution of higher 
education.) so that said subparagraph as amended shall read as follows: 

(r) Service performed by seasonal or temporary classified employees 
as herein defined. Seasonal classification in the state employment classi- 
fication system shall mean service in a position the need for which may 
be reasonably anticipated as likely to recur each year for a varying 
period of time. Temporary classification in the state employment classi- 
fication system shall mean service of a qualified person to a position that 
is known to be of limited duration. This provision shall not apply to 
service performed by an individual in the employ of a state hospital 
and/or an institution of higher education. 

156:11 Exempt Employment. Amend RSA 282:1, H(4) by insert- 
ing after subparagraph (r) the following new subparagraph : 

(s) The following services performed in the employ of an organi- 
zation described in section 501 (c) (3) and exempt under section 501 (a) 
of the Internal Revenue Code : 

(1) in the employ of a church or convention or association of 
churches, or an organization which is operated primarily for religious 
purposes and which is operated, supervised, controlled, or principally 
supported by a church or convention or association of churches; or 

(2) by a duly ordained, commissioned or licensed minister of a 
church in the exercise of his ministry or by a member of a religious 
order in the exercise of duties required by such order ; or 

(3) in the employ of a school which is not an institution of 
higher education ; or 

(4) in a facility conducted for the purpose of carrying out a 
program of rehabilitation for individuals whose earning capacity is 
impaired by age or physical or mental deficiency or injury or provid- 
ing remunerative work for individuals who because of their impaired 
physical or mental capacity cannot be readily absorbed in the competi- 
tive labor market by an individual receiving such rehabilitation or 
remunerative work ; or 

(5) as part of an unemployment work-relief or work-training pro- 
gram assisted or financed in whole or in part by any federal agency 
or an agency of a state or political subdivision thereof, by an indi- 
vidual receiving such work relief or work training ; or 

(6) for a hospital in a state prison or other state correctional 
institution by an inmate of the prison or correctional institution. 



130 Chapter 156 [1971 

156:12 Definition of State. Amend RSA 282:1, L as amended by 
1961, 88:3, by inserting at the end thereof the following: (Canada and 
Puerto Rico.) so that said subsection as amended shall read as follows: 

L, "State" includes, in addition to the states of the United States of 
America, the District of Columbia, Canada and Puerto Rico. 

156:13 Wages Affecting Benefits. Amend RSA 282: 1, M(3) (supp) 
as amended by 1955, 141: 5; 1961, 88: 4; 1963, 194: 1; 1967, 400: 2; and 
1969, 460: 3, by striking out said paragraph and inserting in place thereof 
the following: 

(3) For the purposes of paragraphs (1) and (2) above: The term 
"wages" shall include compensation for temporary partial disability under 
the workmen's compensation law of any state or under a similar law of the 
United States, payments in lieu of notice, a sickness or separation allow- 
ance, payment of accrued leave or sums of whatever type or nature, pay- 
ments upon discharge from military service from either the state or 
federal government, or both, and earnings from self-employment. Wages 
and^or earnings shall be deemed to have been received in such week or 
weeks in which earned, or, if not clearly identifiable, then for such week 
or weeks as the commissioner may find such can be reasonably said to 
apply. An individual's maximum weekly benefit amount shall be reduced by 
all wages and earnings in excess of twenty percent, rounded to the nearest 
dollar, of his maximum weekly benefit amount. Wages and^or earnings 
shall be rounded to the nearest dollar. Benefits shall not be reduced in any 
part by any sum paid pursuant to an arbitration award, or any similar pay- 
ment under any state or federal statute, or vacation pay paid subsequent 
to the vacation period where there was not entitlement to the vacation pay 
at the time of the employer's plant closing, or any retroactive payment 
made by reason of the establishment or adjustment of a piece or hourly 
rate, or pay for a New Hampshire legal holiday or any full day which 
management, under a contract or otherwise, observes as a so-called holiday 
with a general closing of its business, provided that the total number of 
paid legal holidays and paid so-called holidays does not exceed in a calendar 
year the total number of legal holidays, and with respect to such days as 
are not legal holidays section 3-C of this chapter shall not apply. 

156:14 Annual Earnings. Amend RSA 282:1, 0(2) (supp) as 
amended by 1961, 88: 6; 1963, 194: 2; and 1967, 400: 3, by inserting at the 
end thereof the following: (based on a claim involving such an employer.) 
so that said paragraph as amended shall read as follows : 

(2) "Annual earnings" shall be the wages, to the nearest dollar, 
earned during each base period from an employer by an individual in em- 
ployment in New Hampshire, and an amount equivalent to the average 
weekly wage, as determined under the New Hampshire Workmen's Com- 
pensation statute, for each week that an individual has been found by 
either the labor commissioner or a court to be entitled to receive work- 
men's compensation based on a claim involving such an employer. 

156:15 Definition of Employment. Amend RSA 282:1 by inserting 
after subsection R the following new subsection : 

S. The term "employment" shall include the service of an individual who 
is a citizen of the United States, performed outside the United States, except 



1971] Chapter 156 131 

in Canada or the Virgin Islands, after December 31, 1971 in the employ of 
an American employer, if : 

(1) The employer's principal place of business in the United States 
is located in this state ; or 

(2) The employer has no place of business in the United States, but 

(a) the employer is an individual who is a resident of this state; 
or 

(b) the employer is a corporation which is organized under the 
laws of this state ; or 

(c) the employer is a partnership or a trust and the number of the 
partners or trustees who are residents of this state is greater than the 
number who are residents of any one other state ; or 

(3) None of the criteria of paragraphs (1) and (2) of this subsection 
is met but the employer has elected coverage in this state or, the employer 
having failed to elect coverage in any state, the individual has filed a 
claim for benefits, based on such service, under the law of this state. 

(4) An "American employer," for purposes of this subsection, means 
a person who is : 

(a) an individual who is a resident of the United States ; or 

(b) a partnership if two-thirds or more of the partners are resi- 
dents of the United States ; or 

(c) a trust, if all of the trustees are residents of the United States ; 
or 

(d) a corporation organized under the laws of the United States 
or of any state. 

156:16 Definition of Employment. Amend RSA 282:1 by inserting 
after subsection S the following new subsection: 

T. "Institution of higher education" means an educational institution 
which : 

(1) Admits as regular students only individuals having a certificate 
of graduation from a high school, or the recognized equivalent of such a 
certificate ; 

(2) Is legally authorized in this state to provide a program of educa- 
tion beyond high school; 

(3) Provides an educational program for which it awards a bachelor's 
or higher degree, or provides a program which is acceptable for full credit 
toward such a degree, or offers a program of training to prepare students 
for gainful employment in a recognized occupation ; and 

(4) Is a public or other non-profit institution. 

156:17 Unemployment Compensation Benefits. Amend RSA 282:2, 
B(l) (supp) as amended by 1955, 7:1; 1959, 28: 1; 1961, 88: 7 and 228: 1; 
1963, 194: 3; 1965, 208: 1; 1967, 400: 4; and 1969, 460: 4, by striking out 
said paragraph and inserting in place thereof the following : 

(1) The maximum weekly benefit amount and maximum benefits 
payable to an eligible individual in any benefit year shall be determined by 
his annual earnings, of which in each of two calendar quarters he must 
have earned not less than one hundred dollars, as follows : 



132 Chapter 156 [1971 





Chapter 156 




Annual Earnings 


Maximum 


Weekly 


Maximum 


of Not Less Than 


Benefit Amount 


Benefits 


$ 600 


$14 




$ 364 


900 


17 




442 


1,200 


21 




546 


1,500 


23 




598 


1,700 


26 




676 


2,000 


30 




780 


2,300 


33 




858 


2,600 


36 




936 


2,800 


39 




1,014 


3,000 


43 




1,118 


3,200 


44 




1,144 


3,400 


46 




1,196 


3,600 


48 




1,248 


3,900 


49 




1,274 


4,200 


51 




1,326 


4,500 


55 




1,430 


4,800 


58 




1,508 


5,100 


60 




1,560 


5,400 


63 




1,638 


5,700 


66 




1,716 


6,000 


69 




1,794 


6,300 


72 




1,872 


6,600 


75 




1,950 



156:18 State-Federal Extended Benefits. Amend RSA 282:2 by 
inserting after subsection G the following new subsection: 

H. State-Federal Extended Benefit Program. 

(1) Definitions. As used in this subsection, unless the context clearly 
requires otherwise, 

(a) "Extended benefit period" means a period which begins with 
the third week after whichever of the following weeks occurs first: (i) 
a week for which there is a national "on" indicator, or (ii) a week for 
which there is a N.H. "on" indicator ; and ends with either of the follow- 
ing weeks, whichever occurs later: (iii) the third week after the first 
week for which there is both a national "off" indicator and a N.H. "off" 
indicator, or (iv) the thirteenth consecutive week of such period; Pro- 
vided that no extended benefit period may begin by reason of a N.H. 
"on" indicator before the fourteenth week following the end of a prior 
extended benefit period which was in effect with respect to this state. 
Provided further that no extended benefit period may become effective 
in this state prior to February 21, 1971, that within the period beginning 
on such date and ending on December 31, 1971, an extended benefit 
period may become effective and be terminated in this state solely by 
reason of a state "on" and a state "off" indicator respectively. 

(b) There is a "national 'on' indicator" for a week if the U.S. 
Secretary of Labor determines that for each of the three most recent 
completed calendar months ending before such week, the rate of insured 
unemployment (seasonally adjusted) for all states equaled or ex- 
ceeded 4.5 percent. 

(c) There is a "national 'off' indicator" for a week if the U.S. 
Secretary of Labor determines that for each of the three most recent 



1971] Chapter 156 133 

completed calendar months ending before such week, the rate of insured 
unemployment (seasonally adjusted) for all states was less than 4.5 
percent. 

(d) There is a "N.H. 'on' indicator" for this state for a week if the 
commissioner determines, in accordance with the regulations of the US. 
Secretary of Labor, that for the period consisting of such week and the 
immediately preceding twelve weeks, the rate of insured unemployment 
(not seasonally adjusted) under this chapter: 

(1) equaled or exceeded 120 percent of the average of such rates 
for the corresponding 13-week period ending in each of the preceding 
two calendar years, and 

(2) equaled or exceeded 4 percent. 

(e) There is a "N.H. 'off' indicator" for this state for a week if the 
commissioner determines, in accordance with the regulations of the U.S. 
Secretary of Labor, that for the period consisting of such week and the 
immediately preceding twelve weeks, the rate of insured unemployment 
(not seasonally adjusted) under this chapter: 

(1) was less than 120 percent of the average of such rates for 
the corresponding 13-week period ending in each of the preceding 
two calendar years, or 

(2) was less than 4 percent. 

(f) "Rate of insured unemployment," for purposes of subpara- 
graphs (d) and (e) of this paragraph, means the percentage derived by 
dividing the average weekly number of individuals filing claims in this 
state for weeks of unemployment with respect to the most recent 
13-consecutive-week period, as determined by the commissioner on the 
basis of his reports to the U.S. Secretary of Labor, by the average 
monthly employment covered under this chapter for the first four of 
the most recent six completed calendar quarters ending before the end 
of such 13-week period. 

(g) "Regular benefits" means benefits payable to an individual 
under this chapter or under any other state law, including benefits pay- 
able to Federal civilian employees and to ex-servicemen pursuant to 5 
U.S.C. chapter 85, other than extended benefits and additional benefits. 

(h) "Extended benefits" means benefits, including benefits payable 
to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. 
chapter 85, payable to an individual under the provisions of this section 
for weeks of unemployment in his eligibility period. 

(i) "Eligibility period" of an individual means the period consist- 
ing of the weeks in his benefit year which begin in an extended benefit 
period and, if his benefit year ends within such extended benefit period, 
any weeks thereafter which begin in such period. 

(j) "Exhaustee" means an individual who, with respect to any week 
of unemployment in his eligibility period : 

(1) has received, prior to such week, all of the regular benefits 
that were available to him under this chapter or any other state law, 
including dependents' allowances and benefits payable to Federal 
civilian employees and ex-servicemen under 5 U.S.C. chapter 85, 
in his current benefit year that includes such week; provided that, 
for the purposes of this subparagraph, an individual shall be deemed 
to have received all of the regular benefits that were available to him 
although as a result of a pending appeal with respect to annual earn- 
ings and/or employment that were not considered in the original 



134 Chapter 156 [1971 

determination in his benefit year, he may subsequently be determined 
to be entitled to added regular benefits ; or 

(2) his benefit year having expired prior to such week, has no, or 
insufficient, annual earnings on the basis of which he could establish a 
new benefit year that would include such week ; and 

(3) has no right to unemployment benefits or allowances, as the 
case may be, under the Railroad Unemployment Insurance Act, the 
Trade Expansion Act of 1962, the Automotive Products Trade Act of 
1965 and such other Federal laws as are specified in regulations issued 
by the U.S. Secretary of Labor ; and has not received and is not seek- 
ing unemployment benefits under the unemployment compensation 
law of the Virgin Islands or of Canada; but if he is seeking such 
benefits and the appropriate agency finally determines that he is not 
entitled to benefits under such law he is considered an exhaustee. 

(k) "State law" means the unemployment compensation law of any 
state, approved by the U.S. Secretary of Labor under section 3304 of the 
Internal Revenue Code of 1954. 

(1) "Additional benefits" means benefits paid to exhaustees pur- 
suant to Laws, 1971, chapter 2, for weeks of unemployment ending 
prior to February 21, 1971. 

(2) Except when the result would be inconsistent with the other 
provisions of this subsection, as may be provided in the regulations of 
the commissioner, the provisions of this chapter which apply to claims 
for, or the payment of, regular benefits shall apply to claims for, a,nd 
the payment of, extended benefits. 

(3) An individual shall be eligible to receive extended benefits 
with respect to any week of unemployment in his eligibility period 
only if the commissioner finds that with respect to such week : 

(a) he is an "exhaustee" as defined in (1) (j) of this subsection, 
and 

(b) he has satisfied the requirements of this chapter for the 
receipt of regular benefits that are applicable to individuals claim- 
ing extended benefits, including not being subject to a disqualifica- 
tion for the receipt of benefits. 

(4) The weekly extended benefit amount payable to an individual 
for a week of total unemployment in his eligibility period shall be an 
amount equal to the last maximum weekly benefit amount applicable 
to his annual earnings class during the applicable benefit year. 

(5) The total extended benefit amount payable to any eligible in- 
dividual with respect to his applicable benefit year, calculated on the 
benefit schedule applicable to him at the close of said year, shall be 
fifty percent of the total amount of regular benefits which were pay- 
able to him under this chapter during the applicable benefit year. 

(6) Whenever an extended benefit period is to become effective 
in this state as a result of a N.H. or a national "on" indicator, or an 
extended benefit period is to be terminated in this state as a result of 
N.H. and national "oflf" indicators, the commissioner shall make an 
appropriate public announcement. 

(7) Computations required by the provisions of (1) (f) of this 
subsection shall be made by the commissioner, in accordance with 
regulations prescribed by the U.S. Secretary of Labor. 

(8) The commissioner is hereby authorized and directed to take 
such action as he deems in the best interests of the state to obtain that 



1971] Chapter 156 135 

share of the cost of those benefits paid under this subsection which 
P.L. 91-373 provides to be paid to the state by the federal government. 
(9) In no event shall benefits payable under the laws of this state 
to any individual exceed with respect to any benefit year an amount 
equal to thirty-nine (39) times his m.aximum weekly benefit amount. 

156: 19 Benefit Ineligibility Condition. Amend RSA 282: 3 by insert- 
ing- after subsection E the following new subsection : 

F. He is not seeking benefits for any week commencing during the period 
l)etween two successive academic years, or, when the contract provides 
instead for a similar period between two regular but not successive terms 
during such period, if he has a contract to perform services in an instruc- 
tional, research or principal administrative capacity for an institution of 
higher education, for both of such academic years or both of such terms. 

156:20 Voluntary Leaving Disqualification Period Reduced. Amend 
RSA 282:4, A (supp) as amended by 1955, 141:9; 1957, 118:4; 1959, 
28: 2; 1965, 208: 3; 1967, 75: 1 and 400: 8; and 1969, 460: 6, by striking 
out said subsection and inserting in place thereof the following: 

A. Until he has earned in each of three weeks wages in employment as 
defined in section 1-H, except 1-H(4)(f), (g) or wages earned in a like 
manner in another state, equal to his weekly benefit amount computed in 
accordance with section 1-M(3), provided that said work and earnings 
requirement shall no longer be required following the twenty-sixth week 
after the week in which the act occurs, subsequent to the date : 

(1) He left his work voluntarily without good cause in accordance 
with rules and regulations of the commissioner. This subsection shall not 
apply and benefits shall be paid without regard thereto where an unem- 
ployed individual, not under a disqualification, accepts employment which 
would not have been deemed suitable work under subsection M of this 
section and terminates such employment within a period of not more than 
four (4) consecutive weeks of employment with or without good cause; 

(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. 

(2) He was discharged for misconduct connected with his work, if so 
found by the commissioner. 

156:21 Disqualification for Use of Drugs and Alcohol. Amend RSA 
282 : 4, C as amended by 1955, 141 : 9, by striking out said subsection and 
inserting in place thereof the following: 

C. It is further provided that an unemployed individual who has been 
discharged for intoxication or use of controlled drugs as defined in RSA 
318-B, VI of such degree and rate of occurrence as to seriously hamper or 
interfere with the individual's work, shall be disqualified for benefits and 
such disqualification shall continue for not less than four weeks nor more 
than twenty-six weeks from the date of the discharge, as may be de- 
termined by the commissioner. 

156:22 Disqualification Earnings Requirement. Amend RSA 282:4, 
J (supp) as amended by 1955, 141: 9; and 1967, 75: 2, by striking out said 
subsection and inserting in place thereof the following: 



136 Chapter 156 [1971 

J. For the eight weeks immediately preceding the week of expected date 
of childbirth as certified by a legally licensed physician, and thereafter 
until she earns in one week wages in employment as defined under section 
1-H, except 1-H(4) (f), (g) or wages earned in a like manner in another 
state, equal to her weekly benefit amount computed in accordance with 
section 1-M(3). 

156:23 Appeals to Court. Amend RSA 282:5, G(5) (supp) as 
amended by 1955, 141: 11; 1961, 88: 16 and 1969, 460: 10, by striking out 
said paragraph and inserting in place thereof the following: 

(5) Any interested party aggrieved by any decision in proceedings 
under section 14-D of this chapter may appeal to superior court in the 
manner provided in section 5-0(3) of this chapter. 

156: 24 Taxable Wages. Amend RSA 282: 6, A as amended by 1961, 
88: 17, by striking out said subsection and inserting in place thereof the 
following : 

A. Payment of Contributions. Contributions shall accrue and be- 
come payable by each employer for each calendar year, in which he is 
subject to this chapter, in an amount equal to 2.7 per centum, except as 
otherwise provided in subsection D of this section, of the wages paid for 
employment during such calendar year, provided that contributions on 
account of wages in excess of four thousand two hundred dollars which 
have been paid to an individual in any calendar year shall be paid only 
so long as such contributions may be credited by any employer against 
the tax imposed by the Federal Unemployment Tax Act, as amended. 
Such contributions shall become due and be paid by each employer to the 
commissioner of the department of employment security for the fund in 
accordance with such regulations as the commissioner of the department 
of employment security may prescribe, and shall not be deducted, in whole 
or in part, from the wages of individuals in such employer's employ; 
provided that the contributions of an employer becoming subject to the 
law within any calendar year shall be first due and payable after such 
employer has satisfied the conditions with respect to becoming an em- 
ployer. For the purposes of this subsection, the term wages shall include 
service subject to contribution under any employment security law of 
another state. 

Notwithstanding this subsection, any organization or group of organiza- 
tions, described in section 501(c)(3) and exempt under section 501(a) of 
the Internal Revenue Code, which becomes an employer under this act, 
may elect either to reimburse in the manner provided for the state 
in section 6, A-1 of this chapter, or to pay contributions as hereinabove 
provided; but such election shall be irrevocable for two calendar years. 
Any group of two or more employers which elects under the provisions of 
this paragraph to pool their separate accounts shall be required to do so 
under such regulations as may be promulgated by the commissioner, 
including appropriate bonding and fiscal safeguard requirements. 

In the payment of any contributions, a fractional part of a cent shall be 
disregarded unless it amounts to one-half cent or more in which case it 
shall be increased to one cent. 

156: 25 Payment of Unemployment Compensation to State Employees. 

Amend RSA 282 : 6, A-1 as inserted by 1957, 313 : 4 by striking out said 
subsection and inserting in place thereof the following: 



1971] Chapter 156 137 

A-1. Payment of Contributions by State. All other provisions of this 
chapter to the contrary notwithstanding, the liability of this state for 
benefits paid shall be as follows : In lieu of contributions required of other 
employers subject to this chapter the state shall pay into the unemploy- 
ment compensation fund an amount equivalent to the amount of regular 
benefits and one-half the amount of extended benefits paid to claimants who 
during the applicable period were paid wages by this state. If a claimant 
during such base period was employed by this state and by other employers 
subject to the provisions of this chapter, the amount to be paid into the 
unemployment compensation fund by this state with respect to such 
claimant shall be the amount of benefits received by the claimant which 
are in addition to such amount as the claimant was entitled to receive on 
the basis of the wages paid to such claimant by such other employers. The 
amount of payments required under this section to be made into the fund 
shall be ascertained by the commissioner of the department of employment 
security as soon as practicable after the end of each calendar month and 
shall, except as provided hereafter, be paid by the comptroller from funds 
appropriated therefor, provided that if said appropriation is not sufficient 
to make all such payments or no appropriation is made therefor they shall, 
upon warrant by the governor, be paid from the general funds of the state, 
out of any money not otherwise appropriated. If a claimant to whom 
benefits were paid was paid wages by the state during the base period 
from a special administrative fund provided for by law, into which monies, 
in addition to, or other than from the state treasury, are placed, the 
payment into the unemployment compensation fund shall be made from 
such special administrative fund in the regular manner provided for dis- 
bursing such money. The payment by the state into the unemployment 
compensation fund shall be made at such times and in such manner as the 
commissioner of the department of employment security, with the 
approval of the state comptroller, may determine and prescribe. As to a 
hospital operated by the state, or a state institution of higher education as 
otherwise defined in this chapter, an election may be made for the period 
January 1, 1972 through December 31, 1974 either to reimburse as here- 
inabove provided or to pay contributions as provided in section 6 of this 
chapter; as of January 1, 1975 the method of payment shall be by 
reimbursement as hereinabove provided. 

156:26 Charge One-half of State-Federal Extended Benefits to Em- 
ployer's Separate Account. Amend RSA 282: 6, C(l) as amended by 1955, 
141: 12; and 1961, 88: 19, by striking out said paragraph and inserting in 
place thereof the following: 

(1) The commissioner shall maintain a separate account for each 
employer and shall credit his account with all contributions timely paid 
by him or on his behalf but nothing in this chapter shall be construed to 
grant any employer or individuals in his service prior claims or rights to 
the amounts paid by him into the fund, either on his owti behalf or on 
behalf of such individuals. Benefits paid to an ehgible individual shall be 
charged against the account of the claimant's most recent employer, in- 
cluding one-half of such benefits as are paid to an individual under section 
2-H of this chapter. Such benefits as may be paid under section 2-H of 
this chapter to an eligible individual based upon annual earnings from an 
employer identified under paragraphs A-1 and A-2 of this section, and from 
such employer as identified in section 1-H(4)(s) of this chapter, as may 



138 Chapter 156 [1971 

have elected to reimburse rather than to pay contributions shall be reim- 
bursed to the fund in an amount equal to one-half of such benefits prorated 
where applicable under section 6-A-3 of this chapter. 

156 : 27 Annual Payroll Required. Amend RSA 282 : 6, D (3) (c) (supp) 
as amended by 1955, 7:3 and 141 : 13 ; and 1969, 460 : 12, by striking out 
said subparagraph and inserting in place thereof the following: 

(c) It is further provided that no rate of less than 2.7 per centum 
shall be allowed in any case unless such employer had an annual payroll 
for the calendar year immediately preceding the computation date. 

156:28 Experience Election. Amend RSA 282:6, D(ll) (supp) as 
amended by 1965, 208 : 9 ; and 1969, 460 : 17, by striking out said paragraph 
and inserting in place thereof the following : 

(11) Notwithstanding any other provision of this chapter, an em- 
ployer whose contribution rate is determined to be 3.5 per centum or more 
may, on or before a computation date, elect to have his contribution rate 
thereafter computed on each computation date solely on the then most 
recent five calendar years' experience. Such election by an employer shall 
be irrevocable. Provided, that in the event of such election, no rate shall 
be assigned lower than 2.7 per centum at any time thereafter. 

156: 29 Contribution Rate. Amend RSA 282: 6, D by inserting after 
paragraph (14) the following new paragraph: 

(15) No employer assigned a rate under paragraph (10) hereof shall 
be entitled to any such rate reductions occasioned by fund balances as are 
provided in subsection D of this section. 

156 : 30 Mandatory Approval of Voluntary Coverage Applications. 

Amend RSA 282 : 7 by inserting after subsection C the following new sub- 
section : 

D. The commissioner shall allow voluntary coverage with respect to 
services performed in all hospitals or institutions of higher education as 
defined in this chapter, operated by any political subdivision of the state. 
Any political subdivision electing coverage under this subsection shall make 
payments in lieu of contributions with respect to benefits attributable to 
such employment. 

156: 31 Wage Combining Plan Authority. Amend RSA 282: 16 by in- 
serting after subsection C the following new subsection: 

D. The commissioner shall participate in any arrangements for the pay- 
ment of unemployment compensation on the basis of combining an indi- 
vidual's wages and employment covered under this chapter with his wages 
and employment covered under the unemployment compensation laws of 
other states and/or the United States of America which are approved by 
the United States Secretary of Labor in consultation with the state unem- 
ployment compensation agencies as reasonably calculated to assure the 
prompt and full payment of unemployment compensation in such situa- 
tions, and which include provisions for applying the base period of a single 
state law to a claim involving the combining of an individual's wages and 
employment covered under two or more state unemployment compensation 
laws or a federal unemployment compensation law, and avoiding duplicate 
use of wages and employment by reason of such combining. 



1971] Chapter 156 139 

156:32 Advisory Council on Unemployment Compensation to Study 
Allowances for Dependents. Due to the lack of data and information avail- 
able at this time, the advisory council on unemployment compensation is 
hereby directed to continue its study of the feasibility of paying, in addi- 
tion to unemployment compensation, to certain unemployed, allowances 
with respect to dependents, under RSA 282. 

156:33 Repeal. Laws of 1971, 2 providing- additional unemployment 
benefits is hereby repealed and benefits paid thereunder after February 20, 
1971 shall be deemed paid under sections 18 and 28 of this act. 

156:34 Appropriation. There is hereby appropriated to the comp- 
troller to make payments to the unemployment compensation fund pur- 
suant to the provisions of RSA 282 : 6, A-1 the sum of forty thousand 
dollars for fiscal 1971-72, which shall not lapse until June 30, 1973 and 
forty thousand dollars for fiscal 1972-73. The governor is authorized to 
draw his warrant for said sums out of any money in the treasury not other- 
wise appropriated. 

156:35 Repeal. RSA 282:3, D (supp) as amended by 1969, 460:5, 
relative to waiting period prior to the payment of benefits, is hereby 
repealed. 

156: 36 Waiting Period Requirement Removed. Amend the unnum- 
bered opening paragraph of RSA 282 : 4 as amended by 1955, 141 : 9, by 
striking out all after the word "benefits" in line two, so that said paragraph 
as amended shall read as follows: An individual shall be disqualified for 
benefits : 

156: 37 Eligibility. Amend RSA 282: 4, M (supp) as inserted by 1967, 
400 : 9 by adding at the end thereof the following new paragraph : 

(3) For the purposes of section 3304(a)(8) of the Internal Revenue 
Code of 1954, this sul3section, together with RSA 282 : 3-C shall be waived. 

156:38 Effective Date. The sections of this act shall take effect as 
follows : 

I. On February 6, 1971 sections 18, 26 and 32; 

II. On February 20, 1971 section 33 ; 

III. On April 1, 1971 sections 1, 3, 4, 13, 14, 17, 19, 20, 21, 22, 23. 27. 28, 
29,31,35, 36 and 37; 

IV. On July 1, 1971 section 34 ; 

V. On January 1, 1972 sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 24, 25 
and 30. 

[Approved June 4, 1971.] 

[Effective Date. The sections of this act shall take effect as follows : 

I. On February 6, 1971 sections 18, 26 and 32 ; 

II. On February 20, 1971 section 33; 

III. On April 1, 1971 sections 1, 3, 4, 13, 14, 17, 19, 20, 21, 22. 23. 27, 
28, 29, 31, 35, 36 and 37; 

IV. On July 1, 1971 section 34 ; 

V. On January 1, 1972 sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 24, 25 
and 30.] 



140 Chapter 157 [1971 

CHAPTER 157. 

AN ACT RELATIVE TO PROHIBITION OF CERTAIN VEHICLES WITHIN 
HIGHWAY RIGHTS-OF-WAY. 

Be it Enacted by the Senate a7id House of Representatives in General 
Court convened: 

157:1 Operation of Vehicles in Certain Areas Prohibited. Amend 
RSA 249 by inserting after section 51 the following new subdivision: 

Operation of Certain Vehicles [New] 

249 : 52 Prohibition of Certain Vehicles Within Highway Rights- 
of-Way. 

I. No person shall operate a motorbike, motorcycle, trailbike, all terrain 
vehicle, including four-wheel drive vehicles or other motorized two or three 
wheeled trail type vehicle and track type vehicles within or upon the 
rights-of-way adjacent to the travelled way of the interstate highway 
system, toll roads, or limited access highways of this state. 

II. It shall be unlawful for any person to operate a motorbike, motor- 
cycle, trailbike, all terrain vehicle, including four-wheel drive vehicles or 
other motorized two or three wheeled trail type vehicle and track type 
vehicles within or upon highway easements or rights-of-way adjacent to 
the travelled way of any class I or class III highway or state maintained 
portion of any class II highway with the following exceptions : 

(a) Emergency. In the event of an emergency, a person may operate 
one of the above motor vehicles in the right-of-way portion of such public 
highways provided, however, that an unregistered vehicle shall not be 
operated on the main travelled portion and paved shoulders of said high- 
way. 

(b) Adjacent to Public Highways. Whenever it is impracticable to 
gain immediate access to an area adjacent to a public highway where one of 
the above vehicles is to be operated, said vehicle may be operated within the 
right-of-way adjacent and parallel to such public highway over the shortest 
practical distance for the purpose of gaining access to the area of operation. 
This paragraph shall also apply to the operation of such vehicles to the 
point where the same are unloaded, from motorized conveyance to the area 
where the vehicle is to be operated, or from the area where operated to a 
motorized conveyance when such loading and unloading can not be effected 
in the immediate vicinity of the area of operation without causing a hazard 
to vehicular traffic approaching from either direction on said highway. 
Such loading or unloading must be accomplished with due regard to safety 
at the nearest possible point to the area of operation. 

(c) Crossing Highways. In crossing public highways, properly regis- 
tered motorbikes, motorcycles, trailbikes, all terrain vehicles, including 
four-wheel drive vehicles or other motorized two or three wheeled trail type 
vehicles and track type vehicles may cross the rights-of-way adjacent to the 
public highway as directly as possible, preferably at right angles provided 
that such crossing can be made in safety and does not interfere with the 
free movement of vehicular traffic approaching from either direction on 
such public highways. It shall be the responsibility of the operator of such 
vehicles to yield the right-of-way to all vehicular traffic upon any such way 
before crossing same. 



1971] Chapter 158 141 

249 : 53 Penalty. Whoever violates the provisions of RSA 249 : 52 shall 
be fined not more than one hundred dollars and, in addition, shall be liable 
for the cost of restoration of damages to the easement or right-of-way. 

157: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 
[Effective date August 3, 1971.] 



CHAPTER 158. 



AN ACT AUTHORIZING TOWN TREASURERS TO DEPOSIT MONEYS IN 
INSURED SAVINGS ACCOUNTS. 

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

158:1 Deposit in Insured Savings Accounts. Amend RSA 41:29 
(supp) as amended by 1959, 197 : 3 by inserting at the end thereof the 
following: (or in insured savings accounts of solvent banks in the state, 
except that said excess funds may be deposited in banks outside the state 
if such banks pledge and deliver to the state treasurer as collateral security 
for such deposits United States government obligations in value at least 
equal to the amount of the deposit in each case) so that said section as 
amended shall read as follows : 

41 : 29 Duties. The town treasurer shall have custody of all moneys 
belonging to the town, and shall pay out the same only upon orders of the 
selectmen. He shall deposit the same in solvent banks in the state, except 
that funds may be deposited in banks outside the state if such banks pledge 
and deliver to the state treasurer as collateral security for such deposits 
United States government obligations in value at least equal to the amount 
of the deposit in each case. The amount of collected funds on deposit in any 
one bank shall not at any time exceed the sum of its paid-up capital and 
surplus. The town treasurer shall keep in suitable books provided for the 
purpose a fair and correct account of all sums received into and paid from 
the town treasury, and of all notes given by the town, with the particulars 
thereof. At the close of each fiscal year he shall make a report to the town, 
giving a particular account of all his financial transactions during the year. 
He shall furnish to the selectmen statements from his books, and submit 
his books and vouchers to them and to the town auditors for examination, 
whenever so requested. Whenever the town treasurer has in his custody an 
excess of funds which are not immediately needed for the purpose of ex- 
penditure, he may with the approval of the selectmen invest the same in 
short term obligations of the United States, or in insured savings accounts 
of solvent banks in the state, except that said excess funds may be de- 
posited in banks outside the state if such banks pledge and deliver to the 
state treasurer as collateral security for such deposits United States gov- 
ernment obligations in value at least equal to the amount of the deposit in 
each case. 

158 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 
[Effective date August 3, 1971.] 



142 Chapter 159 [1971 

CHAPTER 159. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR INDEPENDENCE DAY. 

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

159: 1 Expenditure Authorized. Amend RSA 31: 4 by inserting after 
paragraph XLIII the following new paragraph : 

XLIV. Independence Day. To expend town funds for the celebration of 
Independence Day. 

159 : 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 

[Effective date August 3, 1971.] 



CHAPTER 160. 

AN ACT TO PROVIDE FOR HISTORIC DISTRICTS IN TOWNS WITHOUT ZONING. 

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

160:1 Towns Without Zoning. Amend RSA 31:89-k (supp) as in- 
serted by 1969, 169: 1 by striking out said section and inserting in place 
thereof the following new section: 

31 : 89-k Enforcement by Historic District Commission. In munici- 
palities which have established one or more historic districts pursuant to 
this subdivision, but which have no local zoning ordinances, the historic 
district commission shall have within the bounds of the historic district 
all the authority, powers and duties prescribed in this chapter for planning 
boards and zoning commissions insofar as such authority, powers and 
duties are within the intent of this subdivision. In such municipalities the 
requirement of conformity with the local zoning ordinance, as provided in 
RSA 31 : 89-b, shall not apply. In municipahties which do not have a plan- 
ning board, the requirements of RSA 31 : 89-b and 89-f relating to conform- 
ity with the comprehensive plan and the requirement of RSA 31 : 89-d that 
one member of the commission be a planning board member shall not 
apply. In municipalities which do not have a building inspector, the certifi- 
cate of approval of the commission, as provided in RSA 31 : 89-f, shall be 
the equivalent of a building permit. In municipalities which do not have a 
zoning board of adjustment, motions for rehearing and appeals from de- 
cisions of the historic district commission shall be governed by the provi- 
sions of RSA 31 : 74 through 87, insofar as applicable. 

160:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 

[Effective date August 3, 1971.] 



1971] Chapter 161 143 

CHAPTER 161. 

AN ACT CLARIFYING THE LAV/ RELATIVE TO THE BOARD OF TRUSTEES OF 
NEW HAMPSHIRE COLLEGES AND PROVIDING FOR A STUDENT MEMBER 

THEREOF. 

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

161:1 Appointment of Student Trustee. Amend RSA 187:5 (supp) 
as amended by 1963, 303 : 3 and 1965, 107 : 1 by striking out said section 
and inserting in place thereof the following: 

187:5 Of Colleges and University. The general government of the 
New Hampshire college of agi'iculture and the mechanic arts of the univer- 
sity of New Hampshire, of the Plymouth state college and of the Keene 
state college shall be vested in a single board of twenty-four trustees com- 
posed as follows and in accordance with the following conditions : 

I. Six ex-officio members namely ; the governor of the state, the commis- 
sioner of agriculture, the commissioner of education, the president of the 
university, the president of Plymouth state college and the president of 
Keene state college; 

II. Eleven members appointed by the governor with the advice and con- 
sent of the council ; 

HI. One member appointed by the governor with the advice and consent 
of the council who shall be a student enrolled at the New Hampshire college 
of agriculture and the mechanic arts of the university of New Hampshire, 
Plymouth state college or Keene state college for a term co-extensive with 
his continued enrollment as a student at any of said institutions; 

IV. Four members, at least one of whom shall be a resident of this state, 
elected by the alumni of the New Hampshire college of agriculture and the 
mechanic arts of the university of New Hampshire provided that no such 
trustee may be elected to more than two successive terms ; 

V. One member elected by the alumni of Keene state college ; 

VI. One member elected by the alumni of Plymouth state college ; 

VII. The terms of office of the appointed and elected members, except the 
student member appointed pursuant to paragraph HI, shall be four years ; 

VIII. The terms of the elected members shall end on June thirtieth ; 

IX. Each member, except the student member provided for by paragraph 
HI, shall hold office until his successor is appointed and qualified ; 

X. The appointment of successors or filling of vacancies for unexpired 
terms shall be by appointment or election in the same manner as provided 
above ; 

XL At all times, two members of said board shall be fanners ; 

XII. Trustees may be men or women ; 

XIII. Both major political parties shall be represented on said board. 

161 : 2 Organization and Compensation of Board. Amend RSA 187 by 
inserting after section 5 the following new section: 

187: 5-a [New] Chairman, Meetings, Quorum, Compensation. 

I. The board shall elect its own chairman annually. 



144 Chapter 162 [1971 

II. The board shall meet at such times and places as it may determine 
but shall hold at least one meeting each year at Keene state college and 
one at Plymouth state college. 

III. The chairman shall call special meetings upon the written request of 
any five members or on his own motion. 

IV. Twelve members shall constitute a quorum for the transaction of 
business but not less than fourteen affirmative votes shall be required to 
elect a college or university president. 

V. Members shall receive no compensation for their services but shall be 
reimbursed for expenses reasonably incurred by them in the performance 
of their duties. 

161 : 3 Terms of July 1, 1971 Appointees. Notwithstanding any provi- 
sions of RSA 187 to the contrary, the members of the board of trustees of 
the University of New Hampshire who are appointed by the governor to 
fill the six vacancies occurring because of the ending of the terms of office 
of six members on June 30, 1971, shall be appointed by him as follows: 

I. Three for a term expiring June 30, 1975 ; 

II. One for a term expiring June 30, 1976; 

III. One for a term expiring June 30, 1977; and 

IV. One as the student member provided for by RSA 187:5, III. 

161:4 Effective Date. This act shall take effect July 1, 1971. 
[Approved June 4, 1971.] 
[Effective date July 1, 1971.] 



CHAPTER 162. 



JOINT RESOLUTION PROVIDING FOR TAKING THE SENSE OF THE LEGAL 

VOTERS OF THE STATE ON THE QUESTION OF CALLING A 

CONSTITUTIONAL CONVENTION. 

Resolved by the Senate and House of Representatives in General Court 
convened: 

That the secretary of state is hereby directed to insert on the official 
ballots for the biennial election to be held in November 1972, the following 
question: "Shall there be a convention to amend or revise the constitu- 
tion?" The clerks of the several cities and towns of the state are directed 
to make due return of the votes taken in their respective cities and towns 
on the before mentioned question to the secretary of state. The secretary 
of state is hereby directed to make a complete return to the 1973 session 
of the general court of the number of ballots for and against the necessity 
of calling a constitutional convention. 

[Approved June 4, 1971.] 



1971] Chapter 163 145 

CHAPTER 163. 

AN ACT PROVIDING STANDARDS FOR THE MARKETING OF MAPLE SYRUP 

AND AUTHORIZING THE COMMISSIONER OF AGRICULTURE TO 

ENFORCE THESE STANDARDS. 

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

Court convened: 

163:1 New Chapter. Amend RSA by inserting after chapter 342 the 
following new chapter: 

CHAPTER 342-A [NEW] 
GRADING, MARKING AND SALE OF MAPLE SYRUP 

342-A: 1 Definitions. Terms used in this chapter shall be construed as 
follows unless a different meaning is clearly apparent from the language 
or context: 

I. "Maple syrup" means syrup made from pure maple sap and intended 
for human consumption or for use in the manufacture of maple products. 

II. "Person" means any individual, firm, partnership, corporation, asso- 
ciation, cooperative or business trust. 

III. "Grade" or "Grades" shall mean the standards for maple syrup : 

(a) Established by the commissioner of agriculture as the official 
grades for maple syrup produced in the state of New Hampshire as provided 
in RSA 428:1; 

(b) Established by the United States Department of Agriculture; or 

(c) Established by the laws of some other state if the maple syrup 
was produced in whole or in part in such other state. 

342-A : 2 Markings. Every container of maple syrup produced for sale, 
kept for sale, sold, offered, or exposed for sale vnthin the state shall be 
plainly and conspicuously marked as to the grade, net contents, and name 
and address of packer or distributor. 

342-A : 3 Advertising. Any person who uses a roadside sign within the 
state or uses a publication printed for use within the state for the 
purpose of advertising maple syrup and quotes a price therein shall include 
the grade of the syrup marked in a plain and conspicuous manner. 

342-A: 4 Rules and Regulations. The commissioner of agriculture 
shall have general authority to administer this chapter and shall make and 
may modify uniform rules and regulations for carrying out its provisions. 
He shall in person or by his deputy or agent have free access at all reason- 
able hours to any place, building, or vehicle in which maple syrup is sold, 
offered, or exposed for sale, or exchanged or distributed at retail, or 
wholesale. He shall also have power in person or by his deputy or agent 
to open any package or container, and may upon tendering the market price 
take such container and its contents or sample therefrom. 

342-A: 5 Hearings. When the commissioner of agriculture learns of 
any violation of any of the provisions hereof, he shall cause notice of such 
violations, together with the copy of his findings, to be given the person 



146 Chapter 164 [1971 

or persons concerned. Persons so notified may be given a hearing under 
rules and regulations prescribed by the commissioner. Notice of such 
hearing shall declare the date, hour and place of hearing. 

342-A: 6 Penalty. Any person violating any of the provisions of this 
chapter shall be fined not more than fifty dollars for the first offense and 
for each subsequent offense not more than two hundred dollars. 

342-A : 7 Interpretation. Nothing in this chapter shall be construed as 
interfering with the powers of the department of health and welfare, 
division of public health services, or with statutes relating to public health 
and sanitary inspection, production and distribution of food. 

163:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 

[Effective date August 3, 1971.] 



CHAPTER 164. 

AN ACT PROVIDING FOR VOLUNTEER PROBATION COUNSELLORS. 

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

164:1 Volunteer Probation Counsellors. Amend RS A 504 by inserting 
after section 18 the following new section: 

504:19 [New] Volunteer Counsellors. The director shall have the 
right, subject to regulation by the board, to appoint qualified volunteer 
sponsors, to assist probation officers in the supervision, guidance and 
rehabilitation of persons on probation. The volunteer sponsors shall be 
subject to regulations promulgated by the director, shall keep confidential 
all information in their possession relative to persons on probation, and 
shall serve without compensation. 

164:2 Effective Date. This act shall take effect sixty days after its 

passage. 

[Approved June 4, 1971.] 
[Effective date August 3, 1971.] 



CHAPTER 165. 



AN ACT INCREASING THE AUTHORIZED DEBT LIMIT OF THE PELHAM 
SCHOOL DISTRICT AND THE WINDHAM SCHOOL DISTRICT. 

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

165: 1 Pelham School District. Notwithstanding the provisions of 
RSA 33 : 4-a the Pelham school district may incur net indebtedness to an 



1971] Chapter 166 147 

amount at any one time outstanding not exceeding twelve percent of its 
valuation determined pursuant to RSA 33 : 4-b. 

165:2 Windham School District. Notwithstanding the provisions of 
RSA 33 : 4-a the Windham school district may incur net indebtedness to an 
amount at any one time outstanding not exceeding twelve percent of its 
valuation determined pursuant to RSA 33 : 4-b. 

165:3 Effective Date. This act shall take effect upon its passage. 

[Approved June 4, 1971.] 

[Effective date June 4, 1971.] 



CHAPTER 166. 

AN ACT RELATIVE TO THE USE OF CREDIT UNION FUNDS. 

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

166:1 Investment of Funds. Amend RSA 394:17 as amended by 
1955, 213: 1; 1959, 88: 1; 1963, 306: 5; 1965, 165: 1 and 1967, 61: 1 by 
striking out said section and inserting in place thereof the following: 

394:17 Use of Funds. While awaiting call of its members for loans, a 
credit union may make use of its funds as described in and according to the 
limitations of the following paragraphs: 

I. It may deposit its money in any cooperative bank, building and loan 
association, savings bank, trust company, federal savings and loan associa- 
tion or national bank in New England that is insured by either the Federal 
Deposit Insurance Corporation or the Federal Savings and Loan Corpora- 
tion ; 

II. By a majority vote of its board of directors, it may invest up to the 
insured amount in any cooperative bank, building and loan association, 
savings bank, trust company, federal savings and loan association, or 
national bank in the United States that is insured by either the Federal 
Deposit Insurance Corporation or the Federal Savings and Loan Corpora- 
tion ; 

III. By a majority vote of its board of directors, it 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; 

IV. 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 89-429, 80 Stat. 164, or of the state, or of any county, city 
or town of the state issued pursuant to authority of law ; 

V. It may invest in securities, obligations, participations, or other instru- 
ments of or issued by or fully guaranteed as to principal and interest by 
the United States or any agency thereof or in any trust or trusts estab- 
lished for investing directly or collectively in the same; 

VI. 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 administration and may 



148 Chapter 167 [1971 

purchase real estate mortgages secured by real estate in this state and in 
any state which are guaranteed by the United States government through 
the insured loan program of the farmer's home administration. It may be 
an originator or participating lender in participating loans as defined in 
RSA 387: 1, provided that its participation in such loans shall be within 
such limits as are prescribed in RSA 394: 16. 

166: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971,] 

[Effective date August 3, 1971.] 



CHAPTER 167. 



AN ACT RELATIVE TO UNPAID RENT FOR SAFE DEPOSIT BOXES. 

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

167: 1 Time After Which Action May Be Taken. Amend RSA 385: 1 
by striking out in line four the words "two years" and inserting in place 
thereof the words (six months) so that said section as amended shall read 
as follows: 

385 : 1 Rent Unpaid, Procedure. If the amount due for the rent or use 
of a box or safe in the vaults of a domestic corporation authorized to 
engage in the business of letting vaults, safes, and other receptacles shall 
not have been paid for six months, such corporation may cause to be 
mailed, postpaid, to the person in whose name such safe or box stands upon 
the books of such corporation and at his address as stated on said books, a 
notice stating that if the amount then due for the use or rent of such safe 
or box shall not be paid within sixty days from the date of such notice 
such corporation will cause the safe or box to be opened in the presence of 
its president, treasurer, or superintendent and of a notary public, and 
the contents thereof, if any, to be sealed up in a package and placed in one 
of the storage vaults of such corporation. 

167:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 

[Effective date August 3, 1971.] 



CHAPTER 168. 



AN ACT RELATIVE TO UNFAIR SALES PRACTICES AND THE ENFORCEMENT 

OF THE UNFAIR SALES ACT. 

Be it Enacted by the Senate and Hou^e of Representatives in General 
Court convened: 

168: 1 Attorney General to Enforce. Amend RSA 358: 4 by striking 
out the section and inserting in place thereof the following: 



1971] Chapter 169 149 

358 : 4 Superior Court Jurisdiction. Upon complaint of any person to 
the attorney general and upon a finding by him that the complaint has 
merit, the attorney general shall bring action in the name of the state to 
enforce, and restrain the violation of, this chapter. Said action shall be 
brought in the superior court which shall have jurisdiction to restrain and 
enjoin any act forbidden or declared illegal by any provision of this chapter. 

168:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1971.] 

[Effective date August 3, 1971.] 



CHAPTER 169. 



AN ACT RELATIVE TO THE FEES CHARGED IN THE REGISTRY OF DEEDS 

OF CARROLL COUNTY. 

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

169: 1 Register of Deeds. Amend RSA 478 by inserting after section 
17-e the following new section: 

478: 17-f [New] Fees. The registrar of deeds of Carroll county shall 
charge the following fees for documents recorded in, or services rendered 
by his ofRce. 

I. For recording deeds, mortgages, leases, agreements, attachments, and 
like documents, three dollars for the first recorded page plus two dollars 
each for the next two recorded pages, plus one dollar for each additional 
page or portion thereof in excess of three pages. However, if the instrument 
contains the names of more than four grantors or grantees in any combina- 
tion, an additional fee of fifty cents shall be charged for indexing the 
names of each additional grantor or grantee. 

II. For recording discharge or real estate attachment or marginal assign- 
ment, three dollars ; for release or discharge of the same, two dollars. 

III. For each transfer furnished pursuant to section 14 of this chapter, 
fifty cents. 

IV. For discharging mortgage or assignment, two dollars. 

V. For other documents, including but not limited to sales agreements, 
restrictions, covenants and easements, not otherwise provided for in this 
section, three dollars for the first recorded page, plus one dollar for each 
additional page. Documents covered under RSA 382-A are exempt from the 
provisions of this section. 

VI. For recording plans not in excess of twenty-four inches by thirty-six 
inches, three dollars. However, if the plan contains the names of more 
than four grantors or grantees in any combination, an additional fee of 
fifty cents shall be charged for indexing the names of each additional 
grantor or grantee. 

VII. For copying any document the price to be established and posted by 
the registrar of deeds. 



150 Chapter 170 [1971 

VIII. For examining the records at the request of any person, the price 
to be established and posted by the registrar of deeds. 

169: 2 Effective Date. This act shall take effect upon its passage. 

[Approved June 8, 1971.] 

[Effective date June 8, 1971.] 



CHAPTER 170. 

AN ACT RELATIVE TO UNAUTHORIZED INSURANCE. 

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

170:1 Exclusion from Insurance Business Clarified. Amend RSA 
406-B:2, 11(d) (supp) as inserted by 1967, 237:1, by inserting in line 
three after the word "reported" the words (and on which premium tax is 
paid) so that said paragraph, as amended, shall read as follows: 

(d) Transactions involving contracts of insurance independently pro- 
cured through negotiations occurring entirely outside of this state which 
are reported and on which premium tax is paid in accordance with section 
12. 

170:2 Collection of Premiums. Amend RSA 406-B:3 as inserted by 
1967, 237 : 1 by adding at the end thereof the following new sentence (In 
respect to the insurance of subjects resident, located or to be performed 
within this state this subsection shall not prohibit the collection of premium 
or other acts performed outside of this state by persons or insurers 
authorized to do business in this state provided such transactions and 
insurance contracts otherwise comply with statute) so that said section as 
amended shall read as follows: 

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 specific 
authorization of statute. In respect to the insurance of subjects resident, 
located or to be performed within this state this subsection shall not 
prohibit the collection of premium or other acts performed outside of this 
state by persons or insurers authorized to do business in this state provided 
such transactions and insurance contracts otherwise comply with statute. 

170: 3 Validity of Certain Contracts. Amend RSA 406-B: 8, I (supp) 
as inserted by 1967, 237 : 1 and amended by 1969, 260 : 4 by inserting in 
line three after the word "reported" the words (and on which premium tax 
is paid) so that said paragraph as amended shall read as follows: 

406-B: 8 Validity of Insurance Contracts. 

I. Except for lawfully procured surplus lines insurance and contracts of 
insurance independently procured, through negotiations occurring entirely 
outside of this state which are reported and on which premium tax is paid 
in accordance with section 12, any contract of insurance effective in this 
state and entered into by an unauthorized insurer is unenforceable by such 
insurer. In event of failure of any such unauthorized insurer to pay any 



1971] Chapter 170 151 

claim or loss within the provisions of such insurance contract, any person 
who assisted or in any manner aided directly or indirectly in the procure- 
ment of such insurance contract shall be liable to the insured for the full 
amount thereof pursuant to the provisions of such insurance contract. 

170:4 Premium Tax Revised. Amend RSA 406-B: 11, I as inserted 
by 1967, 237: 1 by striking out said paragraph and inserting in its place 
the following: 

406-B: 11 Unauthorized Insurance Premium Tax. 

I. Except as to premiums on lawfully procured surplus lines insurance 
and premiums on unauthorized insurance procured by industrial insurers on 
which a tax has been paid pursuant to RSA 406-B: 2, 11(g) and premiums 
on independently procured insurance on which a tax has been paid pursuant 
to RSA 406-B : 12, every unauthorized insurer shall pay to the commis- 
sioner before March first next succeeding the calendar year in which the 
insurance was so effectuated, continued or renewed a premium receipts tax 
of four per cent of gross premiums charged for such insurance other than 
marine insurance and a premium receipts tax of two per cent of gross 
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 performed in this state procured through negotiations or 
an application, in whole or in part occurring or made within or from withiin 
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 deemed to be insurance procured, or continued or renewed in this state. 
The term "premium" includes all premiums, membership fees, assessments, 
dues, and any other consideration for insurance. Such tax shall be in lieu of 
all taxes and fire department dues. On default of any such unauthorized 
insurer in the payment of such tax the insured shall pay the tax. If the tax 
prescribed by this subsection is not paid within the time stated, the tax 
shall be increased by a penalty of twenty-five per cent and by the amount 
of an additional penalty computed at the rate of one per cent per month 
or any part thereof from the date such payment was due to the date paid. 

170: 5 Unauthorized Insurance. Amend RSA 406-B: 12 as inserted by 
1967, 237: 1 by striking out said section and inserting in its place the 
following : 

406-B: 12 Independently Procured Insurance. 

I. Every insured who procures or causes to be procured or continues or 
renews insurance with any unauthorized insurer, or any insured or self- 
insurer who so procures or continues 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, continued, or renewed, file a 
report of the same with the commissioner in writing 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 coverage, the amount of premium correctly 
charged therefor, and such additional pertinent information as is reasonably 
requested by the commissioner. 



152 Chapter 170 [1971 

II. Any insurance in an unauthorized insurer of a subject of insurance 
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, shall be deemed to be insurance 
procured, or continued or renewed in this state within the intent of 
paragraph I. 

III. There is hereby levied upon the obligation, chose in action, or right 
represented by the premium charged for such insurance, a premium 
receipts tax of four per cent of gross premiums charged for such insurance 
other than marine insurance and a premium receipts tax of two per cent 
of gross premiums charged for such marine insurance. The term "premium" 
shall include all premiums, membership fees, assessments, dues, and any 
other consideration for insurance. Such tax shall be in lieu of ail taxes and 
fire department dues. The insured shall, before March first next succeeding 
the calendar year in which the insurance was so procured, continued, or 
renewed, pay the amount of the tax to the commissioner. In the event of 
cancellation and rewriting of any such insurance contract, the additional 
premium for premium receipts tax purposes shall be the premium in excess 
of the unearned premium of the cancelled insurance contract. 

IV. 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 deter- 
mining 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 written 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. 

V. If the insured fails to withhold from the premiums the amount of 
tax herein levied, the insured shall be liable for the amount thereof and 
shall pay the same to the commissioner within the time stated in paragraph 
III. If the tax prescribed by this subsection is not paid within the time 
stated in paragraph III, the tax shall be increased by a penalty of 
twenty-five per cent and by the amount of an additional penalty computed 
at the rate of one per cent per month or any part thereof from the date 
such payment was due to the date paid. 

VI. The attorney general, upon request of the commissioner, shall 
proceed in the courts of this or any other state or in any federal court or 
agency to recover such tax not paid within the time prescribed in this 
section. 

VII. This section shall not be construed or deemed to abrogate or modify 
any provision of this chapter. This section does not apply as to individual 
life or individual disability insurance. 

170:6 Effective Date. This act shall take effect January 1, 1972. 

[Approved June 8, 1971.] 

[Effective date January 1, 1972.] 



1971] Chapter 171 153 

CHAPTER 171. 

AN ACT TO EXTEND THE JURISDICTION OF POLICE IN THE APPREHENSION 

OF MOTOR VEHICLE REGULATION VIOLATORS TO INCLUDE 

SEMI-PUBLIC PARKING LOT. 

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

171:1 Jurisdiction; Parking Lots. Amend RSA 259:1, XXXV as 
amended by 1965, 274 : 1 by inserting in line four after word "use" the 
words (or any public or private parking lot which is maintained primarily 
for the benefit of paying customers) so that said paragraph as amended 
shall read as follows : 

XXXV. "Way," any public highway, street, avenue, road, alley, park or 
parkway, or any private way laid out under authority of statute, and ways 
provided and maintained by public institutions to which state funds are 
appropriated for public use, or any public or private parking lot which is 
maintained primarily for the benefit of paying customers. 

171: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 

[Effective date August 7, 1971.] 



CHAPTER 172. 



AN ACT RELATIVE TO REQUIREMENTS FOR OBTAINING A LICENSE FOR 

GRANTING SMALL LOANS. 

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

172: 1 Interest Rate Requirement. Amend RSA 399- A: 2, I as inserted 
by 1961, 245: 1 and amended by 1967, 416: 1 by striking out in line seven 
the word "six" and inserting in place thereof the word (ten) so that said 
paragraph as amended shall read as follows : 

I. No person shall, without first obtaining a license from the commis- 
sioner as hereinafter provided, engage in the business of making loans in 
amounts of five thousand dollars or less and contract for, exact or receive, 
directly or indirectly, in connection with any such loan any charges, 
whether for interest, compensation, brokerage, endorsement fees, con- 
sideration, expense or otherwise, which in the aggregate are greater than 
ten per cent per annum. 

172: 2 Unpaid Interest on Prior Loans. Amend RSA 399-A: 3, VI as 
inserted by 1961, 245: 1 and amended by 1967, 416: 5 by adding at the end 
thereof the following (However, if all or any part of the consideration for a 
loan contract is the unpaid principal balance of the prior loan with the 
same licensee then the loan contract may include unpaid interest of the 
prior loan which has accrued within sixty days of the making of the loan 
contract) so that said paragraph as amended shall read as follows: 

VI. No interest shall be paid, deducted, or received in advance. Interest 
shall not be compounded and shall be computed only on unpaid principal 



154 Chapter 172 [1971 

balances. For the purpose of computing interest, whether at the maximum 
rate or less, a month shall be considered a calendar month and, where a 
fraction of a month is involved, a day shall be considered one-thirtieth of a 
month. However, if all or any part of the consideration for a loan contract 
is the unpaid principal balance of the prior loan with the same licensee 
then the loan contract may include unpaid interest of the prior loan which 
has accrued within sixty days of the making of the loan contract. 

172:3 Increased Fees. Amend RSA 399-A: 12 as inserted by 1961, 
245 : 1 by striking out in line six the word "two" and inserting in place 
thereof the word (four) and by striking out in line eight the word "one" 
and inserting in place thereof the word (two) so that said section as 
amended shall read as follows: 

399-A: 12 Application and Fees. Application for a license shall be 
in writing, under penalty of perjury, and in the form prescribed by the 
commissioner. The application shall give the location where the 
business is to be conducted, and shall include the names and addresses of 
the partners, officers, directors, or trustees of the applicant. At the time o;f 
making such application, the applicant shall pay to the commissioner the 
sum of four hundred dollars as an annual license fee provided, that if the 
application is made after October first in any year the license fee shall be 
two hundred dollars. 

172:4 Limit on Loans Raised. Amend RSA 899-A:20, I as inserted 
by 1961, 245: 1 by striking out in line four the words "fifteen hundred" 
and inserting in place thereof the words (five thousand) so that said para- 
graph as amended shall read as follows : 

L The commissioner or his duly authorized representative may at any 
time and shall periodically investigate the business and examine the books, 
accounts, papers and records of each licensee pertaining to the business 
of making loans of five thousand dollars or less. 

172: 5 Limit on Loans Raised. Amend RSA 899-A: 20, II as inserted 
by 1961, 245: 1 by striking out in line nine the words "fifteen hundred" 
and inserting in place thereof the words (five thousand) so that said section 
as amended shall read as follows: 

II. The commissioner or his duly authorized representative may investi- 
gate at any time any person engaged in the business or participating in 
such business as principal, agent, broker, or otherwise ; or any person who 
the commissioner has reasonable cause to believe is violating or is about to 
violate any provision of this chapter, whether such person shall claim to 
be within the authority or beyond the scope of this chapter. Any person not 
exempt hereunder who shall advertise for, solicit or hold himself out as 
willing to make or procure loans in the amount of, or of the value of, five 
thousand dollars or less shall be presumed to be engaged in the business 
described in paragraph I, section 2, of this chapter. 

172:6 Effective Date. This act shall take effect upon its passage 
except section 3 shall take effect April 1, 1973. 

[Approved June 8, 1971.] 

[Effective date. Section 3 shall take effect April 1, 1973 and remainder of 
act effective June 8, 1971.] 



1971] Chapter 173 155 

CHAPTER 173. 

AN ACT EXTENDING THE TIME WITHIN WHICH PARI-MUTUEL 
POOLS MAY BE SOLD. 

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

173:1 Pari-Mutuel Pools. Amend the introductory paragraph of 
RSA 284:22 as amended by 1955, 74:1; 1957, 122:1; 1961, 34:1 by 
striking out in hne five the figure "1976" and inserting in place thereof the 
figure (1991) so that said paragraph as amended shall read as follows: 

Within the enclosure of any race track where is held a race or race meet 
licensed and conducted under this chapter, but not elsewhere, the sale of 
pari-mutuel pools by the licensee under such regulations as may be 
prescribed by said commission is hereby permitted and authorized during 
the calendar years 1941-1991, inclusive. 

173: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 

[Effective date August 7, 1971.] 



CHAPTER 174. 



AN ACT RELATIVE TO THE NAME OF COOPERATIVE BANKS, BUILDING 
AND LOAN ASSOCIATIONS OR SAVINGS AND LOAN ASSOCIATIONS. 

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

174:1 Name. Amend PvSA 393:3 as amended by 1959, 173:1 by 
inserting in line two after the word "bank" the words (savings and loan 
association) so that said section as amended shall read as follows: 

393 : 3 Name. The name assumed by the corporation shall indicate 
that it is a co-operative bank, savings and loan association or building and 
loan association, and shall not be one that is in use by any other corporation. 
Said name may be changed by an affirmative vote of two-thirds or more of 
the votes cast at an annual or special meeting of said association called to 
consider such action and v/ith the approval of the bank commissioner. Such 
change of name shall be recorded in the same manner as the original 
articles of incorporation. 

174: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 

[Effective date August 7, 1971,] 



156 Chapter 175 [1971 

CHAPTER 175. 

AN ACT RELATIVE TO THE CONTROL OF RADIATION. 

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

175:1 Nonionizing Radiation. Amend RSA 125:56 as inserted by 
1961, 60 : 1 and amended by 1963, 229 : 1 by striking out said section and 
inserting in place thereof the following: 

125 : 56 Public Policy. Whereas ionizing and nonionizing radiations 
and their sources can be instrumental in the improvement of health, 
welfare and productivity of the public if properly utilized, and may be de- 
structive of life if carelessly or excessively employed, or may impair the 
industrial and agricultural potentials of the state if improperly utilized, it 
is hereby declared to be the public policy of this state: 

I. To encourage the constructive use of radiation and to prohibit 
unnecessary radiation ; and 

II. To institute and maintain a regulatory program for sources of 
ionizing and nonionizing radiation so as to provide for (a) compatibility 
with the standards and regulatory programs of the federal government, 
(b) a single effective system of regulations within the state, and (c) a 
system consonant insofar as possible with those of other states; and 

III. To institute and maintain a program to permit development and 
utilization of sources of ionizing and nonionizing radiation for peaceful 
purposes consistent with the health and safety of the public. 

175:2 Nonionizing Radiation. Amend RSA 125:57 as inserted by 
1963, 229 : 1 by striking out said section and inserting in place thereof the 
following : 

125 : 57 Purpose. It is the purpose of this subdivision to effectuate 
the policies set forth in RSA 125 : 56 by providing for: 

I. A program of effective regulation of sources of ionizing and non- 
ionizing radiation for the protection of the occupational and public health 
and safety ; 

II. A program to promote an orderly regulatory pattern within the state, 
among the states and between the federal government and the state and 
facilitate intergovernmental cooperation with respect to use and regulation 
of sources of ionizing and nonionizing radiation to the end that duplication 
of regulation may be minimized; 

III. A program to establish procedures for assumption and performance 
of certain regulatory responsibilities v/ith respect to by-products, source 
and special nuclear materials ; and 

IV. A program to permit maximum utilization of sources of ionizing and 
nonionizing radiation consistent with the health and safety of the public. 

175: 3 Definition. Amend RSA 125: 58, II, as inserted by 1961, 60: 1 
and 1963, 229 : 1 by striking out said paragraph and inserting in place 
thereof the following: 

11. "Unnecessary radiation" means the use of gamma rays. X-rays, alpha 
and beta particles, high speed electrons, neutrons, protons, and other 
atomic or nuclear particles or rays or the use of nonionizing radiation, 



1971] Chapter 175 157 

including, but not limited to, microwave, ultraviolet light, and ultrasonic 
wave in such manner as may present a substantial hazard to the health 
of the people or the industrial or agricultural potentials of the state _ as 
determined by the consensus of opinion of competent scientific authorities. 

175:4 Definition. Amend RSA 125:58 by inserting after paragraph 
XI the following new paragraph: 

XII. "Nonionizing radiation" means any radiation which does not inter- 
act with matter in such a manner as to cause ionization. 

175: 5 Duty of An Agency. Amend RSA 125: 59, III as inserted by 
1963, 229 : 1 by striking out said paragraph and inserting in place thereof 
the following: 

III. The agency shall for the protection of the occupational and public 
health and safety: 

(1) Administer this subdivision and codes, rules, or regulations pro- 
mulgated hereunder ; 

(2) Develop and conduct comprehensive policies and programs for 
evaluation of hazards associated with use of sources of ionizing and non- 
ionizing radiation and for their amelioration; 

(3) Develop and conduct programs with due regard for compatibility 
with federal programs for regulation of by-product, source and special 
nuclear materials; 

(4) Have power to formulate and promulgate, amend and repeal codes 
and rules and regulations, including registration of sources of radiation as 
may be necessary to prohibit and prevent unnecessary radiation ; provided, 
however, that no such code, rule, regulation, amendment or repeal shall be 
adopted except after public hearing. Said public hearing shall be held by the 
department or its duly authorized representatives provided that thirty 
days' notice thereof shall be given by public advertisement stating the 
date, time and place of the hearing ; provided further that no such amend- 
ment or repeal shall be or become effective until thirty days after such 
public hearing. 

(5) Advise, consult, and cooperate with other agencies of the state, 
the federal governm.ent, other states and interstate agencies, political sub- 
divisions, industries, and with groups concerned with control of sources of 
ionizing and nonionizing radiation. 

(6) Issue such orders or modifications thereof as may be necessary 
in connection with proceedings under section 62 hereof. 

(7) Have the authority to accept and administer loans, grants or 
other funds or gifts, conditional or otherv/ise, in furtherance of its func- 
tions, from the federal government and from other sources, public or 
private. 

(8) Encourage, participate in, or conduct studies, investigations, 
training, research, and demonstrations relating to the control of radiation 
hazard, the measurement of radiation, the effects on health of exposure to 
radiation, and related problems as it may deem necessary or advisable for 
the discharge of its duties hereunder. 

(9) Collect and disseminate information relating to control of sources 
of ionizing radiation and nonionizing radiation including: 

(a) Maintenance of a file of all radioactive material license applica- 
tions, issuances, denials, amendments, transfers, renewals, modifications, 
suspensions and revocations; 



158 Chapter 175 [1971 

(b) Maintenance of a file of registrants possessing sources of 
ionizing radiation requiring registration under the provisions of this 
act and any administrative or judicial action pertaining thereto; and 

(c) Maintenance of a file of all rules and regulations relating to 
regulation of sources of radiation, pending or promulgated, and proceed- 
ings thereon, 

(10) Collect and disseminate health education information relating to 
radiation protection. 

(11) Review plans and specifications for radiation sources submitted 
pursuant to codes, rules or regulations promulgated hereunder. 

175:6 License Fee. Amend RSA 125:62, V (supp) as inserted by 
1965, 336 : 2 by striking out said paragraph and inserting in place thereof 
the following: 

V. The agency shall assess annual fees for the licensing and/or registra- 
tion of sources and devices emitting ionizing radiation in accordance with 
the following schedule: 

(a) Each individual user named on a specific license issued by the 
agency, except radiographers, teletherapy units, and manufacturers and/or 
distributors of devices containing radioactive material, ten dollars; 

(b) Radiographer employing radioactive material and licensed by the 
agency, fifty dollars; 

(c) Manufacturer and/or distributor of devices containing radioactive 
material and licensed by the agency, fifty dollars; 

(d) Teletherapy units, one hundred dollars ; 

(e) Diagnostic-type X-ray machine, including medical, medical fluoro- 
scopic, dental, chiropractic, veterinary, or similar uses, ten dollars; for 
each additional machine at the same location, five dollars; 

(f ) Therapeutic-type X-ray machines and particle accelerators capable 
of being operated at potentials not above 500,000 volts (per unit), twenty- 
five dollars; 

(g) Therapeutic-type X-ray machines and particle accelerators capable 
of being operated at potentials above 500,000 volts (per unit) , one hundred 
dollars ; 

(h) Industrial X-ray machine, including fluoroscopic, X-ray fluor- 
escence, and X-ray diffraction units (per unit), twenty-five dollars. 

175:7 Combination License. Amend RSA 125:62, VI, (supp) as 
inserted by 1965, 336 : 2 by striking out said paragraph and inserting in 
place thereof the following: 

VI. Any person or organization may elect to pay a combination license 
and registration fee of two hundred dollars in lieu of a multiplicity of 
separate license and/or registration fees. The combined fee shall cover all 
specific licenses and/or registrations issued to the person or organization 
for uses at one location or address by the agency. 

175 : 8 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 
[Effective date August 7, 1971.] 



1971] Chapter 176 159 

CHAPTER 176. 

AN ACT ENACTING AN INSURANCE HOLDING COMPANY ACT. 

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

176: 1 Holding- Companj^ Act Adopted. Amend RSA by inserting after 
chapter 401-A the following- new chapter: 

CHAPTER 401-B [NEW] 

INSURANCE HOLDING COMPANIES 

401-B: 1 Definitions. As used in this chapter, the following terms 
shall have the respective meanings hereinafter set forth, unless the context 
shall otherwise require: 

I. An "affiliate" of, or person "affiliated" with, a specific person, is a 
person that directly, or indirectly through one or more intermediaries, 
controls, or is controlled by, or is under common control with, the person 
specified. 

II. The term "commissioner" shall mean the insurance commissioner, his 
deputies, or the insurance department, as appropriate. 

III. The term "control" (including the terms "controlling", "controlled 
by" and "under common control with") means the possession, direct or 
indirect, of the power to direct or cause the direction of the management 
and policies of a person, whether through the ownership of voting 
securities, by contract other than a commercial contract for goods or non- 
management services, or otherwise, unless the power is the result of an 
official position with or corporate office held by the person. Control shall be 
presumed to exist if any person, directly or indirectly, owns, controls, holds 
with the power to vote, or holds proxies representing, ten percent or more 
of the voting securities of any other person. This presumption may be 
rebutted by a showing made in the manner provided by RSA 401-B : 4, IX 
that control does not exist in fact. The commissioner may determine, after 
furnishing all persons in interest notice and opportunity to be heard and 
making specific findings of fact to support such determination, that control 
exists in fact, notwithstanding the absence of a presumption to that effect. 

IV. An "insurance holding company system" consists of two or more 
affiliated persons, one or more of which is an insurer. 

V. "Insurer" shall include every person engaged in the business of 
entering into policies of insurance except that it shall not include: 

(a) Agencies, authorities or instrumentalities of the United States, 
its possessions and territories, the Commonwealth of Puerto Rico, the 
District of Columbia, or a state or political subdivision of a state, 

(b) Fraternal benefit societies, or 

(c) Nonprofit medical and hospital service associations. 

VI. A "person" is an individual, a corporation, a partnership, an associa- 
tion, a joint stock company, a trust, an unincorporated organization, any 
similar entity or any combination of the foregoing acting in concert, but 
shall not include any securities broker performing no more than the usual 
and customary broker's function. 

VII. A "security holder" of a specified person is one who owns any 
security of such person, including common stock, preferred stock, debt 



160 Chapter 176 [1971 

obligations, and any other security convertible into or evidencing the right 
to acquire any of the foregoing. 

VIII. A "subsidiary" of a specified person is an affiliate controlled by 
such person directly, or indirectly through one or more intermediaries. 

IX. The term "voting security" shall include any security convertible 
into or evidencing a right to acquire a voting security. 

401-B:2 Subsidiaries of Insurers. 

I. Authorization. Any domestic insurer, subject to approval of the 
commissioner, either by itself or in cooperation with one or more persons, 
subject to the limitations set forth herein or elsewhere in this title may 
organize or acquire one or more subsidiaries engaged in the following 
kinds of business: 

(a) Any kind of insurance business authorized by the jurisdiction in 
which it is incorporated; 

(b) Acting as an insurance broker or as an insurance agent for its 
parent or for any of its parent's insurer subsidiaries ; 

(c) Investing, reinvesting or trading in securities for its own account, 
that of its parent, any subsidiary of its parent, or any affiliate or 
subsidiary ; 

(d) Management of any investment company subject to or registered 
pursuant to the Investment Company Act of 1940, as amended, including 
related sales and services ; 

(e) Acting as a broker-dealer subject to or registered pursuant to the 
Securities Exchange Act of 1934, as amended; 

(f) Acting as administrative agent for and rendering investment 
advice to governments, government agencies, corporations or other organi- 
zations or groups; 

(g) Rendering other services related to the operations of an 
insurance business including, but not limited to, actuarial, loss prevention, 
safety engineering, data processing, accounting, claims, appraisal and 
collection services; 

(h) Ownership and management of assets which the parent corpora- 
tion could itself own or manage; 

(i) Acting as administrative agent for a governmental instru- 
mentality which is performing an insurance function; 

(j) Financing of insurance premiums, agents and other forms of 
consumer financing; 

(k) Any other business activity determined by the commissioner to 
be reasonably ancillary to an insurance business ; and 

(0 Owning a corporation or corporations engaged or organized to 
engage exclusively in one or more of the businesses specified in this section. 

II. Additional Investment Authority. In addition to investments in 
common stock, preferred stock, debt obligations and other securities per- 
mitted under any other chapters of this title, a domestic insurer may also : 

(a) Invest, in common stock, preferred stock, debt obligations, and 
other securities of one or more subsidiaries, amounts which do not exceed 
the lesser of five percent of such insurer's assets or fifty percent of such 
insurer's surplus as regards policyholders, provided that after such invest- 
ments the insurer's surplus as regards policyholders will be reasonable in 
relation to the insurer's outstanding liabilities and adequate to its financial 
needs. In calculating the amount of such investments, there shall be 
included : 



1971] Chapter 176 161 

(1) Total net monies or other consideration expended and obliga- 
tions assumed in the acquisition or formation of a subsidiary, including 
all organizational expenses and contributions to capital and surplus of 
such subsidiary whether or not represented by the purchase of capital 
stock or issuance of other securities, and 

(2) All amounts expended in acquiring additional common stock, 
preferred stock, debt obhgations, and other securities and all contribu- 
tions to the capital or suiTplus, of a subsidiary subsequent to its acquisi- 
tion or formation ; 

(b) When the insurer's total liabilities, as calculated for National As- 
sociation of Insurance Commissioners annual statement purposes, are less 
than ten percent of assets, invest any amount in common stock, preferred 
stock, debt obligations, and other securities of one or more subsidiaries, 
provided that after such investment the insurer's surplus as regards policy- 
holders, considering such investment as if it were a disallowed asset, will be 
reasonable in relation to the insurer's outstanding liabilities and adequate 
to its financial needs ; 

(c) Invest any amount in common stock, preferred stock, debt obli- 
gations and other securities of one or more subsidiaries provided that each 
such subsidiary agrees to limit its investments in any asset so that such 
investments will not cause the amount of the total investment of the insurer 
to exceed any of the investment limitations specified in RSA 401-B : 2, II, 
(a) or in RSA 402, 405 or 411 which are applicable to the insurer. For the 
purpose of this paragraph "the total investment of the insurer" shall 
include 

(1) Any direct investment by the insurer in an asset and 

(2) The insurer's proportionate share of any investment in an asset 
by any subsidiary of the insurer, which shall be calculated by multiply- 
ing the amount of the subsidiary's investment by the percentage of the 
insurer's ownership of such subsidiary; 

(d) With the approval of the commissioner, invest any amount in 
common stock, preferred stock, debt obligations, or other securities of one 
or more subsidiaries, provided that after such investment the insurer's sur- 
plus as regards policyholders will be reasonable in relation to the insurer's 
outstanding liabilities and adequate to its financial needs ; and 

(e) Invest any amount in the common stock, preferred stock, debt 
obligations, or other securities of any subsidiary exclusively engaged in 
holding title to or holding title to and managing or developing real or per- 
sonal property, if after considering as a disallowed asset so much of the 
investment as is represented by subsidiary assets which if held directly by 
the insurer would be considered as a disallowed asset, the insurer's surplus 
as regards policyholders v/ill be reasonable in relation to the insurer's out- 
standing liabilities and adequate to its financial needs, and if following 
such investment all voting securities of such subsidiary would be owned by 
the insurer. 

III. Qualification of Investment; Vv^hen Determined. Whether 
any investment pursuant to RSA 401--B : 2, II meets the applicable require- 
ments thereof is to be determined immediately after such investment is 
made, taking into account the then outstanding principal balance on all 
previous investments in debt obligations, and the value of all previous in- 
vestments in equity securities as of the date they were made. 

IV. Cessation of Control. If an insurer ceases to control a subsidiary, 
it shall dispose of any investment therein made pursuant to this section 



162 Chapter 176 [1971 

within three years from the time of the cessation of control or within such 
further time as the commissioner may prescribe, unless at any time after 
such investment shall have been made, such investment shall have met the 
requirements for investment under any other section of this chapter, and 
the insurer has notified the commissioner thereof. 

401-B: 3 Acquisition of Control of or Merger with Domestic Insurer. 

I. Filing Requirements. No person other than the issuer shall make a 
tender offer for or a request or invitation for tenders of, or enter into any 
agreement to exchange securities for, seek to acquire, or acquire, in the 
open market or otherwise, any voting security of a domestic insurer if, 
after the consummation thereof, such person would, directly or indirectly 
(or by conversion or by exercise of any right to acquire) be in control of 
such insurer, and no person shall enter into an agreement to merge with or 
otherwise to acquire control of a domestic insurer unless, at the tim.e any 
such offer, request, or invitation is made or any such agreement is entered 
into, or prior to the acquisition of such securities if no offer or agreement 
is involved, such person has filed with the commissioner and has sent to 
such insurer, and such insurer has sent to its shareholders, a statement 
containing the information required by this section and such offer, request, 
invitation, agreement or acquisition has been approved by the commis- 
sioner in the manner hereinafter prescribed. For purposes of this section : 
a domestic insurer shall include any other person controlling a domestic in- 
surer unless such other person is either directly or through its affiliates 
primarily engaged in business other than the business of insurance. 

II. Content of Statement. The statement to be filed with the com- 
missioner hereunder shall be made under oath or aflfirmation and shall con- 
tain the following information: 

(a) The name and address of each person by whom or on whose be- 
half the merger or other acquisition of control referred to in RSA 401-B : 3, 
I is to be effected (hereinafter called "acquiring party"), and 

(1) If such person is an individual, his principal occupation and all 
offices and positions held during the past five years, and any conviction 
of crimes other than minor traffic violations during the past ten years ; 

(2) If such person is not an individual, a report of the nature 
of its business operations during the past five years or for such lesser 
period as such person and any predecessors thereof shall have been in 
existence ; an informative description of the business intended to be done 
by such person and such person's subsidiaries ; and a list of all individ- 
uals who are or who have been selected to become directors or executive 
officers of such person, or who perform or will perform functions appro- 
priate to such positions. Such list shall include for each such individual 
the information required by RSA 401-B: 3, II, (a) (1). 

(b) The source, nature and amount of the consideration used or to 
be used in effecting the merger or other acquisition of control, a description 
of any transaction wherein funds were or are to be obtained for any such 
purpose, and the identity of persons furnishing such consideration, pro- 
vided, however, that where a source of such consideration is a loan made in 
the lender's ordinary course of business, the identity of the lender shall 
remain confidential, if the person filing such statement so requests. 

(c) Fully audited financial information as to the earnings and finan- 
cial condition of each acquiring party for the preceding five fiscal years 
of each such acquiring party (or for such lesser period as such acquiring 



1971] Chapter 176 163 

party and any predecessors thereof shall have been in existence) , and simi- 
lar unaudited information as of a date not earlier than ninety days prior to 
the filing of the statement. 

(d) Any plans or proposals which each acquiring party may have to 
liquidate such insurer, to sell its assets or merge or consolidate it with 
any person, or to make any other material change in Its business or corpo- 
rate structure or management. 

(e) The number of shares of any security referred to in RSA 401- 
B : 3, I which each acquiring party proposes to acquire, and the terms of 
the offer, request, invitation, agreement, or acquisition referred to in 
RSA 401-B : 3, I and a statement as to the method by which the fairness of 
the proposal was arrived at. 

(f) The amount of each class of any security referred to in RSA 
401-B: 3, I which is beneficially owned or concerning which there is a right 
to acquire beneficial ownership by each acquiring party. 

(g) A full description of any contracts, arrangements or understand- 
ings with respect to any security referred to in RSA 401-B: 3, I in which 
any acquiring party is involved, including but not limited to transfer of 
any of the securities, joint ventures, loan or option arrangements, puts or 
calls, guarantees of loans, guarantees against loss or guarantees of profits, 
division of losses or profits, or the giving or withholding of proxies. Such 
description shall identify the persons with whom such contracts, arrange- 
ments or understandings have been entered into. 

(h) A description of the purchase of any security referred to in RSA 
401-B : 3, I during the twelve calendar months preceding the filing of the 
statement, by any acquiring party, including the dates of purchase, names 
of the purchasers, and consideration paid or agreed to be paid therefor. 

(i) A description of any recommendations to purchase any security 
referred to in RSA 401-B : 3, I made during the twelve calendar months 
preceding the filing of the statement, by any acquiring party, or by anyone 
based upon interviews or at the suggestion of such acquiring party. 

(j) Copies of all tender offers for, requests or invitations for tenders 
of exchange offers for, and agreements to acquire or exchange any securi- 
ties referred to in RSA 401-B: 3, I and (if distributed) of additional 
soliciting material relating thereto. 

(k) The terms of any agreement, contract or understanding made 
with any broker-dealer as to solicitation of securities referred to in RSA 
401-B : 3, I for tender, and the amount of any fees, commissions or other 
compensation to be paid to broker-dealers with regard thereto. 

(/) Such additional information as the commissioner may by rule 
or regulation prescribe as necessary or appropriate for the protection of 
policyholders and security holders of the insurer or in the public interest. 
III. If the person required to file the statement referred to in RSA 
401-B : 3, I is a partnership, a limited partnership, syndicate or other 
group, the commissioner may require that the information called for by 
RSA 401-B: 3, II, (a) through (/) shall be given with respect to each 
partner of the partnership or limited partnership, each member of such 
syndicate or group, and each person who controls such partner or member. 
Where any partner, member or person is a corporation or a person re- 
quired to file the statement referred to in RSA 401-B: 3, I is a corporation, 
the commissioner may require that the information called for by RSA 
401-B: 3, II, (a) through (I) shall be given with respect to such corpora- 
tion, each officer and director of such corporation, and each person who is 



164 Chapter 176 [1971 

directly or indirectly the beneficial owner of more than ten percent of the 
outstanding voting securities of such corporation. 

IV. Changes. If any material change occurs in the facts set forth in the 
statement filed with the commissioner and sent to such insurer pursuant to 
RSA 401-B : 3, II or III, an amendment setting forth such change, to- 
gether with copies of all documents and other material relevant to such 
change, shall be filed with the commissioner and sent to such insurer 
within two business days after the person learns of such change. Such in- 
surer shall send such amendment to its shareholders. 

V. Alternative Filing Materials. If any offer, request, invitation, 
agreement or acquisition referred to in RSA 401-B : 3, I is proposed to be 
made by means of a registration statement under the Securities Act of 1933 
or in circumstances requiring the disclosure of similar information under 
the Securities Exchange Act of 1934, or under a state law requiring similar 
registration or disclosure, the person required to file said statement re- 
ferred to in RSA 401-B : 3, I may utilize such documents in furnishing the 
information called for by that statement. 

VI. Approval By Commissioner; Hearings. 

(a) The commissioner shall approve any merger or other acquisition 
of control referred to in RSA 401-B : 3, I unless, after a public hearing 
thereon, he finds that : 

(1) After the change of control the domestic insurer referred to 
in RSA 401-B : 3, I would not be able to satisfy the requirements for the 
issuance of a license to write the line or lines of insurance for which it 
is presently licensed ; 

(2) The effect of the merger or other acquisition of control would 
be substantially to lessen competition in insurance in this state or tend to 
create a monopoly therein; 

(3) The financial condition of any acquiring party is such as might 
jeopardize the financial stability of the insurer, or prejudice the inter- 
est of its policyholders or the interests of any remaining security holders 
who are unaffiliated with such acquiring party ; 

(4) The terms of the offer, request, invitation, agreement or acquisi- 
tion referred to in RSA 401-B : 3, I are unfair and unreasonable to the 
security holders of the insurer ; 

(5) The plans or proposals which the acquiring party has to liquidate 
the insurer, sell its assets or consolidate or merge it with any person, or 
to make any other material change in its business or corporate structure 
or management, are unfair and unreasonable to policyholders of the 
insurer and not in the public interest; or 

(6) The competence, experience and integrity of those persons who 
would control the operation of the insurer are such that it would not be 
in the interest of policyholders of the insurer and of the public to permit 
the merger or other acquisition of control. 

(b) The public hearing referred to in RSA 401-B: 3, VI, (a) shall 
be held within sixty days after the statement required by RSA 401-B: 3, I 
is filed and at least twenty days' notice thereof shall be given by the com- 
missioner to the person filing the statement. Not less than ten days' notice 
of such public hearing shall be given by the person filing the statement to 
the insurer and to such other persons as may be designated by the com- 
missioner. The insurer shall give such notice to its security holders. The 
commissioner shall make a determination within thirty days after the 
conclusion of such hearing. At such hearing, the person filing the state- 



1971] Chapter 176 165 

ment, the insurer, any person to whom notice of hearing was sent, and any 
other person whose interests may be affected thereby shall have the right 
to present evidence, examine and cross-examine witnesses, and offer oral 
and written arguments and in connection therewith shall be entitled to 
conduct discovery proceedings in the same manner as is presently allowed 
in the superior court of this state. All discovery proceedings shall be con- 
cluded not later than three days prior to the commencement of the public 
hearing. 

VII. Mailings to Shareholders; Payment of Expenses. All state- 
ments, amendments, or other material filed pursuant to RSA 401-B : 3, I, 
II and III, and all notices of public hearings held pursuant to RSA 
401-B : 3, VI, shall be mailed by the insurer to its shareholders within five 
business days after the insurer has received such statements, amendments, 
other material, or notices. The expenses of mailing shall be borne by the 
person making the filing. As security for the payment of such expenses, 
such person shall file with the commissioner an acceptable bond or other 
deposit in an amount to be determined by the commissioner. 

VIII. Exemptions. The provisions of this section shall not apply to: 

(a) Any offers, requests, invitations, agreements or acquisitions by 
the person referred to in RSA 401-B : 3, I, of any voting security referred 
to in said paragraph which, immediately prior to the consummation of 
such offer, request, invitation, agreement or acquisition, was not issued 
and outstanding; 

(b) Any offer, request, invitation, agreement or acquisition which 
the commissioner by order shall exempt therefrom as 

(1) Not having been made or entered into for the purpose and not 
having the effect of changing or influencing the control of a domestic 
insurer, or 

(2) As otherwise not comprehended within the purposes of this 
section. 

(c) Any acquisition of any voting security of a domestic insurer by 
spouses, issue, heirs, or next of kin of the owner acquiring the same by 
gift, will, appointment, or intestate succession. 

IX. Violations. The following shall be violations of this section: 

(a) The failure to file any statement, amendment, or other material 
required to be filed pursuant to RSA 401-B: 3, I, or II; or III. 

(b) The effectuation or any attempt to effectuate an acquisition of 
control of, or merger with, a domestic insurer unless the commissioner has 
given his approval thereto. 

X. Jurisdiction; Consent to Service of Process. The courts of this 
state are hereby vested with jurisdiction over every person not resident, 
domiciled, or authorized to do business in this state who files a statement 
with the commissioner under this section, and over all actions involving 
such person arising out of violations of this section, and each such person 
shall be deemed to have performed acts equivalent to and constituting an 
appointment by such a person of the commissioner to be his true and 
lawful attorney upon whom may be served all lawful process in any action, 
suit or proceeding arising out of violations of this section. Copies of all 
such lawful process shall be served on the commissioner and transmitted 
by registered or certified mail by the commissioner to such person at his 
last known address. 



166 Chapter 176 [1971 

401-B: 4 Registration of Insurers. 

I. Registration. Every insurer which is authorized to do business in 
this state and which is a member of an insurance holding company system 
shall register with the commissioner, except a foreign insurer subject to 
disclosure requirements and standards adopted by statute or regulation 
in the jurisdiction of its domicile which are substantially similar to those 
contained in this section. Any insurer which is subject to registration 
under this section shall register within sixty days after the 
effective date of this chapter or fifteen days after it becomes subject 
to registration, whichever is later, unless the commissioner for good 
cause shovv^n extends the time for registration, and then within such 
extended time. The commissioner may require any authorized insurer 
which is a member of a holding company system which is not subject to 
registration under this section to furnish a copy of the I'egistration state- 
ment or other information filed by such insurance company with the 
insurance regulatory authority of domiciliary jurisdiction. 

IT. Information and Form Required. Every insurer subject to regis- 
tration shall file a registration statement on a form provided by the com- 
missioner, which shall contain current information about: 

(a) The capital structure, general financial condition, ownership and 
management of the insurer and any person controlling the insurer; 

(b) The identity of every member of the insurance holding company 
system ; 

(c) The following agreements in force, relationships subsisting, and 
transactions currently outstanding between such insurer and its affiliates : 

(1) Loans, other investments, or purchases, sales or exchanges of 
securities of the affiliates by the insurer or of the insurer by its affiliates ; 

(2) Purchases, sales, or exchanges of assets; 

(3) Transactions not in the ordinary course of business; 

(4) Guarantees or undertakings for the benefit of an affiliate which 
result in an actual contingent exposure of the insurer's assets to liability, 
other than insurance contracts entered into in the ordinary course of the 
insurer's business; 

(5) All management and service contracts and all cost-sharing 
arrangements, other than cost allocation arrangements based upon 
generally accepted accounting principles ; and 

(6) Reinsurance agreements covering all or substantially all of 
one or more lines of insurance of the ceding company. 

(d) Other matters concerning transactions between registered 
insurers and any affiliates as may be included from time to time in any 
registration forms adopted or approved by the commissioner. 

III. Materiality. No information need be disclosed on the registration 
statement filed pursuant to RSA 401-B: 4, II, if such information is not 
material for the purposes of this section. Unless the commissioner by rule, 
regulation or order provides otherwise, sales, purchases, exchanges, loans 
or extensions of credit, or investments, involving one-half of one percent 
or less of an insurer's admitted assets as of the thirty-first day of December 
next preceding shall not be deemed material for purposes of this section. 

IV. Amendments to Registration Statements. Each registered 
insurer shall keep current the information required to be disclosed in its 
registration statement by reporting all material changes or additions on 
amendment forms provided by the commissioner within fifteen days 
after the end of the month in which it learns of each such change or 



1971] Chapter 176 167 

addition, provided, however, that subject to RSA 401-B : 5, III, each 
registered insurer shall so report all dividends and other distributions to 
shareholders within two business days following the declaration thereof. 

V. Termination of Registration. The commissioner shall terminate 
the registration of any insurer which demonstrates that it no longer is a 
member of an insurance holding company system. 

VI. Consolidated Filing. The commissioner may require or allow two 
or more affiliated insurers subject to registration hereunder to file a con- 
solidated registration statement or consolidated reports amending their 
consolidated registration statement or their individual registration state- 
ments. 

VII. Alternative Registration. The commissioner may allow an 
insurer which is authorized to do business in this state and which is part 
of an insurance holding company system to register on behalf of any 
affiliated insurer which is required to register under RSA 401-B: 4, I, 
and to file all information and material required to be filed under this 
section. 

VIII. Exemptions. The provisions of this section shall not apply to any 
insurer, information or transaction if and to the extent that the commis- 
sioner by rule, regulation, or order shall exempt the same from the 
provisions of this section. 

IX. Disclaimer. Any person may file with the commissioner a disclaimer 
of affiliation with any authorized insurer or such a disclaimer may be 
filed by such insurer or any member of an insurance holding company 
system. The disclaimer shall fully disclose all material relationships and 
bases for affiliation between such person and such insurer as well as the 
basis for disclaiming such affiliation. After a disclaimer has been filed, 
the insurer shall be relieved of any duty to register or report under this 
section which may arise out of the insurer's relationship with such person 
unless and until the commissioner disallows such a disclaimer. The commis- 
sioner shall disallow such a disclaimer only after furnishing all parties in 
interest with notice and opportunity to be heard and after making specific 
findings of fact to support such disallowance. 

X. Violations. The failure to file a registration statement or any 
amendment thereto required by this section within the time specified for 
such filing shall be a violation of this section. 

401-B: 5 Standards. 

I. Transactions with Affiliates. Material transactions by registered 
insurers with their affiliates shall be subject to the following standards : 

(a) The terms shall be fair and reasonable; 

(b) The books, accounts and records of each party shall be so main- 
tained as to clearly and accurately disclose the precise nature and details 
of the transactions ; and 

(c) The insurer's surplus as regards policyholders following any 
dividends or distributions to shareholder affiliates shall be reasonable in 
relation to the insurer's outstanding liabilities and adequate to its financial 
needs. 

II. Adequacy of Surplus. For the purposes of this paragraph, in deter- 
mining whether an insurer's surplus as regards policyholders is reasonable 
in relation to the insurer's outstanding liabilities and adequate to its 
financial needs, the following factors, among others, shall be considered: 



168 Chapter 176 [1971 

(a) The size of the msurer as measured by its assets, capital and 
surplus, reserves, premium writings, insurance in force and other appro- 
priate criteria ; 

(b) The extent to which the insurer's business is diversified among 
the several lines of insurance; 

(c) The number and size of risks insured in each line of business; 

(d) The extent of the geographical dispersion of the insurer's insured 
risks ; 

(e) The nature and extent of the insurer's reinsurance program; 

(f ) The quality, diversification, and liquidity of the insurer's invest- 
ment portfolio; 

(g) The recent past and projected future trend in the size of the 
insurer's surplus as regards policyholders; 

(h) The surplus as regards policyholders maintained by other 
comparable insurers; 

(i) The adequacy of the insurer's reserves; and 

(j) The quality and liquidity of investments in subsidiaries made 
pursuant to RSA 401-B: 3. The commissioner may treat any such invest- 
ment as a disallowed asset for purposes of determining the adequacy of 
surplus as regards policyholders whenever in his judgment such invest- 
ment so warrants. 

III. Dividends and Other Distributions. No licensed insurance com- 
pany shall pay any extraordinary dividend or make any other extraordinary 
distribution to its shareholders until 

(a) Thirty days after the commissioner has received notice of the 
declaration thereof and has not within such period disapproved such 
payment; or 

(b) The commissioner shall have approved such payment within such 
thirty day period. 

For the purposes of this paragraph, an extraordinary dividend or distribu- 
tion includes any dividend or distribution of cash or other property, whose 
fair market value together with that of other dividends or distributions 
made within the preceding twelve months exceeds the lesser of: 

(1) Ten percent of such insurer's surplus as regards policyholders 
as of the thirty-first day of December next preceding, or 

(2) The net gain from operations of such insurer, if such insurer 
is a life insurer, or the net investment income, if such insurer is not 
a life insurer, for the twelve month period ending the thirty-first day of 
December next preceding, but shall not include pro rata distributions 
of any class of the insurer's own securities. 

Notwithstanding any other provision of law, an insurer may declare an 
extraordinary dividend or distribution which is conditional upon the com- 
missioner's approval thereof, and such a declaration shall confer no rights 
upon shareholders until 

(aa) The commissioner has approved the payment of such divi- 
dend or distribution or 

(bb) The commissioner has not disapproved such payment 
within the thirty day period referred to above. 

401-B: 6 Examination. 

I. Power of Commissioner. Subject to the limitation contained in this 
paragraph and in addition to the powers which the commissioner has 
under title XXXVII relating to the examination of insurers, the commis- 
sioner shall also have the power to order any licensed insurer to produce 



1971] Chapter 176 169 

such records, books, or other information papers in the possession of the 
insurer or its affiliates as shall be necessary to ascertain the financial 
condition or legality of conduct of such insurer. In the event such insurer 
fails to comply with such order, the commissioner shall have the power 
to examine such affiliates to obtain such information. 

II. Purpose and Limitation of Examination. The commissioner shall 
exercise his power under RSA 401-B: 6, I, only if the examination of the 
insurer under title XXXVII is inadequate or the interests of the policy- 
holders of such insurer or of the public may be adversely affected. 

III. Use of Consultants. The commissioner may retain at the insurer's 
expense such attorneys, actuaries, accountants and other experts not 
otherwise a part of the commissioner's staff as shall be reasonably neces- 
sary to assist in the conduct of the examination under RSA 401-B : 6, I. 
Any persons so retained shall be under the direction and control of the 
commissioner and shall act in a purely advisory capacity. 

IV. Expenses. Each registered insurer producing for examination 
records, books and papers pursuant to RSA 401-B : 6, I, shall be liable for, 
and shall pay the expense of, such examination. 

401-B: 7 Confidential Treatment. All information, documents and 
copies thereof obtained by or disclosed to the commissioner or any other per- 
son in the course of an examination or investigation made pursuant to RSA 
401-B: 6 and all information reported pursuant to RSA 401-B: 4 shall be 
given confidential treatment and shall not be subject to subpoena and shall 
not be made public by the commissioner or any other person, except to 
insurance departments of other states, without the prior written consent 
of the insurer to which it pertains unless the commissioner, after giving 
the insurer and its affiliates who would be affected thereby, notice and 
opportunity to be heard, determines that the interests of policyholders, 
shareholders or the public will be served by the publication thereof, in 
which event he may publish all or any part thereof in such manner as he 
may deem appropriate. 

401-B: 8 Rules and Orders. Upon notice and opportunity for all inter- 
ested persons to be heard, the commissioner may issue such rules and 
orders as shall be necessary to carry out the provisions of this chapter. 

401-B: 9 Injunctions; Prohibitions Against Voting Securities; Seques- 
tration of Voting Securities. 

I, Injunctions. Whenever it appears to the commissioner that any 
insurer or any director, officer, employee or agent thereof has committed 
or is about to commit a violation of this chapter or of any rule, regulation, 
or order issued by the commissioner hereunder, the commissioner may 
apply to the superior court for the county in which the principal office of 
the insurer is located or if such insurer has no such office in this state then 
to the superior court for Merrimack county for an order enjoining such 
insurer or such director, officer, employee or agent thereof from violating 
or continuing to violate this chapter or any such rule, regulation or order, 
and for such other equitable relief as the nature of the case and the 
interests of the insurer's policyholders, creditors and shareholders or the 
public may require. 

II. Voting of Securities ; When Prohibited. No security which is the 
subject of any agreement or arrangement regarding acquisition, or which 
is acquired or to be acquired, in contravention of the provisions of this 



170 Chapter 176 [1971 

chapter or of any rule, regulation or order issued by the commissioner 
hereunder may be voted at any shareholders' meeting, or may be counted 
for quorum purposes, and any action of shareholders requiring the affirma- 
tive vote of a percentage of shares may be taken as though such securities 
were not issued and outstanding ; but no action taken at any such meeting 
shall be invalidated by the voting of such securities, unless the action would 
materially affect control of the insurer or unless the courts of this state 
have so ordered. If an insurer or the commissioner has reason to believe 
that any security of the insurer has been or is about to be acquired in 
contra,vention of the provisions of this chapter or of any rule, regulation 
or order issued by the commissioner hereunder the insurer or the com- 
missioner may apply to the superior court for Merrimack county or to 
the superior court for the county in which the insurer has its principal 
place of business to enjoin any offer, request, invitation, agreement or 
acquisition made in contravention of RSA 401-B : 5 or any rule, regulation, 
or order issued by the commissioner thereunder to enjoin the voting of 
any security so acquired, to void any vote of such security already cast at 
any meeting of shareholders, and for such other equitable relief as the 
nature of the case and the interests of the insurer's policyholders, creditors 
and shareholders or the public may require. 

III. Sequestration of Voting Securities. In any case where a person 
has acquired or is proposing to acquire any voting securities in violation 
of this chapter or any rule, regulation or order issued by the commissioner 
hereunder, the superior court for Merrimack county or the superior court 
for the county in which the insurer has its principal place of business may, 
on such notice as the court deems appropriate, upon the application of the 
insurer or the commissioner seize or sequester any voting securities of the 
insurer owned directly or indirectly by such person, and issue such orders 
with respect thereto as may be appropriate to effectuate the provisions of 
this chapter. Notwithstanding any other provisions of law, for the 
purposes of this chapter, the situs of the ownership of the securities of 
domestic insurers shall be deemed to be in this state. 

401-B: 10 Criminal Proceedings. 

I. Whenever it appears to the commissioner that any insurer or any 
director, officer, employee or agent thereof has committed a wilful violation 
of this chapter the commissioner may request the county attorney to 
institute criminal proceedings in the superior court for the county in which 
the principal office of the insurer is located or if such insurer has no such 
office in the state, then in the superior court for Merrimack county against 
such insurer or the responsible director, officer, employee or agent thereof. 
Any insurer which wilfully violates this chapter may be fined not more 
than fifty thousand dollars. Any individual who wilfully violates this 
chapter may be fined not more than ten thousand dollars or, if such wilful 
violation involves the deliberate peiiDetration of a fraud upon the commis- 
sioner, imprisoned for not more than five years or both. 

401-B: 11 Receivership. Whenever it appears to the commissioner 
that any person has committed a violation of this chapter which so 
impairs the financial condition of a domestic insurer as to threaten insol- 
vency or make the further transaction of business by it hazardous to its 
policyholders, creditors, shareholders or the public, then the commissioner 
may proceed as provided in RSA 402-C to take possession of the property 
of such domestic insurer and to conduct the business thereof. 



1971] Chapter 176 171 

401-B: 12 Revocation; Suspension, or Nonrenewal of Insurer's License. 

Whenever it appears to the commissioner that any person has committed a 
violation of this chapter which makes the continued operation of an insurer 
contrary to the interests of policyholders or the public, the commissioner 
may, after giving notice and opportunity to be heard, determine to suspend, 
revoke or refuse to renew such insurer's license or authority to do business 
in this state for such period as he finds is required for the protection of 
policyholders or the public. Any such determination shall be accompanied 
by specific findings of fact and conclusions of law. 

401-B: 13 Plans for Acquisition of Minority Interests in Domestic Stock 
Insurance Companies. 

I. Any parent corporation directly or indirectly owning at least ninety- 
five percent of the aggregate issued and outstanding shares of all classes of 
voting stock of a domestic stock insurance company may, pursuant to a 
plan for acquisition of minority interests in such subsidiary, acquire all of 
its remaining issued and outstanding shares of voting stock, by exchange of 
stock, other securities, cash, other consideration or any combination 
thereof. 

II. The board of directors, trustees, or other governing body of the 
parent corporation may adopt a plan for the acquisition of minority 
interests in a subsidiary insurer. Every plan shall set forth: 

(a) The name of the company whose shares are to be acquired ; 

(b) The total number of issued and outstanding shares of each class 
of voting stock of the company, the number of its shares owned by the 
parent corporation and, if either of the foregoing is subject to change prior 
to the effective date of acquisition, the manner in which any change may 
occur ; 

(c) The terms and conditions of the plan, including the manner and 
basis of exchanging the shares to be acquired for shares or other securities 
of the parent corporation, for cash, other consideration, or any combination 
of the foregoing, the proposed effective date of acquisition and a statement 
clearly describing the rights of dissenting stockholders to demand 
appraisal ; 

(d) If the parent corporation is neither a domestic corporation nor an 
authorized insurer, its agreement to be bound by paragraph VI of this 
section and RSA 294 : 77 to 80 inclusive with respect to the plan, its consent 
to the enforcement against it in this state of the rights of stockholders 
pursuant to the plan, and a designation of the insurance commissioner as 
the agent upon whom process may be served against the parent corporation 
in the manner set forth in RSA 400 : 18 in any action or proceeding to 
enforce any such rights ; and 

(e) Such other provisions with respect to the plan as the board of 
directors, trustees or other governing body deems necessary or desirable, or 
v/hich the insurance commissioner may prescribe. 

III. Upon adoption of the plan, it shall be duly executed by the president 
and attested by the secretary, or the executive officers corresponding 
thereto, under the corporate seal of the parent corporation. Thereupon, a 
certified copy of the plan, together with a certificate of its adoption sub- 
scribed by such officers and affirmed by them as true under the penalties of 
perjury and under the seal of the parent corporation, shall be submitted to 
the insurance commissioner for his approval. The insurance com.missioner 
shall thereupon consider the plan and, if satisfied that it complies with this 
section, is fair and equitable and not inconsistent with law, he shall approve 



172 Chapter 176 [1971 

the plan. If the insurance commissioner disapproves the plan, notification 
of his disapproval, assigning the reasons therefor, shall be given in writing 
by him to the parent corporation. No plan shall take effect unless the 
approval of the insurance commissioner has been obtained. 

IV. If the insurance commissioner approves the plan, the parent corpora- 
tion shall deliver to each person who, as of the date of delivery, is a holder 
of record of stock to be acquired pursuant to the plan, a copy of the plan, 
or a summary thereof approved by the insurance commissioner in person 
or by depositing the same in the post office, postage prepaid, addressed to 
the stockholder at his address of record. On or before the date of acquisition 
proposed in the plan, the parent corporation shall file with the insurance 
commissioner a certificate, executed by its president and attested by its 
secretary, or the executive officers corresponding thereto, and subscribed 
by such officers and affirmed by them as true under the penalties of 
perjury, and under the seal of the parent corporation, attesting to com- 
pliance by the parent corporation with this subdivision. 

V. Upon compliance with this section, ownership of the shares to be 
acquired pursuant to the plan shall vest in the parent corporation on the 
date of acquisition proposed in the plan whether or not the certificates for 
such shares have been surrendered for exchange and the parent corporation 
shall be entitled to have new certificates registered in its name. Stock- 
holders whose shares have been so acquired shall thereafter retain only the 
right either to receive the consideration to be paid in exchange for their 
shares pursuant to the plan or to demand appraisal pursuant to paragraph 
VI. 

VI. A stockholder whose stock is acquired pursuant to this section and 
who elects to dissent from such acquisition shall, by complying with this 
paragraph and with RSA 294 : 77 to 80 inclusive, have the right to receive 
payment in cash for the fair value of his shares, subject to final approval 
by the insurance commissioner, by filing a written notice of his election to 
dissent and a demand for payment to him for his stock at its fair value with 
the parent corporation within thirty days after the delivery to him of 
either a copy of the plan or a summary thereof, pursuant to paragraph IV. 
For purposes of this paragraph, the reference in RSA 294 : 77 to "the date 
of such sale, lease, exchange or change" shall be deemed to include the 
date of deliverv of the plan or a summary thereof, as provided in paragraph 
IV. 

401-B: 14 Judicial Review; Mandamus. 

I. Any person aggrieved by any act, determination, rule, regulation, or 
order or any other action of the commissioner pursuant to this chapter may 
appeal therefrom to the superior court for Merrimack county. The court 
shall conduct its review without a jury and by trial de novo, except that if 
all parties, including the commissioner, so stipulate, the review shall be 
confined to the record. Portions of the record may be introduced by stipula- 
tion into evidence in a trial de novo as to those parties so stipulating. 

II. The filing of an appeal pursuant to this section shall stay the applica- 
tion of any such rule, regulation, order or other action of the commissioner 
to the appealing party unless the court, after giving such party notice and 
an opportunity to be heard, determines that such a stay would be detri- 
mental to the interests of policyholders, shareholders, creditors or the 
public. 

III. Any person aggrieved by any failure of the commissioner to act or 
make a determination required by this chapter may petition the superior 



1971] Chapter 177 173 

court for Merrimack county for a writ in the nature of a mandamus or a 
peremptory mandamus directing the commissioner to act or make such 
determination forthwith. 

401-B: 15 Conflict with Other Laws. Alllaws and parts of laws of this 
state inconsistent with this chapter are hereby superseded with respect to 
matters covered by this chapter. 

401-B: 16 Common Management. Nothing herein shall preclude an 
authorized insurer from having or sharing a common management or 
cooperative or joint use of personnel, property or services with one or more 
other persons under arrangements meeting the standards of RSA 401-B : 5, 
I and 11. 

176:2 Repeal. The following chapter and sections of RSA are hereby 
repealed : 

I. RSA 401-A as inserted by 1969, 292 : 1 and amended by 1970, 37 : 2 
relative to acquisition of domestic corporations, and 

II. RSA 403-A: 7, 8, 9, 10 and 11 as inserted by 1969, 293: 1 relative to 
disposal of assets. 

176: 3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 

[Effective date August 7, 1971.] 



CHAPTER 177. 



AN ACT RELATIVE TO QUALIFICATIONS FOR MEMBERS 
OF A SCHOOL BOARD. 

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

177:1 Administrators. Amend RSA 197:16 (supp) as amended by 
1965, 108: 1 by inserting in line four after the word "teacher" the v/ord 
(administrator) so that said section as amended shall read as follows : 

197: 16 Eligibility. No person shall be eligible to any school district 
office unless he is a voter in the district. No person holding office as a 
member of a school board shall at the same time act as district treasurer 
or auditor, nor shall any member of a school board be employed as a 
teacher, administrator or custodian in his district. 

177: 2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 

[Effective date August 7, 1971.] 



174 Chapter 178 [1971 

CHAPTER 178. 
AN ACT PROVIDING FOR THE RECOGNITION OF "MIDDLE SCHOOLS". 

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

178:1 Middle Schools Recognized. Amend RSA 189:25 as amended 
by 1963, 288: 1 by striking out said section and inserting in place thereof 
the following: 

189 : 25 Elementary School. An elementary school is any school in 
which the subjects taught are those prescribed by the state board for the 
grades kindergarten through eight of the public schools. However, a 
separate organization consisting of grades seven through nine, or any 
grouping of these grades, may be recognized as a junior high school and 
so approved by the board. Also a separate organization consisting of grades 
four through eight or any grouping of these grades may be recognized as 
a middle school and so approved by the state board. Any elementary school 
may include a kindergarten program which, if it is provided, shall precede 
the other elementary grades. 

178:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1971.] 
[Effective date August 7, 1971.] 



CHAPTER 179. 



AN ACT ESTABLISHING STATUTORY RIGHTS IN LIEU OF DOWER 

AND CURTESY. 

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

179: 1 Conveyance by Spouse. Amend RSA 460: 4 by striking out said 
section and inserting in place thereof the following: 

460 : 4 Conveyance of Real Estate. A married woman of full age may 
convey her real estate. A m.arried spouse, though not of full age, may 
join with her (his) husband or wife in release of homestead. 

179 : 2 Conveyance Barring Rights. Amend RSA 460 : 8 by striking 
out in line seven the words "dower, curtesy or" so that said section as 
amended shall read as follows : 

460 : 8 Conveyance Barring Homestead Rights. A married man or 
woman who is justifiably living apart from his or her spouse because such 
spouse has been guilty of conduct which constitutes cause for divorce, and 
who wishes to convey real estate, may apply by petition to the judge of 
probate for the county in which the real estate lies for a license to convey 
the same in such manner as to bar all rights of homestead therein to which 
such guilty spouse may then or thereafter be entitled. 

179 : 3 Procedure to Bar Conveyance Rights. Amend RSA 460 : 9 by 
striking out in line six the words "dower, curtesy or" so that said section 
as amended shall read as follows : 



1971] Chapter 179 175 

460 : 9 — Procedure, etc. Upon the filing of the petition, a citation to 
the other party to the marriage shall issue and service thereof shall be 
made as provided in chapter 550, RSA. If, after hearing, the judge is 
satisfied that the necessary cause for divorce is in existence and that no 
injustice will result, he may grant the license. A conveyance made under 
the license shall be a complete bar to all rights of homestead to which such 
guilty party may then or thereafter be entitled in the premises so conveyed. 

179:4 Spouse Under Guardianship. Amend RSA 462:21 by striking 
out in lines three and four the words "dower or curtesy and" so that said 
section as amended shall read as follows: 

462: 21 Joinder of Spouse. The wife or husband of a person under 
guardianship may join with the guardian in a deed for the conveyance of 
any real estate of the ward, and thereby release and waive homestead right. 

179 : 5 Waiver of Will. Amend RSA 464 : 3 by striking out said section 
and inserting in place thereof the following: 

464 : 3 Right of Waiver, etc. The guardian of a mentally incompetent 
person shall have the same right that his ward would have, if competent, 
to waive the provisions of a will in favor of his ward, intended to be in 
lieu of distributive share, and shall likewise have the power to release said 
ward's homestead right, and take for his ward the same property and 
rights that the ward would take and have if competent ; and such guardian 
shall have the same right to an extension of time within which such waiver 
may be filed, by permission of the judge of probate, that the ward, if com- 
petent, would have. 

179 : 6 Warranty Deed Form Corrected. Amend RSA 477 : 27 as 
amended by 1965, 125 : 2 by striking out the form for warranty deed and 
inserting in place thereof the following: 

(Form for warranty deed) 

, of County, State of , 

for consideration paid, grant to of Street, 

Town (City) of , County, State of , 

with warranty covenants, the (Description of land or 

interest being conveyed: incumbrances, exceptions, reservations, if any) 

, (wife) (husband) of said grantor, release to said grantee 
all rights of homestead and other interests therein. 

Witness hand and seal this day of , 19.... 
Witness : 

(Here add acknowledgment) 

179:7 Quitclaim Form Corrected. Amend RSA 477:28 as am.ended 
by 1965, 125 : 3 by striking out the form for quitclaim deed and inserting 
in place thereof the following : 

(Form for quitclaim deed) 

, of County, State , for 

consideration paid, grant to , of Street, 

Town (City) of County, State of , with quit- 

claim covenants, the (Description of land or interest therein 

being conveyed: incumbrances, exceptions, reservations, if any) 

, (wife) (husband) of said grantor, release to said gi'antee 
all rights of homestead and other interests therein. 



176 Chapter 179 [1971 

Witness hand and seal this day of 

, 19.... 
Witness : 

(Here add acknowledgment) 

179 : 8 Mortgage Form Corrected. Amend RSA 477 : 29 as amended by 
1965, 125 : 4 by striking out the form for mortgage deed, with power of sale 
and inserting in place thereof the following : 

(Form for mortgage deed, with power of sale) 

of County, State of for 

consideration paid, grant to of Street, 

Town (City) of , County, State of 

with mortgage covenants, to secure the payments of dollars, 

with per cent interest payable semiannually and also perform 

all the agreements and conditions as provided in note of even 

date, the 

(Description of land or interest therein being conveyed: incumbrances, 
reservations, exceptions, if any) 

This mortgage is upon the statutory conditions, for any breach of which 
the mortgagee shall have the statutory power of sale. 

(Wife) (husband) of said mortgagor, release all rights of 
homestead and other interests in the mortgaged premises. 

Witness hand and seal this day of 

, 19.... 
Witness : 

(Here add acknowledgment) 

179: 9 Superior Court; Equity. Amend RSA 498: 1 by striking out in 
lines four and five the words "the assignment of dower" so that said section 
as amended shall read as follows: 

498 : 1 Jurisdiction. The superior court shall have the powers of a 
court of equity in the following cases : Charitable uses, trusts, fraud, acci- 
dent and mistake; the affairs of partners, joint tenants or owners and 
tenants in common ; the redemption and foreclosure of mortgages ; contri- 
bution; waste and nuisance; the specific performance of contracts; dis- 
covery; cases in which there is not a plain, adequate and complete remedy 
at law, and in all other cases cognizable in a court of equity. 

179 : 10 Service of Writs. Amend RSA 510 : 2 by striking out said 
section and inserting in place thereof the following: 

510:2 Manner. All writs and other processes shall be served by giving 
to the defendent or leaving at his abode an attested copy thereof, except in 
cases otherwise provided for. 

179:11 Repeal. RSA 537 relative to the action of dower is hereby 
repealed provided that any rights of widows vested with choate rights of 
dower at the time this act becomes effective shall be enforced in the same 
manner as heretofore provided. 

179:12 Probate Judges. Amend RSA 547:5 by striking out said 
section and inserting in place thereof the following: 



1971] Chapter 179 177 

547: 5 Adoption; Homestead, etc. He has jurisdiction in relation to 
the adoption of children, the assignment of homestead in the estates of 
deceased persons, and as to trustees appointed by will, in the cases 
prescribed by law. 

179:13 Cases Requiring No Notice. Amend RSA 550:4, IX by 
striking out the words "of dower and" so that said paragraph as amended 
shall read as follows: 

IX. In the assignment of the homestead right. 

179:14 Cases Requiring No Notice. Amend RSA 550:4, XIII as 
inserted by 1957, 167: 2 by striking out said paragraph and inserting in 
place thereof the following: 

XIII. In licensing the mortgage of real estate pursuant to RSA 554: 
30-35. 

179: 15 Expenses of Assignment. Amend RSA 554: 20 by striking out 
in line two the words "and the widow's dower" so that said section as 
amended shall read as follows : 

554 : 20 Expenses of Assignment, etc. The expenses of assigning the 
homestead right of the division and assignment of the real estate, and of 
appointing guardians of minors and others incapacitated to take care of 
their interest, whether heirs or legatees, shall be chargeable as expenses of 
administration. 

179:16 License. Amend RSA 554:32 (supp) as inserted by 1957, 
167: 1 by striking out in line two the words "the widow's dower, and the 
widower's curtesy right" and inserting in place thereof the words (and 
other rights therein) so that said section as amended shall read as follows : 

554:32 [New] — License. The license shall include the homestead 
rights and other rights therein, upon consent in writing by the widow or 
widower of the decedent. 

179: 17 Sale of Reversions, etc. Amend RSA 559: 2 by striking out in 
line two the words "the widow's dower, or to" so that said section as 
amended shall read as follows: 

559 : 2 Sale of Reversions, etc. The license may extend to the reversion 
of the homestead right and of any interest in land whatever ; but any other 
estate than a present fee shall be particularly specified in the application, 
notice and license. 

179: 18 Sale by Consent. Amend RSA 559: 5 by striking out in lines 
six and seven the words "and widow's dower" and inserting in place thereof 
the words (and any other interest therein) so that said section as amended 
shall read as follows : 

559 : 5 Sale by Consent. Whenever it shall be necessary to sell real 
estate for the payment of debts the judge, on application of the administra- 
tor, with the assent of the widow or surviving husband, if any, and, if there 
is no widow or surviving husband, then with the assent of the guardian 
of the minor children, if any, may grant license for the sale of the whole 
real estate of the deceased, including the homestead right and any other 
interest therein, and the reversions thereof. 



178 Chapter 179 [1971 

179: 19 Making; Account. Amend RSA 560: 1 by striking out in line 
seven the words "section 11" and inserting in its place the following (RSA 
560: 10) so that said section as amended shall read as follows: 

560: 1 Making; Account. The judge may make to the widow of the 
person deceased, intestate, or testate, a reasonable allowance out of the 
personal estate, for her present support ; and, in the decree of distribution 
of the personal estate, the whole, or such part thereof as the judge may 
deem reasonable, shall be accounted as part of her distributive share ; and 
shall be so accounted when she elects to take one third or one half of the 
real estate, under the provisions of RSA 560 : 10. 

179: 20 Dower Right. Amend RSA 560: 3 by striking out said section 
and inserting in place thereof the following: 

560 : 3 Dower and Curtesy Abolished. Neither husband or wife, 
widower or widow, shall be vested with either choate or inchoate right of 
curtesy or dower in the real estate of his or her spouse. 

179: 21 Repeal. RSA 560: 4 through 9 relative to dower and curtesy 
rights are hereby repealed, 

179:22 Rights of Surviving Spouse. Amend RSA 560:10 (supp) as 
amended by 1957, 261 : 1, 2 by striking out said section and inserting in 
place thereof the following: 

560 : 10 Widow or Widower Surviving — Rights in Personalty and Real 
Estate. Upon the death of either husband or wife, intestate or if testate 
and the surviving spouse has elected to waive the homestead right and the 
provisions of the will in his or her favor, such surviving spouse shall be 
vested with the following portion of the estate remaining after the pay- 
ment of debts and expenses of administration. 

I. If there are children of the deceased surviving (whether by the sur- 
viving spouse or by previous marriage) or issue of any deceased children, 
one third part of the personalty and one third part of the real estate. 

II. If the decedent leaves no children or issue of any deceased children, 
but does leave mother or father or sister or brother surviving, ten thousand 
dollars in value thereof of personalty and ten thousand dollars in value 
of real estate, and also one half of the remainder above ten thousand dollars 
in each, the real estate to be assigned to the sui-viving spouse in the same 
manner as dower heretofore has been assigned. Where the inventory value 
of the real estate does not exceed ten thousand dollars the surviving spouse 
shall be entitled to the whole of said remainder and no assignment of the 
same shall be required unless some party in interest shall petition to the 
probate court therefor. 

III. If the decedent leaves no children or issue of any deceased children, 
nor mother or father, nor sister or brother surviving, ten thousand dollars 
of the value thereof, plus two thousand dollars for each full year from the 
date of marriage to decease of spouse, and also one half in value of the 
remainder above said sum computed as above, in the personalty, and the 
same in the real estate, the real estate to be assigned in the same manner 
as dower has heretofore been assigned. Where the inventory value of the 
real estate does not exceed ten thousand dollars the surviving spouse shall 
be entitled to the whole of said remainder and no assignment of the same 
shall be required unless some party in interest shall petition the probate 
court therefor. 



1971] Chapter 179 179 

IV. If the decedent leaves no children, nor heirs and next of kin, the sur- 
viving spouse shall take the whole of the personalty and the real estate in 
fee. 

179 : 23 Repeal. 

I. RSA 560: 11 (supp) as amended by 1957, 261: 3, 4 relative to widow's 
right to real estate is hereby repealed. 

II. RSA 560: 12 (supp) as amended by 1957, 261: 5, 6 relative to surviv- 
ing husband's right in personalty is hereby repealed. 

III. RSA 560: 13 (supp) as amended by 1957, 261: 7, 8 relative to surviv- 
ing husband's right in real estate is hereby repealed. 

179: 24 Waiver and Release. Amend RSA 560: 14 (supp) as amended 
by 1967, 227: 1 by striking out said section and inserting in place thereof 
the following : 

560 : 14 Waiver and Release. The waiver or release of the will and 
homestead right provided for in RSA 560 : 10 shall be made in writing and 
shall be filed in the probate office within six months after the appointment 
of an executor or administrator, and not afterwards, unless by permission 
of the judge of probate for good cause shown. Where real estate is involved, 
the waiver and release shall be recorded in the registry of deeds of the 
county where the real estate is situated. 

179: 25 Settlements on Wife. Amend RSA 560: 15 by striking out in 
line two the words ''right of dower" so that said section as amended shall 
read as follows : 

560: 15 Upon Wife. If a settlement was made upon the wife before 
marriage, which was stipulated to be in lieu of her homestead right, dis- 
tributive share, or either of them, in her husband's estate, it shall be en- 
forced by the court of probate, and the widow shall not be entitled to any 
right or rights in lieu of which the settlement was made. 

179: 26 Real Estate. Amend RSA 561: 1 by striking out said section 
and inserting in place thereof the following: 

561:1 Real Estate and Personalty. The real estate and personal estate 
of every person deceased, not devised or bequeathed, subject to the right of 
the surviving spouse under RSA 560, and to any homestead right, and 
liable to be sold by license from the court of probate in cases provided by 
law, and personalty remaining in the hands of the administrator on settle- 
ment of his account, shall descend in equal shares or be distributed by 
decree of the probate court: 

I. If the deceased is survived by a spouse, the remaining two-thirds 
interest to the children of the deceased and the issue of such of them as are 
dead. 

II. If there is no spouse surviving, the entire interest to the children of 
the deceased and the issue of such of them as are dead. 

III. If there be no children, or issue of any deceased children, to the 
father and mother in equal shares if both are living, and to the father or 
mother if one of them is deceased. 

IV. If there are no children, or issue of any deceased children, or father 
or mother, in equal shares to the brothers and sisters or their representa- 
tives. 



180 Chapter 179 [1971 

V. If there are no children, or issue of any deceased children, father, 
mother, brothers, sisters or their representatives, to the next of kin in 
equal shares. 

179: 27 Repeal. RSA 561 : 6 relative to personal estate not bequeathed 
is hereby repealed. 

179: 28 Escheat. Amend RSA 561: 8 by inserting at the end thereof 
the following (If as herein provided the surviving spouse is entitled to the 
estate, he or she may certify under oath, recorded in the registry of pro- 
bate, that to the best of his or her knowledge and belief the deceased was 
survived by no children, or issue of any deceased children, father or mother, 
grandfather or grandmother, brother or sister or their representatives, 
aunt or uncle, or first cousin, and if no heir or next of kin files an appear- 
ance in the estate within a period of three years of the date of appointment 
of the administrator such certificate shall be a conclusive presumption that 
no heir or next of kin exists who can affect the right of the surviving spouse 
to take under this section) so that said section as amended shall read as 
follows : 

561 : 8 Escheat, etc. If there be no heir, legatee, or devisee of an estate, 
the same shall accrue to the widow or widower, and if there be no widow or 
widower, the same shall accrue to the state. If as herein provided the sur- 
viving spouse is entitled to the estate, he or she may certify under oath, 
recorded in the registry of probate, that to the best of his or her knowledge 
and belief the deceased was survived by no children, or issue of any de- 
ceased children, father or mother, grandfather or grandmother, brother or 
sister or their representatives, aunt or uncle, or first cousin, and if no heir 
or next of kin files an appearance in the