reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:33 - Payment.

367:33 Payment. –
The petitioner shall forthwith pay or tender the sums so awarded to the stockholders entitled thereto. If for any reason it is impracticable to make or tender such payment, or if a stockholder refuses to receive the sum awarded to him when tendered, the petitioner shall deposit the money with the state treasurer, to be held by him in trust for the use of, and to be paid upon demand to, the parties respectively to whom the same has been awarded.
Source.
1889, 5:1. PS 156:32. PL 246:31. RL 296:31.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:34 - Effect.

367:34 Effect. –
Whenever the petitioner has made such payment or tender and deposit, the stock, interest or property right of the stockholder shall become the property of the petitioner, and the court may make and enforce such orders as may be necessary to secure the same to the petitioner.
Source.
1889, 5:1. PS 156:33. PL 246:32. RL 296:32. RSA 367:34. 1967, 132:13, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:35 - Perfecting Title.

367:35 Perfecting Title. –
Whenever the petitioner has made payment or tender and deposit of all sums thus awarded, the lessee corporation, or the new corporation, as the case may be, shall become possessed and seized of the property, franchises and rights named in the contract of lease or union in accordance with the terms thereof, and the superior court may make and enforce any orders that may be necessary to perfect the title.
Source.
1889, 5:1. PS 156:34. PL 246:33. RL 296:33. RSA 367:35. 1967, 132:14, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:36 - Appeal.

367:36 Appeal. –
Any stockholder who is aggrieved by the award may appeal therefrom by filing, in the office of the clerk of the superior court for the county of Merrimack, notice of his appeal, within 30 days after the award is filed.
Source.
1889, 5:1. PS 156:35. PL 246:34. RL 296:34.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:37 - Entry of Appeal.

367:37 Entry of Appeal. –
The justice who made the award, upon application of the appellant, shall direct the appeal to be entered at a term of the court to be held in the county in which the appellant resides or in which the principal office of the appellee is located, as he shall think best.
Source.
1889, 5:1. PS 156:35. PL 246:35. RL 296:35.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:38 - Notice of Appeal; Assessment.

367:38 Notice of Appeal;  Assessment. –
The appellant shall give notice to the appellee of his appeal, and of the court at which it will be entered, at least 14 days before the beginning of such term; and the court shall thereupon assess the value of his stock, interest or property right taken, by a jury.
Source.
1889, 5:1. PS 156:36. PL 246:36. RL 296:36.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:39 - Judgment; Costs.

367:39 Judgment;  Costs. –
If upon such trial the amount of the award is increased, the stockholder shall have judgment and execution against the appellee therefor, with interest and costs; if it is decreased, the appellee shall have judgment and execution for such decrease.
Source.
1889, 5:1. PS 156:37. PL 246:37. RL 296:37.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:40 - Hiring Money.

367:40 Hiring Money. –
A corporation may borrow money to settle with its dissenting stockholders; provided, that its indebtedness is not thereby increased beyond the limit authorized by law.
Source.
PS 156:40. PL 246:38. RL 296:38.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:41 - Retirement of Stock.

367:41 Retirement of Stock. –
Whenever a corporation becomes the owner of any of its stock, under the provisions of this chapter, it shall sell or retire the same within 2 years after it becomes such owner. Unless it can sell the same at private sale for as much as it cost the corporation, it shall make the sale by auction, and may make it in the Boston market.
Source.
PS 156:41. PL 246:39. RL 296:39.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:42 - Location.

367:42 Location. –
No corporation shall locate a railroad upon or over any portion of a route for which a charter of any other corporation was upon September 14, 1883, and still is, existing, and under which a location has not been made, until it has been made or until the time limited in the charter for the location has expired; and no corporation shall locate a railroad upon or over any portion of a location made by any other corporation, except so far as may be necessary for connections and crossings.
Source.
1883, 100:8, 14. PS 156:38. PL 246:40. RL 296:40.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:43 - Place of Business.

367:43 Place of Business. –
The principal place of business of every corporation formed under the provisions of this chapter, and the offices of the superintendent and other officers who have the general management of the business of the corporation, shall be within this state.
Source.
1883, 100:17. PS 156:39. PL 246:41. RL 296:41.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:44 - Map or Profile; Filing Required.

367:44 Map or Profile;  Filing Required. –
I. Any corporation which constructs a railroad or a branch or extension of a railroad shall file a map or profile of the railroad, branch or extension with the secretary of state.
II. The filing must be made within one year of the time the railroad, branch or extension is opened for public use.
III. The map or profile shall be certified by the corporation's president and engineer and shall contain tables of grade and curvature and a statement of other characteristics of the railroad.
IV. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the form of the map or profile.
Source.
1883, 100:16. PS 157:8. PL 247:8. RL 297:8. 1951, 203:54. RSA 367:44. 1981, 435:6. 1985, 402:6, I(e)(4).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:45 - Adverse Possession.

367:45 Adverse Possession. –
No title to any real estate or to any interest therein shall be acquired by or against a railroad by adverse possession, however exclusive or long continued.
Source.
1862, 2625:1. 1865, 4085:1. GS 146:25. GL 160:25. PS 157:15. PL 247:13. RL 298:13. 1951, 203:54, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:46 - List of Stockholders.

367:46 List of Stockholders. –
The treasurer of every railroad, any part of whose road is in this state, shall transmit to the state treasurer, on or before June 1 in each year, a list of the stockholders of the corporation residing in each town of the state on April 1 preceding, giving the number of shares owned by each, with a certificate, under oath, that the list is correct. Every treasurer who neglects to comply with the provisions of this section shall forfeit $100.
Source.
1860, 2353:1. GS 57:10. GL 62:10. PS 157:25. PL 247:19. RL 298:19. 1951, 203:50, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:46-a - Railroad Service.

367:46-a Railroad Service. –
I. No railroad shall tear up and remove or discontinue the use of any portion of its tracks other than spur, industrial or storage tracks, or curtail any part of its service to the public without notice to the department and such notice to the public as the department may direct. Upon complaint or upon its own motion, the department may investigate the reasonableness of the proposed action. Whenever a railroad has been authorized by proper authority to abandon a line, the department, after hearing, may issue an order requiring the removal of rails, ties and structures, at public highway crossings and the removal of piles, bents or piers in rivers and streams that may contribute to holding debris, and require the filling and repaving of the highway. The cost of such removal, fill and repaving shall be apportioned between the railroad, town, city and state as the department shall direct.
II. Any person who violates the provisions of this section or any order of the department issued pursuant to this section shall be guilty of a class B felony if a natural person or guilty of a felony if any other person.
Source.
1985, 402:18.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:47 - Corporate Rights.

367:47 Corporate Rights. –
Nothing in this chapter shall impair the right which any railroad corporation has to unite with another corporation, or to become a party to a contract for the lease of a railroad.
Source.
1889, 5:16. PS 156:43. PL 246:42. RL 296:42.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:48 - Foreign Corporation.

367:48 Foreign Corporation. –
Foreign railroad corporations operating roads within this state shall have the same rights for the purposes of operating, leasing or uniting with other roads as if created by the laws of this state.
Source.
1883, 100:18. PS 156:44. PL 246:43. RL 296:43.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:49 - Rights of State.

367:49 Rights of State. –
The rights of the state as to any corporation, its franchises or property shall not be impaired by any contract of lease or union made by it.
Source.
PS 156:45. PL 246:44. RL 296:44.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:50 - Rates, Fares and Charges.

367:50 Rates, Fares and Charges. –
I. Every railroad shall print schedules of rates, fares and charges of the carrier for the transportation of passengers and baggage or for any other service and file these schedules with the commissioner. Such schedules shall be open to public inspection.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the form and content of the filing and printing and the time within which the filing and printing are required.
III. Unless the commissioner so orders, no carrier shall change a rate, fare or charge which has been filed with the commissioner, except after 30 days' notice to the commissioner and notice to the public as the commissioner directs.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:51 - Accounts, Records, and Reports.

367:51 Accounts, Records, and Reports. –
I. The commissioner may require:
(a) Annual reports from all railroads. The commissioner shall require that the reports be made under oath;
(b) Specific answers to any questions deemed necessary by the commissioner; and
(c) Copies of any agreements between a railroad and any other person if the agreement affects the railroad's business as regulated by RSA 367.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The form of accounts and all other records to be kept by railroads; and
(b) The length of time a railroad shall keep accounts and records.
III. The commissioner or his representative shall have access, at reasonable times, to all accounts, records and other documents of a railroad which relate to RSA 367.
IV. RSA 367:51 shall apply to receivers of railroad and operating trustees. RSA 367:51 shall apply, as deemed necessary by the commissioner, to persons with direct or indirect control over a railroad.
V. Annual reports of railroads shall conform as nearly as may be to those required of common carriers by the Interstate Commerce Commission under the provisions of the act of Congress, entitled "An Act To Regulate Commerce," and the acts amendatory thereof and supplementary thereto.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:52 - Extensions.

367:52 Extensions. –
Without first having obtained the permission of the commissioner, no railroad shall begin the construction of an extension of its railroad or of any branch thereof; and the commissioner shall grant such permission whenever, after due hearing, he shall determine that such construction or extension would be for the public good, and not otherwise.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:53 - Recording Order.

367:53 Recording Order. –
If the petition shall be granted, the railroad corporation shall file in the office of the secretary of state a copy of the petition and of the order of the commissioner.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:54 - Railroad Leases, Etc.

367:54 Railroad Leases, Etc. –
No franchise, nor any right to or under any franchise, to own or operate a railroad shall be assigned, transferred or leased, nor shall any contract or agreement with reference to, or affecting, any such franchise or right be valid or of any force or effect whatever, unless the assignment, transfer, lease, contract or agreement shall have been approved by the commissioner following notice and public hearing. When the commissioner has given his approval of such an assignment or transfer, or of a contract or agreement relating thereto, and upon the execution of appropriate instruments of assignment or transfer, the assignee or transferee thereunder shall, with the approval of the commissioner, be vested with all the rights and franchises of the assignor or transferor and subject to all its duties and obligations except such duties and obligations as the commissioner may after hearing and by order find are no longer reasonably required in the public interest. Any holder of the capital stock of such assignor or transferor corporation who shall feel aggrieved by any such transaction shall be entitled to the benefits of all statutes regulating, protecting and determining the rights of a dissenting stockholder of a railroad in the case of a lease or union with another railroad; and the rights of any stockholder of such corporation dissenting from such assignment, transfer, contract or agreement approved as aforesaid shall be regulated, protected and determined by such statutes.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:55 - Railroad Safety and Inspection Program.

367:55 Railroad Safety and Inspection Program. –
I. For railroad properties within the state that are subject to federal regulation, the commissioner shall have the authority to participate in carrying out inspection activities in connection with any rule, regulation, order, or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, as amended, provided that the commissioner shall comply with all of the requirements imposed by federal law as a condition to such participation.
II. For railroad properties within the state that are not subject to federal regulation, the commissioner shall carry out such inspections as are necessary to maintain railroad safety within the state. If the commissioner finds any equipment or facilities to be unsafe, a proceeding shall be commenced as provided by law to develop an order for corrective action.
III. The commissioner shall employ such expert, professional, or other assistance as is necessary to carry out the activities of this section, provided that a former railroad employee shall not perform inspections within the same railroad division in which he or she formerly worked for a period of one year from the date the person terminated his or her railroad employment.
Source.
1985, 402:19. 2000, 97:2, eff. June 26, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:56 - Accidents.

367:56 Accidents. –
The commissioner shall require notification and reports of all accidents happening on all railroads in the state and shall investigate the causes of such accidents.
Source.
1985, 402:19. 1989, 9:1. 1997, 290:1, eff. Aug. 19, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:57 - Lights on Railroad Track Motor Cars.

367:57 Lights on Railroad Track Motor Cars. –
Every person, firm or corporation operating or controlling any railroad running through or within the state shall equip each of its track motor cars or similar vehicles used during the period from 30 minutes before sunset to 30 minutes after sunrise with an electric headlight of such construction and with sufficient candlepower to render plainly visible at a distance of not less than 300 feet in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing, and further shall equip such track motor car with a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of 300 feet.
Source.
1985, 402:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:1 - Creditors' Meeting.

368:1 Creditors' Meeting. –
The trustees to whom a railroad has been assigned, or conveyed in mortgage for the benefit of creditors, shall call a meeting of the creditors whose claims are secured by the mortgage once a year, to be held at some place on or near the railroad, by publication in 2 daily newspapers published in Boston, Massachusetts, and one newspaper in each county in which the railroad is located.
Source.
1858, 2100:1. GS 151:1. GL 165:1. PS 161:1. PL 252:1. RL 302:1.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:2 - Failure to Call Meeting.

368:2 Failure to Call Meeting. –
If the trustees, on application of such creditors to the amount of 1/3 of the whole sum secured, do not, within 14 days, call such meeting, 5 or more creditors holding the like amount of claims may call it in the same manner.
Source.
1858, 2100:1. GS 151:2. GL 165:2. PS 161:2. PL 252:2. RL 302:2.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:3 - Report.

368:3 Report. –
At such meeting, the trustees shall make a report of the state of the trust property, and of their proceedings and management in relation thereto, according to the usual custom of directors of railroads to the stockholders.
Source.
1858, 2100:1. GS 151:3. GL 165:3. PS 161:3. PL 252:3. RL 302:3.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:4 - Election of Trustees.

368:4 Election of Trustees. –
The creditors at such meeting may elect, by ballot, 3 or 5 trustees, being creditors, and a majority, at least, residents of the state, each creditor being entitled to one vote for each $100 of his debt and having the same right to vote by proxy as stockholders of railroads at their meetings.
Source.
1858, 2100:2. GS 151:4. GL 165:4. PS 161:4. PL 252:4. RL 302:4.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:5 - Transfer of Interest.

368:5 Transfer of Interest. –
Upon the election of new trustees, the interest of the former trustees shall be transferred to and vest in such new trustees; and the former trustees shall render and settle an account of their trust with such successors, and pay and transfer to them such mortgage estate and any balances in their hands; and, if a balance is due the retiring trustees, the assets of the trust shall be charged therewith.
Source.
1858, 2100:3. GS 151:5. GL 165:5. PS 161:5. PL 252:5. RL 302:5.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:6 - Liability of Trustees.

368:6 Liability of Trustees. –
No trustees or assignees of a railroad mortgage, who have the railroad in their charge, shall, as such and without their own default, be personally responsible for any damage, by collision or force, occurring to any passenger or freight upon the railroad.
Source.
1858, 2100:5. GS 151:6. GL 165:6. PS 161:6. PL 252:6. RL 302:6.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:7 - Liability of Company.

368:7 Liability of Company. –
In case of such damage, the company assigning or mortgaging the railroad shall be liable; and the assets in the hands of the trustees shall be held for such damage as part of the expenses of the trust, in preference to the claims of the general creditors of the company.
Source.
1858, 2100:5. GS 151:7. GL 165:7. PS 161:7. PL 252:7. RL 302:7.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:8 - Power of Court.

368:8 Power of Court. –
The superior court shall have summary power to make all orders and decrees necessary to carry such trusts into effect.
Source.
1858, 2100:6. GS 151:8. GL 165:8. PS 161:8. PL 252:8. RL 302:8.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:9 - Duties of Holding Companies.

368:9 Duties of Holding Companies. –
Any corporation, whether foreign or domestic, which owns a majority of the capital stock of any railroad in the state, or operates the same under lease or otherwise, shall make returns and furnish information to the department of transportation as to such railroad properties and railroad business; and all provisions of law respecting reports and information concerning railroads and respecting the issue of securities shall apply to such railroad properties and railroad business.
Source.
1913, 190:1. PL 252:9. RL 302:9. 1951, 203:61. RSA 368:9. 1985, 402:6, I(e)(4).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 368 - Railroad Trustees and Holding Companies › Section 368:10 - Neglect of Holding Company.

368:10 Neglect of Holding Company. –
If any such holding company shall, after reasonable notice, fail to comply with the provisions of RSA 368:9, the supreme court shall, upon petition of any party interested, dissolve the railroad corporation, a majority of whose stocks is owned by such holding company.
Source.
1913, 190:2. PL 252:10. RL 302:10.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:1 - Authority to Issue Securities.

369:1 Authority to Issue Securities. –
A public utility lawfully engaged in business in this state may, with the approval of the commission but not otherwise, issue and sell its stock, bonds, notes and other evidences of indebtedness payable more than 12 months after the date thereof for lawful corporate purposes. The proposed issue and sale of securities will be approved by the commission where it finds that the same is consistent with the public good. Such approval shall extend to the amount of the issue authorized and the purpose or purposes to which the securities or the proceeds thereof are to be applied, and shall be subject to such reasonable terms and conditions as the commission may find to be necessary in the public interest; provided, however, that the provisions of RSA 293-A shall be observed by corporations organized under the laws of this state in respect of the corporate authorization required and of other formalities to be observed.
Source.
1911, 164:14. 1913, 145:14. 1915, 115:1. PL 241:1. RL 291:1. 1951, 203:45 par. 1, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:1-a - Exceptions.

369:1-a Exceptions. –
The provisions of this chapter shall not apply to any excepted local exchange carrier.
Source.
2012, 177:7, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:2 - Mortgages.

369:2 Mortgages. –
A public utility may, with the approval of the commission but not otherwise, mortgage its present and future property, tangible and intangible including franchises, to secure the payment of its bonds or notes, including any bonds or notes to be thereafter issued under the provisions of such mortgage; provided, however, that no such approval shall be required for any mortgage of property pursuant to after-acquired clauses of mortgages securing the payment of bonds or notes issued prior to September 1, 1951.
Source.
1913, 145:15. PL 241:31. RL 291:32. 1951, 203:45 par. 2, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:3 - Application for Leave to Issue.

369:3 Application for Leave to Issue. –
Any such public utility which may apply to the commission for authority to issue such securities shall file with its application a statement in reasonable detail, showing the actual cost already incurred and the estimated cost to be incurred for any of the purposes for which such securities are to be issued and the actual cost already incurred and the estimated cost to be incurred for such purposes.
Source.
1911, 164:14. 1913, 145:14. 1915, 115:2. PL 241:2. RL 291:3. 1951, 203:45 par. 3, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:4 - Authorization.

369:4 Authorization. –
The commission, after such hearing or investigation as it may deem proper, shall determine the actual or probable cost incurred or to be incurred; and, if in its judgment the issue of such securities upon the terms proposed is consistent with the public good, it shall authorize the same to an amount sufficient, at the price fixed in accordance with the laws applicable thereto, to provide funds for defraying the cost as so determined.
Source.
1911, 164:14. 1915, 115:2. PL 241:3. RL 291:4. 1951, 203:45 par. 4, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:6 - Depreciation.

369:6 Depreciation. –
Upon any application for authority to issue securities for the purpose of providing funds for discharging any indebtedness incurred by a public utility in good faith prior to July 1, 1914, in acquiring property, or for other lawful corporate purpose, no deduction shall be made from the cost thereof, as determined by the commission, on account of any estimated depreciation of plant and properties beyond the portion, if any, of such cost which it may appear has been paid out of the depreciation reserve of said public utility, if any, or out of earnings, to make good depreciation.
Source.
1915, 115:2. PL 241:6. RL 291:7. 1951, 203:45 par. 6, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:7 - Short Term Notes.

369:7 Short Term Notes. –
I. No public utility engaged in business within this state shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof, except as provided in this section, by rules adopted by the commission, or by specific order of the commission in an individual case.
II. In establishing the amounts of the notes, bonds, and other evidences of indebtedness which the utility is permitted to issue or renew without prior commission approval, the commission shall consider the size, circumstances, and other characteristics of each utility, the aggregate term of the renewals of such notes, bonds, and other evidences of indebtedness, and the time period and manner for reporting such renewals to the commission.
Source.
1929, 136:1. RL 291:2. 1951, 203:45 par. 7. RSA 369:7. 1981, 370:1. 1994, 193:7, eff. July 23, 1994.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:9 - Capitalization of Franchises.

369:9 Capitalization of Franchises. –
The commission shall have no power to authorize the capitalization, directly or indirectly, of any franchise to be a corporation, or of any franchise or any right to own, operate or enjoy any franchise whatever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to a political subdivision thereof as a consideration for the grant of such franchise or right, all such franchises, rights and privileges being granted in the public interest only, and not justly subject to capitalization against the public.
Source.
1917, 168:1. PL 241:10. RL 291:11. 1951, 203:45 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:10 - Unincorporated Utilities.

369:10 Unincorporated Utilities. –
No unincorporated person or partnership, being a public utility through the ownership, operation or management of property devoted to public use, shall be required to apply to the commission for authority to issue notes or bonds unless the same are to be secured by mortgage of the property so devoted to public use.
Source.
1913, 145:14. 1917, 76:6. PL 241:11. RL 291:12. 1951, 203:45 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:11 - Application of Proceeds.

369:11 Application of Proceeds. –
No public utility shall apply the proceeds of any stock, bonds or notes to any other purpose than those specified in the order of the commission authorizing the issue of the same.
Source.
1911, 164:14. 1913, 145:14. 1917, 76:6. PL 241:12. RL 291:13. 1951, 203:45 par. 11, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:12 - Account.

369:12 Account. –
Every public utility issuing stocks, bonds or other evidence of indebtedness subject to the provisions hereof shall file with the commission an account showing, in such detail as the commission shall require, the disposition of the proceeds of such issue.
Source.
1911, 164:14. 1913, 145:14. 1917, 76:6. PL 241:13. RL 291:14. 1951, 203:45 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:13 - Foreign Corporations.

369:13 Foreign Corporations. –
Any foreign corporation which shall engage in intrastate business as a public utility within this state after May 1, 1919, shall be subject to the provisions hereof, and, by applying for authority to begin or by continuing to engage in such intrastate business after said date, shall be deemed to have consented to said provisions as a condition precedent to its right to engage in such intrastate business.
Source.
1919, 94:1. PL 241:14. RL 291:15. 1951, 203:45 par. 13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:14 - Public Utilities.

369:14 Public Utilities. –
A public utility for any corporate purpose approved by the commission, upon petition of the corporation, may, from time to time, with the authority of the commission as provided in this chapter, increase its capital stock or bonds beyond the amounts fixed and limited by its articles of association or its charter or by any act of the general court.
Source.
1921, 81:1. PL 241:16. RL 291:17. 1951, 203:45 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:15 - Stockholders.

369:15 Stockholders. –
Whenever a public utility organized under the laws of this state shall issue (1) additional shares of its capital stock having unconditionally the general right to vote or (2) securities convertible into shares of such capital stock, it shall, except as hereinafter provided, first offer such shares or convertible securities proportionately to holders of its stock having such voting right in such manner as shall have been determined by its directors; provided, however, that if the charter, articles of agreement or stockholder votes authorizing the outstanding stock have limited or eliminated the rights of holders of such outstanding stock to subscribe to such shares or convertible securities, such offer need not be made, except to the extent, if any, required by said charter, articles of agreement or votes.
Source.
1911, 164:14. PL 241:19. RL 291:20. 1951, 203:45 par. 15, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369 - Issuance of Stock and Other Securities; General Provisions › Section 369:16 - Stockholders' Liability.

369:16 Stockholders' Liability. –
Whenever a public utility incorporated under the laws of this state shall apply to the commission for authority to issue any stock requiring the approval of the commission, the stockholders shall not become individually liable for debts and contracts of the corporation under RSA 296:30, if the amount of stock which the commission authorized the corporation to issue upon any such application is paid in and a certificate of the treasurer and a majority of the directors to that effect is executed, filed and recorded in the manner provided by RSA 296:30 within 90 days after the filing in the office of the secretary of state of the order of the commission authorizing the issue of such stock; provided, that, in cases where such stock is an increase of prior capital, the whole amount of the prior capital as theretofore fixed and limited by the corporation, or so much thereof as the stockholders have voted to issue, or as the commission has authorized to be issued, has also been paid in and that the certificate so filed by the treasurer and directors shows that fact.
Source.
1913, 145:15. PL 241:30. RL 291:31. 1951, 203:45 par. 16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369-B - Electric Rate Reduction Financing and Commission Action › Section 369-B:3-b - Employee Protections.

369-B:3-b Employee Protections. –
In the event of divestiture or retirement of any or all of PSNH's generation assets, employee protections no less than those set forth in the then-current collective bargaining agreement shall be provided to affected employees.
Source.
2014, 310:3, eff. Sept. 30, 2014. 2015, 221:11, eff. July 9, 2015.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369-B - Electric Rate Reduction Financing and Commission Action › Section 369-B:8 - Successors to Electric Utilities.

369-B:8 Successors to Electric Utilities. –
Any successor to an electric utility, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding, or pursuant to any merger, sale, or transfer, by operation of law, or otherwise, shall perform and satisfy all obligations of the electric utility with respect to rate reduction bonds in the same manner and to the same extent as was required of the electric utility before such proceeding or transfer, including, without limitation, billing, collecting, and paying to the holders of the rate reduction bonds or their representatives or the applicable financing entity RRB charges and any other revenues arising with respect to the RRB property and seeking RRB charge adjustments, as necessary and permitted by a finance order, to recover all RRB costs designated in an applicable finance order or finance orders.
Source.
2000, 249:2, eff. June 12, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 369-B - Electric Rate Reduction Financing and Commission Action › Section 369-B:9 - Severability.

369-B:9 Severability. –
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter, and to that end, the provisions of this chapter are declared to be severable. Each section of this chapter shall be severable from all other sections hereof and the nullification of any section of this chapter shall have no effect on the remaining sections of this chapter.
Source.
2000, 249:2, eff. June 12, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:1 - Units of Service.

370:1 Units of Service. –
The department of energy may ascertain, determine and fix, for each kind of public utility, suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this chapter.
Source.
1913, 124:1. PL 245:1. RL 295:1. 1951, 203:1, eff. Sept. 1, 1951. 2021, 91:256, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:2 - Standards.

370:2 Standards. –
The department of energy may ascertain, determine and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the performing of its service, or to the furnishing of its product or commodity, by any public utility, and prescribe reasonable regulations for examination and testing of such service, product or commodity, and for the measurement thereof.
Source.
1913, 124:1. PL 245:2. RL 295:2. 2021, 91:255, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:3 - Meters.

370:3 Meters. –
The department of energy may ascertain, determine and fix reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement, and every public utility is required to carry into effect all orders issued by the department relative thereto.
Source.
1913, 124:1. PL 245:3. RL 295:3. 2021, 91:257, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:4 - Service Inspections.

370:4 Service Inspections. –
The department of energy may provide for the inspection of the manner in which every public utility conforms to the reasonable regulations prescribed by the department for examination and testing of its service, product or commodity, and for the measurement thereof, and may supplement such inspections by examinations and testing.
Source.
1913, 124:1. PL 245:4. RL 295:4. 2021, 91:257, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:5 - Inspection of Meters.

370:5 Inspection of Meters. –
The department of energy may provide for the inspection of the manner in which every public utility has carried into effect the reasonable rules, regulations, specifications and standards fixed by rules adopted by the department relative thereto, and may examine and test any meters and appliances for measurements under such reasonable rules and regulations as it may prescribe.
Source.
1913, 124:1. PL 245:5. RL 295:5. 2021, 91:257, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:6 - Testing Appliances.

370:6 Testing Appliances. –
The department may provide for the examination and testing of any appliances used for the measuring of any service, product or commodity of a public utility.
Source.
1913, 124:1. PL 245:6. RL 295:6. 2021, 91:257, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:7 - At Consumer's Request.

370:7 At Consumer's Request. –
Any consumer or user may have any such appliance tested by the department of energy. The department may declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, the fee to be paid by the consumer or user at the time of his request; but, if the measuring appliance be found unreasonably defective or incorrect to the disadvantage of the consumer or user, the department shall repay such fee to the consumer or user and collect the same from the public utility.
Source.
1913, 124:1. PL 245:7. RL 295:7. 2021, 91:257, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:8 - Apparatus for Tests.

370:8 Apparatus for Tests. –
The department of energy may purchase such materials, apparatus and standard measuring instruments for such examinations and tests, and for the calibration and standardization of the measuring instruments used by any public utility, as it may deem necessary.
Source.
1913, 124:1. PL 245:8. RL 295:8. 2021, 91:255, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:9 - Fees.

370:9 Fees. –
The department of energy shall fix and collect reasonable fees for examining and testing meters and other measuring apparatus and appliances and the product of any public utility offered to the public for use or consumption, and such fees shall be paid by the public utility owning the same, or offering the same to the public, except as provided in RSA 370:7. All fees so collected shall be paid each month to the state treasurer, with an itemized statement of the same.
Source.
1913, 124:2. PL 245:9. RL 295:9. 2021, 91:255, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:11 - Penalty.

370:11 Penalty. –
Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its line in this state a track motor car in violation of the provisions of RSA 370:10 shall be liable to a penalty of $100 for each violation, to be recovered in a suit or suits to be brought by the county attorney in the superior court of the county having jurisdiction in the locality where such violation occurred. Upon duly verified information being given him of such violation, such prosecuting attorney shall bring such suits.
Source.
1953, 163:1 par. 1-b, eff. May 14, 1953.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370 - Service Equipment of Public Utilities › Section 370:12 - Installation of Power Line Extensions.

370:12 Installation of Power Line Extensions. –
Any New Hampshire utility customer that requires a power line extension located on private property may hire a contractor who is approved by the utility. Such contractor shall supply and install materials specified by the local utility for underground and overhead line extensions, the cost of which shall be borne by the utility customer.
Source.
2012, 258:1, eff. Aug. 17, 2012. 2022, 115:1, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370-A - Use of Customer-Owned Equipment › Section 370-A:1 - Definitions.

370-A:1 Definitions. –
In this chapter:
I. "Governmental agency" means any state, county, city, town, village, district, organized fire mutual aid system dispatch or municipal agency, authority, department or other public instrumentality thereof.
II. "Self-dialing telephone alarm" means a device attached to a person's telephone system, designed to dial a designated telephone number when fire or unauthorized entry is detected at the location in which it is installed.
Source.
1979, 205:1, eff. Aug. 10, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370-A - Use of Customer-Owned Equipment › Section 370-A:2 - Prohibited Use; Notification Required.

370-A:2 Prohibited Use;  Notification Required. –
No person shall have a self-dialing telephone alarm system connected to his telephone which automatically calls a governmental agency unless that agency receives notification from the person prior to connection of such alarm system in compliance with regulations and guidelines promulgated by the department of safety pursuant to RSA 541-A. The governmental agency to be notified may provide a form suitable for information and action required of said agency upon receipt of call.
Source.
1979, 205:1, eff. Aug. 10, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 370-A - Use of Customer-Owned Equipment › Section 370-A:3 - Violation.

370-A:3 Violation. –
Any person who has a self-dialing telephone alarm system connected to his telephone and who has not obtained written permission pursuant to RSA 370-A:2 shall be guilty of a violation.
Source.
1979, 205:1, eff. Aug. 10, 1979.