Bill Text - HB143 (2020)

(New Title) relative to disqualification of members of local land use boards.


Revision: Jan. 9, 2020, 2:46 p.m.

HB 143 - AS AMENDED BY THE HOUSE

 

9Jan2020... 0518h

2019 SESSION

19-0078

06/01

 

HOUSE BILL 143

 

AN ACT relative to disqualification of members of local land use boards.

 

SPONSORS: Rep. Belanger, Hills. 27; Rep. McLean, Hills. 44; Rep. McGhee, Hills. 40; Rep. St. John, Hills. 27; Rep. Beaulieu, Hills. 45; Sen. Gray, Dist 6

 

COMMITTEE: Municipal and County Government

 

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AMENDED ANALYSIS

 

This bill requires a member of a local land use board to be disqualified to act on an appeal from a decision of another board or commission that the member participated in as a member of that board or commission.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Jan2020... 0518h 19-0078

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to disqualification of members of local land use boards.

 

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

 

1  Local Land Use Boards; Disqualification of Member.  Amend RSA 673:14, I to read as follows:

I.  No member of a zoning board of adjustment, building code board of appeals, planning board, heritage commission, historic district commission, agricultural commission, or housing commission shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law, or if the matter in question is an appeal from a decision of another board or commission and the member participated in the decision as a member of that board or commission.  Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member's official duties.

2  Effective Date.  This act shall take effect 60 days after its passage.