HB476: (New Title) relative to modifying the quorum requirement and relative to filing fees for eminent domain proceedings before the board of tax and land appeals.

CHAPTER 102

HB 476-FN – FINAL VERSION

12Feb2009… 0125h

08Apr2009… 0880h

2009 SESSION

09-0250

09/05

HOUSE BILL 476-FN

AN ACT relative to modifying the quorum requirement and relative to filing fees for eminent domain proceedings before the board of tax and land appeals.

SPONSORS: Rep. Cooney, Graf 7; Rep. Patten, Carr 4; Sen. Houde, Dist 5; Sen. Barnes, Jr., Dist 17

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill modifies the quorum requirement for the board of tax and land appeals.

The bill also repeals a requirement that 90 percent of the board’s filing fees under the eminent domain procedure act be deposited in the highway fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Feb2009… 0125h

08Apr2009… 0880h

09-0250

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to modifying the quorum requirement and relative to filing fees for eminent domain proceedings before the board of tax and land appeals.

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

102:1 Quorum. Amend RSA 71-B:6, I to read as follows:

I. In all matters except in hearings and decisions [on tax appeals under RSA 76:16-a] relating to all taxation and eminent domain matters, a majority of the board shall constitute a quorum to transact business[, but no order or decision shall be made except by concurrence of a majority of the board]. In hearings and decisions [on tax] in all taxation and eminent domain appeals [under RSA 76:16-a], the board may sit with a quorum of 2; provided, however, that if the 2 members cannot reach a consensus on the decision, a third member shall review the record and participate in the decision, and the decision of the majority of the 3 shall constitute the board’s decision.

102:2 Repeal. RSA 6:12, I(b)(8), relative to a requirement that 90 percent of the filing fees collected by the board of tax and land appeals under RSA 498-A be credited to the highway fund.

102:3 Effective Date. This act shall take effect upon its passage.

Approved: June 15, 2009

Effective Date: June 15, 2009