2001 SESSION

01-0996

09/01

HOUSE BILL 381

COMMITTEE: Municipal and County Government

ANALYSIS

This bill changes the appointing authority for board of tax and land appeals members from the supreme court to the governor and council.

The bill also changes references to the "chairman" of the board of tax and land appeals to "chairperson."

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0996

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Appointing Authority. Amend RSA 71-B:2 to read as follows:

71-B:2 Appointment; Term; [Chairman] Chairperson. The members of the board shall be appointed by the [supreme court and commissioned by the] governor and council for a term of 5 years and until their successors are appointed and qualified; provided, however, that, of the members initially appointed to the board, one shall be appointed for a 2-year term, one shall be appointed for a 3-year term, one for a 4-year term, and one for a 5-year term. All appointments thereafter shall be for a 5-year term; provided, however, that any vacancy on the board shall be filled for the unexpired term. The [supreme court] governor and council shall designate one member as [chairman] chairperson to serve in that capacity for the duration of [his] such member's term.

2 Temporary Members; Appointing Authority. Amend RSA 71-B:6, III to read as follows:

III. If, in the event of a disqualification or temporary disability of a member or members of the board, it shall become necessary to do so, the board, subject to the approval of the [supreme court] governor and council, shall appoint such number of temporary board members as shall be necessary to meet the requirements herein imposed. Such temporary board members shall serve with respect to such matter until the same has been fully disposed of before the board.

3 Gender Neutral Change. Amend RSA 76:16-a, VI to read as follows:

VI. A copy of an order of abatement ordered by the board of tax and land appeals, attested as such by the [chairman] chairperson of the board, if no appeal is taken hereunder, may be filed in the superior court for the county or in the Merrimack county superior court at the option of the board; and, thereafter, such order may be enforced as any final judgment of the superior court.

4 Gender Neutral Change. Amend RSA 79-A:9, VII to read as follows:

VII. A copy of an order of classification ordered by the board of tax and land appeals, attested as such by the [chairman] chairperson of the board, if no appeal is taken hereunder, may be filed in the superior court for the county or in the Merrimack county superior court at the option of said board; and, thereafter, such order may be enforced as a final judgment of the superior court.

5 Applicability. Members of the board of tax and land appeals in office on the effective date of this act shall serve out the remainder of their terms. This act shall apply to appointments to the board as vacancies occur and terms expire on and after the effective date of this act.

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