2001 SESSION

01-1048

09/01

SENATE BILL 60

COMMITTEE: Public Affairs

ANALYSIS

This bill grants the board of tax and land appeals the authority to assess attorneys' fees.

This bill was requested by the board of tax and land appeals .

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-1048

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 Board of Tax and Land Appeals; Authority to Assess Attorneys' Fees. Amend RSA 71-B:9 to read as follows:

71-B:9 Administration of Oaths, Subpoenas, etc.; Fees. The board shall have authority to administer oaths and to compel the attendance of witnesses to proceedings before it. The board shall have the power to subpoena and subpoena duces tecum. Witnesses compelled to appear shall be paid the same fee and mileage that are paid to witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the board may be served by any person designated in the subpoena or subpoena duces tecum to serve it. Any testimony given by a person duly sworn shall be subject to the pains and penalties of perjury. All applications or petitions to the board for which no filing fee has been otherwise specified by statute shall be accompanied by a $65 filing fee. [Costs may be taxed as in the superior court.] Except as otherwise provided by statute, costs may be taxed and attorneys' fees may be awarded as in superior court and at the discretion of the board relative to the board's authority and duties contained in RSA 71-B:5.

2 Effective Date. This act shall take effect January 1, 2002.