New Hampshire HB 1759: relative to the disqualification of a member of a local land use board.

Bill Text

HB 1759 - AS AMENDED BY THE HOUSE

19Feb2026... 0240h

2026 SESSION

 26-2741

 06/05

HOUSE BILL 1759

AN ACT relative to the disqualification of a member of a local land use board.

SPONSORS: Rep. Fracht, Graf. 16; Rep. Aylward, Merr. 5; Rep. Pauer, Hills. 36

COMMITTEE: Municipal and County Government

-----------------------------------------------------------------

ANALYSIS

 This bill makes a land use board’s vote on whether a member should be disqualified binding rather than advisory, requiring recusal if a majority finds disqualification is warranted.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2026... 0240h 26-2741

 06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the disqualification of a member of a local land use board.

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

 1 Disqualification of Member. Amend RSA 673:14, II to read as follows:

 II. When uncertainty arises as to the application of paragraph I to a board member in particular circumstances, the board shall, upon the request of that member or another member of the board, vote on the question of whether that member should be disqualified. Where the member seeks clarification as to whether recusal is required, he or she shall clearly state the circumstances causing uncertainty. The remaining members may ask questions and deliberate prior to voting. Where the member or alternate member believes that another member should recuse himself or herself, that member shall clearly state the facts and present evidence upon which such belief is based. The subject member or alternate member shall have an opportunity for rebuttal and to present evidence. The remaining members may ask questions and deliberate prior to voting. Any such request and vote shall be made prior to or at the commencement of any required public hearing. Such a vote shall be [advisory and non-binding] binding, and may not be requested by persons other than board members, except as provided by local ordinance or by a procedural rule adopted under RSA 676:1. 

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