This bill amends the process for disqualifying a member of a local land use board by making the board's vote on disqualification binding rather than advisory. Specifically, it introduces new language stating that a simple majority vote will be considered evidence of an affirmative decision, resulting in the member's recusal from participating in the pending matter. In cases of a tie, the member will still be allowed to participate. The bill also stipulates that any request for a vote on disqualification must occur prior to or at the start of a required public hearing.

The bill deletes the previous language that characterized the vote as "advisory and non-binding," thereby strengthening the authority of the board's decision regarding member disqualification. This change aims to enhance accountability and ensure that members who should be recused from discussions or decisions are effectively removed from participation. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 673:14
HB1759 text: 673:14