Bill Text: NC H538 | 2013-2014 | Regular Session | Chaptered
Bill Title: Apex Land Use Changes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-17 - Ch. SL 2013-264 [H538 Detail]
Download: North_Carolina-2013-H538-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-264
HOUSE BILL 538
AN ACT to allow the town of apex to continue communications with residents and others on other matters pending a quasi‑judicial decision.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑388(e)(2), as enacted by Section 2 of S.L. 2013‑126, reads as rewritten:
"(2) A member of any
board exercising quasi‑judicial functions pursuant to this Article the
functions of a board of adjustment shall not participate in or vote on any
quasi‑judicial matter in a manner that would violate affected persons'
constitutional rights to an impartial decision maker. Impermissible violations
of due process include, but are not limited to, a member having a fixed opinion
prior to hearing the matter that is not susceptible to change, undisclosed ex
parte communications, a close familial, business, or other associational
relationship with an affected person, or a financial interest in the outcome of
the matter. If an objection is raised to a member's participation and that
member does not recuse himself or herself, the remaining members shall by
majority vote rule on the objection."
SECTION 2. G.S. 160A‑393 is repealed.
SECTION 3. G.S. 160A‑377 is repealed.
SECTION 4. This act applies to the Town of Apex only.
SECTION 5. This act becomes effective October 1, 2013, and applies to quasi‑judicial decisions of the Town on or after that date.
In the General Assembly read three times and ratified this the 17th day of July, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Presiding Officer of the House of Representatives
