NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 103

HOUSE BILL 99

AN ACT TO EXEMPT MEMBERS OF CERTAIN BOARDS OF EDUCATION UNDER CERTAIN CIRCUMSTANCES FROM THE CONFLICT OF INTEREST PROVISIONS OF G.S. 14-234, G.S. 14-236 AND G.S. 14-237.

Whereas, elected officials of small towns, cities and counties have been authorized to provide services, facilities and supplies to public bodies that they serve by amending G.S. 14-234; and

Whereas, members of school boards are often the only professional or business owner in the area who can conveniently and inexpensively provide the services or supplies; and

Whereas, it would be in the public interest for those officials to contract with the public body on which they serve, if done properly and openly; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1. G.S. 14-234(dl) is amended on line 7 by deleting "and (iii)" and substituting:

"(iii)      any elected official or person appointed to fill an elective office on a city board of education in a city having a population of no more than 7,500 according to the most recent official federal census, (iv) any elected official or person appointed to fill an elective office as a member of a county board of education in a county within which there is located no village, town or city with a population of more than 7,500 according to the most recent official federal census, and (v)".

Sec. 2. G.S. 14-234(dl) is amended by adding in subdivision (1) following the words "county social services board," the words "county or city board of education," and by adding in subdivision (4) after the words "county social services board," the words "county or city board of education,".

Sec. 3. G.S. 14-236 is amended by adding a new paragraph at the end thereof to read:

"This section shall not apply to members of any board of education which is subject to and complies with the provisions of G.S. 14-234(dl)."

Sec. 4. G.S. 14-237 is amended by adding a new paragraph thereto to read:

"This section shall not apply to members of any board of education which is subject to and complies with the provisions of G.S. 14-234(dl)."

Sec. 5. G.S. 14-234 is amended by adding a new subsection (d2) to read as follows:

"(d2)    The provision of subsection (dl) shall not apply to contracts required by Article 8 of Chapter 143 of the General Statutes, Public Building Contracts."

Sec. 6. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of March, 1981.