GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-141

HOUSE BILL 96

AN ACT to authorize cities, counties, and local boards of education to donate surplus, obsolete, or UNUSED personal property to charter schools and to make technical changes to that authority.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A‑280(a) reads as rewritten:

"(a)       A city may donate to a another governmental unit within the United States, a sister city, or a nonprofit organization incorporated by (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. The governing board of the city or county shall post a public notice at least five days prior to the adoption of a resolution approving the donation. The resolution shall be adopted prior to making any donation of surplus, obsolete, or unused personal property. For purposes of this section a sister city is a city in a nation other than the United States that has entered into a formal, written agreement or memorandum of understanding with the donor city for the purposes of establishing a long term partnership to promote communication, understanding, and goodwill between peoples and to develop mutually beneficial activities, programs, and ideas. The agreement or memorandum of understanding establishing the sister city relationship shall be signed by the mayors or chief elective officer of both the donor and recipient cities."

SECTION 2.  G.S. 160A‑280(b) reads as rewritten:

"(b)      For the purposes of this section, the term "governmental unit" shall have the same meaning as defined by G.S. 160A‑274(a).G.S. 160A‑274(a) and shall include North Carolina charter schools."

SECTION 3.  G.S. 160A‑280(c) reads as rewritten:

"(c)       The authority granted to a city, county, or governmental unitcity under this section is in addition to any authority granted under any other provision of law."

SECTION 4.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 8^th day of June, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 12:00 p.m. this 19^th day of June, 2009