North Carolina § 105A-2 - Definitions.

§ 105A-2. Definitions.

The following definitions apply in this Chapter: Claimant agency. - Either of the following: A State agency. A local agency acting through a clearinghouse or an organization pursuant to G.S. 105A-3(b1). Debt. - Any of the following, except as limited in sub-subdivision (f.) of this subdivision: A sum owed to a claimant agency that has accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for the sum. A sum a claimant agency is authorized or required by law to collect, such as child support payments collectible under Title IV, Part D of the Social Security Act. A sum owed as a result of an intentional program violation or a violation due to inadvertent household error under the Food and Nutrition Services Program enabled by Part 5 of Article 2 of Chapter 108A of the General Statutes. Reserved for future codification purposes. A sum owed as a result of having obtained public assistance payments under any of the following programs through an intentional false statement, intentional misrepresentation, intentional failure to disclose a material fact, or inadvertent household error: The Work First Program provided in Article 2 of Chapter 108A of the General Statutes. The State-County Special Assistance Program enabled by Part 3 of Article 2 of Chapter 108A of the General Statutes. A successor program of one of these programs. For any school of medicine, clinical program, facility, or practice affiliated with one of the constituent institutions of The University of North Carolina that provides medical care to the general public and for The University of North Carolina Health Care System and other persons or entities affiliated with or under the control of The University of North Carolina Health Care System, the term "debt" is limited to the sum owed to one of these entities by law or by contract following adjudication of a claim resulting from an individual's receipt of hospital or medical services at a time when the individual was covered by commercial insurance, Medicaid, Health Choice, Medicare, Medicare Advantage, a Medicare supplement plan, or any other government insurance. Debtor. - A person who owes a debt. Department. - The Department of Revenue. Reserved. Local agency. - Any of the following: A county, to the extent it is not considered a State agency. A municipality. A water and sewer authority created under Article 1 of Chapter 162A of the General Statutes. A regional joint agency created by interlocal agreement under Article 20 of Chapter 160A of the General Statutes between two or more counties, cities, or both. A public health authority created under Part 1B of Article 2 of Chapter 130A of the General Statutes or other authorizing legislation. A metropolitan sewerage district created under Article 5 of Chapter 162A of the General Statutes. A sanitary district created under Part 2 of Article 2 of Chapter 130A of the General Statutes. A housing authority created under Chapter 157 of the General Statutes, provided that the debt owed to a housing authority has been reduced to a final judgment in favor of the housing authority. A regional solid waste management authority created under Article 22 of Chapter 153A of the General Statutes. Net proceeds collected. - Gross proceeds collected through setoff against a debtor's refund minus the collection assistance fees provided in G.S. 105A-13. Refund. - A debtor's North Carolina tax refund. State agency. - Any of the following: A unit of the executive, legislative, or judicial branch of State government. A local agency, to the extent it administers a program supervised by the Department of Health and Human Services or it operates a Child Support Enforcement Program, enabled by Chapter 110, Article 9, and Title IV, Part D of the Social Security Act. A community college. History (1979, c. 801, s. 94; 1981, c. 724; 1983, c. 922, s. 21.11; 1983 (Reg. Sess., 1984), c. 1034, s. 10.2; 1985, c. 589, s. 33; c. 649, s. 6; c. 747; 1985 (Reg. Sess., 1986), c. 1014, s. 63(e), (f); 1987, c. 564, s. 18; c. 578, ss. 1, 2; c. 856, s. 12; 1989, c. 141, s. 2; c. 539, s. 1; c. 699; c. 727, s. 30; c. 770, s. 75.2; 1993 (Reg. Sess., 1994), c. 735, s. 1; 1995, c. 227, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 24.30(d); 1997-433, ss. 3.3, 11.3; 1997-443, ss. 11A.118(a), 11A.119(a), 11A.122, 12.26; 1997-490, s. 1; 1998-17, s. 1; 1998-98, s. 38(a); 2002-156, s. 5(a); 2003-333, s. 1; 2004-138, s. 1; 2005-326, s. 1; 2006-259, s. 20; 2007-97, s. 2; 2010-31, ss. 10.19A(a), 31.8(d); 2011-365, s. 1; 2012-88, s. 1; 2013-382, s. 12.1; 2014-100, s. 12I.4(a), (b).) Editor's Note. - Session Laws 1987, c. 856, which deleted a reference to the Lenox Baker Children's Hospital near the end of subdivision (1)j, provided in s. 20 that ss. 1 through 19 of the act would be effective only upon agreement by Duke University to the terms of ss. 21 through 26 of the act and certification of that fact by the Secretary of the Department of Human Resources to the Governor, and that ss. 12 to 17 would then be effective on the date of the transfer. Section 20 further provided that any disputes arising out of the transfer would be resolved by the Director of the Budget. Sections 21 through 26 of the act provided terms for the transfer of the Lenox Baker Hospital to Duke University. The letter of certification from the Secretary of the Department of Human Resources was dated October 5, 1988, but it appears that this was a typographical error and that October 5, 1987, was the correct date. Session Laws 1996, Second Extra Session, c. 18, s. 24.30, provides that the Department of Human Resources shall immediately elect the optional Aid to Families with Dependent Children Fraud Control program pursuant to 45 C.F.R. 235.112; that this program is deemed to apply to Work First Cash Assistance, effective July 1, 1996, as well as to AFDC, pursuant to the federal waivers received by the Department on February 5, 1996; that the Department shall award incentive bonuses to counties for claims recouped; that the Department shall implement a statewide automated system to track fraud claims; and that persons charged with or suspected of AFDC fraud are not subjected to certain actions. Session Laws 1996, Second Extra Session, c. 18, s. 1.1, provides: "This act shall be known as the Current Operations Appropriations Act of 1996." Session Laws 1996, Second Extra Session, c. 18, s. 29.5, is a severability clause. Subsection (6), as rewritten by Session Laws 2003-333, s. 1, effective January 1, 2004, is applicable to income tax refunds determined on or after that date. Subdivisions (6)d and (9)b, as amended by Session Laws 2004-138, s. 1, effective January 1, 2004, are applicable to income tax refunds determined on or after that date. Subdivisions 6(e) through 6(g), as added by Session Laws 2005-326, s. 1, effective January 1, 2006, are applicable to income tax refunds determined on or after that date. Sub-subdivision (6)h., as added by Session Laws 2012-88, s. 1, was redesignated as sub-subdivision (6)i. at the direction of the Revisor of Statutes. Session Laws 2012-88, s. 2 made sub-subdivision (6)i. of G.S. 105A-2 applicable to tax refunds determined by the Department on or after January 1, 2013. Session Laws 2013-382, s. 12.2, made the amendment to subdivision (9) by Session Laws 2013-382, s. 12.1, applicable to tax refunds determined by the Department of Revenue on or after January 1, 2014. Session Laws 2014-100, s. 12I.4(c), provides: "Notwithstanding any other provision of law, (i) the registration required under G.S. 105A-3 of any agency reauthorized to utilize the collection remedy of debt setoff under this section is not affected by the repeal of the authority under Section 12.1 of S.L. 2013-382 and (ii) the priority of the agency under G.S. 105A-12 is determined based on the registration date of the agency under the initial statutory authority to utilize the collection remedy of debt setoff." Session Laws 2014-100, s. 12I.4(d), made the amendments to subdivisions (2) and (9) by Session Laws 2014-100, s. 12I.4(a) and (b), applicable to tax refunds determined by the Department of Revenue on or after August 7, 2014 and to lottery prizes determined by the Lottery Commission on or after August 7, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2006-259, s. 20, effective August 23, 2006, added "or other authorizing legislation" to the end of subdivision (6)e. Session Laws 2007-97, s. 2, effective June 20, 2007, in subdivision (2)(c), substituted "Food and Nutrition Services" for "Food Stamp" and substituted "Part 5 of Article 2 of Chapter 108A of the General Statutes" for "Chapter 108A, Article 2, Part 5." Session Laws 2010-31, s. 10.19A(a), effective July 1, 2010, deleted "for Adults" following "The State-County Special Assistance" in subdivision (2)(e)2. Session Laws 2010-31, s. 31.8(d), effective June 30, 2010, in subdivision (3), substituted "A person" for "An individual"; rewrote subdivision (8), which formerly read: "Refund. - An individual's North Carolina income tax refund"; and added subdivision (9)(c). Session Laws 2011-365, s. 1, effective October 1, 2011, added subdivision (6)h. Session Laws 2012-88, s. 1, effective January 1, 2013, added sub-subdivision (6)i. See editor's notes for redesignation and for applicability. Session Laws 2013-382, s. 12.1, effective January 1, 2014, added "except for the following" in sub-subdivision (9)a.; and added sub-sub-subdivisions (9)a.1. and (9)a.2. For applicability, see editor's note. Session Laws 2014-100, ss. 12I.4(a) and (b), effective August 7, 2014, in subdivision (2), rewrote the introductory language, and added subdivision (2)f.; and rewrote subdivision (9)a. See Editor's note for applicability.