North Carolina § 116B-54 - Exclusion for forfeited reservation deposits, certain gift certificates or electronic gift cards, prepaid calling cards, certain manufactured home buyer deposits, certain credit balances, unclaimed lottery prizes, and certain merchandise credits.

§ 116B-54. Exclusion for forfeited reservation deposits, certain gift certificates or electronic gift cards, prepaid calling cards, certain manufactured home buyer deposits, certain credit balances, unclaimed lottery prizes, and certain merchandise credits.

A forfeited reservation deposit is not abandoned property. For the purposes of this section, the term "reservation deposit" means an amount of money paid to a business association to guarantee that the business association holds a specific service, such as a room accommodation at a hotel, seating at a restaurant, or an appointment with a doctor, for a specified date and place. The term "reservation deposit" does not include an application fee, a utility deposit, or a deposit made toward the purchase of real property. A gift certificate or electronic gift card is not abandoned property when the gift certificate or electronic gift card: Conspicuously states that the gift certificate or electronic gift card does not expire; Bears no expiration date; or States that a date of expiration printed on the gift certificate or electronic gift card is not applicable in North Carolina. A prepaid calling card issued by a public utility as defined in G.S. 62-3(23)a.6. is not abandoned property. A buyer deposit that a dealer is authorized to retain under either G.S. 143-143.21A or G.S. 143-143.21B is not abandoned property and is not subject to this Article. Credit balances as shown on the records of a business association to or for the benefit of another business association, shall not constitute abandoned property. For purposes of this section, the term "credit balances" means items such as overpayments or underpayments on the sale of goods or services. A lottery prize that remains unclaimed after the period set by the North Carolina State Lottery Commission for claiming those prizes shall not constitute abandoned property. A card or certificate, whether paper, electronic, or other format, issued for a merchandise credit that meets the requirements of subsection (b) of this section is not abandoned property under G.S. 116B-53(c)(7). History (1999-460, s. 6; 2005-276, s. 31.1(w1); 2005-344, s. 7; 2015-218, s. 4.5(a).) Editor's Note. - Session Laws 1999-460, s. 15, provides that subsection (d) of this section, as enacted by Session Laws 1999-460, s. 6, is intended to clarify and not change existing law. Session Laws 2005-344, which enacted the North Carolina State Lottery, G.S. 18C-101 et seq., in s. 14, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement this act." Session Laws 2015-218, s. 4.5, which added subsection (d) of this section, in s. 4.5(b) provides: "This section becomes effective July 1, 2012, and applies to merchandise credits issued on or after July 1, 2012. This section shall not be construed to affect the interpretation of any statute that is the subject of pending litigation or future litigation based on merchandise credits issued prior to the effective date of this section." Effect of Amendments. - Session Laws 2005-276, s. 31.1(w1), effective July 1, 2005, rewrote subsection (f). Session Laws 2005-344, s. 7, effective August 31, 2005, added subsection (f). Session Laws 2015-218, s. 4.5(a), added "unclaimed lottery prizes, and certain merchandise credits" at the end of the section heading; and added subsection (g). For applicability and effective date, see editor's note.