North Carolina § 143-64 - 02. Definitions.

§ 143-64. 02. Definitions.

The following definitions apply in Part 1 of this Article: Agency. - An existing department, institution, commission, committee, board, division, or bureau of the State. Nonprofit tax exempt organizations. - The following entities certified by the Internal Revenue Service as tax-exempt nonprofit organizations under Section 501(c)(3) of the United States Internal Revenue Code of 1954: medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, universities, schools for individuals with intellectual or other developmental disabilities, schools for individuals with physical disabilities, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, public libraries, civil defense organizations, and nonprofit entities that are qualified under rules adopted by the State Surplus Property Agency of the Department of Administration to refurbish computers and donate them to low-income students or households throughout the State. Recyclable material. - A recyclable material, as defined in G.S. 130A-290, that the Secretary of Administration determines, consistent with G.S. 130A-309.14, to be a recyclable material. State owned. - Supplies, materials, and equipment in the possession of the State of North Carolina and purchased with State funds, personal property donated to the State, or personal property purchased with other funds that give ownership to the State. Surplus property. - Personal property that is no longer needed by a State agency. History (1991, c. 358, s. 2; 1998-223, s. 1; 2015-241, s. 27.3(e); 2017-67, s. 1(a); 2019-76, s. 24.) Editor's Note. - Session Laws 2004-124, s. 12.5, provides: "Notwithstanding G.S. 143-64.02(1) , the Wildlife Resources Commission is not subject to the payment of fees under G.S. 143-64.05 for the acquisition, receipt, warehousing, distribution, or transfer prior to July 20, 2004, of surplus property or for the transfer or sale prior to July 20, 2004, of recyclable material." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, contains a severability clause. Session Laws 2017-67, s. 2, provides, in part: "Notwithstanding G.S. 150B-21.1 A(a), an agency may adopt an emergency rule in accordance with G.S. 150B-21.1 A to effectuate the provisions of this act." This Act amended subdivision (2), concerning nonprofit tax exempt organizations. Session Laws 2019-76, s. 33, provides: "Parts I and II of this act do not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2019-76, s. 34, made the amendments by Session Laws 2019-76, s. 24 effective October 1, 2019, and applicable to proceedings commenced or services rendered on or after that date. Effect of Amendments. - Session Laws 2015-241, s. 27.3(e), effective July 1, 2015, added subdivisions (4) and (5). Session Laws 2017-67, s. 1(a), effective June 28, 2017, rewrote subdivision (2), which read: "Nonprofit tax exempt organizations' means those nonprofit tax exempt medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, public libraries, and civil defense organizations, that have been certified by the Internal Revenue Service as tax exempt nonprofit organizations under section 501(c)(3) of the United States Internal Revenue Code of 1954." Session Laws 2019-76, s. 24, rewrote the introductory language, which formerly read: "As used in Part 1 of this Article, except where the context clearly requires otherwise"; in subdivision (2), substituted "individuals with intellectual or other developmental disabilities" for "the mentally retarded" and "individuals with physical disabilities" for "the physically handicapped"; and made stylistic changes. For effective date and applicability, see editor's note.