North Carolina § 143B-426 - 40A. Assignments of claims against State.

§ 143B-426. 40A. Assignments of claims against State.

Definitions. - The following definitions apply in this section: Assignment. An assignment or transfer of a claim, or a power of attorney, an order, or another authority for receiving payment of a claim. Claim. A claim, a part or a share of a claim, or an interest in a claim, whether absolute or conditional. Qualified charitable organization. A charitable organization that is exempt from federal income tax pursuant to section 501(c)(3) of the Internal Revenue Code. State employee credit union. A credit union organized under Chapter 54 of the General Statutes whose membership is at least one-half employees of the State. The State. The State of North Carolina and any department, bureau, or institution of the State of North Carolina. Assignments Prohibited. - Except as otherwise provided in this section, any assignment of a claim against the State is void, regardless of the consideration given for the assignment, unless the claim has been duly audited and allowed by the State and the State has issued a warrant for payment of the claim. Except as otherwise provided in this section, the State shall not issue a warrant to an assignee of a claim against the State. Assignments in Favor of Certain Entities Allowed. - This section does not apply to an assignment in favor of: A hospital. A building and loan association. A uniform rental firm in order to allow an employee of the Department of Transportation to rent uniforms that include Day-Glo orange shirts or vests as required by federal and State law. An insurance company for medical, hospital, disability, or life insurance. Assignments to Meet Child Support Obligations Allowed. - This section does not apply to assignments made to meet child support obligations pursuant to G.S. 110-136.1. Assignments for Prepaid Legal Services Allowed. - This section does not apply to an assignment for payment for prepaid legal services. Payroll Deduction for State Employees' Credit Union Accounts Allowed. - An employee of the State who is a member of a State employee credit union may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum for deposit to any credit union accounts, purchase of any credit union shares, or payment of any credit union obligations agreed to by the employee and the State Employees' Credit Union. Payroll Deduction for Contributions to the Parental Savings Fund Allowed. - An employee of the State may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum for deposit in the Parental Savings Trust Fund administered by the State Education Assistance Authority. Payroll Deduction for Payments to Certain Employees' Associations Allowed. - An employee of the State or any of its political subdivisions, institutions, departments, bureaus, agencies or commissions, or any of its local boards of education or community colleges, who is a member of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, may authorize, in writing, the periodic deduction each payroll period from the employee's salary or wages a designated lump sum to be paid to the employees' association. A political subdivision may also allow periodic deductions for a domiciled employees' association that does not otherwise meet the minimum membership requirements set forth in this paragraph. The total membership count and the State, political subdivision of the State, or public school employee membership count of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, shall be verified and certified annually by the State Auditor. Payroll Deduction for State Employees Combined Campaign Allowed. - Subject to rules adopted by the State Controller, an employee of the State may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum to be paid to satisfy the employee's pledge to the State Employees Combined Campaign. Payroll Deduction for Public School and Community College Employees' Contributions to Charitable Organizations Allowed. - Subject to rules adopted by the State Controller, an employee of a local board of education or community college may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the board of education or community college of a designated lump sum to be contributed to a qualified charitable organization that has first been approved by the employee's board of education or community college board. Payroll Deduction for University of North Carolina System Employees' Contributions to Certain Charitable Organizations Allowed. - Subject to rules adopted by the State Controller, if a constituent institution of The University of North Carolina approves a payroll deduction plan under this subsection, an employee of the constituent institution may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the constituent institution of a designated lump sum to be contributed to a qualified charitable organization that exists to support athletic or charitable programs of the constituent institution and that has first been approved by the President of The University of North Carolina as existing to support athletic or charitable programs. If a payroll deduction plan under this subsection results in additional costs to a constituent institution, these costs shall be paid by the qualified charitable organizations receiving contributions under the plan. Payroll Deduction for University of North Carolina System Employees to Pay for Discretionary Privileges of University Service. - Subject to rules adopted by the State Controller, if a constituent institution of The University of North Carolina approves a payroll deduction plan under this subsection, an employee of the constituent institution may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the constituent institution, of one or more designated lump sums to be applied to the cost of corresponding discretionary privileges available at employee expense from the employing institution. Discretionary privileges from the employing institution that may be paid for through this subsection include parking privileges, athletic passes, use of recreational facilities, admission to campus concert series, and access to other institutionally hosted or provided entertainments, events, and facilities. Assignment of Payments From the Underground Storage Tank Cleanup Funds. - This section does not apply to an assignment of any claim for payment or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund established by G.S. 143-215.94B or the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund established by G.S. 143-215.94D. Assignment of Funds Allocated by the State Board of Education to Charter Schools. - This section does not apply to assignments by charter schools to obtain funds for facilities, equipment, or operations pursuant to G.S. 115C-218.105. An employee of any local board of education who is a member of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, may authorize in writing the periodic deduction each payroll period from the employee's salary or wages a designated lump sum or sums to be paid for dues and voluntary contributions for the employees' association. The total membership count and the public school teacher membership count of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, shall be verified and certified annually by the State Auditor. An authorization under this subsection shall remain in effect until revoked by the employee. A plan of payroll deductions pursuant to this subsection for employees of the State and other association members shall become void if the employees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit. This subsection does not apply to county or municipal governments or any local governmental unit, except for local boards of education. History (2006-66, s. 6.19(a), (b); 2006-203, s. 9; 2006-221, s. 3A; 2006-259, s. 40(a), (b); 2006-264, s. 67(b); 2012-1, s. 1; 2013-355, s. 4; 2014-100, s. 7; 2014-115, ss. 62(a), 62(b).) Editor's Note. - Session Laws 2006-203, s. 9, enacted this section as G.S. 143B-426.39A, and was recodified as G.S. 143B-426.39D by Session Laws 2006-66, s. 6.19(a), as added by Session Laws 2006-221, s. 3A; it was recodified as G.S. 143B-426.40A at the direction of the Revisor of Statutes. Session Laws 2006-66, s. 6.19(b), as added by Session Laws 2006-221, s. 3A, effective July 1, 2007, stated that if House Bill 914, 2005 Regular Session [2006-203], becomes law, effective July 1, 2007, the same amendment to G.S. 143-3.3(g) made by Section 6.35 of S.L. 2005-276 is also made to G.S. 143B-426.39D(g) [now G.S. 143B-426.40A(g)], as enacted by Section 9 of House Bill 914 [2006-203] and recodified by Section 6.19(a) of this section. Session Laws 2006-259, s. 40(a) and (b), which made identical changes to those made by Session Laws 2006-66, s. 6.19(a) and (b), as added by Session Laws 2006-221, s. 3A, was repealed, pursuant to the terms of Session Laws 2006-259, s. 40(i), upon Session Laws 2006-221 becoming law. Session Laws 2006-264, s. 67(b), provided that if House Bill 914, 2005 Regular Session [2006-203], became law, then the same amendment made to G.S. 143-3.3(g) by Session Laws 2006-264, s. 67(a), would be made to G.S. 143B-426.39D(g) [now 143B-426.40A(g)]. Session Laws 2013-355, s. 8, provides, in part: "Nothing in this act shall be construed to affect pending litigation." Session Laws 2013-355, s. 4, added subsection (m). Session Laws 2014-115, s. 62(a), repealed Session Laws 2012-1, effective August 11, 2014. As amended by Session Laws 2012-1, s. 1, effective July 1, 2011, subsection (g) read: "(g) Payroll Deduction for Payments to Certain Employees' Associations Allowed. - An employee of the State or any of its political subdivisions other than local boards of education, institutions, departments, bureaus, agencies or commissions, or any of its community colleges, who is a member of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State or a political subdivision of the State other than a local board of education, may authorize, in writing, the periodic deduction each payroll period from the employee's salary or wages a designated lump sum to be paid to the employees' association. A political subdivision may also allow periodic deductions for a domiciled employees' association that does not otherwise meet the minimum membership requirements set forth in this paragraph. "An authorization under this subsection shall remain in effect until revoked by the employee. A plan of payroll deductions pursuant to this subsection for employees of the State and other association members shall become void if the employees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit. This subsection does not apply to county or municipal governments or any local governmental unit." The Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund, created in G.S. 143-215.94D, and referred to in subsection ( l ), is repealed effective December 31, 2016. Effect of Amendments. - Session Laws 2006-66, s. 6.19(b), as amended by Session Laws 2006-221, s. 3A, effective July 1, 2007, in subsection (g), in the first paragraph, inserted "political subdivisions," and ", a political subdivision of the State," and substituted "500" for "the majority." See Editor's note. Session Laws 2006-264, s. 67(b), effective August 27, 2006, added the last sentence in the first paragraph of subsection (g). See Editor's note. Session Laws 2012-1, s. 1, effective July 1, 2011, in the first paragraph of subsection (g), inserted "other than local boards of eduction," deleted "local boards of education or" preceding "community colleges," substituted "State or" for "State," and substituted "State other than a local board of education," for "State, or public school employees,"; deleted the former second paragraph, which read "An employee of any local board of education who is a member of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, may authorize in writing the periodic deduction each payroll period from the employee's salary or wages a designated lump sum or sums to be paid for dues and voluntary contributions for the employees' association."; and in the second paragraph, deleted "except for local boards of education" at the end. Session Laws 2013-355, s. 4, effective July 25, 2013, added subsection (m). For applicability, see editor's note. Session Laws 2014-100, s. 7, effective August 6, 2014, substituted "G.S. 115C-218.105" for "G.S. 115C-238.29H" at the end of subsection (m). Session Laws 2014-115, s. 62(b), effective August 11, 2014, added the last sentence in the first and second paragraphs of subsection (g). Legal Periodicals. - As to assignments in general, see 13 N.C. L. Rev. 113, 118 (1935).