North Carolina § 143B-703 - Repair or replacement of personal property.

§ 143B-703. Repair or replacement of personal property.

The Secretary of Public Safety may adopt rules governing repair or replacement of personal property items excluding private passenger vehicles that belong to employees of State facilities within the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and that are damaged or stolen by inmates of the State facilities provided that the item is determined by the Secretary to be damaged or stolen on or off facility grounds during the performance of employment and necessary for the employee to have in his possession to perform his assigned duty. Reimbursement for items damaged or stolen shall not be granted in instances in which the employee is determined to be negligent or otherwise at fault for the damage or loss of the property. Negligence shall be determined by the superintendent of the facility. The superintendent of the facility shall determine if the person seeking reimbursement has made a good faith effort to recover the loss from all other non-State sources and has failed before reimbursement is granted. Reimbursement shall be limited to the amount specified in the rules and shall not exceed a maximum of two hundred dollars ($200.00) per incident. No employee shall receive more than five hundred dollars ($500.00) per year in reimbursement. Reimbursement is subject to the availability of funds. The Secretary of Public Safety shall establish by rule an appeals process consistent with Chapter 150B of the General Statutes. History (1987, c. 639, s. 1; 1989, c. 189, s. 2; 2011-145, s. 19.1(h), (i), (s); 2017-186, s. 1(f).) Editor's Note. - Former G.S. 143B-261.2 was recodified by Session Laws 2011-145, s. 19.1(s), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 19.1(s) recodified former Article 6 of Chapter 143B as Part 2 of Article 5A of Chapter 143B , effective January 1, 2012, but the statutory numbering remained the same. Article 5A was renumbered as Article 13, and former G.S. 143B-260 through 143B-271 were renumbered as G.S. 143B-700 through 143B-726 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 19.1(h) and (i), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subsection (a); and substituted "Secretary of Public Safety" for "Secretary of Correction" in subsections (a) and (f). Session Laws 2017-186, s. 1(f), effective December 1, 2017, inserted "and Juvenile Justice" in subsection (a).