State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-426_40A

§ 143B‑426.40A. Assignments of claims against State.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Assignment. Anassignment or transfer of a claim, or a power of attorney, an order, or anotherauthority for receiving payment of a claim.

(2)        Claim. A claim, apart or a share of a claim, or an interest in a claim, whether absolute orconditional.

(3)        Qualified charitableorganization. A charitable organization that is exempt from federal income taxpursuant to section 501(c)(3) of the Internal Revenue Code.

(4)        State employeecredit union. A credit union organized under Chapter 54 of the General Statuteswhose membership is at least one‑half employees of the State.

(5)        The State. The Stateof North Carolina and any department, bureau, or institution of the State ofNorth Carolina.

(b)        AssignmentsProhibited. – Except as otherwise provided in this section, any assignment of aclaim against the State is void, regardless of the consideration given for theassignment, unless the claim has been duly audited and allowed by the State andthe State has issued a warrant for payment of the claim. Except as otherwiseprovided in this section, the State shall not issue a warrant to an assignee ofa claim against the State.

(c)        Assignments in Favorof Certain Entities Allowed. – This section does not apply to an assignment infavor of:

(1)        A hospital.

(2)        A building and loanassociation.

(3)        A uniform rentalfirm in order to allow an employee of the Department of Transportation to rentuniforms that include Day‑Glo orange shirts or vests as required byfederal and State law.

(4)        An insurance companyfor medical, hospital, disability, or life insurance.

(d)        Assignments to MeetChild Support Obligations Allowed. – This section does not apply to assignmentsmade to meet child support obligations pursuant to G.S. 110‑136.1.

(e)        Assignments forPrepaid Legal Services Allowed. – This section does not apply to an assignmentfor payment for prepaid legal services.

(f)         Payroll Deductionfor State Employees' Credit Union Accounts Allowed. – An employee of the Statewho is a member of a State employee credit union may authorize, in writing, theperiodic deduction from the employee's salary or wages paid for employment bythe 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 obligationsagreed to by the employee and the State Employees' Credit Union.

(f1)       Payroll Deductionfor Contributions to the Parental Savings Fund Allowed. – An employee of theState may authorize, in writing, the periodic deduction from the employee'ssalary or wages paid for employment by the State of a designated lump sum fordeposit in the Parental Savings Trust Fund administered by the State EducationAssistance Authority.

(g)        Payroll Deductionfor Payments to Certain Employees' Associations Allowed. – An employee of theState or any of its political subdivisions, institutions, departments, bureaus,agencies or commissions, or any of its local boards of education or communitycolleges, who is a member of a domiciled employees' association that has atleast 2,000 members, 500 of whom are employees of the State, a politicalsubdivision of the State, or public school employees, may authorize, in writing,the periodic deduction each payroll period from the employee's salary or wagesa designated lump sum to be paid to the employees' association. A politicalsubdivision may also allow periodic deductions for a domiciled employees'association that does not otherwise meet the minimum membership requirementsset forth in this paragraph.

An employee of any local boardof education who is a member of a domiciled employees' association that has atleast 40,000 members, the majority of whom are public school teachers, mayauthorize in writing the periodic deduction each payroll period from theemployee's salary or wages a designated lump sum or sums to be paid for duesand voluntary contributions for the employees' association.

An authorization under thissubsection shall remain in effect until revoked by the employee. A plan ofpayroll deductions pursuant to this subsection for employees of the State andother association members shall become void if the employees' associationengages in collective bargaining with the State, any political subdivision ofthe State, or any local school administrative unit. This subsection does notapply to county or municipal governments or any local governmental unit, exceptfor local boards of education.

(h)        Payroll Deductionfor State Employees Combined Campaign Allowed. – Subject to rules adopted bythe State Controller, an employee of the State may authorize, in writing, theperiodic deduction from the employee's salary or wages paid for employment bythe State of a designated lump sum to be paid to satisfy the employee's pledgeto the State Employees Combined Campaign.

(i)         Payroll Deductionfor Public School and Community College Employees' Contributions to CharitableOrganizations Allowed. – Subject to rules adopted by the State Controller, anemployee of a local board of education or community college may authorize, inwriting, the periodic deduction from the employee's salary or wages paid foremployment by the board of education or community college of a designated lumpsum to be contributed to a qualified charitable organization that has firstbeen approved by the employee's board of education or community college board.

(j)         Payroll Deductionfor University of North Carolina System Employees' Contributions to CertainCharitable Organizations Allowed. – Subject to rules adopted by the StateController, if a constituent institution of The University of North Carolinaapproves a payroll deduction plan under this subsection, an employee of theconstituent institution may authorize, in writing, the periodic deduction fromthe employee's salary or wages paid for employment by the constituentinstitution of a designated lump sum to be contributed to a qualifiedcharitable organization that exists to support athletic or charitable programsof the constituent institution and that has first been approved by thePresident of The University of North Carolina as existing to support athleticor charitable programs. If a payroll deduction plan under this subsectionresults in additional costs to a constituent institution, these costs shall bepaid by the qualified charitable organizations receiving contributions underthe plan.

(k)        Payroll Deductionfor University of North Carolina System Employees to Pay for DiscretionaryPrivileges of University Service. – Subject to rules adopted by the StateController, if a constituent institution of The University of North Carolinaapproves a payroll deduction plan under this subsection, an employee of theconstituent institution may authorize, in writing, the periodic deduction fromthe employee's salary or wages paid for employment by the constituentinstitution, of one or more designated lump sums to be applied to the cost ofcorresponding discretionary privileges available at employee expense from theemploying institution. Discretionary privileges from the employing institutionthat may be paid for through this subsection include parking privileges,athletic passes, use of recreational facilities, admission to campus concertseries, and access to other institutionally hosted or provided entertainments,events, and facilities.

(l)         Assignment ofPayments From the Underground Storage Tank Cleanup Funds. – This section doesnot apply to an assignment of any claim for payment or reimbursement from theCommercial Leaking Petroleum Underground Storage Tank Cleanup Fund establishedby G.S. 143‑215.94B or the Noncommercial Leaking Petroleum UndergroundStorage Tank Cleanup Fund established by G.S. 143‑215.94D. (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).)