AN ACT AUTHORIZING COUNTIES AND CITIES TO ATTACH AND GARNISH A MEMBER OF THE GOVERNING BODY IF THE COUNTY OR CITY HAS BEEN GRANTED A MONEY JUDGMENT AGAINST THAT MEMBER AND THE MONEY JUDGMENT HAS NOT BEEN SATISFIED. Enacted June 30, 2014. Effective October 1, 2014.
Bill Summaries: H 346 GOVERNING BODIES/COLLECT UNPAID JUDGMENTS.
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Tracking:
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Bill H 346 (2013-2014)Summary date: Jul 1 2014 - View Summary
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Bill H 346 (2013-2014)Summary date: Jun 10 2014 - View Summary
The Senate committee substitute to the 3rd edition change the act's effective date from October 1, 2013, to October 1, 2014.
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Bill H 346 (2013-2014)Summary date: Apr 11 2013 - View Summary
House amendment makes the following changes to the 2nd edition.
Amends GS 160A-64.1 and GS 153A-30, providing that the provisions found in GS 105-368(a), which limits the amount of compensation that may be garnished to not more than 10% for any one pay period does not apply to these statutes.
Makes a clarifying correction.
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Bill H 346 (2013-2014)Summary date: Apr 4 2013 - View Summary
House committee substitute to the 1st edition makes the following changes. Deletes the proposed language in new GS 160A-64.1 and new GS 153A-30. Provides instead in those statutes that in addition to any other enforcement available, the finance officer obtaining a final judgment awarding monetary damages against an elected or appointed member of the city council may enforce the final judgment using remedies in GS 105-336(b) or the procedure for attachment and garnishment in GS 105-368 as if the judgment was delinquent taxes and as if the finance officer was the tax collector.
Applies to final judgments awarding monetary damages that are unsatisfied or entered on or after October 1, 2013.
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Bill H 346 (2013-2014)Summary date: Mar 19 2013 - View Summary
Amends GS 160A and GS 153A-30 by adding new sections GS 160A-64.1 (Witholding compensation; money judgment against council member) and GS 153A-30 (Witholding compensation; money judgment against a board member), providing that a monetary judgment against an elected or appointed member of a governing body can be withheld from nonexempt holdings from the member's compensation set under GS 160A-64. Defines disposable income and nonexempt earnings as they are to be used in this section.
City finance officer must give notice of the withholding and that the member has the right to submit an objection. Provides procedures for notice and when it is deemed sufficient. Not later than five days after the notice is served, the member will submit an objection to the withholding, if objecting, and not later than 10 days after the notice of objection, the finance officer will hold a hearing. If the finance officer determines there is merit to the objection, the council will address it in the next open meeting and decide how to proceed. If no merit exists, the council or board will notify the member that the member's compensation will be withheld and direct the officer to do so. Withholding will continue until the member is no longer serving or the amount is paid in full.
The member may appeal the financial director's decision to withhold money and the council or board will schedule the hearing for an open session. These new provisions do not prevent the city or county from collecting the unpaid judgment from any other means authorized by law.
Effective January 1, 2014, applying to money judgments that are unsatisfied or entered on or after that date.