A BILL TO BE ENTITLED
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.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 1 of Article 5 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows:
"§ 160A‑64.1.  Withholding compensation; money judgment against council member.
In addition to any other enforcement available, the finance officer of a city that obtains a final judgment awarding monetary damages against an elected or appointed member of the city council, either individually or jointly, may enforce that final judgment using any of the remedies set forth in G.S. 105‑366(b) or the procedure for attachment and garnishment set forth in G.S. 105‑368 as if final judgment awarding monetary damages were delinquent taxes and that finance officer were the tax collector. The provision of G.S. 105-368(a) that limits the amount of compensation that may be garnished to not more than ten percent (10%) for any one pay period shall not apply to this section."
SECTION 2.  Part 1 of Article 4 of Chapter 153A of the General Statutes is amended by adding a new section to read as follows:
"§ 153A‑30.  Withholding compensation; money judgment against board member.
In addition to any other enforcement available , the finance officer of a county that obtains a final judgment awarding monetary damages against an elected or appointed member of the board of commissioners, either individually or jointly, may enforce that final judgment using any of the remedies set forth in G.S. 105‑366(b) or the procedure for attachment and garnishment set forth in G.S. 105‑368 as if final judgment awarding monetary damages were delinquent taxes and that finance officer were the tax collector. The provision of G.S. 105‑368(a) that limits the amount of compensation that may be garnished to not more than ten percent (10%) for any one pay period shall not apply to this section."
SECTION 3.  This act becomes effective October 1, 2013, and applies to final judgments awarding monetary damages that are unsatisfied or entered on or after that date.