Article 6A. - Cash Management
G.S. 147-86.10 Statement of policy.
It is the policy of the State of North Carolina that all agencies, institutions, departments, bureaus, boards, commissions and officers of the State, whether or not subject to the Executive Budget Act, Chapter 143, Article 1 of the General Statutes, shall devise techniques and procedures for the receipt, deposit, and disbursement of moneys coming into their control and custody which are designed to maximize interest-bearing investment of cash, and to minimize idle and nonproductive cash balances. This policy shall apply to the General Court of Justice as defined in Article IV of the North Carolina Constitution, the public school administrative units, and the community colleges with respect to the receipt, deposit, and disbursement of moneys required by law to be deposited with the State Treasurer and with respect to moneys made available to them for expenditure by warrants drawn on the State Treasurer. (1985, c 709, s. 1.)
G.S. 147-86.11. Cash management for the State.
(a) The State Controller, with the advice and assistance of the State Treasurer, the State Budget Officer, and the State Auditor, shall develop, implement and amend as necessary a uniform statewide plan to carry out the cash management policy for all State agencies. The State Auditor shall report annually to the Advisory Budget Commission and the General Assembly on the implementation of the plan as shown in the audits completed during the prior fiscal year. The State Treasurer shall recommend periodically to the General Assembly any implementing legislation necessary or desirable in the furtherance of the State policy. When used in this section, "State agency" means any agency, institution, bureau, board, commission or officer of the State; however, except as provided in G.S. 147-86.12, 147-86.13, and 147-86.14, this Article shall not apply to the agencies, institutions, bureaus, boards, commissions and officers of the General Court of Justice as defined in Article IV of the North Carolina Constitution or to the local school administrative units and community colleges and their officers and employees.
(b) The State Auditor pursuant to this authority under G.S. 147-64.6 shall monitor agency compliance with this Article, and make any comments, suggestions, and recommendations he deems advisable to the agencies.
(c) The State Treasurer shall publish a quarterly report on all funds in the control or custody of the State Treasurer showing cash balances on hand, investments of cash balances and a comparative analysis of earnings and investment performances.
(d) The statewide cash management plan shall provide that any net earnings on invested funds, whose beneficial owner is not the State or a local governmental unit, shall be paid to the beneficial owners of the funds. "Net earnings" are the amounts remaining after allowance for the cost of administration, management, and operation of the invested funds.
(e) For moneys received or
to be received, the statewide cash management plan shall provide at a minimum
that:
- (1) Except as otherwise
provided by law, moneys received by employees of State agencies in the
normal course of their employment shall be deposited as follows:
- a. Moneys received in trust
for specific beneficiaries for which the employee-custodian has a duty
to invest shall be deposited with the State Treasurer under the provisions
of G.S. 147-69.3.
b. All other moneys received
shall be deposited with the State Treasurer pursuant to G.S. 147-77 and
G.S. 147-69.1.
G.S. 147-86.11
(2) Moneys received shall
be deposited daily in the form and amounts received, except as otherwise
provided by statute;
(3) Moneys due to a State agency by another governmental agency or by private persons shall be promptly billed, collected and deposited;
(4) Unpaid billings due to a State agency shall be turned over to the Attorney General for collection no more than 90 days after the due date of the billing, except that a State agency need not turn over to the Attorney General unpaid billings of less that five hundred dollars ($500.00), or (for institutions where applicable) amounts owed by all patients which are less than the federally established deductible applicable to Part A of the Medicare program, and instead may handle these unpaid bills pursuant to agency debt collection procedures; and
(5) Moneys received in the
form of warrants drawn on the State Treasurer shall be deposited by the
State agency directly with the State Treasurer and not through the banking
system, unless otherwise approved by the State Treasurer.
(1) Moneys deposited with the State Treasurer remain on deposit with the State Treasurer until final disbursement to the ultimate payee;
(2) The order in which appropriations and other available resources are expended shall be subject to the provisions of G.S. 143-27 regardless of whether the State agency disbursing or expending the moneys is subject to the Executive Budget Act;
(3) Federal and other reimbursements of expenditures paid from State funds shall be paid immediately to the source of the State funds;
(4) Billings to the State for goods received or services rendered shall be paid neither early nor late but on the discount date or due date to the extent practicable; and
(5) Disbursement cycles for each agency shall be established to the extent practicable so that the overall efficiency of the warrant disbursement system is maximized while maintaining prompt payment of bills due.
(g) The interest earnings
of the General Fund and Highway Fund shall be maximized to the extent practicable.
To this end:
- (1) Interest earnings shall
not be allocated to an account by the State Treasurer unless the moneys
in the account are expressly eligible by law for receiving interest allocations;
(2) State officers and employees who receive moneys in trust or for investment shall be solely responsible for properly segregating such funds for investment in the manner prescribed by law. The officer or employee charged with the responsibility for these moneys shall be under a duty to segregate the funds in a timely manner. No investment income shall be allocated by the State Treasurer to trust or other investment accounts until properly segregated into investments accounts as provided by law and the rules of the State Treasurer.
(h) The statewide cash management plan shall consider new technologies and procedures whenever the technologies and procedures are economically beneficial to the State as a whole. Where the new technologies and procedures may be implemented without additional legislation, the technologies and procedures shall be implemented in the plan.
(i) A willful or continued
failure of an employee paid from State funds or employed by a State agency
to follow the statewide cash management plan is sufficient cause for immediate
dismissal of the employee.