GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-201
AN ACT TO PROVIDE THAT THE COST AND EXPENSES OF TRANSPORTING A RESPONDENT IN AN INVOLUNTARY COMMITMENT PROCEEDING MAY BE RECOVERED FROM THE RESPONDENT'S COUNTY OF RESIDENCE.
The General Assembly of North Carolina enacts:
Section 1. G.S. 122C-251(h) reads as rewritten:
"(h) The cost and expenses
of transporting a respondent to or from a 24-hour facility is the
responsibility of the county of residence of the respondent. The State
(when providing transportation under G.S. 122C-408(b)), a city, or a county is
entitled to recover the reasonable cost of transportation from either (i)
the respondent or some other individual liable for his support and maintenance,
if there is property sufficient to pay the cost; or (ii) the county of
residence of an indigent respondent. the county of residence of the
respondent. The county of residence of the respondent shall reimburse the
State, another county, or a city the reasonable transportation costs incurred
as authorized by this subsection. The county of residence of the
respondent is entitled to recover the reasonable cost of transportation it has
paid to the State, a city, or a county. Provided that the respondent or
other individual liable for the respondent's support is provided a reasonable
notice and opportunity to object to the reimbursement. The county of
residence of the respondent may recover that cost from:
(1) The respondent, if the respondent is not indigent;
(2) Any person or entity that is legally liable for the resident's support and maintenance provided there is sufficient property to pay the cost;
(3) Any person or entity that is contractually responsible for the cost; or
(4) Any person or entity that otherwise is liable under federal, State, or local law for the cost."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of June, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 1:18 p.m. this 21st day of June, 1999