§1-606. Definitions

The following words and phrases when used in this act have the following meanings, unless the context clearly indicates otherwise:

(1)        "Attorney General." - The Attorney General of North Carolina, or any deputy, assistant, or associate attorney general.

(2)        "Claim." - Any request or demand, whether under a contract or otherwise, for money or property and whether or not the State has title to the money or property that (i) is presented to an officer, employee, or agent of the State or (ii) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest and if the State government:

a.         Provides or has provided any portion of the money or property that is requested or demanded; or

b.         Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.

A claim does not include requests or demands for money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.

(3)        "Judiciary." - A justice or judge of the General Court of Justice or clerk of court.

(4)        "Knowing" and "knowingly." - Whenever a person, with respect to information, does any of the following:

a.         Has actual knowledge of the information.

b.         Acts in deliberate ignorance of the truth or falsity of the information.

c.         Acts in reckless disregard of the truth or falsity of the information.

Proof of specific intent to defraud is not required.

(5)        "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(6)        "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.

(7)        "Public employee," "public official," and "public employment" includes federal, State, and local employees and officials.

(8)        "Senior executive branch official." - The Governor, Lieutenant Governor, member of the Council of State, or head of department as defined in G.S. 143B-3.

(2009-554, s. 1.)