FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 116-291 — NC Code / Chapter 116 / Section 116-291
§ 116-291. Cheatham-White Scholarships; fund established; administration of fund
Status: in_force

(a) Fund Established.--There is established the Cheatham-White Scholarships Fund to be used to fund scholarships awarded pursuant to this Article. Both private and public funds may be solicited in the creation of the fund.

(b) Matching Funds.--The funds appropriated each fiscal year to the Cheatham-White Scholarships Fund shall be matched by non-State funds and disbursed pursuant to G.S. 143C-4-5 .

(c) Administration of Fund.--The University of North Carolina System Office shall administer the Cheatham-White Scholarships Fund and the Cheatham-White Scholarships program.
N.C. Gen. Stat. § 160A-631 — NC Code / Chapter 160A / Section 160A-631
§ 160A-631. Definitions
Status: in_force

As used in this Article, unless the context otherwise requires:

(1) “Authority” means a Regional Transportation Authority as defined by subdivision (6) of this section.

(2) “Board of Trustees” means the governing board of the Authority, in which the general legislative powers of the Authority are vested.

(3) “Population” means the number of persons residing in respective areas as defined and enumerated in the most recent decennial federal census.

(4) “Public transportation” means transportation of passengers whether or not for hire by any means of conveyance, including, but not limited to, a street or elevated railway or guideway, subway, motor vehicle or motor bus, carpool or vanpool, either publicly or privately owned and operated, holding itself out to the general public for the transportation of persons within or working within the territorial jurisdiction of the Authority, excluding charter, tour, or sight-seeing service.

(5) “Public transportation system” means, without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, vehicle parking, or other facilities, railroads and railroad rights-of-way whether held in fee simple by quitclaim or easement, and rights-of-way, or any combination thereof, used or useful for the purposes of public transportation. “Public transportation system” however, does not include streets, roads, or highways except those for ingress and egress to vehicle parking.

(6) “Regional Transportation Authority,” means a body corporate and politic organized in accordance with the provisions of this Article for the purposes, with the powers and subject to the restrictions hereinafter set forth.

(7) “Unit of local government” means any county, city, town or municipality of this State, and any other political subdivision, public corporation, Authority, or district in this State, which is or may be authorized by law to acquire, establish, construct, enlarge, improve, maintain, own, and operate public transportation systems.

(8) “Unit of local government's chief administrative official” means the county manager, city manager, town manager, or other person, by whatever title he shall be known, in whom the responsibility for the unit of local government's administrative duties is vested.
N.C. Gen. Stat. § 25-8-501 — NC Code / Chapter 25 / Section 25-8-501
§ 25-8-501. Securities account; acquisition of security entitlement from securities intermediary
Status: in_force

(a) “Securities account” means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset.

(b) Except as otherwise provided in subsections (d) and (e) of this section, a person acquires a security entitlement if a securities intermediary:

(1) Indicates by book entry that a financial asset has been credited to the person's securities account;

(2) Receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person's securities account; or

(3) Becomes obligated under other law, regulation, or rule to credit a financial asset to the person's securities account.

(c) If a condition of subsection (b) of this section has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset.

(d) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset.

(e) Issuance of a security is not establishment of a security entitlement.
N.C. Gen. Stat. § 1-339-58 — NC Code / Chapter 1 / Section 1-339-58
§ 1-339.58. Postponement of sale
Status: reserved

(a) The sheriff may postpone the sale to a day certain not later than 90 days after the original date for the sale if any of the following occurs:

(1) There are no bidders.

(2) In the sheriff's judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty.

(3) There are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in the sheriff's judgment, to hold the sale on that day.

(4) The sheriff is unable to hold the sale because of illness or for other good reason.

(5) Other good cause exists.

The sheriff may postpone the sale more than once whenever any of these conditions are met, so long as the sale is held not later than 90 days after the original date for the sale, as computed pursuant to G.S. 1A-1, Rule 6 .

(b) Upon each postponement of the sale, the sheriff shall do all of the following:

(1) At the time and place advertised for the sale, publicly announce the postponement of the sale.

(2) On the same day, attach to or enter on the notice of sale, posted as provided by G.S. 1-339.52 in the case of real property or G.S. 1-339.53 in the case of personal property, a notice of the postponement.

(3) Give written or oral notice of postponement to the judgment debtor. Written notice of postponement shall be served in any manner provided in G.S. 1A-1, Rule 5(b) .

(c) The posted notice of postponement shall be signed by the sheriff and shall state the following:

(1) That the sale is postponed.

(2) The hour and date to which the sale is postponed.

(3) The reason for the postponement.

(4) Repealed by S.L. 2022-60, § 2(b), eff. Oct. 1, 2022 .

(d) If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, the sheriff shall report these facts to the clerk of the superior court, who shall order the time and place of the sale of the property and the manner and length of time for the notice of the sale. Nothing in this section relieves the sheriff of liability for the nonperformance of the sheriff's official duty.
N.C. Gen. Stat. § 54B-238 — NC Code / Chapter 54B / Section 54B-238
§ 54B-238. Examination and certification by Secretary of Commerce
Status: in_force

(a) Upon receipt from the Secretary of State of a copy of the articles of incorporation of a proposed guaranty association, the Secretary of Commerce shall at once examine all the facts connected with the formation of the proposed corporation. If the articles of incorporation are correct in form and substance and the examination shows that such corporation, if formed, would be entitled to commence the business of a guaranty association, the Secretary of Commerce shall so certify to the Secretary of State.

(b) The Secretary of Commerce may refuse to make such certification if upon examination he has reason to believe the proposed corporation is to be formed for any business other than assuring the liquidity of member institutions and guaranteeing deposits therein, if upon examination he has reason to believe that the character and general fitness of the incorporators are not such as to command the confidence of the general public or if the best interests of the public will not be promoted by its establishment.
N.C. Gen. Stat. § 28A-21-2-2 — NC Code / Chapter 28A / Section 28A-21-2-2
§ 28A-21-2.2. Final accounting by limited personal representative
Status: reserved

(a) Filing Requirement.--A limited personal representative appointed pursuant to Article 29 of this Chapter shall file a sworn affidavit or report listing all debts and other claims duly presented to the limited personal representative and providing proof that the debts and other claims were satisfied, compromised, or denied, and that the time for filing suit thereon has expired. The sworn affidavit or report shall be filed within 30 days of the later of the following:

(1) The date by which a claim must be presented as set forth in the general notice to creditors provided for in G.S. 28A-14-1 .

(2) The date by which an action for recovery of a rejected claim must be commenced under G.S. 28A-19-16 .

(b) Action by Clerk.--The affidavit or report shall be reviewed and recorded by the clerk of superior court. Following the review, the clerk of superior court shall take one of the following actions:

(1) Discharge the limited personal representative from office.

(2) Require the filing of any additional information or documents determined by the clerk to be necessary to the understanding of the affidavit or report.

(3) Order the full administration of the decedent's estate and appoint a personal representative.
N.C. Gen. Stat. § 47-55 — NC Code / Chapter 47 / Section 47-55
§ 47-55. Before officer in wrong capacity or out of jurisdiction
Status: in_force

All deeds, conveyances, or other instruments permitted by law to be registered in this State, which have been probated or ordered to be registered previous to January 1, 1913, before any officer of this or any other state or country, authorized by law to take acknowledgments or to order registration, where the certificate of the probate or order of registration is sufficient in form, but appears to have been certified by the officer in some capacity other than that in which such officer was authorized to act, or appears to have been made out of the county or district authorized by law, but within the State, and where the instrument with such certificate has been recorded in the proper county, are hereby declared to have been duly proved, probated and recorded, and to be valid.
N.C. Gen. Stat. § 84-21 — NC Code / Chapter 84 / Section 84-21
§ 84-21. Organization of Council; publication of rules, regulations and bylaws
Status: in_force

(a) The Council shall adopt the rules pursuant to G.S. 45A-9 .

(b) The rules and regulations adopted by the Council under this Article may be amended by the Council from time to time in any manner not inconsistent with this Article. Copies of all rules and regulations and of all amendments adopted by the Council shall be certified to the Chief Justice of the Supreme Court of North Carolina, entered by the North Carolina Supreme Court upon its minutes, and published in the next ensuing number of the North Carolina Reports and in the North Carolina Administrative Code: Provided, that the court shall decline to have so entered upon its minutes any rules, regulations and amendments which in the opinion of the Chief Justice are inconsistent with this Article.
N.C. Gen. Stat. § 42-7 — NC Code / Chapter 42 / Section 42-7
§ 42-7. In lieu of emblements, farm lessee holds out year, with rents apportioned
Status: reserved

When any lease for years of any land let for farming on which a rent is reserved determines during a current year of the tenancy, by the happening of any uncertain event determining the estate of the lessor, or by a sale of said land under any mortgage or deed of trust, the tenant in lieu of emblements shall continue his occupation to the end of such current year, and shall then give up such possession to the succeeding owner of the land, and shall pay to such succeeding owner a part of the rent accrued since the last payment became due, proportionate to the part of the period of payment elapsing after the termination of the estate of the lessor to the giving up such possession; and the tenant in such case shall be entitled to a reasonable compensation for the tillage and seed of any crop not gathered at the expiration of such current year from the person succeeding to the possession.
N.C. Gen. Stat. § 143-143-23 — NC Code / Chapter 143 / Section 143-143-23
§ 143-143.23. Other remedies not excluded
Status: in_force

Nothing in this Part, rules adopted by the Board, or any action of the Board shall limit any right or remedy available to the buyer or any power or duty of the Attorney General.
N.C. Gen. Stat. § 99-2 — NC Code / Chapter 99 / Section 99-2
§ 99-2. Effect of publication or broadcast in good faith and retraction
Status: in_force

(a) If it appears upon the trial that said article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in said article were true, and that within 10 days after the service of said notice a full and fair correction, apology and retraction was published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared, and in as conspicuous place and type as was said original article, then the plaintiff in such case, if a civil action, shall recover only actual damages, and if, in a criminal proceeding, a verdict of “guilty” is rendered on such a state of facts, the defendant shall be fined a penny and the costs, and no more.

(b) If it appears upon the trial that such words or acts were conveyed and broadcast in good faith, that their falsity was due to an honest mistake of the facts, or without prior knowledge or approval of such station, and if with prior knowledge or approval that there were reasonable grounds for believing that the words or acts were true, and that within 10 days after the service of said notice a full and fair correction, apology and retraction was conveyed or broadcast by or over such radio or television station at approximately the same time of day and by the same sending power so as to be as visible and audible as the original acts or words complained of, then the plaintiff in such case, if a civil action, shall recover only actual damages, and if, in a criminal proceeding, a verdict of “guilty” is rendered on such state of facts, the defendant shall be fined a penny and costs, and no more.
N.C. Gen. Stat. § 119-21 — NC Code / Chapter 119 / Section 119-21
§ 119-21. On failure to report, Secretary may determine tax
Status: in_force

Whenever any person shall neglect or refuse to make and file any report as required by this Article, or shall file an incorrect or fraudulent report, the Secretary of Revenue shall determine after an investigation the number of gallons of kerosene oil and other motor fuel with respect to which the person has incurred liability under the tax laws of the State of North Carolina, and shall fix the amount of the taxes and penalties payable by the person under this Article accordingly. In any action or proceeding for the collection of the inspection tax for kerosene oil or motor fuel and/or any penalties or interest imposed in connection therewith, an assessment by the Secretary of Revenue of the amount of tax due, and/or interest and/or penalties due to the State, shall constitute prima facie evidence of the claim of the State; and the burden of proof shall be upon the person to show that the assessment was incorrect and contrary to law; and the Secretary of Revenue may institute action therefor in the Superior Court of Wake County, regardless of the residence of such person or the place where the default occurred.
N.C. Gen. Stat. § 147-64-5 — NC Code / Chapter 147 / Section 147-64-5
§ 147-64.5. Cooperation with Joint Legislative Commission on Governmental Operations and other governmental bodies
Status: in_force

(a) Joint Legislative Commission on Governmental Operations.--The Auditor shall furnish copies of any and all audits only when requested by the Joint Legislative Commission on Governmental Operations. The copies shall be in written or electronic form, as requested. Accordingly, the Auditor shall, upon request by the chairmen, appear before the Commission to present findings and answer questions concerning the results of these audits. The Commission is hereby authorized to use these audit findings in its inquiries concerning the operations of State agencies and is empowered to require agency heads to advise the Commission of actions taken or to be taken on any recommendations made in the report or explain the reasons for not taking action.

(b) Requests for Auditor Assistance.--Committees of the General Assembly, the Governor, and other State officials may make written requests that the Auditor undertake, to the extent deemed practicable and within the resources provided, a specific audit or investigation; provide technical assistance and advice; and provide recommendations on management systems, finance, accounting, auditing, and other areas of management interest. The Auditor may request the advice of the Joint Legislative Commission on Governmental Operations in prioritizing these requests and in determining whether the requests are practicable and can be undertaken within the resources provided.

(c) Cooperation with Other Governmental Bodies.--The Auditor shall cooperate, act, and function with other audit or evaluation organizations in the State, with appropriate councils or committees of other states, with governing bodies of the political subdivisions of the State, and with federal agencies in an effort to maximize the extent of intergovernmental audit coordination and thereby avoid unnecessary duplication and expense of audit effort. Nothing in this Article is intended nor shall it be construed as giving the Auditor control over the internal auditors of any agency.
N.C. Gen. Stat. § 160A-240-1 — NC Code / Chapter 160A / Section 160A-240-1
§ 160A-240.1. Power to acquire property
Status: in_force

A city may acquire, by gift, grant, devise, exchange, purchase, lease, or any other lawful method, the fee or any lesser interest in real or personal property for use by the city or any department, board, commission or agency of the city. In exercising the power of eminent domain a city shall use the procedures of Chapter 40A.
N.C. Gen. Stat. § 30-3-1 — NC Code / Chapter 30 / Section 30-3-1
§ 30-3.1. Right of elective share
Status: reserved

(a) Elective Share.--The surviving spouse of a decedent who dies domiciled in this State has a right to claim an “ elective share ”, which means an amount equal to (i) the applicable share of the Total Net Assets, as defined in G.S. 30-3.2(4) , less (ii) the value of Net Property Passing to Surviving Spouse, as defined in G.S. 30-3.2(2c) . The applicable share of the Total Net Assets is as follows:

(1) If the surviving spouse was married to the decedent for less than five years, fifteen percent (15%) of the Total Net Assets.

(2) If the surviving spouse was married to the decedent for at least five years but less than 10 years, twenty-five percent (25%) of the Total Net Assets.

(3) If the surviving spouse was married to the decedent for at least 10 years but less than 15 years, thirty-three percent (33%) of the Total Net Assets.

(4) If the surviving spouse was married to the decedent for 15 years or more, fifty percent (50%) of the Total Net Assets.

(b) Repealed by S.L. 2013-91, § 1(d), eff. Oct. 1, 2013 .

(c) Repealed by S.L. 2009-368, § 1, eff. Aug. 27, 2009 .
N.C. Gen. Stat. § 15A-931 — NC Code / Chapter 15A / Section 15A-931
§ 15A-931. Voluntary dismissal of criminal charges by the State
Status: in_force

(a) Except as provided in G.S. 20-138.4 , the prosecutor may dismiss any charges stated in a criminal pleading including those deferred for prosecution by entering an oral dismissal in open court before or during the trial, or by filing a written dismissal with the clerk at any time. The clerk must record the dismissal entered by the prosecutor and note in the case file whether a jury has been impaneled or evidence has been introduced.

(a1) Unless the defendant or the defendant's attorney has been notified otherwise by the prosecutor, a written dismissal of the charges against the defendant filed by the prosecutor shall be served in the same manner prescribed for motions under G.S. 15A-951 . In addition, the written dismissal shall also be served on the chief officer of the custodial facility when the record reflects that the defendant is in custody.

(b) No statute of limitations is tolled by charges which have been dismissed pursuant to this section.
N.C. Gen. Stat. § 75D-1 — NC Code / Chapter 75D / Section 75D-1
§ 75D-1. Short title
Status: in_force

This Chapter shall be known and may be cited as the North Carolina Racketeer Influenced and Corrupt Organizations Act (RICO).
N.C. Gen. Stat. § 138-8 — NC Code / Chapter 138 / Section 138-8
§ 138-8. Moving expenses of State employees
Status: in_force

Subject to the rules and regulations promulgated by the Office of State Budget and Management and approved by the Director of the Budget, any department, institution or agency of the State is hereby authorized to pay, from funds available to it, reasonable expenses for transporting the household goods of an employee and members of his household when the transfer of the employee is considered by the Director of the Budget to be in the best interests of the State.
N.C. Gen. Stat. § 136-5-1 — NC Code / Chapter 136 / Section 136-5-1
§ 136-5.1. Transportation system
Status: in_force

For the purpose of this Chapter, transportation system is defined as all modes of transportation infrastructure owned and maintained by the North Carolina Department of Transportation, including roads, highways, rail, ferry, aviation, public transportation, and bicycle and pedestrian facilities.
N.C. Gen. Stat. § 19A-34 — NC Code / Chapter 19A / Section 19A-34
§ 19A-34. Penalty for acting as dealer without license; disposition of animals in custody of unlicensed dealer
Status: in_force

Acting as a dealer in animals as defined in this Article without a currently valid dealer's license shall constitute a Class 2 misdemeanor. Continued illegal operation after conviction shall constitute a separate offense. Animals found in possession or custody of an unlicensed dealer shall be subject to immediate seizure and impoundment and upon conviction of such unlicensed dealer shall become subject to sale or euthanasia in the discretion of the Director.
N.C. Gen. Stat. § 87-50 — NC Code / Chapter 87 / Section 87-50
§ 87-50. Reciprocity
Status: in_force

To the extent that other states which provide for the licensing of electrical contractors provide for similar action, the Board may grant licenses of the same or equivalent classification to electrical contractors licensed by other states without written examination upon satisfactory proof furnished to the Board that the qualifications of such applicants are equal to the qualifications of holders of similar licenses in North Carolina and upon payment of the required fee.
N.C. Gen. Stat. § 58-31-12 — NC Code / Chapter 58 / Section 58-31-12
§ 58-31-12. Policy forms
Status: in_force

The Commissioner, with the approval of the Council of State, may adopt insurance forms for coverages provided by the State Property Fire Insurance Fund under this Article.
N.C. Gen. Stat. § 160D-1306 — NC Code / Chapter 160D / Section 160D-1306
§ 160D-1306. Appropriations authorized
Status: in_force

For the purposes set forth in this Part, a local government may appropriate funds not otherwise limited as to use by law.