FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 106-389 — NC Code / Chapter 106 / Section 106-389
§ 106-389. Brucellosis defined; program for vaccination; sale, etc., of vaccine; cooperation with the United States Department of Agriculture
Status: in_force

“Brucellosis” shall mean the disease wherein an animal is infected with Brucella organisms (including Brucella Abortus, B. Melitensis and B. Suis), irrespective of the occurrence or absence of abortion or other symptoms. An animal shall be declared affected with brucellosis if it is classified as a reactor to a serological test for the disease, or if the Brucella organism has been found in the body, its secretions or discharges. The State Veterinarian is hereby authorized and empowered to set up a program for the vaccination of calves in accordance with the recommendations of the Brucellosis Committee of the United States Livestock Sanitary Association, and approved by the United States Department of Agriculture, when in his opinion vaccination is necessary for the control and eradication of brucellosis. Vaccinated animals shall be permanently identified by tattooing or other methods approved by the Commissioner of Agriculture. Above the ages designated by regulation of the Board of Agriculture, all such vaccinates classified as reactors on an official test for brucellosis, shall be considered as affected with brucellosis and shall be branded with the letter “B” in accordance with G.S. 106-390 . It shall be unlawful to sell, offer for sale, distribute, or use brucellosis vaccine or any product containing live Brucella organisms, except as provided for in regulations adopted by the Board of Agriculture.

The control and eradication of brucellosis in the herds of North Carolina shall be conducted as far as available funds will permit, and in accordance with the rules and regulations made by the Board of Agriculture. The Board of Agriculture is hereby authorized to cooperate with the United States Department of Agriculture in the control and eradication of brucellosis.
N.C. Gen. Stat. § 153A-441 — NC Code / Chapter 153A / Section 153A-441
§ 153A-441. County surveyor
Status: in_force

A county may appoint as county surveyor a person licensed as a professional land surveyor pursuant to Chapter 89C of the General Statutes.
N.C. Gen. Stat. § 48-9-102 — NC Code / Chapter 48 / Section 48-9-102
§ 48-9-102. Records confidential and sealed
Status: reserved

(a) All records created or filed in connection with an adoption, except the decree of adoption and the entry in the special proceedings index in the office of the clerk of court, and on file with or in the possession of the court, an agency, the State, a county, an attorney, or other provider of professional services, are confidential and may not be disclosed or used except as provided in this Chapter.

(b) During a proceeding for adoption, records shall not be open to inspection by any person except upon an order of the court finding that disclosure is necessary to protect the interest of the adoptee.

(c) When a decree of adoption becomes final, all records and all indices of records, except for the Special Proceedings Index, on file with the court, an agency, or this State shall be retained permanently and sealed. Sealed records shall not be open to inspection by any person except as otherwise provided in this Article.

(d) All records filed in connection with an adoption, including a copy of the petition giving the date of the filing of the original petition, the original of each consent and relinquishment, additional documents filed pursuant to G.S. 48-2-305 , any report to the court, any additional documents submitted and orders entered, any orders of dismissal, and a copy of the final decree, shall be sent by the clerk of superior court to the Division within 10 days after the appeal period for a decree of adoption has expired or 10 days following the final disposition of an appeal pursuant to G.S. 48-2-607(b) . The original petition and final decree or order of dismissal shall be retained by the clerk.

(d1) The Division, within 40 days after receipt of the record in subsection (d), shall conduct a limited review for the sole purpose of identifying any obvious error on the report to vital records that is prepared by the superior court clerk and to notify the clerk of the error. If the Division notifies the superior court clerk of an error in the report to vital records, then the clerk shall correct the report and return it to the Division within 10 days after receipt of the notice.

(e) The Division shall, subject to the review in (d1), cause the papers and reports related to the proceeding to be permanently indexed and filed.

(f) The Division shall, within 40 days after receiving it from the court, transmit a report of each adoption and any name change to the State Registrar if the adoptee was born in this State. In the case of an adoptee who was not born in this State, the Division shall, within 40 days after receiving it from the court, transmit the report and any name change to the appropriate official responsible for issuing birth certificates or their equivalent.

(g) In any adoption, the State Registrar may, in addition to receiving the report from the Division, request a copy of the final order and any separate order of name change directly from the clerk of court.
N.C. Gen. Stat. § 139-42 — NC Code / Chapter 139 / Section 139-42
§ 139-42. Article intended as supplementary
Status: in_force

This Article is intended to provide an alternative method of financing and operating watershed improvement programs, supplementary to any other method authorized by law.
N.C. Gen. Stat. § 14-76 — NC Code / Chapter 14 / Section 14-76
§ 14-76. Larceny, mutilation, or destruction of public records and papers
Status: in_force

If any person shall steal, or for any fraudulent purpose shall take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure or destroy any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order or warrant of attorney or any original document whatsoever, of or belonging to any court of record, or relating to any matter, civil or criminal, begun, pending or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order or decree or any original document whatsoever, of or belonging to any court or relating to any cause or matter begun, pending or terminated in any such court, every such offender shall be guilty of a Class 1 misdemeanor; and in any indictment for such offense it shall not be necessary to allege that the article, in respect to which the offense is committed, is the property of any person or that the same is of any value. If any person shall steal or for any fraudulent purpose shall take from the register's office, or from any person having the lawful custody thereof, or shall unlawfully and willfully obliterate, injure or destroy any book wherein deeds or other instruments of writing are registered, or any other book of registration or record required to be kept by the register of deeds or shall unlawfully destroy, obliterate, deface or remove any records of proceedings of the board of county commissioners, or unlawfully and fraudulently abstract any record, receipt, order or voucher or other paper writing required to be kept by the clerk of the board of commissioners of any county, he shall be guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 161-5 — NC Code / Chapter 161 / Section 161-5
§ 161-5. Vacancy in office
Status: reserved

(a) Repealed by Laws 1991, c. 60, § 1 .

(a1) When a vacancy occurs from any cause in the office of register of deeds, the board of county commissioners shall fill such vacancy by the appointment of a successor for the unexpired term, who shall qualify and give bond as required by law. If the register of deeds was elected as the nominee of a political party, the board of county commissioners shall consult the county executive committee of that political party before filling the vacancy and shall appoint the person recommended by that committee, if the party makes a recommendation within 30 days of the occurrence of the vacancy.

(b) In the interim between a vacancy in the office of register of deeds and the appointment and qualification of a successor register of deeds, under the provisions of subsection (a), any incumbent assistant or deputy register of deeds appointed under G.S. 161-6 prior to the vacancy shall continue to hold office as assistant or deputy registers of deeds until discharged or otherwise lawfully relieved of office by the lawful successor to the office of register of deeds.
N.C. Gen. Stat. § 36C-4-417 — NC Code / Chapter 36C / Section 36C-4-417
§ 36C-4-417. Combination and division of trusts
Status: in_force

(a) Unless otherwise provided in the trust instrument, a trustee may do any of the following:

(1) Consolidate the assets of more than one trust and administer the assets as one trust under the terms of one of the trusts if the terms of the trusts are substantially similar and the beneficiaries of the trusts are identical.

(2) Divide one trust into two or more separate trusts if the new trusts provide in the aggregate for the same succession of interests and beneficiaries as are provided in the original trust.

(b) In dividing a trust into two or more separate trusts, a trustee shall accomplish the division by severing the trusts on a fractional basis and funding the separate trusts either (i) with a pro rata portion of each asset held by the undivided trust; or (ii) on a non-pro rata basis based on either the fair market value of the assets on the date of funding or in a manner that fairly reflects the net appreciation or depreciation in the value of the assets measured from the valuation date to the date of funding.

(c) In any case where two separate identical trusts are created under this section, one of which is fully exempt from the federal generation-skipping transfer tax and one of which is fully subject to that tax, the trustee may thereafter, to the extent possible consistent with the terms of the trust, determine the value of any mandatory or discretionary distributions to trust beneficiaries on the basis of the combined value of both trusts, but may satisfy those distributions by a method other than pro rata from the separate trusts in a manner designed to minimize the current and potential generation-skipping transfer tax.
N.C. Gen. Stat. § 36C-2-202 — NC Code / Chapter 36C / Section 36C-2-202
§ 36C-2-202. Jurisdiction over trustee and beneficiary
Status: in_force

(a) By accepting the trusteeship of a trust having its principal place of administration in this State, or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
N.C. Gen. Stat. § 59-73-1 — NC Code / Chapter 59 / Section 59-73-1
§ 59-73.1. Definitions
Status: in_force

As used in this Article:

(1) “ Business entity ” means a domestic corporation (including a professional corporation as defined in G.S. 55B-2 ), a foreign corporation (including a foreign professional corporation as defined in G.S. 55B-16 ), a domestic or foreign nonprofit corporation, a domestic or foreign limited liability company, a domestic or foreign limited partnership, a domestic partnership, or any other partnership.

(2) “ Domestic partnership ” means a partnership as defined in G.S. 59-36 that is formed under the laws of this State, including a registered limited liability partnership, but excluding a domestic limited partnership.

(3) “ Partnership ” means a partnership as defined in G.S. 59-36 whether or not formed under the laws of this State including a registered limited liability partnership and a foreign limited liability partnership, but excluding a domestic limited partnership and a foreign limited partnership.
N.C. Gen. Stat. § 115C-107-5 — NC Code / Chapter 115C / Section 115C-107-5
§ 115C-107.5. Annual reports
Status: in_force

The State Board shall report no later than October 15 of each year to the Joint Legislative Education Oversight Committee on the implementation of this Article and the educational performance of children with disabilities. The report may be filed electronically. Each annual report shall include the following information:

(1) A copy of the following documents that were submitted, received, or made public during the year:

a. The most recent State performance plan and any amendments to that plan submitted to the Secretary of Education.

b. Compliance and monitoring reports submitted to the Secretary of Education.

c. The annual report submitted to the Secretary of Education on the performance of the State under its performance plan.

d. Any other information required under IDEA to be made available to the public.

(2) An analysis of the educational performance of children with disabilities in the State and a summary of disputes under Part 1D of this Chapter.

(3) Development and implementation of any policies related to improving outcomes for elementary and secondary school students with disabilities, including any changes related to the directives set forth in Section 8.30 of S.L. 2015-241 as follows:

a. Reforms related to IEP requirements.

b. Transition services for students with disabilities from elementary to middle school, middle to high school, and high school to postsecondary education, and for employment opportunities and adult living options.

c. Increased access to Future Ready Core Course of Study for students with disabilities.

d. Model programs for use by local school administrative units to improve graduation rates and school performance of students with disabilities.
N.C. Gen. Stat. § 37A-4-412 — NC Code / Chapter 37A / Section 37A-4-412
§ 37A-4-412. Timber
Status: in_force

(a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

(1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in subdivisions (1) and (2) of this subsection; or

(4) To principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to subdivision (1), (2), or (3) of this subsection.

(b) In determining net receipts to be allocated pursuant to subsection (a) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(c) This Chapter applies whether or not a decedent or transferor was harvesting timber from the property before it becomes subject to the trust.

(d) If a trust owns an interest in timberland on January 1, 2004, the trustee may allocate net receipts from the sale of timber and related products as provided in this Chapter or in the manner used by the trustee before January 1, 2004. If the trust acquires an interest in timberland after January 1, 2004, the trustee shall allocate net receipts from the sale of timber and related products as provided in this Chapter.
N.C. Gen. Stat. § 20-135-4 — NC Code / Chapter 20 / Section 20-135-4
§ 20-135.4. Certain automobile safety standards
Status: reserved

(a) Definitions.--For the purposes of this section, the term “ private passenger automobile ” means a four-wheeled motor vehicle designed principally for carrying passengers on public roads and highways.

(b), (c) Repealed by Laws 1975, c. 856.

(d) Prohibited Modifications .--A private passenger automobile shall not be operated upon any highway or public vehicular area if, by alteration of the suspension, frame, or chassis, the height of the front fender is 4 or more inches greater than the height of the rear fender. For the purposes of this subsection, the height of the fender shall be a vertical measurement from and perpendicular to the ground, through the centerline of the wheel, and to the bottom of the fender.
N.C. Gen. Stat. § 35A-1330 — NC Code / Chapter 35A / Section 35A-1330
§ 35A-1330. Orders suspended upon restoration of competence
Status: in_force

Upon such incompetent person's being restored to competence, every order made for advancements shall cease to be further executed, and his estate shall be discharged of the same.
N.C. Gen. Stat. § 106-14 — NC Code / Chapter 106 / Section 106-14
§ 106-14. To establish regulations for transportation of livestock
Status: in_force

The Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture, shall promulgate and enforce such rules and regulations as may be necessary for the proper transporting of livestock by motor vehicle, and may require a permit for such vehicles if it becomes necessary in order to prevent the spread of animal diseases. This section shall not apply to any county having a local law providing for the vaccination of hogs against cholera.
N.C. Gen. Stat. § 58-53-15 — NC Code / Chapter 58 / Section 58-53-15
§ 58-53-15. Exception
Status: in_force

Continuation shall not be available for any person who is or could be covered by any other arrangement of hospital, surgical, or medical coverage for individuals in a group, whether insured or uninsured, within 31 days immediately following the date of termination; or whose insurance terminated because he failed to pay any required contribution for the insurance.
N.C. Gen. Stat. § 59-105 — NC Code / Chapter 59 / Section 59-105
§ 59-105. Registered office and registered agent
Status: reserved

(a) Each limited partnership must maintain a registered office and registered agent as required by Article 4 of Chapter 55D of the General Statutes and is subject to service on the Secretary of State under that Article.

(b) Limited partnerships formed prior to October 1, 1986, shall file a certificate of limited partnership with the Office of the Secretary of State pursuant to G.S. 59-201(a) designating the address of the registered office of the limited partnership and the identity of the registered agent at such address.

(b1) through (e) Repealed by S.L. 2001-358, § 50(a), eff. Jan. 1, 2002 .
N.C. Gen. Stat. § 1-253 — NC Code / Chapter 1 / Section 1-253
§ 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations
Status: in_force

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
N.C. Gen. Stat. § 7A-171-1 — NC Code / Chapter 7A / Section 7A-171-1
§ 7A-171.1. Duty hours, salary, and travel expenses within county
Status: reserved

(a) The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual salary for each magistrate:

(1) A full-time magistrate shall be paid the annual salary indicated in the table set out in this subdivision. A full-time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office. The Administrative Officer of the Courts shall designate whether a magistrate is full-time. Initial appointment shall be at the entry rate. A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed for increases to Steps 1 through 3, and every four years on the anniversary of the date the magistrate was originally appointed for increases to Steps 4 through 6:

Table of Salaries of Full-Time Magistrates

Step Level

Annual Salary

Entry Rate

$43,462

Step 1

$46,670

Step 2

$50,131

Step 3

$53,795

Step 4

$58,186

Step 5

$63,473

Step 6

$69,401.

(2) A part-time magistrate is a magistrate who is assigned to work an average of less than 40 hours of work a week during the term, except that no magistrate shall be assigned an average of less than 10 hours of work a week during the term. A part-time magistrate is included, in accordance with G.S. 7A-170 , under the provisions of G.S. 135-1(10) and G.S. 135-40.2(a) . The Administrative Officer of the Courts designates whether a magistrate is a part-time magistrate. A part-time magistrate shall receive an annual salary based on the following formula: The average number of hours a week that a part-time magistrate is assigned work during the term shall be multiplied by the annual salary payable to a full-time magistrate who has the same number of years of service prior to the beginning of that term as does the part-time magistrate and the product of that multiplication shall be divided by the number 40. The quotient shall be the annual salary payable to that part-time magistrate.

(3) Notwithstanding any other provision of this subsection, a magistrate who is licensed to practice law in North Carolina or any other state shall receive the annual salary provided in the Table in subdivision (1) of this subsection for Step 4.

(a1) Repealed by S.L. 2018-5, § 35.7, eff. July 1, 2018 .

(a2) The Administrative Officer of the Courts shall provide magistrates with longevity pay at the same rates as are provided by the State to its employees subject to the North Carolina Human Resources Act.

(b) Notwithstanding G.S. 138-6 , a magistrate may not be reimbursed by the State for travel expenses incurred on official business within the county in which the magistrate resides or is appointed.
N.C. Gen. Stat. § 49-15 — NC Code / Chapter 49 / Section 49-15
§ 49-15. Custody and support of children born out of wedlock when paternity established
Status: in_force

Upon and after the establishment of paternity pursuant to G.S. 49-14 of a child born out of wedlock, the rights, duties, and obligations of the mother and the father so established, with regard to support and custody of the child, shall be the same, and may be determined and enforced in the same manner, as if the child were the legitimate child of the father and mother. When paternity has been established, the father becomes responsible for medical expenses incident to the pregnancy and the birth of the child.
N.C. Gen. Stat. § 120-169 — NC Code / Chapter 120 / Section 120-169
§ 120-169. Additional criteria; area unincorporated
Status: in_force

The Municipal Incorporations Subcommittee may not make a positive recommendation if any of the proposed municipality is included within the boundary of another incorporated municipality, as defined by G.S. 153A-1(1) , or if any of the proposed municipality is included within the boundary of a county that has exercised its authority under Article 24 of Chapter 153A of the General Statutes.
N.C. Gen. Stat. § 77-142 — NC Code / Chapter 77 / Section 77-142
§ 77-142. Memoranda of understanding
Status: in_force

To the extent allowed by law, the Department of Environmental Quality may enter into memoranda of understanding with the Association to implement the purposes in G.S. 77-141(c) .