FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 28A-13-1 — NC Code / Chapter 28A / Section 28A-13-1
§ 28A-13-1. Time of accrual of duties and powers
Status: in_force

The duties and powers of a personal representative commence upon the personal representative's appointment. The powers of a personal representative relate back to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. However, a person named executor in a will may, prior to appointment, carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements; provided that a health care agent authorized in a valid health care power of attorney to make body, funeral, and burial arrangements shall have precedence in making these arrangements, both before and after qualification of the decedent's personal representative, to the extent provided in G.S. 32A-19(b) . A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
N.C. Gen. Stat. § 108A-112 — NC Code / Chapter 108A / Section 108A-112
§ 108A-112. Legislative intent and purpose
Status: in_force

Determined to fight the growing problem of fraud and financial exploitation targeting disabled and older adults in North Carolina, the General Assembly enacts this Article to facilitate the collection of records needed to investigate and prosecute such incidents.
N.C. Gen. Stat. § 130A-316 — NC Code / Chapter 130A / Section 130A-316
§ 130A-316. Department to examine waters
Status: in_force

The Department shall examine all waters and their sources and surroundings which are used as, or proposed to be used as, sources of public water supply to determine whether the waters and their sources are suitable for use as public water supply sources.
N.C. Gen. Stat. § 14-229 — NC Code / Chapter 14 / Section 14-229
§ 14-229. Acting as officer before qualifying as such
Status: in_force

If any officer shall enter on the duties of his office before he executes and delivers to the authority entitled to receive the same the bonds required by law, and qualifies by taking and subscribing and filing in the proper office the oath of office prescribed, he shall be guilty of a Class 1 misdemeanor and shall be ejected from his office.
N.C. Gen. Stat. § 143A-241 — NC Code / Chapter 143A / Section 143A-241
§ 143A-241. State Civil Air Patrol
Status: reserved

The State Civil Air Patrol as provided for in G.S. 167-2 is hereby transferred by a Type I transfer, as defined in G.S. 143A-6 , to the Department of Crime Control and Public Safety.
N.C. Gen. Stat. § 128-11 — NC Code / Chapter 128 / Section 128-11
§ 128-11. Trust funds to be kept separate
Status: in_force

Any sheriff, treasurer or other officer of any county, city, town or other political subdivision of the State, receiving, by virtue of his office, public money or money to be held by him in trust shall keep or deposit such money or the credits or other evidence thereof separate and apart from his own funds and shall not, at any time, apply such money to his own use or benefit or intermingle the same in any manner with credits or funds of his own.
N.C. Gen. Stat. § 115C-565 — NC Code / Chapter 115C / Section 115C-565
§ 115C-565. Requirements exclusive
Status: in_force

No school which complies with this Part shall be subject to any other provision of law relating to education except requirements of law respecting immunization. The Division of Nonpublic Education, Department of Administration, shall provide to home schools information about meningococcal meningitis and influenza and their vaccines. This information may be provided electronically or on the Division's Web page. The information shall include the causes, symptoms, and how meningococcal meningitis and influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children.

The Division of Nonpublic Education, Department of Administration, shall also provide to home schools information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information may be provided electronically or on the Division's Web page. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and the places where parents and guardians may obtain additional information and vaccinations for their children.

The Division of Nonpublic Education, Department of Administration, shall also provide to home schools information on the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care. This information may be provided electronically or on the Division's Web page.

The Division of Nonpublic Education, Department of Administration, shall also provide to home schools information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500 . This information may be provided electronically or on the Division’s Web page.
N.C. Gen. Stat. § 123-11 — NC Code / Chapter 123 / Section 123-11
§ 123-11. Oath administered to members
Status: in_force

At the time and place appointed, and before the commencement of the trial, the presiding officer of the Senate shall administer to each member of the court then present, and to other members as they appear, an oath or affirmation truly and impartially to try and determine the charge in question, under the Constitution and laws, according to the evidence. No member of the court shall sit or give his vote upon the trial until he shall have taken such oath or affirmation.
N.C. Gen. Stat. § 58-50-270 — NC Code / Chapter 58 / Section 58-50-270
§ 58-50-270. Definitions
Status: in_force

Unless the context clearly requires otherwise, the following definitions apply in this Part.

(1) “ Amendment ”--Any change to the terms of a contract, including terms incorporated by reference, that modifies fee schedules. A change required by federal or State law, rule, regulation, administrative hearing, or court order is not an amendment.

(2) “ Contract ”--An agreement between an insurer and a health care provider for the provision of health care services by the provider on a preferred or in-network basis.

(3) “ Health benefit plan ”--A policy, certificate, contract, or plan as defined in G.S. 58-3-167 .

(3a) “ Health care provider ”--An individual who is licensed, certified, or otherwise authorized under Chapter 90 or Chapter 90B of the General Statutes or under the laws of another state to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program and a facility that is licensed under Chapter 131E or Chapter 122C of the General Statutes or is owned or operated by the State of North Carolina in which health care services are provided to patients.

(4) “ Insurer ”--An entity as defined in G.S. 58-3-227(a)(4) .
N.C. Gen. Stat. § 20-183-4 — NC Code / Chapter 20 / Section 20-183-4
§ 20-183.4. License required to perform safety inspection; qualifications for license
Status: in_force

(a) License Required.--A safety inspection must be performed by one of the following methods:

(1) At a station that has a safety inspection station license issued by the Division and by a mechanic who is employed by the station and has a safety inspection mechanic license issued by the Division.

(2) At a place of business of a person who has a safety self-inspector license issued by the Division and by an individual who has a safety inspection mechanic license issued by the Division.

(b) Station Qualifications.--An applicant for a license as a safety inspection station must meet all of the following requirements:

(1) Have a place of business that has adequate facilities, space, and equipment to conduct a safety inspection. A place of business designated in a station license that has been suspended or revoked cannot be the designated place for any other license applicant during the period of the suspension or revocation, unless the Division finds that operation of the place of business as an inspection station during this period by the license applicant would not defeat the purpose of the suspension or revocation because the license applicant has no connection with the person whose license was suspended or revoked or because of another reason. A finding made by the Division under this subdivision must be set out in a written statement that includes the finding and the reason for the finding.

(2) Regularly employ at least one mechanic who has a safety inspection mechanic license.

(3) Designate the individual who will be responsible for the day-to-day operation of the station. The individual designated must be of good character and have a reputation for honesty.

(4) Have equipment and software approved by the Division to transfer information on safety inspections to the Division by electronic means. During the initial implementation of the electronic inspection process, the vendor selected by the Division shall provide the equipment and software at no cost to a station that holds a license on October 1, 2008.

(c) Mechanic Qualifications.--An applicant for a license as a safety inspection mechanic must meet all of the following requirements:

(1) Have successfully completed an eight-hour course approved by the Division that teaches students about the safety equipment a motor vehicle is required to have to pass a safety inspection and how to conduct a safety inspection using equipment to electronically transmit the vehicle information and inspection results.

(2) Have a drivers license.

(3) Be of good character and have a reputation for honesty.

(d) Self-Inspector Qualifications.--An applicant for a license as a safety self-inspector must meet all of the following requirements:

(1) Operate a fleet of at least 10 vehicles that are subject to a safety inspection.

(2) Regularly employ or contract with an individual who has a safety inspection mechanic license and who will perform a safety inspection on the vehicles that are part of the self-inspector's fleet.
N.C. Gen. Stat. § 58-44B-1 — NC Code / Chapter 58 / Section 58-44B-1
§ 58-44B-1. Scope and purpose
Status: in_force

(a) The purpose of this Article is to create a comprehensive legal framework within which travel insurance may be sold in this State.

(b) The requirements of this Article shall apply to travel insurance which covers any resident of this State and is sold, solicited, negotiated, or offered in this State and where policies and certificates are delivered or issued for delivery in this State. It shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided herein.

(c) All other applicable provisions of this Chapter shall continue to apply to travel insurance except that (i) the specific provisions of this Article shall supersede any general provisions of law that would otherwise be applicable to travel insurance and (ii) in the event of a conflict between this Article and other provisions of this Chapter regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this Article shall control.
N.C. Gen. Stat. § 126-55 — NC Code / Chapter 126 / Section 126-55
§ 126-55. Travel expenses of employees from this State
Status: in_force

A sending agency in this State shall not pay the travel expenses of its assigned or on leave employees and shall not pay the travel expenses of such employees incurred in the course of performing work for the receiving agency. Such expenses shall be borne by the receiving agency.
N.C. Gen. Stat. § 54B-65 — NC Code / Chapter 54B / Section 54B-65
§ 54B-65. Civil penalties; directors, officers and employees
Status: in_force

(a) Any person, whether a director, officer or employee, who is found to have violated any provision of this Article, whether willfully or as a result of gross negligence, gross incompetency, or recklessness, may be ordered to forfeit and pay a civil penalty of up to five thousand dollars ($5,000) per violation. Any person who is found to have violated or failed to comply with any cease and desist order issued under the authority of this Article, may be ordered to forfeit and pay a civil penalty of up to five thousand dollars ($5,000) per violation for each day that the violation or failure to comply continues.

The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 .

(b) To enforce the provisions of this section, the Commissioner of Banks is authorized to assess such a penalty and to appear in a court of competent jurisdiction and to move the court to order payment of the penalty. Prior to the assessment of the penalty, a hearing shall be held by the Commissioner of Banks which shall comply with the provisions of Article 3 of Chapter 150B of the General Statutes.

(c) Whenever the Commissioner of Banks shall determine that an emergency exists which requires immediate corrective action, the Commissioner of Banks, either before or after instituting any other action or proceeding authorized by this Article, may request the Attorney General to institute a civil action in a court of competent jurisdiction, in the name of the State upon the relation of the Commissioner of Banks seeking injunctive relief to restrain or enjoin the violation or threatened violation of this Article and for such other and further relief as the court may deem proper. Instituting an action for injunctive relief shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violation of this Article.

(d) Nothing in this section shall prevent anyone damaged by a director, officer or employee of a State association from bringing a separate cause of action in a court of competent jurisdiction.
N.C. Gen. Stat. § 122C-453 — NC Code / Chapter 122C / Section 122C-453
§ 122C-453. Technical assistance and monitoring
Status: in_force

The State Board of Education and the Department of Public Instruction shall (i) offer training to PRTFs on compliance with special education laws and regulations, (ii) maintain a current list of names of children residing in PRTFs along with the name and contact information of the PRTF in which each child resides, and (iii) develop and implement rules to monitor the delivery of educational services in PRTFs, including a process to inform the Department of Health and Human Services when services are not being provided. The Department of Health and Human Services shall appropriately enforce applicable licensing requirements as provided under G.S. 122C-23.1 .
N.C. Gen. Stat. § 54-70 — NC Code / Chapter 54 / Section 54-70
§ 54-70. Bonds as investments
Status: in_force

The bonds of a land mortgage association shall be a legal investment for savings associations, trust companies, or other financial institutions chartered under the laws of this State and shall also be a legal investment for trustees, executors, administrators, or custodians of public or private funds, or corporations, partnerships or associations.
N.C. Gen. Stat. § 136-44-11 — NC Code / Chapter 136 / Section 136-44-11
§ 136-44.11. Right-of-way acquisitions; preliminary engineering annual report
Status: in_force

(a) The Department of Transportation shall include in its annual report projects for which preliminary engineering has been performed more than two years but where there has been no right-of-way acquisition, projects where right-of-way has been acquired more than two years but construction contracts have not been let. The report shall include the year or years in which the preliminary engineering was performed and the cost incurred, the number of right-of-way acquisitions for each project, the dates of the first and last acquisition and the total expenditure for right-of-way acquisition. The report shall include the status of the construction project for which the preliminary engineering was performed or the right-of-way acquired and the reasons for delay, if any.

(b) Requests to the Board of Transportation for allocation of funds for the purchase of right-of-way shall include an estimated time schedule to complete all necessary right-of-way purchases related to a specific project, and a proposed date to award construction contracts for that project. If the anticipated construction contract date is more than two years beyond the estimated completion of the related right-of-way purchases, the approval of both the Board of Transportation and the Director of the Budget is required.
N.C. Gen. Stat. § 127A-88 — NC Code / Chapter 127A / Section 127A-88
§ 127A-88. Manner of ordering out unorganized militia
Status: in_force

The Governor shall, when ordering out the unorganized militia, designate the number. The Governor may order them out either by calling for volunteers or by draft. The Governor may attach them to the several organizations of the North Carolina National Guard, the State defense militia or naval militia, as may be best for the service.
N.C. Gen. Stat. § 33B-10 — NC Code / Chapter 33B / Section 33B-10
§ 33B-10. Determination of incapacity; effect
Status: in_force

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under G.S. 33B-5, (ii) the transferor has so directed in the instrument creating the custodial trust, (iii) a determination that a beneficiary is an incompetent adult has been made under the provisions of Chapter 35A, including a determination of limited incompetence under the provisions of G.S. 35A-1112(d) , unless the court provided otherwise, or (iv) the custodial trustee has determined that the beneficiary is incapacitated under subsection (b) of this section.

(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (i) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (ii) the certificate of the beneficiary's physician, (iii) authority given to the custodial trustee in the instrument creating the trust to determine the incapacity of the beneficiary after the creation of the custodial trust, or (iv) other reasonable evidence.

(c) If a custodial trustee for an incapacitated beneficiary determines that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.

(d) Regardless of whether any determination of incapacity under subsection (b) of this section has or has not been made, the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, may petition under the procedures of Chapter 35A for a determination by the court whether the beneficiary is or continues to be incapacitated as defined in G.S. 33B-1(8) . A determination of incapacity does not require appointment of a guardian of the estate unless in the discretion of the court such appointment is otherwise warranted.

(e) Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.

(f) A custodial trustee shall not be liable for any determinations authorized by this section regarding the capacity or incapacity of the beneficiary made in good faith.
N.C. Gen. Stat. § 143B-1324 — NC Code / Chapter 143B / Section 143B-1324
§ 143B-1324. State agency information technology management; deviations for State agencies
Status: in_force

Each State agency shall have tools and applications specific to their respective functions in order to effectively and efficiently carry out the business of the State with respect to all of the following:

(1) Administrative support.

(2) Facilities management.

(3) Internal auditing.

(4) Boards administration.

(5) Departmental policies and procedures.
N.C. Gen. Stat. § 66-247 — NC Code / Chapter 66 / Section 66-247
§ 66-247. Remedies
Status: in_force

(a) Any purchaser injured by any violation of this Article may bring an action for rescission and restitution or for recovery of damages and for reasonable attorney's fees.

(b) The remedies herein shall be in addition to any other remedies provided for by law or in equity, but the damages assessed shall not exceed the largest amount of damages available by any single remedy.

(c) In addition to any other remedies provided for by law or in equity, the Secretary of State may bring an action to:

(1) Revoke the registration of a membership camping operator or a salesperson and seek an injunction to enjoin him from engaging in the business of offering for sale or selling camping membership contracts in this State, or

(2) Enforce a final court order from any state or federal jurisdiction restricting or enjoining the acts or practices of a membership camping operator or a salesperson pertaining to the business of offering or selling membership camping contracts.

(d) The violation of any provisions of this Article shall constitute an unfair practice under G.S. 75-1.1 .
N.C. Gen. Stat. § 125-14 — NC Code / Chapter 125 / Section 125-14
§ 125-14. “State library agency” defined
Status: in_force

As used in the Compact, “state library agency,” with reference to this State, means the Department of Natural and Cultural Resources.
N.C. Gen. Stat. § 148-40 — NC Code / Chapter 148 / Section 148-40
§ 148-40. Recapture of escaped prisoners
Status: in_force

The rules and regulations for the government of the State prison system may provide for the recapture of convicts that may escape, or any convicts that may have escaped from the State's prison or prison camps, or county road camps of this State, and the Division of Prisons of the Department of Adult Correction may pay to any person recapturing an escaped convict such reward or expense of recapture as the regulations may provide. Any citizen of North Carolina shall have authority to apprehend any convict who may escape before the expiration of the convict's term of imprisonment whether the convict be guilty of a felony or misdemeanor, and retain the convict in custody and deliver the convict to the Division of Prisons of the Department of Adult Correction.