FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 115C-403 — NC Code / Chapter 115C / Section 115C-403
§ 115C-403. Flagging and verification of student records; notification of law enforcement agencies
Status: in_force

(a) Upon notification by a law enforcement agency or the North Carolina Center for Missing Persons of a child's disappearance, the superintendent of a local school administrative unit or his designee shall flag or mark the record of any child who is currently or was previously enrolled in a school of that unit and who is reported as missing. The flag or mark shall be made in such a manner that when a copy of or information regarding the record is requested, school personnel are alerted to the fact that the record is that of a missing child.

Before providing a copy of the school record or other information concerning the child whose record is flagged pursuant to this section, the superintendent or his designee shall notify the agency that requested that the record be flagged of every inquiry made concerning the flagged record, and shall provide a copy to the agency of any written request for information concerning the flagged record.

(b) When any child transfers from one school system to another school system, the receiving school shall, within 30 days of the child's enrollment, obtain the child's record from the school from which the child is transferring. If the child's parent, custodian, or guardian provides a copy of the child's record from the school from which the child is transferring, the receiving school shall, within 30 days of the child's enrollment, request written verification of the school record by contacting the school or institution named on the transferring child's record. Upon receipt of a request, the principal or the principal's designee of the school from which the child is transferring shall not withhold the record or verification for any reason, except as is authorized under the Family Educational Rights and Privacy Act. Any information received indicating that the transferring child is a missing child shall be reported to the North Carolina Center for Missing Persons.
N.C. Gen. Stat. § 40A-22 — NC Code / Chapter 40A / Section 40A-22
§ 40A-22. Service
Status: in_force

A summons as in other cases of special proceedings, together with a copy of the petition, must be served on all persons whose estates or interests are to be affected by the proceedings, at least 10 days prior to the hearing of the same by the court.
N.C. Gen. Stat. § 66-40 — NC Code / Chapter 66 / Section 66-40
§ 66-40. Unlawful disposition of property stored
Status: in_force

If any person unlawfully sells, pledges, lends, or in any other way disposes of or permits or is a party to the unlawful selling, pledging, lending, or other disposition of any goods, wares, merchandise, or anything deposited in a public warehouse, without the authority of the party who deposited the same, he shall be punished by a fine not to exceed two thousand dollars ($2,000) and by imprisonment in the State's prison for not more than three years; but no officer, manager, or agent of such public warehouse shall be liable to the penalties provided in this section unless, with the intent to injure or defraud any person, he so sells, pledges, lends, or in any other way disposes of the same, or is a party to the selling, pledging, lending, or other disposition of any goods, wares, merchandise, article, or thing so deposited.
N.C. Gen. Stat. § 136-32-1 — NC Code / Chapter 136 / Section 136-32-1
§ 136-32.1. Misleading signs prohibited
Status: in_force

No person shall erect or maintain within 100 feet of any highway right-of-way any warning or direction sign or marker of the same shape, design, color and size of any official highway sign or marker erected under the provisions of G.S. 136-30 , or otherwise so similar to an official sign or marker as to appear to be an official highway sign or marker. Any person who violates any of the provisions of this section is guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 57D-4-07 — NC Code / Chapter 57D / Section 57D-4-07
§ 57D-4-07. Right to distribution
Status: in_force

An interest owner who is entitled to receive a distribution has the status of and is entitled to all remedies available to a creditor of the LLC with respect to the distribution.
N.C. Gen. Stat. § 20-219-5 — NC Code / Chapter 20 / Section 20-219-5
§ 20-219.5. Dealer liability for third-party motor vehicle history reports
Status: in_force

A motor vehicle dealer, as defined in G.S. 20-286(11) , and the dealer's owners, shareholders, officers, employees, and agents who, in conjunction with the actual or potential sale or lease of a motor vehicle, arrange to provide, provide, or otherwise make available to a vehicle purchaser, lessee, or other person any third-party motor vehicle history report, shall not be liable to the vehicle purchaser, lessee, or other person for any errors, omissions, or other inaccuracies contained in the third-party motor vehicle history report that are not based on information provided directly to the preparer of the third-party motor vehicle history report by that dealer. For purposes of this section, a “ third-party motor vehicle history report ” means any information prepared by a party other than the dealer, relating to any one or more of the following: vehicle ownership or titling history; liens on the vehicle; vehicle service, maintenance, or repair history; vehicle condition; or vehicle accident or collision history.
N.C. Gen. Stat. § 160A-181 — NC Code / Chapter 160A / Section 160A-181
§ 160A-181. Regulation of places of amusement
Status: in_force

A city may by ordinance regulate places of amusement and entertainment, and may regulate, restrict or prohibit the operation of pool and billiard halls, dance halls, carnivals, circuses, or any itinerant show or exhibition of any kind. Places of amusement and entertainment shall include coffee houses, cocktail lounges, night clubs, beer halls, and similar establishments, but any regulations thereof shall be consistent with any permits or licenses issued by the North Carolina Alcoholic Beverage Control Commission.
N.C. Gen. Stat. § 54B-48-7 — NC Code / Chapter 54B / Section 54B-48-7
§ 54B-48.7. Appeal of Commissioner of Banks' decision
Status: in_force

Notwithstanding any other provision of law, any aggrieved party in a proceeding under G.S. 54B-48.3 or G.S. 54B-48.4(2) may, within 30 days after final decision of the Commissioner of Banks and by written notice to the Commissioner of Banks, appeal directly to the North Carolina Court of Appeals for judicial review on the record. In the event of an appeal, the Commissioner of Banks shall certify the record to the Clerk of the Court of Appeals within 30 days after filing of the appeal.
N.C. Gen. Stat. § 58-51-20 — NC Code / Chapter 58 / Section 58-51-20
§ 58-51-20. Renewability of individual and blanket hospitalization and accident and health insurance policies
Status: in_force

(a) Every individual or blanket family hospitalization policy and accident and health policy, other than noncancelable or nonrenewable policies but including group, blanket and franchise policies, as defined in Articles 1 through 64 of this Chapter, covering less than 10 persons, issued in North Carolina after January 1, 1956, shall include in substance the following provision:

Renewability: This policy is renewable at the option of the policyholder unless sufficient notice of nonrenewal is given the policyholder in writing by the insurer.

Sufficient notice shall be, during the first year of any policy, or during the first year following any lapse and reinstatement, a period of 30 days before the premium due date. After one continuous year of coverage and acceptance of premium for any portion of the second or subsequent year sufficient notice shall be a number of full months most nearly equivalent to one fourth the number of months of continuous coverage from the inception date of the policy, to the date of mailing of the notice: Provided no period of required notice shall exceed two years.

(b) No insurance company issuing individual or blanket family hospitalization or accident and health policies of insurance shall have the right to unilaterally restrict coverage, reduce benefits or increase rates upon any contract of hospitalization or accident and health insurance which is subject to the provisions of this section except as provided herein.

(c) Any hospitalization or accident and health policy reissued or renewed in the name of the insured during the grace period shall be construed to be a continuation of the policy first issued.

(d) The requirements of this section do not apply to a refusal or renewal because of a change of occupation of an insured to one classified by the insurer as uninsurable nor to an increase in rate due to a change of occupation of an insured to a more hazardous occupation.
N.C. Gen. Stat. § 71A-1 — NC Code / Chapter 71A / Section 71A-1
§ 71A-1. Cherokee Indians of Robeson County; rights and privileges
Status: in_force

The persons residing in Robeson, Richmond, and Sampson counties, who have heretofore been known as “Croatan Indians” or “Indians of Robeson County,” together with their descendants, shall hereafter be known and designated as “Cherokee Indians of Robeson County,” and by that name shall be entitled to all the rights and privileges heretofore or hereafter conferred, by any law or laws of the State of North Carolina, upon the Indians heretofore known as the “Croatan Indians” or “Indians of Robeson County.” In all laws enacted by the General Assembly of North Carolina relating to said Indians subsequent to the enactment of said Chapter 51 of the Laws of 1885, the words “Croatan Indians” and “Indians of Robeson County” are stricken out and the words “Cherokee Indians of Robeson County” inserted in lieu thereof.
N.C. Gen. Stat. § 47E-9 — NC Code / Chapter 47E / Section 47E-9
§ 47E-9. Rights and duties under Chapter 42, landlord and tenant, not affected during lease
Status: in_force

This Chapter shall not affect the landlord-tenant relationship between the parties to a lease with option to purchase contract during the term of the lease, and the rights and duties of landlords and tenants under Chapter 42 of the General Statutes shall remain in effect until transfer of ownership of the property to the purchaser.
N.C. Gen. Stat. § 36F-9 — NC Code / Chapter 36F / Section 36F-9
§ 36F-9. Disclosure of content of electronic communications of principal
Status: in_force

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication if the agent gives the custodian all of the following:

(1) A written request for disclosure in physical or electronic form.

(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect.

(4) If requested by the custodian, any of the following:

a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.

b. Evidence linking the account to the principal.
N.C. Gen. Stat. § 31D-3-304 — NC Code / Chapter 31D / Section 31D-3-304
§ 31D-3-304. Substantial compliance with donor-imposed formal requirement
Status: in_force

A power holder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if both of the following apply:

(1) The power holder knows of and intends to exercise the power.

(2) The power holder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
N.C. Gen. Stat. § 95-147 — NC Code / Chapter 95 / Section 95-147
§ 95-147. Training and employee education
Status: in_force

(a) The Commissioner, after consultation with appropriate departments and agencies of the State and subdivisions of government, shall conduct, directly or by grants or contracts, (i) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this Article, and (ii) informational, educational and training programs on the importance of and proper use of adequate safety and health equipment to encourage voluntary compliance.

(b) The Commissioner is also authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to the Commissioner's responsibilities under this Article.

(c) The Commissioner shall provide employers and employees programs covering recognition, avoidance and prevention of unsafe and unhealthful working conditions in places of employment and shall advise employers and employees, or their representatives, [of] effective means to prevent occupational injuries and illnesses.
N.C. Gen. Stat. § 19A-46 — NC Code / Chapter 19A / Section 19A-46
§ 19A-46. Powers; magistrate's order; execution of order; petition; notice to owner
Status: in_force

(a) Whenever any animal is being cruelly treated as defined in G.S. 19A-1(2) , an animal cruelty investigator may file with a magistrate a sworn complaint requesting an order allowing the investigator to provide suitable care for and take immediate custody of the animal. The magistrate shall issue the order only when he finds probable cause to believe that the animal is being cruelly treated and that it is necessary for the investigator to immediately take custody of it. Any magistrate's order issued under this section shall be valid for only 24 hours after its issuance. After he executes the order, the animal cruelty investigator shall return it with a written inventory of the animals seized to the clerk of court in the county where the order was issued.

(b) The animal cruelty investigator may request a law-enforcement officer or animal control officer to accompany him to help him seize the animal. An investigator may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle. Forcible entry shall be used only when the animal cruelty investigator is accompanied by a law-enforcement officer. In any case, he must give notice of his identity and purpose to anyone who may be present before entering said premises. Forcible entry shall only be used during the daylight hours.

(c) When he has taken custody of such an animal, the animal cruelty investigator shall file a complaint pursuant to Article 1 of this Chapter as soon as possible. When he seizes the animal, he shall leave with the owner, if known, or affixed to the premises or vehicle a copy of the magistrate's order and a written notice of a description of the animal, the place where the animal will be taken, the reason for taking the animal, and the investigator's intent to file a complaint in district court requesting custody of the animal pursuant to Article 1 of this Chapter.

(d) Notwithstanding the provisions of G.S. 7A-305(c) , any person who commences a proceeding under this Article or Article 1 of this Chapter shall not be required to pay any court costs or fees prior to a final judicial determination as provided in G.S. 19A-4 , at which time those costs shall be paid pursuant to the provisions of G.S. 6-18 .

(e) Any judicial order authorizing forcible entry shall be issued by a district court judge.
N.C. Gen. Stat. § 106-50-35 — NC Code / Chapter 106 / Section 106-50-35
§ 106-50.35. Violations of Article
Status: in_force

It shall be a violation of this Article for any person:

(1) To distribute an unregistered soil additive;

(2) To distribute an unlabeled soil additive;

(3) To distribute a misbranded soil additive;

(4) To distribute an “adulterated” soil additive;

(5) To fail to comply with a “stop sale, use or removal” order; or

(6) To fail to submit semiannual reports.
N.C. Gen. Stat. § 1-440-35 — NC Code / Chapter 1 / Section 1-440-35
§ 1-440.35. Sheriff's liability for care of attached property; expense of care
Status: in_force

The sheriff is liable for the care and custody of personal property levied upon pursuant to an order of attachment just as if he had seized it under execution. Upon demand of the sheriff, the plaintiff shall advance to the sheriff from time to time such amount as may be required to provide the necessary care and to maintain the custody of the attached property. The expense so incurred in caring for and maintaining custody of attached property shall be taxed as part of the costs of the action.
N.C. Gen. Stat. § 143B-366 — NC Code / Chapter 143B / Section 143B-366
§ 143B-366. Department of Administration--creation
Status: in_force

There is hereby recreated and reestablished a department to be known as the “Department of Administration,” with the organization, powers, and duties defined in the Executive Organization Act of 1973.
N.C. Gen. Stat. § 117-8 — NC Code / Chapter 117 / Section 117-8
§ 117-8. Formation in unserved communities; filing application with Rural Electrification Authority
Status: in_force

When any number of persons residing in the community not served, or inadequately served, with electrical energy desire to secure electrical energy for their community and desire to form corporations to be known as electric membership corporations for said purpose, they shall file application with the North Carolina Rural Electrification Authority for permission to form such corporation.
N.C. Gen. Stat. § 115C-39 — NC Code / Chapter 115C / Section 115C-39
§ 115C-39. Suspension of duties by State Board
Status: reserved

(a) Repealed by S.L. 2007-498, § 1, eff. Aug. 30, 2007 .

(b) In the event the State Board of Education has appointed an interim superintendent under G.S. 115C-105.39 and the State Board determines that the local board of education has failed to cooperate with the interim superintendent, the State Board shall have the authority to suspend any of the powers and duties of the local board and to act on its behalf under G.S. 115C-105.39 .
N.C. Gen. Stat. § 28A-9-5 — NC Code / Chapter 28A / Section 28A-9-5
§ 28A-9-5. Interlocutory orders
Status: in_force

Pending any proceeding or appeal with respect to revocation of letters, the clerk of superior court may enter such interlocutory orders as are necessary to preserve the assets of the estate.
N.C. Gen. Stat. § 130A-444 — NC Code / Chapter 130A / Section 130A-444
§ 130A-444. Definitions
Status: in_force

Unless a different meaning is required by the context, the following definitions apply throughout this Article:

(1) “AHERA” means Title II, Asbestos Hazard Emergency Response Act of the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., as amended by the Asbestos School Hazard Abatement Reauthorization Act of 1990, P.L. 101-637, 104 Stat. 4589 (“ASHARA”).

(2) “Asbestos” means asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite and actinolite.

(3) “Asbestos containing material” means material which contains more than one percent (1%) asbestos, including friable asbestos containing material and nonfriable asbestos containing material.

(3a) “Asbestos NESHAP for demolition and renovation” means that portion of the National Emission Standards for Hazardous Air Pollutants for asbestos that governs demolition and renovation as set out in 40 CFR §§ 61.141 , 61.145 , 61.150 , and 61.154 (1 July 1993 edition).

(4) “Abatement” means work performed to repair, maintain, remove, isolate, or encapsulate asbestos containing material. The term does not include inspections, preparation of management plans, abatement project design, taking of samples, or project overview.

(5) “Friable” means any material that when dry can be broken, crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.

(6) “Management” means all activities related to asbestos containing material, including inspections, preparation of management plans, abatement project design, abatement, project overview, and taking of samples.

(6a) “Person” means an individual, a corporation, a company, an association, a partnership, a unit of local government, a State or federal agency, or any other legal entity.

(7) “Public area” means those areas in any building other than a residence that are not covered under the Occupational Safety and Health Act of 1970, Pub. L. 91-596, 84 Stat. 1590, 29 U.S.C. § 651, et seq., as amended.

(8) “Removal” means stripping, chipping, sanding, sawing, drilling, scraping, sucking, and other methods of separating material from its installed location in a building.

(9) “Residence” means any single family dwelling or any multi-family dwelling of fewer than 10 units.
N.C. Gen. Stat. § 18B-809 — NC Code / Chapter 18B / Section 18B-809
§ 18B-809. Use of branded plug-in coolers
Status: in_force

No rule or decision of the Commission may limit or restrict the giving, lending, or selling by industry members of branded plug-in coolers used to hold and display products, provided that coolers are under the dollar limits set forth by the Commission for product displays. A branded plug-in cooler shall have permanent and conspicuous branding that is permanently attached or securely affixed to the cooler.
N.C. Gen. Stat. § 153A-146 — NC Code / Chapter 153A / Section 153A-146
§ 153A-146. General power to impose taxes
Status: in_force

(a) Authority.--A county may impose taxes only as specifically authorized by act of the General Assembly. Except when the statute authorizing a tax provides for penalties and interest, the power to impose a tax includes the power to impose reasonable penalties for failure to declare tax liability, if required, and to impose penalties or interest for failure to pay taxes lawfully due within the time prescribed by law or ordinance. In determining the liability of any taxpayer for a tax, a county may not employ an agent who is compensated in whole or in part by the county for services rendered on a contingent basis or any other basis related to the amount of tax, interest, or penalty assessed against or collected from the taxpayer. The power to impose a tax also includes the power to provide for its administration in a manner not inconsistent with the statute authorizing the tax.

(b) Prohibition.--A county may not impose a license, franchise, or privilege tax on a person engaged in any of the businesses listed in this subsection:

(1) Supplying piped natural gas.

(2) Providing telecommunications service taxed under G.S. 105-164.4(a)(4c) .

(3) Providing video programming taxed under G.S. 105-164.4(a)(6) .

(4) Providing electricity.
N.C. Gen. Stat. § 14-291-1 — NC Code / Chapter 14 / Section 14-291-1
§ 14-291.1. Selling “numbers” tickets; possession prima facie evidence of violation
Status: in_force

Except as provided in Chapter 18C of the General Statutes, in connection with a lawful lottery conducted in another state, or in connection with a lawful raffle as provided in Part 2 of this Article, if any person shall sell, barter or cause to be sold or bartered, any ticket, token, certificate or order for any number or shares in any lottery, commonly known as the numbers or butter and egg lottery, or lotteries of similar character, to be drawn or paid within or without the State, such person shall be guilty of a Class 2 misdemeanor. Any person who shall have in his possession any tickets, tokens, certificates or orders used in the operation of any such lottery shall be guilty under this section, and the possession of such tickets shall be prima facie evidence of the violation of this section.