FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 25-2-313 — NC Code / Chapter 25 / Section 25-2-313
§ 25-2-313. Express warranties by affirmation, promise, description, sample
Status: in_force

(1) Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.

(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

(2) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.
N.C. Gen. Stat. § 127A-17 — NC Code / Chapter 127A / Section 127A-17
§ 127A-17. Commander in chief to prescribe regulations
Status: in_force

The commander in chief shall have the power and the duty, from time to time, to issue orders and to prescribe regulations relating to the organized and unorganized militia that are necessary for the militia at all times to conform to the federal requirements of the United States government relating thereto.
N.C. Gen. Stat. § 14-354 — NC Code / Chapter 14 / Section 14-354
§ 14-354. Witness required to give self-incriminating evidence; no suit or prosecution to be founded thereon
Status: in_force

No person shall be excused from attending, testifying or producing books, papers, contracts, agreements and other documents before any court, or in obedience to the subpoena of any court, having jurisdiction of the crime denounced in G.S. 14-353 , on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or to subject him to a penalty or to a forfeiture; but no person shall be liable to any suit or prosecution, civil or criminal, for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before such court or in obedience to its subpoena or in any such case or proceeding: Provided, that no person so testifying or producing any such books, papers, contracts, agreements or other documents shall be exempted from prosecution and punishment for perjury committed in so testifying.
N.C. Gen. Stat. § 70-4 — NC Code / Chapter 70 / Section 70-4
§ 70-4. Destruction or sale of relic from public lands made misdemeanor
Status: in_force

Any person who shall excavate, disturb, remove, destroy or sell any Indian relic or artifact, or any of the contents of any mound or burial ground, on or from any lands owned by the State, by any public agency or institution, by any county, or by any municipal corporation, except with the written approval of the director of the State Museum or the Secretary of Natural and Cultural Resources, shall be guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 148-10-2 — NC Code / Chapter 148 / Section 148-10-2
§ 148-10.2. Policy: Certain inmates not to contact family members of victims
Status: in_force

(a) It shall be the policy of the Division of Prisons of the Department of Adult Correction to prohibit death row inmates from contacting the surviving family members of the victims without the written consent of the family members being contacted. For purposes of this subsection, the term “ contact ” includes arranging for a third party to forward communications from the inmate to the surviving family members of the victim.

(b) At the request of the victim or a family member of the victim, the Division of Prisons of the Department of Adult Correction shall prohibit an inmate convicted of an offense listed in G.S. 15A-830(a)(7) from contacting the requesting party. For purposes of this subsection, the term “ contact ” includes arranging for a third party to forward communications from the inmate to the victim or family member.

(c) The Division of Prisons of the Department of Adult Correction shall develop and impose sanctions against any inmate who violates the provisions of this section.
N.C. Gen. Stat. § 116B-75 — NC Code / Chapter 116B / Section 116B-75
§ 116B-75. Enforcement
Status: in_force

(a) The Treasurer may maintain an action in this or another state to enforce this Chapter.

(b) The Treasurer may order a person required to report, pay, or deliver property under this Chapter, or an officer or employee of the person, or a person having possession, custody, care, or control of records relevant to the matter under inquiry, or any other person having knowledge of the property or records, to (i) appear before the Treasurer, at a time and place named in the order, (ii) produce the reports and records, (iii) make the required payments, (iv) make the required delivery of property, and (v) give testimony under oath or affirmation relevant to the inquiry. For purposes of this subsection, the Treasurer may administer oaths or affirmations. If a person refuses to obey an order of the Treasurer, the Treasurer may apply to the Superior Court of Wake County for an order requiring the person to obey the order of the Treasurer. Failure to comply with the court order is punishable for contempt.
N.C. Gen. Stat. § 106-678 — NC Code / Chapter 106 / Section 106-678
§ 106-678. Authority to regulate fertilizers
Status: in_force

No county, city, or other political subdivision of the State shall adopt or continue in effect any ordinance or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning authority under Chapter 160D of the General Statutes or from exercising its fire prevention or inspection authority. Nothing in this section shall limit the authority of the Department of Environmental Quality or the Environmental Management Commission to enforce water quality standards. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from adopting ordinances regulating fertilizers to protect water quality, provided that the ordinances have been approved by the Environmental Management Commission or the Department of Environmental Quality as part of a local plan or National Pollutant Discharge Elimination System permit application and do not exceed the State's minimum requirements to protect water quality as established by the Environmental Management Commission under Part 1 of Article 21 of Chapter 143 of the General Statutes . Nothing in this section shall prohibit a county or city from exercising its authority to regulate explosive, corrosive, inflammable, or radioactive substances pursuant to G.S. 153A-128 or G.S. 160A-183 .
N.C. Gen. Stat. § 116-41-14 — NC Code / Chapter 116 / Section 116-41-14
§ 116-41.14. Distinguished Professors Endowment Trust Fund; establishment; maintenance
Status: in_force

There is established a Distinguished Professors Endowment Trust Fund to be maintained by the Board to provide challenge grants to the constituent institutions. All appropriated funds deposited into the trust fund shall be invested pursuant to G.S. 116-36 . Interest income accruing to that portion of the trust fund not matched shall increase the total funds available for challenge grants.
N.C. Gen. Stat. § 90-293 — NC Code / Chapter 90 / Section 90-293
§ 90-293. Definitions
Status: reserved

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

(1) “ Audiologist ” means any person who engages in the practice of audiology. A person is deemed to be an audiologist if he offers services to the public under any title incorporating the terms of “audiology,” “audiologist,” “audiological,” “hearing clinic,” “hearing clinician,” “hearing therapist,” or any similar title or description of service.

(2) “ Board ” means the Board of Examiners for Speech and Language Pathologists and Audiologists.

(3) “ License ” means a license issued by the Board under the provisions of this Article, including a temporary license.

(4) “ Person ” means an individual, organization, or corporate body, except that only individuals can be licensed under this Article.

(5) “ Speech and language pathologist ” means any person who represents himself or herself to the public by title or by description of services, methods, or procedures as one who evaluates, examines, instructs, counsels, or treats persons suffering from conditions or disorders affecting speech and language or swallowing. A person is deemed to be a speech and language pathologist if the person offers such services under any title incorporating the words “speech pathology,” “speech pathologist,” “speech correction,” “speech correctionist,” “speech therapy,” “speech therapist,” “speech clinic,” “speech clinician,” “language pathologist,” “language therapist,” “logopedist,” “communication disorders,” “communicologist,” “voice therapist,” “voice pathologist,” or any similar title or description of service.

(6) “The practice of audiology ” means the application of principles, methods, and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, or rehabilitation related to hearing and vestibular disorders for the purpose of identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals or groups of individuals. For the purpose of this subdivision, the words “habilitation” and “rehabilitation” shall include auditory training, speech reading, aural rehabilitation, hearing aid use evaluation and recommendations, and fabrication of earmolds and similar accessories for clinical testing purposes.

(7) “The practice of speech and language pathology ” means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, counseling, treating, instruction, habilitation, or rehabilitation related to the development and disorders of speech, voice, language, and swallowing for the purpose of identifying, preventing, ameliorating, or modifying such disorders.

(8) Repealed by Session Laws 1987, c. 665, § 1.

(9) “ Accredited college or university ” means an institution of higher learning accredited by the Southern Association of Colleges and Universities, or accredited by a similarly recognized association of another locale.
N.C. Gen. Stat. § 18B-705 — NC Code / Chapter 18B / Section 18B-705
§ 18B-705. Compliance with performance standards; remedies
Status: in_force

(a) Local Board Compliance.--The Commission shall establish performance standards pursuant to G.S. 18B-203(a)(20) . The Commission shall ensure that all local boards comply with established performance standards by conducting regular or special audits, conducting performance evaluations, or taking other measures, which may include inspections by Commission auditors or alcohol law enforcement agents.

(b) Performance Improvement Plans.--The Commission, upon determining that a local board is failing to meet performance standards established pursuant to G.S. 18B-203(a)(20) , shall meet with the chair of the local board and the appointing authority and issue a statement of findings. The appointing authority, in consultation with the Commission and the local board, shall develop and deliver a performance improvement plan to the local board within 60 days of the meeting with the Commission. The performance improvement plan shall include, but not be limited to, recommendations for improved performance based on the performance standards established by the Commission. The plan shall also state a period of time in which the performance improvements are to occur and what action will be taken by the Commission if performance standards are not met within the given time limits. The appointing authority shall allow up to, but no more than, 12 months' time to the local board to implement and show improvement under the performance improvement plan. The local appointing authority, in consultation with the Commission and upon good cause shown, may allow up to an additional six-month period of time for the local board to meet all requirements in the performance improvement plan and to establish that the performance standards established by the Commission are met.

(c) Remedies.--If the Commission determines that the established performance standards identified in the statement of findings cannot be met after a performance improvement plan has been implemented and adequate time has been given, but in no case less than 12 months, the Commission shall take appropriate action to avoid insolvency. This action may include closing the board pursuant to G.S. 18B-801(d) , closing a store or multiple stores, or merging the local board with another local board in order to maintain solvency. The Commission may also seize the assets of the local board and liquidate any assets necessary to satisfy any debt in order to maintain the solvency of the local board. Prior to taking action pursuant to this subsection, the Commission shall issue a notice of intent to take such action to the appointing authority and the local board.

(d) Local Acts.--Notwithstanding the provisions of any local act, this section applies to all local boards.
N.C. Gen. Stat. § 122C-364 — NC Code / Chapter 122C / Section 122C-364
§ 122C-364. Financial arrangements
Status: in_force

The Compact Administrator, with the approval of the Director of the Budget, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the Compact or by any supplementary agreement entered into under it.
N.C. Gen. Stat. § 43-40 — NC Code / Chapter 43 / Section 43-40
§ 43-40. Production of owner's certificate required
Status: in_force

Whenever owner's certificate is not presented to the register along with any writing, instrument or record filed for registration under this Chapter, he shall forthwith send notice by registered mail to the owner of such certificate, requesting him to produce the same in order that a memorial of the transaction may be made thereon; and such production may be required by subpoena duces tecum or by other process of the court, if necessary.
N.C. Gen. Stat. § 143-151-76 — NC Code / Chapter 143 / Section 143-151-76
§ 143-151.76. Application to existing tall buildings and structures
Status: in_force

G.S. 143-151.73 applies to tall buildings or structures that existed in an area surrounding major military installations upon the effective date of this Article as follows:

(1) No reconstruction, alteration, or expansion may aggravate or intensify a violation by an existing building or structure that did not comply with G.S. 143-151.73 upon its effective date.

(2) No reconstruction, alteration, or expansion may cause or create a violation by an existing building or structure that did comply with G.S. 143-151.73 upon its effective date.
N.C. Gen. Stat. § 66-201 — NC Code / Chapter 66 / Section 66-201
§ 66-201. Definitions
Status: in_force

As used in this Article:

(1) “Collision damage waiver” means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the rental car company agrees for a charge to waive any and all claims against the renter for any damages to the rented vehicle during the term of the rental agreement.

(2) “Damage” means any damage or loss to the rented vehicle, including loss of use and any costs and expenses incident to the damage or loss.

(3) “Person” includes an individual, aggregation of individuals, corporation, company, association, or partnership.

(4) “Rental agreement” means any written agreement setting forth the terms and the conditions governing the use of a vehicle provided by the rental car company.

(5) “Rental car company” means any person in the business of providing vehicles to the public.

(6) “Renter” means any person obtaining the use of a vehicle from a rental car company under the terms of a rental agreement.

(7) “Vehicle” means a motor vehicle of the private passenger type including passenger vans and minivans that are primarily intended for transport of persons.

(8) “Vehicle license and registration fees” means charges that may be imposed upon any rental transaction originating in this State to recoup the costs incurred by a rental car company to license, title, inspect, and register rental vehicles. Rental car companies shall make a good faith effort to ensure that any vehicle license and registration fees collected do not exceed the actual costs incurred by the rental car company to license, title, inspect, and register rental vehicles. Any amounts collected by the rental car company in excess of the actual amount of its costs incurred shall be retained by the rental car company and applied to the costs incurred in the next calendar year for licensing, titling, inspecting, and registering rental vehicles. In that event, the good faith estimate of any vehicle license and registration fees to be charged by the company in the next calendar year shall be reduced to take into account the excess amount collected from the prior year.
N.C. Gen. Stat. § 95-25-11 — NC Code / Chapter 95 / Section 95-25-11
§ 95-25.11. Employers' remedies preserved
Status: reserved

(a) Repealed by S.L. 2005-453, § 19, eff. Oct. 1, 2005 .

(b) Nothing in this Article shall preclude an employer from bringing a civil action in the General Court of Justice to collect any amounts due the employer from the employee.
N.C. Gen. Stat. § 53-369 — NC Code / Chapter 53 / Section 53-369
§ 53-369. Administrative orders; penalties for violation; increase of equity capital
Status: in_force

(a) In addition to any other powers conferred by this Chapter, the Commissioner may:

(1) Order any authorized trust institution, or affiliate thereof, or any director, officer, or employee of an authorized trust institution, to cease and desist violating any provision of this Article or any rule issued thereunder.

(2) Order any authorized trust institution, or affiliate thereof, or any director, officer, or employee of an authorized trust institution, to cease and desist from a course of conduct that is unsafe or unsound and which is likely to cause insolvency or dissipation of the assets of an authorized trust institution, or is likely to jeopardize or otherwise seriously prejudice the interests of the clients, creditors, shareholders, or the public in their relationships with the authorized trust institution.

(3) Order any company to cease engaging in unauthorized trust activity.

(4) Enter orders described in G.S. 53-321 , 53-327 , and 53-343 .

(b) The Commissioner may impose a civil money penalty of not more than one thousand dollars ($1,000) for each violation of an order issued under subdivision (1) of subsection (a) of this section. The Commissioner may impose a civil money penalty of not more than five hundred dollars ($500.00) per day for each violation of a cease and desist order issued under subdivision (2) or (3) of subsection (a) or this section. The clear proceeds of civil money penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 .

(c) The Commissioner may order that a State trust company in a hazardous condition increase its equity capital to a level that is adequate for the safe and sound conduct of its business. The order shall specify the period of time for meeting the requirement to increase equity capital, which period of time may be extended by further order of the Commissioner.
N.C. Gen. Stat. § 116-282 — NC Code / Chapter 116 / Section 116-282
§ 116-282. Scholarship amounts; amounts dependent on availability of funds
Status: in_force

(a) Subject to the sum appropriated by the General Assembly for an academic year to be awarded as scholarships under this Article, a scholarship awarded under this Article to a student at an eligible private postsecondary institution shall be determined annually by the Authority based upon the enrollment status and expected family contribution of the student, consistent with the methodology for the federal Title IV programs.

(b) The Authority shall have the power to determine the actual scholarship amounts disbursed to students in any given year based on the sum appropriated for purposes of this Article by the General Assembly for that academic year and any unexpended funds that may be available pursuant to G.S. 116-283 .

(c) The minimum award of a scholarship under this Article shall be five hundred dollars ($500.00).
N.C. Gen. Stat. § 14-196 — NC Code / Chapter 14 / Section 14-196
§ 14-196. Using profane, indecent or threatening language to any person over telephone; annoying or harassing by repeated telephoning or making false statements over telephone
Status: in_force

(a) It shall be unlawful for any person:

(1) To use in telephonic communications any words or language of a profane, vulgar, lewd, lascivious or indecent character, nature or connotation;

(2) To use in telephonic communications any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person;

(3) To telephone another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing or embarrassing any person at the called number;

(4) To make a telephone call and fail to hang up or disengage the connection with the intent to disrupt the service of another;

(5) To telephone another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the person telephoned or of any member of his family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass;

(6) To knowingly permit any telephone under his control to be used for any purpose prohibited by this section.

(b) Any of the above offenses may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received. For purposes of this section, the term “telephonic communications” shall include communications made or received by way of a telephone answering machine or recorder, telefacsimile machine, or computer modem.

(c) Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
N.C. Gen. Stat. § 45-84 — NC Code / Chapter 45 / Section 45-84
§ 45-84. Article not exclusive
Status: in_force

Except as otherwise provided in G.S. 45-83 , the provisions of this Article are not exclusive. Nothing in this Article shall invalidate or overrule any rule of validity or priority applicable to any mortgage, deed of trust, or other security instrument failing to comply with the provisions of this Article.