FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 105-187-18 — NC Code / Chapter 105 / Section 105-187-18
§ 105-187.18. Exemptions
Status: in_force

(a) The taxes imposed by this Article do not apply to:

(1) Bicycle tires and other tires for vehicles propelled by human power.

(2) Recapped tires.

(3) Tires sold for placement on newly manufactured vehicles.

(b) Except for the exemption for sales a state cannot constitutionally tax, the exemptions and refunds allowed in Article 5 of this Chapter do not apply to the taxes imposed by this Article.
N.C. Gen. Stat. § 14-411 — NC Code / Chapter 14 / Section 14-411
§ 14-411. Sale deemed made at site of delivery
Status: in_force

In case of sale or purchase of pyrotechnics, where the delivery thereof was made by a common or other carrier, the sale shall be deemed to be made in the county wherein the delivery was made by such carrier to the consignee.
N.C. Gen. Stat. § 36D-12 — NC Code / Chapter 36D / Section 36D-12
§ 36D-12. Administrative rules
Status: in_force

The Department shall adopt rules pursuant to Chapter 150B of the General Statutes governing the eligibility of beneficiaries for State medical assistance and State-County Special Assistance, and to supplement and expand upon the general requirements set forth in this Chapter, including, but not limited to, rules that may be more restrictive than the general requirements of this Chapter. With respect to Medicaid Pooled Trusts, a subaccount is irrevocable. The State shall be paid an amount up to the total medical assistance paid on behalf of the beneficiary by the Department from funds remaining in the individual trust subaccount upon the death of the beneficiary or termination of the trust as described in this Chapter. If the pooled trust is to be funded with the proceeds of a settlement of a lawsuit against a third party, the settlement proceeds are subject to the Department's subrogated rights of recovery as set forth in G.S. 108A-57 , and all such subrogated rights of recovery shall be satisfied in full prior to execution and judicial approval of the trust, or both.
N.C. Gen. Stat. § 55A-10-22 — NC Code / Chapter 55A / Section 55A-10-22
§ 55A-10-22. Class voting by members on amendments
Status: in_force

(a) The members of a class in a charitable or religious corporation are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would affect the rights of that class as to voting in a manner that is different from the manner in which such amendment would affect another class.

(b) The members of a class in a corporation other than a charitable or religious corporation are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would:

(1) Affect the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of memberships in a manner that is different from the manner in which such amendment would affect another class;

(2) Affect the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of memberships by changing the rights, privileges, preferences, restrictions, or conditions of another class;

(3) Increase or decrease the number of memberships authorized for that class;

(4) Increase the number of memberships authorized for another class;

(5) Effect an exchange, reclassification, or termination of all or part of the memberships of that class; or

(6) Authorize a new class of memberships.

(c) If a class is to be divided into two or more classes as a result of an amendment to the bylaws, the amendment shall be approved by the members of each class that would be created by the amendment.

(d) If a class vote is required to approve an amendment to the bylaws, the amendment shall be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the votes entitled to be cast by the class on the amendment, whichever is less.

(e) A class of members is entitled to the voting rights granted by this section although the articles of incorporation and bylaws provide that the class shall not vote on the proposed amendment.
N.C. Gen. Stat. § 58-50-1 — NC Code / Chapter 58 / Section 58-50-1
§ 58-50-1. Waiver by insurer
Status: in_force

The acknowledgment by any insurer of the receipt of notice given under any policy covered by Articles 49, 50 through 55, 65, or 67 of this Chapter, or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investigation of any claim under the policy, shall not operate as a waiver of any of the rights of the insurer in defense of any claim arising under the policy.
N.C. Gen. Stat. § 144-7 — NC Code / Chapter 144 / Section 144-7
§ 144-7. Display of official governmental flags; public restrictions
Status: in_force

(a) A county, city, consolidated city-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:

(1) In accordance with the patriotic customs set forth in 4 U.S.C. §§ 5 - 10 , as amended; and

(2) Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property.

(b) Notwithstanding subsection (a) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner.

(c) For purposes of this section, an “ official governmental flag ” shall mean any of the following:

(1) The flag of the United States of America.

(2) The flag of nations recognized by the United States of America.

(3) The flag of the State of North Carolina.

(4) The flag of any state or territory of the United States.

(5) The flag of a political subdivision of any state or territory of the United States.
N.C. Gen. Stat. § 113A-108 — NC Code / Chapter 113A / Section 113A-108
§ 113A-108. Effect of State guidelines
Status: in_force

All local land-use plans adopted pursuant to this Article within the coastal area shall be consistent with the State guidelines. No permit shall be issued under Part 4 of this Article which is inconsistent with the State guidelines. Any State land policies governing the acquisition, use and disposition of land by State departments and agencies shall take account of and be consistent with the State guidelines adopted under this Article, insofar as lands within the coastal area are concerned. Any State land classification system which shall be promulgated shall take account of and be consistent with the State guidelines adopted under this Article, insofar as it applies to lands within the coastal area.
N.C. Gen. Stat. § 14-47 — NC Code / Chapter 14 / Section 14-47
§ 14-47. Communicating libelous matter to newspapers
Status: in_force

If any person shall state, deliver or transmit by any means whatever, to the manager, editor, publisher or reporter of any newspaper or periodical for publication therein any false and libelous statement concerning any person or corporation, and thereby secure the publication of the same, he shall be guilty of a Class 2 misdemeanor.
N.C. Gen. Stat. § 45A-2 — NC Code / Chapter 45A / Section 45A-2
§ 45A-2. Applicability
Status: in_force

This Chapter applies only to real estate transactions involving a one-to four-family residential dwelling or a lot restricted to residential use.
N.C. Gen. Stat. § 148-74 — NC Code / Chapter 148 / Section 148-74
§ 148-74. Records Section
Status: in_force

Case records and related materials compiled for the use of the Secretary of the Department of Adult Correction and the Parole Commission shall be maintained in a single central file system designed to minimize duplication and maximize effective use of such records and materials. When an individual is committed to the State prison system after a period on probation, the probation files on that individual shall be made a part of the combined files used by the Division of Prisons of the Department of Adult Correction and the Parole Commission. The administration of the Records Section shall be under the control and direction of the Secretary of the Department of Adult Correction.
N.C. Gen. Stat. § 90A-41 — NC Code / Chapter 90A / Section 90A-41
§ 90A-41. Revocation of certificate
Status: in_force

The Commission, in accordance with the procedure set forth in Chapter 150B of the General Statutes, may suspend or revoke a certificate or may issue a written reprimand to an operator if it finds that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to properly perform his duties.
N.C. Gen. Stat. § 106-277-26 — NC Code / Chapter 106 / Section 106-277-26
§ 106-277.26. Publication of test results and other information
Status: in_force

The Commissioner is authorized to publish the results of analyses, tests, examinations, studies and investigations made as authorized by this Article, together with any other information he may deem advisable.
N.C. Gen. Stat. § 1-20 — NC Code / Chapter 1 / Section 1-20
§ 1-20. Disability must exist when right of action accrues
Status: in_force

No person may avail himself of a disability except as authorized in G.S. 1-19 , unless it existed when his right of action accrued.
N.C. Gen. Stat. § 70-52 — NC Code / Chapter 70 / Section 70-52
§ 70-52. Rule-making authority
Status: in_force

The Department of Natural and Cultural Resources may adopt rules to implement this Article.
N.C. Gen. Stat. § 90D-10 — NC Code / Chapter 90D / Section 90D-10
§ 90D-10. Expenses and fees
Status: in_force

(a) All salaries, compensation, and expenses incurred or allowed for the purposes of this Chapter shall be paid by the Board exclusively out of the fees received by the Board as authorized by this Chapter or from funds received from other sources. In no case shall any salary, expense, or other obligations of the Board be charged against the General Fund.

(b) The Board may impose the following fees not to exceed the amounts listed below:

(1)

License

$225.00

(2)

Provisional license

$225.00

(3)

License renewal

$150.00

(4)

Provisional license renewal

$150.00

(5)

Duplicate license

$10.00.
N.C. Gen. Stat. § 153A-217 — NC Code / Chapter 153A / Section 153A-217
§ 153A-217. Definitions
Status: in_force

Unless otherwise clearly required by the context, the words and phrases defined in this section have the meanings indicated when used in this Part:

(1) “ Commission ” means the Social Services Commission.

(2) “ Secretary ” means the Secretary of Health and Human Services.

(3) “ Department ” means the Department of Health and Human Services.

(4) “ Governing body ” means the governing body of a county or city or the policy-making body for a district or regional confinement facility.

(5) “ Local confinement facility ” includes a county or city jail, a local lockup, a regional or district jail, a juvenile detention facility, a detention facility for adults operated by a local government, and any other facility operated by a local government for confinement of persons awaiting trial or serving sentences except that it shall not include a county satellite jail/work release unit governed by Part 3 of Article 10 of Chapter 153A.

(6) “ Prisoner ” includes any person, adult or juvenile, confined or detained in a confinement facility.

(7) “ Unit ,” “ unit of local government ,” or “ local government ” means a county or city.
N.C. Gen. Stat. § 35A-1372 — NC Code / Chapter 35A / Section 35A-1372
§ 35A-1372. Standby guardianship; applicability
Status: in_force

This Article provides two methods for appointing a standby guardian: by petition pursuant to G.S. 35A-1373 or by designation pursuant to G.S. 35A-1374 . If a standby guardian is unwilling or unable to serve as a standby guardian and the designator or petitioner has identified an alternate standby guardian, then the alternate standby guardian shall become the standby guardian, upon the same conditions as set forth in this Article.
N.C. Gen. Stat. § 1-268 — NC Code / Chapter 1 / Section 1-268
§ 1-268. Writs of error abolished
Status: in_force

Writs of error in civil actions are abolished, and the only mode of reviewing a judgment, or order, in a civil action, is that prescribed by this Chapter.
N.C. Gen. Stat. § 14-30 — NC Code / Chapter 14 / Section 14-30
§ 14-30. Malicious maiming
Status: in_force

If any person shall, of malice aforethought, unlawfully cut out or disable the tongue or put out an eye of any other person, with intent to murder, maim or disfigure, the person so offending, his counselors, abettors and aiders, knowing of and privy to the offense, shall be punished as a Class C felon.
N.C. Gen. Stat. § 122C-333 — NC Code / Chapter 122C / Section 122C-333
§ 122C-333. Order of another state
Status: in_force

The judgment or order of commitment by a court of competent jurisdiction of another state, committing a person to the Veterans Administration or another federal agency that is located in this State shall have the same force and effect on the committed person while in this State as in the jurisdiction of the court entering the judgment or making the order. The courts of the committing state shall retain jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person, and for determining the necessity for continuance of his restraint. Consent is given to the application of the law of the committing state on the authority of the chief officer of any facility of the Veterans Administration or of any institution operated in this State by any other federal agency to retain custody, transfer, parole, or discharge the committed person.
N.C. Gen. Stat. § 163-82-6A — NC Code / Chapter 163 / Section 163-82-6A
§ 163-82.6A. Address and name changes at one-stop sites
Status: in_force

Change of Registration at One-Stop Voting Site.--A person who is already registered to vote in the county may update the information in the registration record in accordance with procedures prescribed by the State Board of Elections, but an individual's party affiliation may not be changed during the one-stop voting period before any first or second partisan primary in which the individual is eligible to vote.
N.C. Gen. Stat. § 130A-310-66 — NC Code / Chapter 130A / Section 130A-310-66
§ 130A-310.66. Purpose
Status: in_force

It is the purpose of this Part to authorize the Department to approve the remediation of contaminated sites based on site-specific remediation standards in circumstances where site-specific remediation standards are adequate to protect public health, safety, and welfare and the environment and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination.
N.C. Gen. Stat. § 88B-29 — NC Code / Chapter 88B / Section 88B-29
§ 88B-29. Civil penalties
Status: in_force

(a) Authority to Assess Civil Penalties.--In addition to taking any of the actions permitted under G.S. 88B-24 , the Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 .

(b) Consideration Factors.--Before imposing and assessing a civil penalty and fixing the amount thereof, the Board shall, as a part of its deliberations, take into consideration the following factors:

(1) The nature, gravity, and persistence of the particular violation.

(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.

(3) Whether the violation was willful and malicious.

(4) Any other factors that would tend to mitigate or aggravate the violations found to exist.

(c) Schedule of Civil Penalties.--The Board shall establish a schedule of civil penalties for violations of this Chapter. The schedule shall indicate for each type of violation whether the violation can be corrected. Penalties shall be assessed for the first, second, and third violations of specified sections of this Chapter and for specified rules.

(d) Costs.--The Board may in a disciplinary proceeding charge costs, including reasonable attorneys' fees, to the licensee against whom the proceedings were brought.
N.C. Gen. Stat. § 48A-1 — NC Code / Chapter 48A / Section 48A-1
§ 48A-1. Common-law definition of “minor” abrogated
Status: reserved

The common-law definition of minor insofar as it pertains to the age of the minor is hereby repealed and abrogated.
N.C. Gen. Stat. § 42-64 — NC Code / Chapter 42 / Section 42-64
§ 42-64. Affirmative defense or exemption to a complete eviction
Status: in_force

(a) Affirmative Defense.--The court shall refrain from ordering the complete eviction of a tenant pursuant to G.S. 42-63(a) where the tenant has established that the tenant was not involved in the criminal activity and that:

(1) The tenant did not know or have reason to know that criminal activity was occurring or would likely occur on or within the individual rental unit, that the individual rental unit was used in any way in furtherance of or to promote criminal activity, or that any member of the tenant's household or any guest has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises; or

(2) The tenant had done everything that could reasonably be expected under the circumstances to prevent the commission of the criminal activity, such as requesting the landlord to remove the offending household member's name from the lease, reporting prior criminal activity to appropriate law enforcement authorities, seeking assistance from social service or counseling agencies, denying permission, if feasible, for the offending household member to reside in the unit, or seeking assistance from church or religious organizations.

Notwithstanding the court's denial of eviction of the tenant, if the plaintiff has proven that an evictable offense under G.S. 42-63 was committed by someone other than the tenant, the court shall order such other relief as the court deems appropriate to protect the interests of the landlord and neighbors of the tenant, including the partial eviction of the culpable household members pursuant to G.S. 42-63(b) and conditional eviction orders under G.S. 42-63(c) .

(b) Subsequent Affirmative Defense to a Complete Eviction.--The affirmative defense set forth in subsection (a) of this section shall not be available to a tenant in a subsequent action brought pursuant to this Article unless the tenant can establish by clear and convincing evidence that no reasonable person could have foreseen the occurrence of the subsequent criminal activity or that the tenant had done everything reasonably expected under the circumstances to prevent the commission of the second criminal activity.

(c) Exemption.--Where the grounds for a complete eviction have been established, the court shall order the eviction of the tenant unless, taking into account the circumstances of the criminal activity and the condition of the tenant, the court is clearly convinced that immediate eviction or removal would be a serious injustice, the prevention of which overrides the need to protect the rights, safety, and health of the other tenants and residents of the leased residential premises. The burden of proof for the exemption set forth shall be by clear and convincing evidence.
N.C. Gen. Stat. § 143-710 — NC Code / Chapter 143 / Section 143-710
§ 143-710. Golden LEAF Foundation
Status: in_force

The creation of the nonprofit corporation Golden LEAF (Long-term Economic Advancement Foundation), Inc., (“Golden LEAF Foundation”) pursuant to subparagraph VI.A.1 of the Consent Decree and Final Judgment entered in that action of 98 CVS 14377 on December 21, 1998, is approved for the purposes and on the terms and conditions set forth in subparagraph VI.A.1 of the Consent Decree and Final Judgment.
N.C. Gen. Stat. § 53-145 — NC Code / Chapter 53 / Section 53-145
§ 53-145. Sections of general law applicable
Status: in_force

Sections 53-1, 53-3, 53-4, 53-5, 53-6, 53-7, 53-8, 53-9, 53-10, 53-11, 53-12, 53-13, 53-18, 53-20, 53-22, 53-23, 53-42, 53-42.1, 53-47, 53-50, 53-51, 53-54, 53-63, 53-64, 53-67, 53-68, 53-70, 53-71, 53-73, 53-78, 53-79, 53-80, 53-81, 53-82, 53-83, 53-85, 53-87, 53-88, 53-90, 53-91.2, 53-91.3, 53-105, 53-106, 53-107, 53-108, 53-109, 53-110, 53-111, 53-112, 53-117, 53-118, 53-119, 53-120, 53-121, 53-122, 53-123, 53-124, 53-125, 53-126, 53-128, 53-129, 53-132, 53-133, 53-134, relating to the supervision and examination of commercial banks, shall be construed to be applicable to industrial banks, insofar as they are not inconsistent with the provisions of this Article. Sections 53-19, 53-24, 53-37, 53-39, 53-40, 53-41, 53-44, 53-45, 53-61, 53-75, 53-76, 53-77, 53-86, 53-113, 53-114, 53-115, 53-116, 53-135, 53-146, and 53-148 through 53-158, relating to commercial banks, shall be construed to be applicable to industrial banks.
N.C. Gen. Stat. § 14-84 — NC Code / Chapter 14 / Section 14-84
§ 14-84. Animals subject to larceny
Status: in_force

All common-law distinctions among animals with respect to their being subject to larceny are abolished. Any animal that is in a person's possession is the subject of larceny.
N.C. Gen. Stat. § 53-144 — NC Code / Chapter 53 / Section 53-144
§ 53-144. Supervision and examination
Status: in_force

Every industrial bank now or hereafter transacting the business of an industrial bank as defined by this Article, whether as a separate business or in connection with any other business under the laws of and within this State, shall be subject to the provisions of this Article, and shall be under the supervision of the Commissioner of Banks. The Commissioner of Banks shall exercise control of and supervision over the industrial banks doing business under this Article, and it shall be his duty to execute and enforce, through the State bank examiners and such other agents as are now or may hereafter be created or appointed, all laws which are now or may hereafter be enacted relating to industrial banks as defined in this Article. For the more complete and thorough enforcement of the provisions of this Article, the State Banking Commission is hereby empowered to promulgate such rules, regulations, and instructions, not inconsistent with the provisions of this Article, as may, in its opinion, be necessary to carry out the provisions of the laws relating to industrial banks as in this Article defined, and as may be further necessary to insure such safe and conservative management of industrial banks under the supervision of the Commissioner of Banks as may provide adequate protection for the interest of creditors, stockholders, and the public, in their relations with such institutions. All industrial banks doing business under the provisions of this Article shall conduct their business in a manner consistent with all laws relating to industrial banks, and all rules, regulations and instructions that may be promulgated or issued by the State Banking Commission.
N.C. Gen. Stat. § 161-11-1 — NC Code / Chapter 161 / Section 161-11-1
§ 161-11.1. Fees for Children's Trust Fund
Status: reserved

(a) Five dollars ($5.00) of each fee collected by a register of deeds on or after October 1, 1983, for issuance of a marriage license pursuant to G.S. 161-10(a)(2) shall be forwarded, as soon as practical but no later than 60 days after collection by the register of deeds, to the county finance officer, who shall forward same to the Department of Health and Human Services, Division of Social Services, for deposit in the Children's Trust Fund.

(b) Repealed by S.L. 1997-136, § 1, eff. June 4, 1997 .