FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 7A-101 — NC Code / Chapter 7A / Section 7A-101
§ 7A-101. Compensation
Status: reserved

(a) The clerk of superior court is a full-time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the number of State-funded assistant and deputy clerks of court as determined by the Administrative Office of Court's workload formula, according to the following schedule:

Assistants and Deputies

Annual Salary

0-19

$104,300

20-29

115,280

30-49

126,259

50-99

137,238

100 and above

139,983

If the number of State-funded assistant and deputy clerks of court as determined by the Administrative Office of Court's workload formula changes, the salary of the clerk shall be changed, on July 1 of the fiscal year for which the change is reported, to the salary appropriate for that new number, except that the salary of an incumbent clerk shall not be decreased by any change in that number during the clerk's continuance in office.

(a1) Repealed by S.L. 2019-209, § 3.5(a), eff. July 1, 2019 .

(b) The clerk shall receive no fees or commission by virtue of the clerk's office. The salary set forth in this section is the clerk's sole official compensation.

(c) In lieu of merit and other increment raises paid to regular State employees, a clerk of superior court shall receive as longevity pay an amount equal to four and eight-tenths percent (4.8%) of the clerk's annual salary payable monthly after five years of service, nine and six-tenths percent (9.6%) after 10 years of service, fourteen and four-tenths percent (14.4%) after 15 years of service, nineteen and two-tenths percent (19.2%) after 20 years of service, and twenty-four percent (24%) after 25 years of service. Service shall mean service in the elective position of clerk of superior court, as an assistant clerk of court and as a supervisor of clerks of superior court with the Administrative Office of the Courts and shall not include service as a deputy or acting clerk. Service shall also mean service as a justice, judge, or magistrate of the General Court of Justice or as a district attorney.
N.C. Gen. Stat. § 20-28-4 — NC Code / Chapter 20 / Section 20-28-4
§ 20-28.4. Release of impounded motor vehicles by judge
Status: in_force

(a) Release Upon Conclusion of Trial.--If the driver of a motor vehicle seized pursuant to G.S. 20-28.3 :

(1) Is subsequently not convicted of the underlying offense resulting in seizure due to dismissal or a finding of not guilty; or

(2) The judge at a forfeiture hearing conducted pursuant to G.S. 20-28.2(d) finds that the criteria for forfeiture have not otherwise been met; and

(3) The vehicle has not previously been released to a lienholder pursuant to G.S. 20-28.3(e3) ,

the seized motor vehicle or insurance proceeds held by the clerk of court pursuant to G.S. 20-28.2(c1) or G.S. 20-28.3(h) shall be released to the motor vehicle owner conditioned upon payment of towing and storage costs. The court shall not waive the payment of towing and storage costs. The court shall include in its order notice to the owner of the seized motor vehicle still being held, that within 30 days of the date of the court's order, the owner must make payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs.

(b) Notwithstanding G.S. 44A-2(d) , if the owner of the seized motor vehicle does not obtain release of the vehicle within 30 days from the date of the court's order, the possessor of the seized motor vehicle has a mechanics' lien on the seized motor vehicle for the full amount of the towing and storage charges incurred since the motor vehicle was seized and may dispose of the seized motor vehicle pursuant to Article 1 of Chapter 44A of the General Statutes. Notice of the right to a judicial hearing on the validity of the mechanics' lien given to the owner of the motor vehicle in open court in accordance with subsection (a) of this section or delivery to the owner of the vehicle of a copy of the court's order entered in accordance with subsection (a) of this section shall satisfy the notice requirement of G.S. 44A-4(b) .
N.C. Gen. Stat. § 7B-805 — NC Code / Chapter 7B / Section 7B-805
§ 7B-805. Quantum of proof in adjudicatory hearing
Status: in_force

The allegations in a petition alleging that a juvenile is abused, neglected, or dependent shall be proved by clear and convincing evidence.
N.C. Gen. Stat. § 163-209-1 — NC Code / Chapter 163 / Section 163-209-1
§ 163-209.1. Notification of political parties of dual-office holding rules
Status: in_force

During January of each year in which electors are elected, the Secretary of State shall notify each political party authorized to nominate electors of (i) the requirement under G.S. 163-1(c) to nominate first and second alternate electors, and (ii) the dual-office holding requirements of the North Carolina Constitution and the General Statutes, including specifically that if a person elected as elector holds another elective office at the time of taking the oath of office as elector, that other office is vacated upon taking the oath of office.
N.C. Gen. Stat. § 58-31A-60 — NC Code / Chapter 58 / Section 58-31A-60
§ 58-31A-60. Catastrophic insurance for covered activities
Status: in_force

(a) For the purposes of this section, the following definitions shall apply:

(1) Administering organization.--As defined in G.S. 115C-407.50 .

(2) Covered activities .--Interscholastic athletic activities that are authorized, sanctioned, or scheduled by a participating school or by an administering organization, including school-supervised practice, game-related activity, and related travel.

(3) Covered persons .--Students or school personnel participating in or responsible for supervising covered activities.

(4) Participating school.--As defined in G.S. 115C-407.50 .

(b) The Commissioner of Insurance shall have the duty to offer catastrophic insurance coverage for covered persons to participating schools for covered activities.

(c) Premiums for catastrophic insurance for covered activities shall be paid by each participating school in accordance with rates fixed by the Commissioner, and the Commissioner may purchase from insurers admitted to do business in North Carolina such insurance as may be necessary.
N.C. Gen. Stat. § 58-3-140 — NC Code / Chapter 58 / Section 58-3-140
§ 58-3-140. Temporary contracts of insurance permitted
Status: in_force

A lender engaged in making or servicing real estate mortgage or deed of trust loans on one to four family residences shall accept as evidence of insurance a temporary written contract of insurance meeting the requirements of G.S. 58-44-20(4) and issued by any duly licensed insurance producer or insurance company.

Nothing herein prohibits the lender from refusing to accept a binder or from disapproving such insurer or insurance producer provided such refusal or disapproval is reasonable.

Such lender need not accept a binder unless such binder:

(1) Includes:

a. The name and address of the insured;

b. The name and address of the mortgagee;

c. A description of the insured collateral;

d. A provision that it may not be cancelled within a term of the binder except upon 10 days' written notice to the mortgagee; and

e. The amount of insurance bound.

(2) Is accompanied by a paid receipt for one year's premium, except in the case of the renewal of a policy subsequent to the closing of a loan; and

(3) Includes an undertaking of insurance producer to use his best efforts to have the insurance company issue a policy.

The Department may require binders to contain any additional information to permit the binders to comply with the reasonable requirements of Fannie Mae, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation for purchase of mortgage loans.
N.C. Gen. Stat. § 160A-289 — NC Code / Chapter 160A / Section 160A-289
§ 160A-289. Training and development programs for law enforcement
Status: in_force

A city shall have authority to plan and execute training and development programs for law-enforcement agencies, and for that purpose may

(1) Contract with other cities, counties, and the State and federal governments and their agencies;

(2) Accept, receive, and disburse funds, grants and services;

(3) Create joint agencies to act for and on behalf of participating counties and cities;

(4) Make applications for, receive, administer, and expend federal grant funds; and

(5) Appropriate and expend available tax or nontax funds.
N.C. Gen. Stat. § 90A-47-2 — NC Code / Chapter 90A / Section 90A-47-2
§ 90A-47.2. Certified operator in charge required; qualifications for certification
Status: in_force

(a) No owner or other person in control of an animal operation having an animal waste management system shall allow the system to be operated by a person who does not hold a valid certificate as an operator in charge of an animal waste management system issued by the Commission. No person shall perform the duties of an operator in charge of an animal waste management system without being certified under the provisions of this Part. Other persons may assist in the operation of an animal waste management system so long as they are directly supervised by an operator in charge who is certified under this Part.

(b) The owner or other person in control of an animal operation may contract with a certified animal waste management system operator in charge to provide for the operation of the animal waste management system at that animal operation. The Commission may adopt rules requiring that any certified animal waste management system operator in charge who contracts with one or more owners or other persons in control of an animal operation file an annual report with the Commission as to the operation of each system at which the services of the operator in charge are provided.
N.C. Gen. Stat. § 53C-8-15 — NC Code / Chapter 53C / Section 53C-8-15
§ 53C-8-15. Removal of directors, officers, and employees
Status: in_force

(a) If the Commissioner determines that a director, officer, or employee of a bank has participated in or consented to any violation of this Chapter or an order of the Commissioner, or has engaged in any unsafe or unsound business practice in the operation of the bank, or has been dishonest, incompetent, or reckless in the management of the affairs of the bank, or has persistently violated the laws of this State, or repeatedly violated or failed to comply with any of the bank's organizational documents, and that as a result, a situation exists requiring prompt corrective action in order to protect the bank, its customers, or the public, the Commissioner may issue an order temporarily removing the director, officer, or employee pending a hearing that shall occur not less 10 days after removal. The order shall state that it is a “Temporary Order of Removal” and shall further state the grounds upon which it was issued together with the date, time, and location of a hearing on the matter. For good cause shown, the Commissioner may grant the director, officer, or employee subject to the order a 10-day extension of the hearing date, but the temporary removal order shall remain in full force and effect. Upon a hearing before the Commissioner within the prescribed time, the temporary removal order may be dissolved or made permanent in whole or in part.

(b) Any removal under this section is effective in all respects as if the removal had been made by the shareholders of the bank in question.

(c) Without the prior written approval of the Commissioner, no director, officer, or employee subject to an order under this section shall be eligible to be elected, reelected, or appointed any position as a director, officer, or employee of that bank or any other North Carolina financial institution during the period of the order's effect.

(d) An individual who is the subject of an order of the Commissioner under this section may appeal the order to the Commission pursuant to G.S. 53C-2-6 no later than 10 days after the date of issuance of the order.
N.C. Gen. Stat. § 14-34-4 — NC Code / Chapter 14 / Section 14-34-4
§ 14-34.4. Adulterated or misbranded food, drugs, or cosmetics; intent to cause serious injury or death; intent to extort
Status: in_force

(a) Any person who with the intent to cause serious injury or death manufactures, sells, delivers, offers, or holds for sale, any food, drug, or cosmetic that is adulterated or misbranded, or adulterates or misbrands any food, drug, or cosmetic, in violation of G.S. 106-122 , is guilty of a Class C felony.

(b) Any person who with the intent to wrongfully obtain, directly or indirectly, anything of value or any acquittance, advantage, or immunity communicates to another that he has violated, or intends to violate, subsection (a) of this section, is guilty of a Class C felony.
N.C. Gen. Stat. § 18B-103 — NC Code / Chapter 18B / Section 18B-103
§ 18B-103. Exemptions
Status: in_force

All of the following activities shall be permitted:

(1) The use of ethyl alcohol for scientific, chemical, pharmaceutical, mechanical, and industrial purposes.

(2) The use of ethyl alcohol by persons authorized to obtain it tax free, as provided by federal law.

(3) The use of ethyl alcohol in the manufacture and preparation of any product unfit for use as a beverage.

(4) The use of alcoholic beverages by licensed physicians, druggists, or dental surgeons for medicinal or pharmaceutical purposes; or the use of alcoholic beverages by medical facilities established and maintained for the treatment of patients addicted to the use of alcohol or drugs.

(5) The use of grain alcohol by college, university or State laboratories, and by manufacturers of medicine, for compounding, mixing, or preserving medicines or medical preparations, or for surgical purposes.

(5a) The manufacture, possession, and consumption of alcoholic beverages for the purpose of conducting scientific, chemical, pharmaceutical, mechanical, industrial, and educational research in connection with teaching, research, or extension programs conducted by, or under the supervision of, an instructor at an accredited community college, public or private college or university, or an extension agent in connection with educational programs and activities offered by the North Carolina Cooperative Extension Service.

(6) The manufacture, importation, and possession of denatured alcohol produced and used as provided by federal law.

(7) The manufacture or sale of cider or vinegar.

(8) The possession and use of unfortified wine or fortified wine for sacramental purpose by any organized church or ordained minister, including in public school buildings when the use of those buildings is approved by the local school board.

(9) The possession and use of alcohol acquired for controlled-drinking programs as authorized under G.S. 20-139.1(g) .

(10) The use of spirituous liquor in the manufacture of flavors or flavoring extracts that are unfit for beverage use.

(11) Under the direct supervision of an instructor during a culinary class that is part of an established culinary curriculum at an accredited college or university, the delivery to or possession or consumption by a student who is less than 21 years of age, when the student is required to taste or imbibe the alcoholic beverage during a culinary class conducted pursuant to the curriculum.

(12) The trade or exchange of lawfully purchased spirituous liquor if all of the following requirements are met:

a. The transaction only involves the trade or exchange of lawfully purchased spirituous liquor for other lawfully purchased spirituous liquor.

b. The trade or exchange is only between individuals, for personal use only, and not for resale.

c. The spirituous liquor to be traded or exchanged is or has been approved by the Commission for sale in this State and is not unfit for human consumption.

d. The spirituous liquor is not an antique spirituous liquor as that term is defined in G.S. 18B-101(5a) .
N.C. Gen. Stat. § 127A-18 — NC Code / Chapter 127A / Section 127A-18
§ 127A-18. Personal staff of Governor
Status: in_force

The Governor may detail not more than 10 active North Carolina National Guard members and two active naval militia members who shall in addition to their regular duties, perform the duties of aides-de-camp on the personal staff of the Governor.
N.C. Gen. Stat. § 146-72 — NC Code / Chapter 146 / Section 146-72
§ 146-72. Purpose
Status: in_force

The State Land Fund may, in accordance with rules and regulations adopted by the Governor and approved by the Council of State, be used for the following purposes:

(1) To pay any expenses incurred in carrying out the duties and responsibilities created by the provisions of this Chapter.

(2) For the acquisition of land, when appropriation is made for that purpose by the General Assembly.

(3) To pay any expenses incurred by the State Auditor in carrying out the duties and responsibilities created by G.S. 143-341.2(b)(3) .
N.C. Gen. Stat. § 54B-67 — NC Code / Chapter 54B / Section 54B-67
§ 54B-67. Primary jurisdiction
Status: in_force

Whenever an agency of the United States government shall defer to the Commissioner of Banks, or notify the Commissioner of Banks of pending action against an association chartered by this State or fail to exercise its authority over any State-or federally-chartered association doing business in this State, the Commissioner of Banks shall have the authority to exercise jurisdiction over such association.
N.C. Gen. Stat. § 95-25-12 — NC Code / Chapter 95 / Section 95-25-12
§ 95-25.12. Vacation pay plans
Status: in_force

No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give all vacation time off or payment in lieu of time off in accordance with the company policy or practice. Employees shall be notified in accordance with G.S. 95-25.13 of any policy or practice which requires or results in loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture.
N.C. Gen. Stat. § 84-38 — NC Code / Chapter 84 / Section 84-38
§ 84-38. Solicitation of retainer or contract for legal services prohibited; division of fees
Status: in_force

It shall be unlawful for any person, firm, corporation, or association or his or their agent, agents, or employees, acting on his or their behalf, to solicit or procure through solicitation either directly or indirectly, any legal business, whether to be performed in this State or elsewhere, or to solicit or procure through solicitation either directly or indirectly, a retainer or contract, written or oral, or any agreement authorizing an attorney or any other person, firm, corporation, or association to perform or render any legal services, whether to be performed in this State or elsewhere.

It shall be unlawful for any person, firm, corporation, or association to divide with or receive from any attorney-at-law, or group of attorneys-at-law, whether practicing in this State or elsewhere, either before or after action is brought, any portion of any fee or compensation charged or received by such attorney-at-law, or any valuable consideration or reward, as an inducement for placing or in consideration of being placed in the hands of such attorney or attorneys-at-law, or in the hands of another person, firm, corporation or association, a claim or demand of any kind, for the purpose of collecting such claim or instituting an action thereon or of representing claimant in the pursuit of any civil remedy for the recovery thereof, or for the settlement or compromise thereof, whether such compromise, settlement, recovery, suit, claim, collection or demand shall be in this State or elsewhere. This paragraph shall not apply to agreements between attorneys to divide compensation received in cases or matters legitimately, lawfully and properly received by them.

Any person, firm, corporation or association of persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The council of the North Carolina State Bar is hereby authorized and empowered to investigate and bring action against persons charged with violations of this section and the provisions as set forth in G.S. 84-37 shall apply. Nothing contained herein shall be construed to supersede the authority of district attorneys to seek injunctive relief or institute criminal proceedings in the same manner as provided for in G.S. 84-7 . Nothing herein shall be construed as abridging the inherent powers of the courts to deal with such matters.
N.C. Gen. Stat. § 52-2 — NC Code / Chapter 52 / Section 52-2
§ 52-2. Capacity to contract
Status: in_force

Subject to the provisions of G.S. 52-10 or 52-10.1 , G.S. 39-7 and other regulations and limitations now or hereafter prescribed by the General Assembly, every married person is authorized to contract and deal so as to affect his or her real and personal property in the same manner and with the same effect as if he or she were unmarried.
N.C. Gen. Stat. § 75-133 — NC Code / Chapter 75 / Section 75-133
§ 75-133. Title
Status: in_force

This Article shall be known and may be cited as the “Credit Monitoring Services Act.”
N.C. Gen. Stat. § 153A-286 — NC Code / Chapter 153A / Section 153A-286
§ 153A-286. Law with respect to riparian rights not changed
Status: in_force

Nothing in this Article changes or modifies existing common or statute law with respect to the relative rights of riparian owners or others concerning the use of or disposal of water in the streams of North Carolina.
N.C. Gen. Stat. § 20-371 — NC Code / Chapter 20 / Section 20-371
§ 20-371. Penalties
Status: in_force

(a) Any person violating the provisions of this Article or the regulations of the Department governing housemoving shall be guilty of a Class 1 misdemeanor.

(b) The Department is hereby authorized in the name of the State to apply for relief by injunction, in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this Article, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof.
N.C. Gen. Stat. § 67-30 — NC Code / Chapter 67 / Section 67-30
§ 67-30. Appointment of animal control officers authorized; salary, etc.
Status: in_force

A county may appoint one or more animal control officers and may fix their salaries, allowances, and expenses.
N.C. Gen. Stat. § 143B-92 — NC Code / Chapter 143B / Section 143B-92
§ 143B-92. Roanoke Island Historical Association--creation, powers and duties
Status: in_force

There is hereby recreated the Roanoke Island Historical Association with the powers and duties delineated in Article 19 of Chapter 143 of the General Statutes of North Carolina .
N.C. Gen. Stat. § 54C-103 — NC Code / Chapter 54C / Section 54C-103
§ 54C-103. Duties and liabilities of officers and directors to their associations
Status: in_force

Officers and directors of a State savings bank shall act in a fiduciary capacity towards the savings bank and its members or stockholders. They shall discharge duties of their respective positions in good faith, and with that diligence and care which ordinarily prudent persons would exercise under similar circumstances in like positions.