FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 58-30-145 — NC Code / Chapter 58 / Section 58-30-145
§ 58-30-145. Fraudulent transfer after petition
Status: reserved

(a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value; or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the register of deeds in the county in which any real property in question is located. The exercise by a court of the United States or any state to authorize or effect a judicial sale of real property of the insurer within any county in any state is not impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.

(b) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:

(1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith is valid against the receiver if made for a present fair equivalent value; or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred.

(2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending.

(3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith.

(4) A person asserting the validity of a transfer under this section has the burden of proof. Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator is valid as against the liquidator.

(c) Nothing in this Article impairs the validity of currency or the negotiability of any instrument.
N.C. Gen. Stat. § 115D-79 — NC Code / Chapter 115D / Section 115D-79
§ 115D-79. Open meetings
Status: in_force

All official meetings of the State Board of Community Colleges and of local boards of trustees shall be open to the public in accordance with the provisions of G.S. 143-318.1 through 143-318.7 .
N.C. Gen. Stat. § 135-29 — NC Code / Chapter 135 / Section 135-29
§ 135-29. Referenda and certification
Status: in_force

(a) With respect to employees of the State and any other individuals covered by Article 1 of Chapter 135 of the General Statutes , Volume 17, as amended and as may be hereafter amended, the Governor is empowered to authorize a referendum, and with respect to the employees of any political subdivision he shall authorize a referendum upon request of the governing body of such vision covered by Article 3 of Chapter 128 of the General Statutes , Volume 16, as amended and as the same may be hereafter amended, or by some other retirement system established either by the State or by the political subdivision; and in either case the referendum shall be conducted, and the Governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this Article. The notice of referendum required by section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or the individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this Article.

(b) Upon receiving evidence satisfactory to him that with respect to any such referendum the conditions specified in section 218(d)(3) of the Social Security Act have been met, the Governor or such State official as may be designated by him, shall so certify to the Secretary of Health, Education and Welfare.
N.C. Gen. Stat. § 90-113-73A — NC Code / Chapter 90 / Section 90-113-73A
§ 90-113.73A. Expand monitoring capacity; report
Status: reserved

(a) The North Carolina Controlled Substances Reporting System shall expand its monitoring capacity by establishing data use agreements with the Prescription Behavior Surveillance System. In order to participate, the CSRS shall establish a data use agreement with the Center of Excellence at Brandeis University no later than January 1, 2016.

(b) Repealed by S.L. 2020-78, § 4B.1(a), eff. July 1, 2020 .
N.C. Gen. Stat. § 87-97-2 — NC Code / Chapter 87 / Section 87-97-2
§ 87-97.2. Issuance of permit for property within service area of a public water system
Status: reserved

(a) Notwithstanding G.S. 130A-55(16) , 153A-284 , 160A-317 , 162A-6(a)(14d) , and 162A-14(2) , a property owner may apply for, and be issued, a permit for a private drinking water well to serve any undeveloped or unimproved property located so as to be served by a public water system.

(b) Notwithstanding G.S. 130A-55(16) , 153A-284 , 160A-317 , 162A-6(a)(14d) , and 162A-14(2) , a property owner of developed or improved property located so as to be served by a public water system may apply for, and be issued, a permit for a private drinking water well if the public water system has not yet installed water lines directly available to the property or otherwise cannot provide water service to the property at the time the property owner desires water service.

(c) Upon compliance with this Article, the property owner receiving a permit pursuant to subsection (a) or (b) of this section shall not be required to connect to the public water system for so long as the permitted private drinking water well remains compliant and in use. A property owner may opt to connect to the public water system if the property owner so desires. If the property owner opts to connect, the property owner may continue to operate the private drinking water well if that well is not interconnected to any plumbing connected to the public water system and that produces water that is used for irrigation or other nonpotable purposes only.

(d) Nothing in this section shall require a property owner to install a private drinking water well if the property is located so as to be served by a public water system and the public water system is willing to provide service to the property.

(e) This section shall not apply, and a public water system may mandate connection to that public water system, in any of the following situations:

(1) The private drinking water well serving the property has failed and cannot be repaired.

(2) The property is located in an area where the drinking water removed by the private drinking water well is contaminated or likely to become contaminated due to nearby contamination.

(3) The public authority or unit of government operating the public water system is being assisted by the Local Government Commission.

(4) Expired.
N.C. Gen. Stat. § 120-3 — NC Code / Chapter 120 / Section 120-3
§ 120-3. Pay of members and officers of the General Assembly
Status: in_force

(a) The Speaker of the House shall be paid an annual salary of thirty-eight thousand one hundred fifty-one dollars ($38,151) payable monthly, and an expense allowance of one thousand four hundred thirteen dollars ($1,413) per month. The President Pro Tempore of the Senate shall be paid an annual salary of thirty-eight thousand one hundred fifty-one dollars ($38,151) payable monthly, and an expense allowance of one thousand four hundred thirteen dollars ($1,413) per month. The Speaker Pro Tempore of the House shall be paid an annual salary of twenty-one thousand seven hundred thirty-nine dollars ($21,739) payable monthly, and an expense allowance of eight hundred thirty-six dollars ($836.00) per month. The Deputy President Pro Tempore of the Senate shall be paid an annual salary of twenty-one thousand seven hundred thirty-nine dollars ($21,739) payable monthly, and an expense allowance of eight hundred thirty-six dollars ($836.00) per month. The majority and minority leaders in the House and the majority and minority leaders in the Senate shall be paid an annual salary of seventeen thousand forty-eight dollars ($17,048) payable monthly, and an expense allowance of six hundred sixty-six dollars ($666.00) per month.

(b) Every other member of the General Assembly shall receive increases in annual salary only to the extent of and in the amounts equal to the average increases received by employees of the State, effective upon convening of the next Regular Session of the General Assembly after enactment of these increased amounts, except no such increase is granted upon the convening of the 1997 Regular Session of the General Assembly. Accordingly, upon convening of the 1997 Regular Session of the General Assembly, every other member of the General Assembly shall be paid an annual salary of thirteen thousand nine hundred fifty-one dollars ($13,951) payable monthly, and an expense allowance of five hundred fifty-nine dollars ($559.00) per month.

(c) The salary and expense allowances provided in this section are in addition to any per diem compensation and any subsistence and travel allowance authorized by any other law with respect to any regular or extra session of the General Assembly, and service on any State board, agency, commission, standing committee and study commission.
N.C. Gen. Stat. § 36C-11-1101 — NC Code / Chapter 36C / Section 36C-11-1101
§ 36C-11-1101. Uniformity of application and construction
Status: in_force

In applying and construing this Chapter, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
N.C. Gen. Stat. § 105-129-109 — NC Code / Chapter 105 / Section 105-129-109
§ 105-129.109. Report; tracking
Status: in_force

(a) The Department must include in the economic incentives report required by G.S. 105-256 the following information itemized by taxpayer:

(1) The number of taxpayers that took the credits allowed in this Article.

(2) The amount of rehabilitation expenses and qualified rehabilitation expenditures with respect to which credits were taken.

(3) The total cost to the General Fund of the credits taken.

(b) The Department shall include in the economic incentives report required by G.S. 105-256 the following information:

(1) The total amount of tax credits claimed and the total amount of tax credits taken against current taxes, by type of tax, during the relevant tax year.

(2) The total amount of tax credits carried forward, by type of tax.
N.C. Gen. Stat. § 58-3-280 — NC Code / Chapter 58 / Section 58-3-280
§ 58-3-280. Coverage for the diagnosis and treatment of lymphedema
Status: in_force

(a) Every health benefit plan, as defined in G.S. 58-3-167 , shall provide coverage for the diagnosis, evaluation, and treatment of lymphedema. The coverage required by this section shall include benefits for equipment, supplies, complex decongestive therapy, gradient compression garments, and self-management training and education, if the treatment is determined to be medically necessary and is provided by a licensed occupational or physical therapist or licensed nurse that has experience providing this treatment, or other licensed health care professional whose treatment of lymphedema is within the professional's scope of practice.

(b) The same deductibles, coinsurance, and other limitations as apply to similar services covered under the health benefit plan apply to coverage for the diagnosis, evaluation, and treatment of lymphedema required to be covered under this section. Nothing in this section requires a health benefit plan to provide a separate set of benefit limitations or maximums for the diagnosis, evaluation, or treatment of lymphedema.

(c) As used in this section, gradient compression garments:

(1) Require a prescription;

(2) Are custom-fit for the covered individual; and

(3) Do not include disposable medical supplies such as over-the-counter compression or elastic knee-high or other stocking products.
N.C. Gen. Stat. § 143B-433 — NC Code / Chapter 143B / Section 143B-433
§ 143B-433. Department of Commerce--organization
Status: reserved

The Department of Commerce shall be organized to include:

(1) The following agencies:

a. Repealed by S.L. 2014-100, § 15.2A(c), eff. Oct. 1, 2014 .

b. The North Carolina Utilities Commission.

c. Repealed by S.L. 2011-401, § 1.5, eff. Nov. 1, 2011 .

d. Repealed by S.L. 2017-57, § 15.19A(b), eff. July 1, 2017 .

e. State Banking Commission.

f. Savings Institutions Division.

g. Repealed by S.L. 2001-193, § 11, eff. July 1, 2001 .

h. Credit Union Commission.

i. Repealed by S.L. 2004-199, § 27(d), eff. Aug. 17, 2004 .

j. The North Carolina Mutual Burial Association Commission.

k. Repealed by S.L. 2012-120, § 3(g), eff. June 28, 2012 .

l . The North Carolina Rural Electrification Authority.

m. Repealed by Laws 1985, c. 757, § 179(d).

n. North Carolina Science and Technology Research Center.

o . Repealed by S.L. 2011-145, § 14.6(g), eff. July 1, 2011 .

p. Repealed by S.L. 2010-180, § 7(f), eff. Aug. 2, 2010 .

q. Economic Development Board.

r. Labor Force Development Council.

s., t. Repealed by S.L. 2000-140, § 76(j), eff. Sept. 30, 2000 .

u. Navigation and Pilotage Commissions established by Chapter 76 of the General Statutes .

v. Repealed by Laws 1993, c. 321, § 313b, eff. July 1, 1993 .

w. The Rural Economic Development Division.

x. The Rural Infrastructure Authority.

(2) Those agencies which are transferred to the Department of Commerce including the:

a. Community Assistance Division.

b. Repealed by S.L. 2021-90, § 9(c), eff. July 22, 2021 .

c. Employment and Training Division.

d. Repealed by S.L. 2017-57, § 15.19A(b), eff. July 1, 2017 .

(3) The Division of Employment Security.

(4) Such divisions as may be established pursuant to Article 1 of this Chapter.
N.C. Gen. Stat. § 90-270-73 — NC Code / Chapter 90 / Section 90-270-73
§ 90-270.73. Issuance of license
Status: reserved

(a) The Board shall issue a license to any individual who meets the requirements of this Article upon payment of the license fee prescribed in G.S. 90-270.77 .

(b) Any individual licensed as an occupational therapist under this Article may use the words “occupational therapist” and may use the letters “O.T.” or “O.T./L.” in connection with his or her name or place of business.

(c) Any individual licensed as an occupational therapy assistant under this Article may use the words “occupational therapy assistant” and may use the letters “O.T.A.” or “O.T.A./L.” in connection with his or her name or place of business.

(d) Repealed by S.L. 2008-187, § 40(b), eff. Aug. 7, 2008 .
N.C. Gen. Stat. § 93E-1-11 — NC Code / Chapter 93E / Section 93E-1-11
§ 93E-1-11. Register of applicants; roster of trainees, State-licensed and State-certified appraisers; financial report to Secretary of State; administrative expenses
Status: in_force

(a) The Executive Director of the Board shall keep a register of all applicants for State trainee registration or for State licensure or certification as real estate appraisers, showing for each the date of application, name, business or residence address, and whether the registration, license or certificate was granted or refused. The register shall be prima facie evidence of all matters received therein.

(b) The Executive Director of the Board shall also keep a current roster showing the names and places of business of all registered trainees and State-licensed and State-certified real estate appraisers, which roster shall be kept on file in the office of the Board and be open to public inspection.

(c) On or before the first day of November of each year, the Board shall file with the Secretary of State a copy of the roster of registered trainees and real estate appraisers licensed or certified by the Board and a report containing a complete statement of income received by the Board in connection with the trainee registration and the licensure and certification of real estate trainees and appraisers for the preceding fiscal year ending June 30th, attested by the affidavit of the Executive Director of the Board.

(d) In addition to those fees prescribed in this Chapter for making application for and renewing trainee registrations, appraiser licenses, and certificates, the Board may collect from applicants and holders of the licenses and certificates and remit to the appropriate agency or instrumentality of the federal government any additional fees as may be required to render North Carolina State-licensed or State-certified appraisers eligible to perform appraisals in connection with federally related transactions as well as an additional fee of twenty dollars ($20.00) to cover the administrative costs associated therewith.
N.C. Gen. Stat. § 20-137-12 — NC Code / Chapter 20 / Section 20-137-12
§ 20-137.12. Secretary may contract for disposal
Status: in_force

The Secretary is hereby authorized to contract with any federal, other state, county or municipal authority or private enterprise for tagging, collection, storage, transportation or any other services necessary to prepare derelict or abandoned vehicles for recycling or other methods of disposal. Publicly owned properties, when available, shall be provided as temporary collecting areas for the vehicles defined herein. The Secretary shall have full authority to sell such derelict or abandoned vehicles. If the Secretary deems it more advisable and practical, in addition, he is authorized to contract with private enterprise for the purchase of such vehicles for recycling.
N.C. Gen. Stat. § 153A-129 — NC Code / Chapter 153A / Section 153A-129
§ 153A-129. Firearms
Status: in_force

(a) Except as provided in this section, a county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except in any of the following instances:

(1) When used to take birds or animals pursuant to Chapter 113, Subchapter IV.

(2) When used in defense of person or property.

(3) When used pursuant to lawful directions of law-enforcement officers.

(b) A county may by ordinance prohibit hunting on Sunday as allowed under G.S. 103-2 , provided the ordinance complies with all of the following:

(1) The ordinance shall be applicable from January 1 until December 31 of any year of effectiveness.

(2) The ordinance shall allow for individuals hunting in an adjacent county with no restriction on Sunday hunting to retrieve any animal lawfully shot from the adjacent county.

(3) The ordinance shall be applicable to the entire county.

(4) The ordinance shall not be effective unless approved by a majority of those voting in a county-wide referendum held as provided in G.S. 163-287 . Such special election shall only be held at the time provided by G.S. 163-287(a)(1) .

(c) A county may regulate the display of firearms on the public roads, sidewalks, alleys, or other public property.

(d) This section does not limit a county's authority to take action under Article 1A of Chapter 166A of the General Statutes.
N.C. Gen. Stat. § 15A-256 — NC Code / Chapter 15A / Section 15A-256
§ 15A-256. Detention and search of persons present in private premises or vehicle to be searched
Status: in_force

An officer executing a warrant directing a search of premises not generally open to the public or of a vehicle other than a common carrier may detain any person present for such time as is reasonably necessary to execute the warrant. If the search of such premises or vehicle and of any persons designated as objects of the search in the warrant fails to produce the items named in the warrant, the officer may then search any person present at the time of the officer's entry to the extent reasonably necessary to find property particularly described in the warrant which may be concealed upon the person, but no property of a different type from that particularly described in the warrant may be seized or may be the basis for prosecution of any person so searched. For the purpose of this section, all controlled substances are the same type of property.
N.C. Gen. Stat. § 153A-395 — NC Code / Chapter 153A / Section 153A-395
§ 153A-395. Powers and duties
Status: in_force

A regional planning commission may:

(1) Apply for, accept, receive, and disburse funds, grants, and services made available to it by the State of North Carolina or any agency thereof, the federal government or any agency thereof, any unit of local government or any agency thereof, or any private or civic agency;

(2) Employ personnel;

(3) Contract with consultants;

(4) Contract for services with the State of North Carolina, any other state, the United States, or any agency of those governments;

(5) Study and inventory regional goals, resources, and problems;

(6) Prepare and amend regional development plans, which may include recommendations for land use within the region, recommendations concerning the need for and general location of public works of regional concern, recommendations for economic development of the region, and any other relevant matters;

(7) Cooperate with and provide assistance to federal, State, other regional, and local planning activities within the region;

(8) Encourage local efforts toward economic development;

(9) Make recommendations for review and action to its member governments and other public agencies that perform functions within the region;

(9a) For the purpose of meeting its office space and program needs, acquire real property by purchase, gift, or otherwise, and improve that property. It may pledge real property as security for an indebtedness used to finance acquisition of that property or for improvements to that property, subject to approval by the Local Government Commission as required under G.S. 159-153 . It may not exercise the power of eminent domain in exercising the powers granted by this subdivision.

(10) Exercise any other power necessary to the discharge of its duties.
N.C. Gen. Stat. § 28B-4 — NC Code / Chapter 28B / Section 28B-4
§ 28B-4. Order of appointment
Status: in_force

(a) If after the hearing, the court is satisfied that said person is, in fact, an absentee in military service as defined in G.S. 28B-1 and that it is necessary that a receiver be appointed, he shall appoint a receiver of the estate and property of said absentee in military service under the supervision and subject to the further orders of the court.

(b) In the appointment of a receiver, the court shall give due consideration to the appointment of the spouse or one of the next of kin of the absentee in military service if such spouse or next of kin is a fit and proper person and is qualified to act.
N.C. Gen. Stat. § 14-113-3 — NC Code / Chapter 14 / Section 14-113-3
§ 14-113.3. Use of credit device as prima facie evidence of knowledge
Status: in_force

The presentation or use of a revoked, false, fictitious or counterfeit telephone number, credit number, or other credit device for the purpose of obtaining credit or the privilege of making a deferred payment for the article or service purchased shall be prima facie evidence of knowledge that the said credit device is revoked, false, fictitious or counterfeit; and the unauthorized use of any telephone number, credit number or other credit device of another shall be prima facie evidence of knowledge that such use was without the authority of the person to whom such number or device was issued.