reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 35 - Cheatham-White Scholarships. › § 116-294 - Cheatham-White Scholarships; administration of scholarships.

§ 116-294. Cheatham-White Scholarships; administration of scholarships.
The University of North Carolina System Office shall administer the Cheatham-White Scholarships, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, pursuant to policies adopted by the Board of Trustees of both constituent institutions. As part of its administrative responsibilities, The University of North Carolina System Office, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, shall do all of the following:
(1) Design and implement an application and school nomination process to be used to identify potential scholarship candidates and a process for awarding the scholarships.
(2) Develop a direct nomination process, in addition to the school nomination process, that allows a student to nominate himself or herself to be considered as a candidate for the scholarship in certain circumstances.
(3) Define and describe more fully the selection criteria to be considered when choosing a scholarship candidate and recipient.
(4) Identify the parties that will (i) evaluate scholarship applications and nominations and (ii) determine which candidates shall be awarded scholarships.
(5) Design the framework and add the necessary substantive detail for the scholarship program, including courses of study that will be available, summer enrichment programs, and other extraordinary educational opportunities, and oversee its implementation.
(6) Establish a mentoring and networking system for scholarship recipients.
(7) Administer the Cheatham-White Scholarships Fund.
(8) Establish a Cheatham-White Scholarships alumni association and network.
(9) Any other function necessary for the successful implementation of the Cheatham-White Scholarships program and administration of the Cheatham-White Scholarships Fund. (2016-94, s. 11.4(e); 2018-12, s. 12.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 35A - Comprehensive Transition Postsecondary (CTP) Scholarships. › § 116-295 - Comprehensive Transition Postsecondary Scholarship Program established; administration of scholarships.

§ 116-295. Comprehensive Transition Postsecondary Scholarship Program established; administration of scholarships.
(a) Program Established. – There is established the Comprehensive Transition Postsecondary (CTP) Scholarship Program to provide scholarships to full-time North Carolina students with intellectual disabilities enrolled in certificate accomplishment programs at constituent institutions of The University of North Carolina that are approved by the United States Department of Education as a CTP Program, pursuant to the Higher Education Opportunity Act of 2008, 20 U.S.C. §§ 1140f through 1140i.
(b) Administration of the Program. – The University of North Carolina System Office shall administer the CTP Scholarship Program, in consultation and collaboration with the constituent institutions, pursuant to policies adopted by the governing body of the constituent institutions that are consistent with the requirements of this Article. (2021-180, s. 8.16(a).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 35A - Comprehensive Transition Postsecondary (CTP) Scholarships. › § 116-296 - Comprehensive Transition Postsecondary Scholarship Fund established; administration of fund.

§ 116-296. Comprehensive Transition Postsecondary Scholarship Fund established; administration of fund.
(a) Fund Established. – There is established the Comprehensive Transition Postsecondary (CTP) Scholarship Fund to be used to fund scholarships awarded pursuant to this Article. All funds appropriated for the program, all returned scholarship monies, and all interest earned on these funds shall be placed in the Fund. Scholarship funds that are unexpended at the end of each fiscal year shall not revert to the General Fund but shall remain available for the award of scholarships under this Article.
(b) Administration of Fund. – The University of North Carolina System Office, in collaboration with the constituent institutions, shall administer the CTP Scholarship Fund. (2021-180, s. 8.16(a).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 35A - Comprehensive Transition Postsecondary (CTP) Scholarships. › § 116-297 - Student eligibility; award of scholarships.

§ 116-297. Student eligibility; award of scholarships.
(a) Eligibility. – To be eligible for a scholarship under this Article, a student must meet all of the following conditions:
(1) Qualify as a resident for tuition purposes under the criteria set forth in G.S. 116-143.1 and in accordance with the coordinated and centralized residency determination process administered by the State Education Assistance Authority.
(2) Meet enrollment standards by being admitted, enrolled, and classified as a full-time student in the Integrative Community Studies CTP Program at the constituent institution.
(3) Submit a Free Application for Federal Student Aid (FAFSA) and demonstrate need according to the federal methodology in Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1070, et seq.
(b) Award of Scholarships; Reduction to Award. – Subject to the availability of funds in the Comprehensive Transition Postsecondary (CTP) Scholarship Fund established under G.S. 116-316, scholarships shall be awarded to eligible students in an amount to cover the cost of attendance in the CTP program at the constituent institution. If a student who is eligible for a scholarship under this section also receives a scholarship or other grant covering the cost of attendance, then the amount of the scholarship shall be reduced by an appropriate amount determined by the constituent institution so that the total amount of scholarships and grants received by the student does not exceed the cost of attendance. The cost of attendance shall be determined by the constituent institution. In the event there are not sufficient funds available for scholarships for each eligible student to cover the cost of attendance, the constituent institution may adjust the distribution of the amount of scholarships as necessary in an academic year. (2021-180, s. 8.16(a).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 36 - Campus Free Speech. › § 116-301 - Committee on Free Expression.

§ 116-301. Committee on Free Expression.
(a) The chair of the Board of Governors of The University of North Carolina System shall designate a standing or special committee of the Board of Governors to act as the Committee on Free Expression.
(b) All employees of The University of North Carolina System and all State agencies shall cooperate with the Committee on Free Expression by providing information requested by the Committee.
(c) The Committee on Free Expression shall report to the public, the Board of Governors, the Governor, and the General Assembly by September 1 of every year. The report shall include all of the following:
(1) A description of any barriers to or disruptions of free expression within the constituent institutions.
(2) A description of the administrative handling and discipline relating to these disruptions or barriers.
(3) A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues.
(4) Any assessments, criticisms, commendations, or recommendations the Committee sees fit to include.
The requirement of reporting to the public may be met by publishing the report on The University of North Carolina System's Web site. (2017-196, s. 1; 2018-5, s. 10.3.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 36 - Campus Free Speech. › § 116-303 - Guidelines and additional policies authorized.

§ 116-303. Guidelines and additional policies authorized.
(a) The Board of Governors, and the constituent institutions of The University of North Carolina subject to approval of the Board of Governors, may adopt additional policies and guidelines to further the purposes of the policies adopted pursuant to this Article. Nothing in this Article shall be construed to prevent institutions from regulating student speech or activity that is prohibited by law. Except as further limited by this Article, constituent institutions shall be allowed to restrict student expression only for expressive activity not protected by the First Amendment, including all of the following:
(1) Violations of State or federal law.
(2) Expression that a court has deemed unprotected defamation.
(3) Unlawful harassment.
(4) True threats, which are defined as statements meant by the speaker to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals.
(5) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.
(6) An action that substantially disrupts the function of the constituent institutions.
(7) Reasonable time, place, and manner restrictions on expressive activities, consistent with G.S. 116-300(4).
(8) Speech that interferes with the treatment of patients.
(b) The Board of Governors shall develop a policy that requires each constituent institution to identify the officer, office, or department with responsibilities for ensuring compliance with this Article and for answering any related questions or concerns. This policy shall require that any officer with these responsibilities receive training on ensuring compliance with this Article. Such training shall be developed and provided by the University of North Carolina School of Government (2017-196, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 36 - Campus Free Speech. › § 116-304 - Limitations on liability.

§ 116-304. Limitations on liability.
Nothing in this Article shall be construed to make any chancellor, officer, employee, or member of a board of trustees of a constituent institution or the President, officer, employee, or member of the Board of Governors of The University of North Carolina personally liable for acts taken pursuant to their official duties. (2017-196, s. 1.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 37 - COVID-19 Immunity for Institutions of Higher Education. › § 116-310 - Definitions.

§ 116-310. Definitions.
The following definitions apply in this Article:
(1) Claim. – A claim or cause of action seeking any legal or equitable remedy or relief.
(2) COVID-19. – The coronavirus disease 2019.
(3) COVID-19 emergency declaration. – Executive Order No. 116 issued March 10, 2020, by Governor Roy A. Cooper, including any amendments issued by executive order, subject to extensions under Chapter 166A of the General Statutes.
(4) COVID-19 essential business executive order. – Executive Order No. 121 issued March 27, 2020, by Governor Roy A. Cooper, including any amendments issued by executive order, subject to extensions under Chapter 166A of the General Statutes.
(5) Individual. – A person paying, or on whose behalf a third party is paying, tuition, fees, or room and board to an institution of higher education for the spring academic semester of 2020.
(6) Institution of higher education. – Any of the following institutions, including the owners, directors, trustees, officers, employees, contractors, and agents of those institutions:
a. A constituent institution under the jurisdiction of The University of North Carolina.
b. A community college under the jurisdiction of the State Board of Community Colleges.
c. An eligible private postsecondary institution, as defined in G.S. 116-280(3). (2020-70, s. 1.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 37 - COVID-19 Immunity for Institutions of Higher Education. › § 116-311 - Institutions of higher education; tuition liability limitation.

§ 116-311. Institutions of higher education; tuition liability limitation.
(a) Notwithstanding any other provision of law and subject to G.S. 116-312, an institution of higher education shall have immunity from claims by an individual, if all of the following apply:
(1) The claim arises out of or is in connection with tuition or fees paid to the institution of higher education for the spring academic semester of 2020.
(2) The claim alleges losses or damages arising from an act or omission by the institution of higher education during or in response to COVID-19, the COVID-19 emergency declaration, or the COVID-19 essential business executive order.
(3) The alleged act or omission by the institution of higher education was reasonably related to protecting the public health, safety, or welfare in response to the COVID-19 emergency declaration, COVID-19 essential business executive order, or applicable guidance from the Centers for Disease Control and Prevention.
(4) The institution of higher education offered remote learning options for enrolled students during the spring academic semester of 2020 that allowed students to complete the semester coursework.
(b) Subsection (a) of this section shall not apply to losses or damages that resulted solely from a breach of an express contractual provision allocating liability in the event of a pandemic event.
(c) Subsection (a) of this section shall not apply to losses or damages caused by an act or omission of the institution of higher education that was in bad faith or malicious. (2020-70, s. 1.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 37 - COVID-19 Immunity for Institutions of Higher Education. › § 116-312 - Applicability.

§ 116-312. Applicability.
This Article applies to alleged acts or omissions occurring on or after the issuance of the COVID-19 emergency declaration until June 1, 2020. The provisions of this Article shall be in addition to all other immunities provided by applicable State law. (2020-70, s. 1.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 37 - COVID-19 Immunity for Institutions of Higher Education. › § 116-313 - Severability.

§ 116-313. Severability.
It is a matter of vital State concern affecting the public health, safety, and welfare that institutions of higher education continue to be able to fulfill their educational missions during the COVID-19 pandemic without civil liability for any acts or omissions for which immunity is provided in this Article. This Article shall be liberally construed to effectuate those public purposes. The provisions of this Article are severable. If any part of this Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article that can be given effect without the invalid provision. (2020-70, s. 1.)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 38 - Biological Sex-Specific Athletic Teams. › § 116-400 - Definitions.

§ 116-400. Definitions.
The following definitions apply in this Article:
(1) Institution of higher education. – A constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or a private college or university located in North Carolina.
(2) Intercollegiate athletic program. – A sport program played at the collegiate level for which eligibility requirements for participation by a student are established by a national association for the promotion or regulation of intercollegiate athletics, including the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), and the National Junior College Athletic Association (NJCAA). (2023-109, s. 2(b).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 38 - Biological Sex-Specific Athletic Teams. › § 116-401 - Designation of athletic teams.

§ 116-401. Designation of athletic teams.
(a) All teams that are part of an intercollegiate athletic program of an institution of higher education shall comply with the following:
(1) Each team shall be expressly designated by the biological sex of the team participants as one of the following:
a. Males, men, or boys.
b. Females, women, or girls.
c. Coed or mixed.
(2) Athletic teams designated for females, women, or girls shall not be open to students of the male sex.
(b) For the purposes of this section, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. (2023-109, s. 2(b).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 38 - Biological Sex-Specific Athletic Teams. › § 116-402 - Cause of action; remedies.

§ 116-402. Cause of action; remedies.
(a) A student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Article may assert that violation as a cause of action for remedies provided for in subsection (d) of this section.
(b) A student who is subjected to retaliation or other adverse action by an institution of higher education, athletic association, or other organization as a result of reporting a violation of this Article to an employee or representative of the institution of higher education, athletic association, or to any local, State, or federal agency with oversight of the institution shall have a cause of action for remedies provided for in subsection (d) of this section.
(c) Any institution of higher education or its representatives or employees who suffer any direct or indirect harm for complying with the requirements of this Article shall have a cause of action for remedies provided for in subsection (d) of this section.
(d) Any person who brings a cause of action pursuant to this Article may obtain appropriate relief, including the following:
(1) Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of this Article.
(2) Actual damages, including for psychological, emotional, or physical harm, reasonable attorney fees, and costs.
(e) All civil actions under this Article must be initiated within two years from the date that the harm occurred. (2023-109, s. 2(b).)
2023 North Carolina General Statutes › Chapter 116 - Higher Education › Article 38 - Biological Sex-Specific Athletic Teams. › § 116-403 - Monitoring compliance with this Article.

§ 116-403. Monitoring compliance with this Article.
The Board of Governors shall monitor constituent institutions for compliance with this Article. If the Board of Governors determines that a constituent institution is in violation of this Article, it shall report the identity of the constituent institution to the Joint Legislative Education Oversight Committee. (2023-109, s. 2(b).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1 - General. › §§ 116B-1: Recodified as G.S. 116B-2.1 in new Article 1A of Chapter 116B by Session Laws 2020-48, s. 3.1(b), (d), effective June 26, 2020.

§ 116B-1: Recodified as G.S. 116B-2.1 in new Article 1A of Chapter 116B by Session Laws 2020-48, s. 3.1(b), (d), effective June 26, 2020.
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1 - General. › § 116B-1.1 - Policy and interpretation.

§ 116B-1.1. Policy and interpretation.
The policy of the State is to recover and transfer property to rightful owners in a manner that is consistent with the interest of the rightful owners. Where the rightful owner cannot be appropriately determined, it is the policy of the State that all benefits realized from any unclaimed or abandoned property shall accrue to the benefit of higher education for the residents of the State. This Chapter shall be liberally interpreted in a manner that fulfills these purposes. (2020-48, s. 3.2.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1 - General. › §§ 116B-2: Recodified as G.S. 116B-2.2 in new Article 1A of Chapter 116B by Session Laws 2020-48, s. 3.1(c), (d), effective June 26, 2020.

§ 116B-2: Recodified as G.S. 116B-2.2 in new Article 1A of Chapter 116B by Session Laws 2020-48, s. 3.1(c), (d), effective June 26, 2020.
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-2.1 - Escheats to Escheat Fund.

§ 116B-2.1. Escheats to Escheat Fund.
All real estate which has accrued to the State since June 30, 1971, or shall hereafter accrue from escheats, shall be vested in the Escheat Fund. Title to any such real property which has escheated to the Escheat Fund shall be conveyed by deed in the manner now provided by G.S. 146-74 through G.S. 146-78, except as is otherwise provided herein: Provided, that in any action in the superior court of North Carolina wherein the State Treasurer is a party, and wherein said court enters a judgment of escheat for any real property, then, upon petition of the State Treasurer in said action, said court shall have the authority to appoint the State Treasurer or his designated agent as a commissioner for the purpose of selling said real property at a public sale, for cash, at the courthouse door in the county in which the property is located, after properly advertising the sale according to law. The said commissioner, when appointed by the court, shall have the right to convey a valid title to the purchaser of the property at public sale. The funds derived from the sale of any such escheated real property by the commissioner so appointed shall thereafter be paid by him into the Escheat Fund. (Const., art. 9, s. 7; 1789, c. 306, s. 2; P.R.; R.C., c. 113, s. 11; Code, s. 2626; Rev., s. 4282; C.S., s. 5784; 1947, c. 494; 1961, c. 257; 1971, c. 1135, s. 2; 1979, 2nd Sess., c. 1311, s. 1; 2020-48, s. 3.1(b), (d).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-2.2 - Unclaimed real and personal property escheats to the Escheat Fund.

§ 116B-2.2. Unclaimed real and personal property escheats to the Escheat Fund.
Whenever the owner of any real or personal property situated or located within this State dies intestate, or dies testate but did not dispose of all real or personal property by will, without leaving surviving any heirs, as defined in G.S. 29-2(3), to inherit said property under the laws of this State, such real and personal property shall escheat. The State Treasurer shall have the right to institute a civil action in the superior court of any county in which such real or personal property is situated, against any administrator, executor, and unknown heirs or unknown claimants as party defendants, which unknown heirs or unknown claimants may be served with summons and notice of such action by publication as is now provided by the laws of this State. If an administrator or executor has been appointed, he shall make a determination that there are no known heirs or unknown claimants and shall inform the State Treasurer of that determination. The superior court in which such civil action is instituted shall have the authority to enter a judgment therein declaring the real and personal property unclaimed as having escheated, and the real property may be sold according to the provisions of G.S. 116-2.1 [G.S. 116B-2.1]. A default final judgment may be entered by the clerk of the superior court in such cases when no answer is filed by the administrator, executor, unknown heirs or unknown claimants to the complaint, or if any answer is filed, the allegations of the complaint are either admitted or not denied by such party defendants, and no claim is made in the answer to the property left by said deceased person. The funds derived from such sale shall be paid into the Escheat Fund where said funds, together with all other escheated funds, shall be held without liability for profit or interest, subject to any just claims therefor. (1957, c. 1105, s. 1; 1971, c. 1135, s. 2; 1979, 2nd Sess., c. 1311, s. 1; 2020-48, s. 3.1(c)-(e).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-3 - Unclaimed personalty on settlements of decedents' estates to the Escheat Fund.

§ 116B-3. Unclaimed personalty on settlements of decedents' estates to the Escheat Fund.
All sums of money or other personal estate of whatever kind which shall remain in the hands of any administrator, executor, administrator c.t.a., or personal representative when the administration of an estate of a person dying intestate, or partially intestate, without leaving any known heirs to inherit same, is ready to be closed, unrecovered or unclaimed by suit, by creditors, heirs, or others entitled thereto, shall, prior to the closing of the administration of the estate, be paid or delivered by such administrator or executor to the State Treasurer as an escheat and shall be included in the disbursements in the final account of such estate. In such cases as above described, the State Treasurer is authorized to demand, sue for, recover, and collect such unclaimed moneys or other personal estate of whatever kind from any administrator or executor after the estate is ready to be closed, or from the clerk of the superior court if the unclaimed assets have been paid over to him, and the State Treasurer shall hold the same without liability for profit or interest, subject to any just claims therefor. The provisions of this section and G.S. 116B-2.2 shall apply to the estate of a person missing for 30 days or more and the State Treasurer may bring an action to have a receiver appointed in such case under the provisions of Chapter 28C, Estates of Missing Persons. (1957, c. 1105, ss. 2, 21/2; 1971, c. 1135, s. 2; 1979, 2nd Sess., c. 1311, s. 1; 1981, c. 531, s. 1; 2020-48, s. 3.1(d), (f).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-4 - Claim for escheated property.

§ 116B-4. Claim for escheated property.
Any escheated property or proceeds from the sale of escheated property held by the Escheat Fund pursuant to G.S. 116B-5 may be claimed by an heir of the decedent or by a creditor of the decedent who is not barred from presenting a claim under the provisions of Article 19 of Chapter 28A of the General Statutes. The provisions of G.S. 116B-67(a), (c), (d), and (e) and G.S. 116B-68 shall apply to a claim under this section. (1979, 2nd Sess., c. 1311, s. 1; 1999-460, s. 1; 2020-48, s. 3.1(d).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-5 - Escheat Fund.

§ 116B-5. Escheat Fund.
All property escheated or abandoned under the provisions of this Chapter and all property escheated or abandoned since June 30, 1971, under the provisions of former Chapter 116A, as amended, shall be paid into a fund to be administered by the Treasurer, which fund shall be designated the Escheat Fund. No escheated or abandoned property heretofore paid or delivered to the University of North Carolina pursuant to any constitutional provision or statute of this State shall be subject to the provisions of this Chapter. (1979, 2nd Sess., c. 1311, s. 1; 1999-460, s. 3(b); 2020-48, s. 3.1(d).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-7 - Distribution of fund.

§ 116B-7. Distribution of fund.
(a) The income derived from the investment or deposit of the Escheat Fund shall be distributed annually on or before August 15 to the State Education Assistance Authority for grants and loans to aid worthy and needy students who are residents of this State and are enrolled in public institutions of higher education in this State. Such grants and loans shall be made upon terms, consistent with the provisions of this Chapter, pursuant to which the State Education Assistance Authority makes grants and loans to other students under G.S. 116-201 to 116-209.23, Article 23 of Chapter 116 of the General Statutes, policies of the Board of Governors of The University of North Carolina regarding need-based grants for students of The University of North Carolina, and policies of the State Board of Community Colleges regarding need-based grants for students of the community colleges. The Authority shall deposit an amount specified in the Current Operations Appropriations Act from the Escheat Fund into the Scholarship Reserve Fund for Public Colleges and Universities pursuant to G.S. 116-209.85 each fiscal year to fund the North Carolina Need-Based Scholarship for Public Colleges and Universities pursuant to Part 5 of Article 23 of Chapter 116 of the General Statutes.
(b) An amount specified in the Current Operations Appropriations Act shall be transferred annually from the Escheat Fund to the Department of Military and Veterans Affairs to partially fund the program of Scholarships for Children of War Veterans established by Part 2 of Article 14 of Chapter 143B of the General Statutes. Those funds may be used only for residents of this State who (i) are worthy and needy as determined by the Department of Military and Veterans Affairs and (ii) are enrolled in public institutions of higher education of this State. (1979, 2nd Sess., c. 1311, s. 1; 1999-460, s. 3(b); 2002-126, s. 9.19(a); 2003-284, s. 18.5(b); 2013-360, s. 11.1(f); 2015-241, ss. 11.1(c), 24.1(t); 2015-268, s. 7.3(a); 2020-48, s. 3.1(d); 2021-180, s. 8A.2(b).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 1A - Escheats. › § 116B-8 - Employment of persons with specialized skills or knowledge.

§ 116B-8. Employment of persons with specialized skills or knowledge.
The Treasurer may employ the services of such independent consultants, real estate managers and other persons possessing specialized skills or knowledge as the Treasurer deems necessary or appropriate for the administration of this Chapter, including valuation, maintenance, upkeep, management, sale and conveyance of property and determination of sources of unreported abandoned property. The Treasurer may also employ the services of an attorney to perform a title search or to provide an accurate legal description of real property which the Treasurer has reason to believe may have escheated. Persons whose services are employed by the Treasurer pursuant to this section to determine sources and amounts of unreported property are subject to the same policies, including confidentiality and ethics, as employees of the Department of State Treasurer assigned to determine sources and amounts of unreported property. If the Treasurer contracts with any other person to conduct an audit under this Chapter, the audit shall not be performed on a contingent fee basis or any other similar method that may impair an auditor's independence or the perception of the auditor's independence by the public. Notwithstanding the preceding sentence, the Treasurer may contract with any other person on a contingent fee basis to conduct audits of life insurance companies where the audit is being conducted for the purpose of identifying unclaimed death benefits or to conduct audits of holders of unredeemed bond funds. Compensation of persons whose services may be employed pursuant to this section on a contingent fee basis shall be limited to twelve percent (12%) of the final assessment. (1979, 2nd Sess., c. 1311, s. 1; 1999-460, ss. 3(b), 5; 2012-152, s. 3; 2012-194, s. 61.5(a), (b); 2015-109, s. 1; 2020-48, s. 3.1(d).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 3 - Administration of Abandoned Property. › §§ 116B-27: Recodified as § 116B-5 by Session Laws 1999-460, s. 3(b).

§ 116B-27: Recodified as § 116B-5 by Session Laws 1999-460, s. 3(b).
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 3 - Administration of Abandoned Property. › §§ 116B-36: Recodified as § 116B-6 by Session Laws 1999-460, s. 3(b).

§ 116B-36: Recodified as § 116B-6 by Session Laws 1999-460, s. 3(b).
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 3 - Administration of Abandoned Property. › §§ 116B-37: Recodified as § 116B-7 by Session Laws 1999-460, s. 3(b).

§ 116B-37: Recodified as § 116B-7 by Session Laws 1999-460, s. 3(b).
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 3 - Administration of Abandoned Property. › §§ 116B-47: Recodified as § 116B-8 by Session Laws 1999-460, s. 3(b).

§ 116B-47: Recodified as § 116B-8 by Session Laws 1999-460, s. 3(b).
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-54 - Exclusion for forfeited reservation deposits, certain gift certificates or electronic gift cards, prepaid calling cards, certain manufactured home buyer deposits, certain credit balances, unclaimed lottery prizes, and certain merchandise credits.

§ 116B-54. Exclusion for forfeited reservation deposits, certain gift certificates or electronic gift cards, prepaid calling cards, certain manufactured home buyer deposits, certain credit balances, unclaimed lottery prizes, and certain merchandise credits.
(a) A forfeited reservation deposit is not abandoned property. For the purposes of this section, the term "reservation deposit" means an amount of money paid to a business association to guarantee that the business association holds a specific service, such as a room accommodation at a hotel, seating at a restaurant, or an appointment with a doctor, for a specified date and place. The term "reservation deposit" does not include an application fee, a utility deposit, or a deposit made toward the purchase of real property.
(b) A gift certificate or electronic gift card is not abandoned property when the gift certificate or electronic gift card:
(1) Conspicuously states that the gift certificate or electronic gift card does not expire;
(2) Bears no expiration date; or
(3) States that a date of expiration printed on the gift certificate or electronic gift card is not applicable in North Carolina.
(c) A prepaid calling card issued by a public utility as defined in G.S. 62-3(23)a.6. is not abandoned property.
(d) A buyer deposit that a dealer is authorized to retain under either G.S. 143-143.21A or G.S. 143-143.21B is not abandoned property and is not subject to this Article.
(e) Credit balances as shown on the records of a business association to or for the benefit of another business association, shall not constitute abandoned property. For purposes of this section, the term "credit balances" means items such as overpayments or underpayments on the sale of goods or services.
(f) A lottery prize that remains unclaimed after the period set by the North Carolina State Lottery Commission for claiming those prizes shall not constitute abandoned property.
(g) A card or certificate, whether paper, electronic, or other format, issued for a merchandise credit that meets the requirements of subsection (b) of this section is not abandoned property under G.S. 116B-53(c)(7). (1999-460, s. 6; 2005-276, s. 31.1(w1); 2005-344, s. 7; 2015-218, s. 4.5(a).)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-55 - Contents of safe deposit box or other safekeeping depository.

§ 116B-55. Contents of safe deposit box or other safekeeping depository.
(a) Contents of a safe deposit box or other safekeeping depository held by a financial organization is presumed abandoned if the apparent owner has not claimed the property within the period established by G.S. 53C-6-13 and shall be delivered to the Treasurer as provided by that section. If the contents include property described in G.S. 116B-53, the Treasurer shall hold the property for the remainder of the applicable period set forth in that section before the property is deemed to be received for purpose of sale under G.S. 116B-65.
(b) Notwithstanding any other provision of law in this Chapter or Chapter 53C of the General Statutes, the contents of a safe deposit box or other safekeeping depository shall not be delivered to the Treasurer if the Treasurer determines any of the following:
(1) The contents pose a potential public safety issue.
(2) The contents are specifically regulated by another agency or authority.
(3) The contents are illegal contraband.
(4) The contents do not have substantial commercial value.
(c) Each financial organization must complete, verify, and return a form prescribed by the Treasurer that provides identifying information for each item of property, including a good-faith estimated value. If the Treasurer determines that an item of property satisfies one or more of the factors listed in subsection (b) of this section, the Treasurer will either instruct the financial organization to place the property in the custody of the appropriate local, State or federal authority, or instruct the financial organization to destroy or otherwise dispose of the property. If property is delivered to the Treasurer and is later determined to satisfy one or more of the factors listed in subsection (b) of this section, the Treasurer shall deliver the property to the appropriate authority or instruct the appropriate authority to retrieve the property from the Treasurer or the Treasurer may destroy or otherwise store or dispose of the property.
(d) None of the following shall be liable for any loss due to the disposal of any materials identified under subsection (b) of this section unless the loss is due to intentional misconduct:
(1) The State, the Treasurer, or any officer, employee, or agent of the State or the Treasurer, acting in the person's individual and official capacity.
(2) A financial organization or any officer, employee, or agent of the financial organization. (1999-460, s. 6; 2012-56, s. 46; 2015-68, s. 1.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-56 - Rules for taking custody.

§ 116B-56. Rules for taking custody.
(a) Except as otherwise provided in this Chapter or by other statute of this State, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this State if:
(1) The last known address of the apparent owner, as shown on the records of the holder, is in this State;
(2) The records of the holder do not reflect the identity of the person entitled to the property, and it is established that the last known address of the person entitled to the property is in this State;
(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:
a. The last known address of the person entitled to the property is in this State; or
b. The holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property, and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;
(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country, and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State; or
(6) The property is a traveler's check or money order purchased in this State or the issuer of the traveler's check or money order has its principal place of business in this State and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
(b) In the case of an amount payable under the terms of an annuity or insurance policy, the last known address of the person entitled to the property is presumed to be the same as the last known address of the insured or the principal, as shown on the records of the insurance company, if:
(1) A person other than the insured or the principal is entitled to the property; and
(2) Either:
a. No address of the person is known to the insurance company; or
b. The records of the insurance company do not reflect the identity of the person. (1999-460, s. 6.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-57 - Dormancy charge; other lawful charges.

§ 116B-57. Dormancy charge; other lawful charges.
(a) A holder may deduct from property presumed abandoned a reasonable charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled.
(b) This Chapter does not prevent a holder from deducting from property presumed abandoned other lawful charges specifically authorized by statute or by a valid and enforceable contract. (1999-460, s. 6.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-58 - Burden of proof as to property evidenced by record of check or draft.

§ 116B-58. Burden of proof as to property evidenced by record of check or draft.
A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the Treasurer's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder. In asserting these affirmative defenses, a holder who is also the issuer may satisfy the holder's burden of proof by showing a written acknowledgement by the payee of a check, draft, or similar instrument that no obligation is owed the payee. (1999-460, s. 6.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-59 - Notice by holders to apparent owners.

§ 116B-59. Notice by holders to apparent owners.
(a) Repealed by Session Laws 2017-134, s. 2(a), effective October 1, 2017, and applicable to property presumed abandoned on or after that date.
(a1) A holder of property that is presumed abandoned and that is either (i) a security or other equity interest in a business association, including a security entitlement under Article 8 of Chapter 25 of the General Statutes, that is valued at twenty-five dollars ($25.00) or more or (ii) property, other than a security or other equity interest in a business association, including a security entitlement under Article 8 of Chapter 25 of the General Statutes, that is valued at fifty dollars ($50.00) or more shall send written notice by first-class mail to the apparent owner not more than 120 days or less than 60 days before filing the report required by G.S. 116B-60. The holder shall exercise reasonable care to ascertain that it is sending the written notice to the apparent owner's correct address. A holder may authorize a third party to perform the duties required by this subsection. Notwithstanding any third-party authorization, the holder bears responsibility for a failure to comply with this section.
(b) Repealed by Session Laws 2017-134, s. 2(a), effective October 1, 2017, and applicable to property presumed abandoned on or after that date.
(c) The written notice to apparent owners required under this section must contain all of the following:
(1) A statement that, according to the records of the holder, property is being held to which the addressee appears entitled and the amount or description of the property.
(2) The name, address, and contact information of the person holding the property and any necessary information regarding changes of name and address of the holder.
(3) A statement that, if satisfactory proof of claim is not presented by the owner to the holder by the following October 1 or, if the holder is an insurance company, by the following April 1, the property will be placed in the custody of the Treasurer, to whom all further claims shall be directed.
(4) A statement that, once property is placed in the custody of the Treasurer, all interest, dividends, income, and gains earned on the property will remain with the Treasurer, even if the owner subsequently reclaims the property from the Treasurer. (1979, 2nd Sess., c. 1311, s. 1; 1981, c. 531, ss. 4-6; 1993, c. 539, s. 898; c. 541, s. 5; 1994, Ex. Sess., c. 24, s. 14(c); 1999-460, s. 6; 2017-134, s. 2(a); 2023-88, s. 2.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-61 - Payment or delivery of abandoned property.

§ 116B-61. Payment or delivery of abandoned property.
(a) Upon filing the report required by G.S. 116B-60, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the Treasurer the property described in the report, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended to the next filing and delivery date at which a penalty or forfeiture would no longer result.
(b) If the property reported to the Treasurer is a security or security entitlement under Article 8 of Chapter 25 of the General Statutes, the Treasurer is an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with Article 8 of Chapter 25 of the General Statutes.
(c) If the holder of property reported to the Treasurer is the issuer of a certificated security, the Treasurer has the right to obtain a replacement certificate pursuant to G.S. 25-8-405, but an indemnity bond is not required.
(d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with G.S. 116B-63. (1979, 2nd Sess., c. 1311, s. 1; 1981, c. 531, s. 14; 1987, c. 163, s. 6; 1993, c. 541, s. 7; 1999-460, s. 6.)
2023 North Carolina General Statutes › Chapter 116B - Escheats and Abandoned Property › Article 4 - North Carolina Unclaimed Property Act. › § 116B-64 - Loss, income, or gain accruing after payment or delivery.

§ 116B-64. Loss, income, or gain accruing after payment or delivery.
If property other than money is delivered to the Treasurer under this Chapter, the owner is entitled to receive from the Treasurer any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property is interest-bearing or pays dividends, the interest or dividends shall be paid until the date on which the amount of the deposits, accounts, or funds, or the shares must be remitted or delivered to the Treasurer under G.S. 116B-61. Otherwise, when property is delivered or paid to the Treasurer, the Treasurer shall hold the property without liability for loss, income, or gain. (1979, 2nd Sess., c. 1311, s. 1; 1999-460, s. 6; 2020-48, s. 3.3.)