reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-383 - Inspectors and officers given enforcement authority.

§ 20-383. Inspectors and officers given enforcement authority.
Only designated inspectors, officers, and personnel of the Department of Public Safety shall have the authority to enforce the provisions of this Article and provisions of Chapter 62 applicable to motor transportation, and they are empowered to make complaint for the issue of appropriate warrants, information, presentments or other lawful process for the enforcement and prosecution of violations of the transportation laws against all offenders, whether they be regulated motor carriers or not, and to appear in court or before the North Carolina Utilities Commission and offer evidence at the trial pursuant to such processes. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g); 2012-78, s. 10.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-384 - Penalty for certain violations.

§ 20-384. Penalty for certain violations.
A motor carrier who fails to conduct a safety inspection of a vehicle as required by Part 396 of the federal safety regulations or who fails to mark a vehicle that has been inspected as required by that Part commits an infraction and, if found responsible, is liable for a penalty of up to fifty dollars ($50.00). (1985, c. 454, s. 1; 1985 (Reg. Sess., 1986), c. 1018, s. 13; 1993 (Reg. Sess., 1994), c. 754, s. 6; 1995 (Reg. Sess., 1996), c. 756, s. 27.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-385 - Fee schedule.

§ 20-385. Fee schedule.
(a) The fees listed in this section apply to a motor carrier. These fees are in addition to any fees required under the Unified Carrier Registration Agreement.
(1) Repealed by Session Laws 2007-492, s. 5, effective August 30, 2007.
(2) Application by an intrastate motor carrier for a
certificate of exemption 64.75
(3) Certification by an interstate motor carrier that it is
not regulated by the United States Department
of Transportation 64.75
(4) Application by an interstate motor carrier for an
emergency trip permit 24.75.
(b) Repealed by Session Laws 2007-492, s. 5, effective August 30, 2007. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 4; 1995 (Reg. Sess., 1996), c. 756, s. 28; 2005-276, s. 44.1(p); 2007-492, s. 5; 2015-241, s. 29.30(q).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-386 - Fees, charges and penalties; disposition.

§ 20-386. Fees, charges and penalties; disposition.
All fees and charges received by the Division under G.S. 20-385 shall be in addition to any other tax or fee provided by law and shall be placed in the Highway Fund. (1985, c. 454, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-387 - Motor carrier violating any provision of Article, rules or orders; penalty.

§ 20-387. Motor carrier violating any provision of Article, rules or orders; penalty.
Any motor carrier which violates any of the provisions of this Article or refuses to conform to or obey any rule, order or regulation of the Division or Department of Public Safety shall, in addition to the other penalties prescribed in this Article forfeit and pay a sum up to one thousand dollars ($1,000) for each offense, to be recovered in an action to be instituted in the Superior Court of Wake County, in the name of the State of North Carolina on the relation of the Department of Public Safety; and each day such motor carrier continues to violate any provision of this Article or continues to refuse to obey or perform any rule, order or regulation prescribed by the Division or Department of Public Safety shall be a separate offense. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-159, s. 31.5(b); 2002-190, s. 10; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-388 - Willful acts of employees deemed those of motor carrier.

§ 20-388. Willful acts of employees deemed those of motor carrier.
The willful act of any officer, agent, or employee of a motor carrier, acting within the scope of his official duties of employment, shall, for the purpose of this Article, be deemed to be the willful act of the motor carrier. (1985, c. 454, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-389 - Actions to recover penalties.

§ 20-389. Actions to recover penalties.
Except as otherwise provided in this Article, an action for the recovery of any penalty under this Article shall be instituted in Wake County, and shall be instituted in the name of the State of North Carolina on the relation of the Department of Public Safety against the person incurring such penalty; or whenever such action is upon the complaint of any injured person, it shall be instituted in the name of the State of North Carolina on the relation of the Department of Public Safety upon the complaint of such injured person against the person incurring such penalty. Such action may be instituted and prosecuted by the Attorney General, the District Attorney of the Wake County Superior Court, or the injured person. The procedure in such actions, the right of appeal and the rules regulating appeals shall be the same as provided by law in other civil actions. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-390 - Refusal to permit Department of Public Safety to inspect records made misdemeanor.

§ 20-390. Refusal to permit Department of Public Safety to inspect records made misdemeanor.
Any motor carrier, its officers or agents in charge thereof, that fails or refuses upon the written demand of the Department of Public Safety to permit its authorized representatives or employees to examine and inspect its books, records, accounts and documents, or its plant, property, or facilities, as provided for by law, shall be guilty of a Class 3 misdemeanor. Each day of such failure or refusal shall constitute a separate offense and each such offense shall be punishable only by a fine of not less than five hundred dollars ($500.00) and not more than five thousand dollars ($5,000). (1985, c. 454, s. 1; 1993, c. 539, s. 393; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-391 - Violating rules, with injury to others.

§ 20-391. Violating rules, with injury to others.
If any motor carrier doing business in this State by its agents or employees shall be guilty of the violations of the rules and regulations provided and prescribed by the Division or the Department of Public Safety, and if after due notice of such violation given to the principal officer thereof, if residing in the State, or, if not, to the manager or superintendent or secretary or treasurer if residing in the State, or, if not, then to any local agent thereof, ample and full recompense for the wrong or injury done thereby to any person as may be directed by the Division or Department of Public Safety shall not be made within 30 days from the time of such notice, such motor carrier shall incur a penalty for each offense of five hundred dollars ($500.00). (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 11; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-392 - Failure to make report; obstructing Division or Department of Public Safety.

§ 20-392. Failure to make report; obstructing Division or Department of Public Safety.
Every officer, agent or employee of any motor carrier, who shall willfully neglect or refuse to make and furnish any report required by the Division or Department of Public Safety for the purposes of this Article, or who shall willfully or unlawfully hinder, delay or obstruct the Division or Department of Public Safety in the discharge of the duties hereby imposed upon it, shall forfeit and pay five hundred dollars ($500.00) for each offense, to be recovered in an action in the name of the State. A delay of 10 days to make and furnish such report shall raise the presumption that the same was willful. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 12; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-393 - Disclosure of information by employee of Department of Public Safety unlawful.

§ 20-393. Disclosure of information by employee of Department of Public Safety unlawful.
It shall be unlawful for any agent or employee of the Department of Public Safety knowingly and willfully to divulge any fact or information which may come to his knowledge during the course of any examination or inspection made under authority of this Article, except to the Department of Public Safety or as may be directed by the Department of Public Safety or upon approval of a request to the Department of Public Safety by the Utilities Commission or by a court or judge thereof. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-394 - Remedies for injuries cumulative.

§ 20-394. Remedies for injuries cumulative.
The remedies given by this Article to persons injured shall be regarded as cumulative to the remedies otherwise provided by law against motor carriers. (1985, c. 454, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-395 - Willful injury to property of motor carrier a misdemeanor.

§ 20-395. Willful injury to property of motor carrier a misdemeanor.
If any person shall willfully do or cause to be done any act or acts whatever whereby any building, construction or work of any motor carrier, or any engine, machine or structure of any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, he shall be guilty of a Class 1 misdemeanor. (1985, c. 454, s. 1; 1993, c. 539, s. 394; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-396 - Unlawful motor carrier operations.

§ 20-396. Unlawful motor carrier operations.
(a) Any person, whether carrier, shipper, consignee, or any officer, employee, agent, or representative thereof, who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully seek to evade or defeat regulations as in this Article provided for motor carriers, shall be deemed guilty of a Class 3 misdemeanor and only punished by a fine of not more than five hundred dollars ($500.00) for the first offense and not more than two thousand dollars ($2,000) for any subsequent offense.
(b) Any motor carrier, or other person, or any officer, agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Division or Department of Public Safety as required by this Article, or other applicable law, or to make specific and full, true, and correct answer to any question within 30 days from the time it is lawfully required by the Division or Department of Public Safety so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Division or Department of Public Safety or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully neglect or fail to make true and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, or person required under this Article to keep the same, or shall knowingly and willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Division or Department of Public Safety with respect thereto, shall be deemed guilty of a Class 3 misdemeanor and be punished for each offense only by a fine of not more than five thousand dollars ($5,000). As used in this subsection the words "kept" and "keep" shall be construed to mean made, prepared or compiled as well as retained. (1985, c. 454, s. 1; 1993, c. 539, s. 395; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 31.5(b); 2002-190, s. 13; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-397 - Furnishing false information to the Department of Public Safety; withholding information from the Department of Public Safety.

§ 20-397. Furnishing false information to the Department of Public Safety; withholding information from the Department of Public Safety.
(a) Every person, firm or corporation operating under the jurisdiction of the Department of Public Safety or who is required by law to file reports with the Department of Public Safety who shall knowingly or willfully file or give false information to the Department of Public Safety in any report, reply, response, or other statement or document furnished to the Department of Public Safety shall be guilty of a Class 1 misdemeanor.
(b) Every person, firm, or corporation operating under the jurisdiction of the Department of Public Safety or who is required by law to file reports with the Department of Public Safety who shall willfully withhold clearly specified and reasonably obtainable information from the Department of Public Safety in any report, response, reply or statement filed with the Department of Public Safety in the performance of the duties of the Department of Public Safety or who shall fail or refuse to file any report, response, reply or statement required by the Department of Public Safety in the performance of the duties of the Department of Public Safety shall be guilty of a Class 1 misdemeanor. (1985, c. 454, s. 1; 1993, c. 539, s. 396; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-398 - Household goods carrier; marking or identification of vehicles.

§ 20-398. Household goods carrier; marking or identification of vehicles.
(a) No carrier shall operate or attempt to operate any motor vehicle upon a highway, public street, or public vehicular area within the State in the transportation of household goods for compensation unless the name or trade name and the North Carolina number assigned to the carrier by the North Carolina Utilities Commission appear on each side of the vehicle in letters and figures not less than three inches high. The North Carolina number assigned to the carrier shall also be placed on the rear left upper quadrant of the vehicle in letters and figures not less than three inches high. In case of a tractor-trailer unit, the side markings must be on the tractor and the rear markings must be on the trailer. The markings required may be printed on the vehicle or on durable placards securely fastened on the vehicle.
(b) Except as provided in subsection (b) of this section, the provisions of this section shall apply to every vehicle used by the carrier in his or her operation whether owned, rented, leased, or otherwise. However, if a vehicle is rented or leased, the words "Operated By" shall also appear above or preceding the name of the carrier, unless the vehicles are under permanent lease, in which case the name of the lessor and the words "Operated By" need not appear.
(c) The provisions of this section do not apply to carriers engaged only in interstate commerce. If the carrier is engaged in both interstate and intrastate commerce and is marked as required by the Federal Motor Carrier Safety Administration, then in that case, it will only be necessary for the carrier to print his or her North Carolina number in a conspicuous place near his or her name in letters and figures corresponding in size with Federal Motor Carrier Safety Administration regulations.
(d) Any person, whether carrier or any officer, employee, agent, or representative thereof, who violates this section shall be guilty of a Class 3 misdemeanor and punished only by a fine of not more than five hundred dollars ($500.00) for the first offense and not more than two thousand dollars ($2,000) for any subsequent offense.
(e) Notwithstanding the provisions of G.S. 20-383 to the contrary, any law enforcement officer with territorial jurisdiction is authorized to enforce the provisions of this section. (2011-244, s. 1; 2021-23, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 18 - Regulation of Fully Autonomous Vehicles. › § 20-400 - Definitions.

§ 20-400. Definitions.
The following definitions apply in this Article:
(1) Automated driving system. – The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is operating within a limited or unlimited operational design domain.
(2) Dynamic driving task. – All of the real-time operational and tactical control functions required to operate a motor vehicle in motion or which has the engine running, such as:
a. Lateral vehicle motion control via steering.
b. Longitudinal motion control via acceleration and deceleration.
c. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation.
d. Object and event response execution.
e. Maneuver planning.
f. Enhancing conspicuity via lighting, signaling, and gesturing.
(3) Fully autonomous vehicle. – A motor vehicle equipped with an automated driving system that will not at any time require an occupant to perform any portion of the dynamic driving task when the automated driving system is engaged. If equipment that allows an occupant to perform any portion of the dynamic driving task is installed, it must be stowed or made unusable in such a manner that an occupant cannot assume control of the vehicle when the automated driving system is engaged.
(4) Minimal risk condition. – An operating mode in which a fully autonomous vehicle with the automated driving system engaged achieves a reasonably safe state, bringing the vehicle to a complete stop, upon experiencing a failure of the automatic driving system that renders the vehicle unable to perform any portion of the dynamic driving task.
(5) Operator. – For the purposes of this Article, is a person as defined in G.S. 20-4.01. An operator does not include an occupant within a fully autonomous vehicle performing solely strategic driving functions.
(6) Operational design domain. – Specific conditions under which an automated driving system is limited to effectively operate, such as geographical limitations, roadway types, speed range, and environmental conditions.
(7) Strategic driving functions. – Control of navigational parameters such as trip scheduling or the selection of destinations and waypoints but does not include any portion of the dynamic driving task. (2017-166, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 18 - Regulation of Fully Autonomous Vehicles. › § 20-402 - Applicability to vehicles other than fully autonomous vehicles.

§ 20-402. Applicability to vehicles other than fully autonomous vehicles.
(a) Definitions. – As used in this section, a "request to intervene" means notification by a vehicle to the human operator that the operator should promptly begin or resume performance of part or all of the dynamic driving task.
(b) Applicability. – Operation of a motor vehicle equipped with an automated driving system capable of performing the entire dynamic driving task with the expectation that a human operator will respond appropriately to a request to intervene is lawful under this Chapter and subject to the provisions of this Chapter. (2017-166, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 18 - Regulation of Fully Autonomous Vehicles. › § 20-403 - Fully Autonomous Vehicle Committee.

§ 20-403. Fully Autonomous Vehicle Committee.
(a) Committee Established. – There is hereby created a Fully Autonomous Vehicle Committee within the Department of Transportation.
(b) Membership. – The following persons shall serve on the Committee:
(1) Secretary of Transportation, or the Secretary's designee.
(2) The Secretary of Commerce, or the Secretary's designee.
(3) The Commissioner of Insurance, or the Commissioner's designee.
(4) A representative of the Highway Patrol, designated by the Commander.
(5) A representative of the North Carolina Association of Chiefs of Police, designated by its Executive Director.
(6) A representative of the North Carolina Sheriffs' Association, designated by its President.
(7) A representative of the University of North Carolina Highway Safety Research Center, designated by the Director.
(8) At least two representatives from the autonomous vehicle industry, designated by the Secretary of Transportation.
(9) A representative of the Attorney General's Office, designated by the Attorney General, who is familiar with motor vehicle law.
(10) A representative of local law enforcement, designated by the Secretary of Transportation.
(11) A representative of the trucking industry, designated by the North Carolina Trucking Association.
(12) A planner from an urban area, designated by the North Carolina League of Municipalities.
(13) A planner from a rural area, designated by the North Carolina Association of County Commissioners.
(14) Two members of the North Carolina Senate, designated by the President Pro Tempore of the Senate.
(15) Two members of the North Carolina House of Representatives, designated by the Speaker of the House.
(c) Duties. – The Committee shall meet regularly, and at a minimum four times a year, to consider matters relevant to fully autonomous vehicle technology, review State motor vehicle law as they relate to the deployment of fully autonomous vehicles onto the State highway system and municipal streets, make recommendations concerning the testing of fully autonomous vehicles, identify and make recommendations for Department of Transportation traffic rules and ordinances, and make recommendations to the General Assembly on any needed changes to State law.
(d) Staff. – The Department of Transportation shall provide staff and meeting space, from reasonably available resources, to the Committee. (2017-166, s. 1.)
2023 North Carolina General Statutes › Chapter 21 - Bills of Lading › Article 5 - Criminal Offenses. › § 21-42 - Issuing false bills or violating Chapter made felony.

§ 21-42. Issuing false bills or violating Chapter made felony.
Any person who, knowingly or with intent to defraud, falsely makes, alters, forges, counterfeits, prints or photographs any bill of lading purporting to represent goods received for shipment in this State, or with intent utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading, knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed, or aids in making, altering, forging, counterfeiting, printing, or photographing, or uttering or publishing the same, or issues or aids in issuing or procuring the issue of, or negotiates or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter, or who, with intent to defraud, violates or fails to comply with, or aids in any violation of, or failure to comply with any provision of this Chapter, shall be guilty of a Class I felony. (1919, c. 65, s. 41; c. 290; C.S., s. 323; 1979, 2nd Sess., c. 1316, s. 23; 1981, c. 63; c. 179.)
2023 North Carolina General Statutes › Chapter 22 - Contracts Requiring Writing › § 22-1 - Contracts charging representative personally; promise to answer for debt of another.

§ 22-1. Contracts charging representative personally; promise to answer for debt of another.
No action shall be brought whereby to charge an executor, administrator or collector upon a special promise to answer damages out of his own estate or to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party charged therewith or some other person thereunto by him lawfully authorized. (29 Charles II, c. 3, s. 4; 1826, c. 10; R.C., c. 50, s. 15; Code, s. 1552; Rev., s. 974; C.S., s. 987.)
2023 North Carolina General Statutes › Chapter 22 - Contracts Requiring Writing › § 22-2 - Contract for sale of land; leases.

§ 22-2. Contract for sale of land; leases.
All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them, and all leases and contracts for leasing land for the purpose of digging for gold or other minerals, or for mining generally, of whatever duration; and all other leases and contracts for leasing lands exceeding in duration three years from the making thereof, shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized. (29 Charles II, c. 3, ss. 1, 2, 3; 1819, c. 1016, P.R.; 1844, c. 44; R.C., c. 50, s. 11; 1868, c. 156, ss. 2, 33; Code, ss. 1554, 1743; Rev., s. 976; C.S., s. 988.)
2023 North Carolina General Statutes › Chapter 22 - Contracts Requiring Writing › § 22-4 - Promise to revive debt of bankrupt.

§ 22-4. Promise to revive debt of bankrupt.
No promise to pay a debt discharged by any decree of a court of competent jurisdiction, in any proceeding in bankruptcy, shall be received in evidence unless such promise is in writing and signed by the party to be charged therewith. (1899, c. 57; Rev., s. 978; C.S., s. 990.)
2023 North Carolina General Statutes › Chapter 22 - Contracts Requiring Writing › § 22-5 - Commercial loan commitments.

§ 22-5. Commercial loan commitments.
No commercial loan commitment by a bank, savings and loan association, or credit union for a loan in excess of fifty thousand dollars ($50,000) shall be binding unless the commitment is in writing and signed by the party to be bound. As used in this section, the term "commercial loan commitment" means an offer, agreement, commitment, or contract to extend credit primarily for business or commercial purposes and does not include charge or credit card accounts, personal lines of credit, overdrafts, or any other consumer account. Offers, agreements, commitments, or contracts to extend credit primarily for aquaculture, agricultural, or farming purposes are specifically exempted from the provisions of this section. (1989, c. 678.)
2023 North Carolina General Statutes › Chapter 22A - Signatures › § 22A-1 - Use of a signature facsimile by a person with a disability.

§ 22A-1. Use of a signature facsimile by a person with a disability.
A person with a disability, as defined in G.S. 168A-3(7a), may use a registered signature facsimile as a proper mark of the person's legal signature. An example of the signature facsimile shall be registered by the person with a disability with the clerk of the superior court in the county where the person lives. The registered signature facsimile may be revoked at any time in writing by the person with a disability. (1973, c. 878; 1997-208, s. 1; 2009-570, s. 34.)
2023 North Carolina General Statutes › Chapter 22B - Contracts Against Public Policy › Article 1 - Invalid Agreements. › § 22B-2 - Contracts to improve real property.

§ 22B-2. Contracts to improve real property.
A provision in any contract, subcontract, or purchase order for the improvement of real property in this State, or the providing of materials therefor, is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process is located in another state. (1993, c. 294, s. 2.)
2023 North Carolina General Statutes › Chapter 22B - Contracts Against Public Policy › Article 1 - Invalid Agreements. › § 22B-3 - Contracts with forum selection provisions.

§ 22B-3. Contracts with forum selection provisions.
Except as otherwise provided in this section, any provision in a contract entered into in North Carolina that requires the prosecution of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state is against public policy and is void and unenforceable. This prohibition shall not apply to non-consumer loan transactions or to any action or arbitration of a dispute that is commenced in another state pursuant to a forum selection provision with the consent of all parties to the contract at the time that the dispute arises. (1993, c. 436, s. 2; 1995, c. 100, s. 1.)
2023 North Carolina General Statutes › Chapter 22B - Contracts Against Public Policy › Article 1 - Invalid Agreements. › § 22B-4 - Prohibition on contract provisions restricting whistle-blowing related to State Health Plan.

§ 22B-4. Prohibition on contract provisions restricting whistle-blowing related to State Health Plan.
A provision in any contract is void and against public policy if it prohibits an employee's or contractor's ability to report wrongdoing under G.S. 135-48.15 related to the State Health Plan. (2012-192, s. 2.)
2023 North Carolina General Statutes › Chapter 22B - Contracts Against Public Policy › Article 1 - Invalid Agreements. › § 22B-5 - Waiver of liens or claims as a condition of progress payment invalid.

§ 22B-5. Waiver of liens or claims as a condition of progress payment invalid.
(a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S. 22B-1(f)(5) purporting to require a promisor to submit a waiver or release of liens or claims as a condition of receiving interim or progress payments due from a promisee under a construction agreement or design professional agreement are void and unenforceable unless limited to the specific interim or progress payment actually received by the promisor in exchange for the lien waiver.
(b) This section does not apply to the following:
(1) Lien waivers or releases for final payments.
(2) Agreements to settle and compromise disputed claims after the claim has been identified by the claimant in writing regardless of whether the promisor has initiated a civil action or arbitration proceeding. (2022-1, s. 3(a).)
2023 North Carolina General Statutes › Chapter 22B - Contracts Against Public Policy › Article 2 - Jury Trial Waivers Unenforceable. › § 22B-10 - Contract provisions waiving jury trial unenforceable.

§ 22B-10. Contract provisions waiving jury trial unenforceable.
Any provision in a contract requiring a party to the contract to waive his right to a jury trial is unconscionable as a matter of law and the provision shall be unenforceable. This section does not prohibit parties from entering into agreements to arbitrate or engage in other forms of alternative dispute resolution. (1993, c. 463, s. 5; 1993 (Reg. Sess., 1994), c. 763, s. 2.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-1 - Definitions.

§ 22C-1. Definitions.
Unless the context otherwise requires in this Chapter:
(1) "Contractor" means a person who contracts with an owner to improve real property.
(2) "Improve" means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill or landscape any real property, or to construct driveways and private roadways, or to furnish materials, including trees and shrubbery, for any of such purposes, or to perform any labor upon such improvements, and shall also mean and include any design or other professional or skilled services furnished by architects, engineers, land surveyors and landscape architects registered under Chapters 83A, 89C or 89A of the General Statutes.
(3) "Improvement" means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and private roadways, on real property.
(4) An "owner" is a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. "Owner" includes successors in interest of the owner and agents of the owner acting within their authority.
(5) "Real property" means the real estate that is improved, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon.
(6) "Subcontractor" means any person who has contracted to furnish labor or materials to, or has performed labor for, a contractor or another subcontractor in connection with a contract to improve real property. (1987 (Reg. Sess., 1988), c. 946, s. 1.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-2 - Performance by subcontractor.

§ 22C-2. Performance by subcontractor.
Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with whom it contracts. Payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor to a subcontractor is not a condition precedent for payment to any other subcontractor, and an agreement to the contrary is unenforceable. (1987 (Reg. Sess., 1988), c. 946; 1991, c. 620.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-3 - Time of payment to subcontractors after contractor or other subcontractor has been paid.

§ 22C-3. Time of payment to subcontractors after contractor or other subcontractor has been paid.
When a subcontractor has performed in accordance with the provisions of his contract, the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract. (1987 (Reg. Sess., 1988), c. 946.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-4 - Conditions of payment.

§ 22C-4. Conditions of payment.
Nothing in this Chapter shall prevent the contractor, at the time of application and certification to the owner, from withholding such application and certification to the owner for payment to the subcontractor for: unsatisfactory job progress; defective construction not remedied; disputed work; third party claims filed or reasonable evidence that claim will be filed; failure of subcontractor to make timely payments for labor, equipment, and materials; damage to contractor or another subcontractor; reasonable evidence that subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by the owner. (1987 (Reg. Sess., 1988), c. 946.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-5 - Late payments to bear interest.

§ 22C-5. Late payments to bear interest.
Should any periodic or final payment to a subcontractor be delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the contractor or subcontractor shall pay his subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or a fraction thereof on such unpaid balance as may be due. (1987 (Reg. Sess., 1988), c. 946.)
2023 North Carolina General Statutes › Chapter 22C - Payments to Subcontractors › § 22C-6 - Applicability of this Chapter.

§ 22C-6. Applicability of this Chapter.
The provisions of this Chapter shall not be applicable to residential contractors as defined in G.S. 87 10(1a), or to improvements to real property intended for residential purposes which are exempted from the application of Chapter 83A of the General Statutes pursuant to G.S. 83A-13(c)(1), or to improvements to real property intended for residential purposes which consist of 12 or fewer residential units. (1987 (Reg. Sess., 1988), c. 946.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 3 - Trustee for Estate of Debtor Imprisoned for Crime. › § 23-18 - Persons who may apply for trustee for imprisoned debtor.

§ 23-18. Persons who may apply for trustee for imprisoned debtor.
When any debtor is imprisoned in the penitentiary for any term, or in a county jail for any term more than 12 months, application by petition may be made by any creditor, the debtor, or by his or her spouse, or any of his or her relatives, for the appointment of a trustee to take charge of the estate of such debtor. (1868-9, c. 162, s. 40; Code, s. 2974; Rev., s. 1943; C.S., s. 1626; 1977, c. 549.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 3 - Trustee for Estate of Debtor Imprisoned for Crime. › § 23-19 - Superior court appoints; copy of sentence to be produced.

§ 23-19. Superior court appoints; copy of sentence to be produced.
The application must be made to the superior court of the county where the debtor was convicted, and upon producing a copy of the sentence of such debtor, duly certified by the clerk of the court, together with an affidavit of the applicant that such debtor is actually imprisoned under such sentence, and is indebted in any sum, the clerk or the judge may immediately appoint a trustee of the estate of such debtor. (1868-9, c. 162, ss. 41, 42; Code, s. 2975; Rev., s. 1944; C.S., s. 1627.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 3 - Trustee for Estate of Debtor Imprisoned for Crime. › § 23-20 - Duties of trustee; accounting; oath.

§ 23-20. Duties of trustee; accounting; oath.
The trustee of the imprisoned debtor shall pay his debts pro rata. After paying such debts, the trustee shall apply the surplus, from time to time, to the support of the wife and children of the debtor, under the direction of the superior court. When the imprisoned debtor is lawfully discharged from his imprisonment, the trustee shall deliver to him all the estate, real and personal, of such debtor, after retaining a sufficient sum to satisfy the expenses incurred in the execution of the trust and lawful commissions therefor. The trustee shall make his returns and have his accounts audited and settled by the clerk of the superior court of the county where the proceeding was had, in like manner as provided for personal representatives. Before proceeding to the discharge of his duty, the trustee shall take and subscribe an oath, well and truly to execute his trust according to his best skill and understanding. The oath must be filed with the clerk of the superior court. (1868-9, c. 162, ss. 43, 45, 46; Code, ss. 2976, 2978, 2979; Rev., ss. 1945, 1946, 1947; C.S., s. 1628.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 3 - Trustee for Estate of Debtor Imprisoned for Crime. › § 23-21 - Court may appoint several trustees.

§ 23-21. Court may appoint several trustees.
The court has power, when deemed necessary, to appoint more than one person trustee under this chapter; but in reference to the rights, authorities and duties conferred herein, all such trustees shall be deemed one person in law. (1868-9, c. 162, s. 47; Code, s. 2980; Rev., s. 1948; C.S., s. 1629.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 3 - Trustee for Estate of Debtor Imprisoned for Crime. › § 23-22 - Court may remove trustee and appoint successor.

§ 23-22. Court may remove trustee and appoint successor.
In case of the death, removal, resignation or other disability of a trustee, the court making the appointment may from time to time supply the vacancy; and all proceedings may be continued by the successor in office in like manner as in the first instance. (1868-9, c. 162, s. 48; Code, s. 2981; Rev., s. 1949; C.S., s. 1630.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-23 - Insolvent debtor's oath.

§ 23-23. Insolvent debtor's oath.
Prisoners in order to be entitled to discharge from imprisonment under the provisions of this article shall take the following oath:
I, ______________, do solemnly swear (or affirm) that I have not the worth of fifty dollars in any worldly substance, in debts, money or otherwise whatsoever, and that I have not at any time since my imprisonment or before, directly or indirectly, sold or assigned, or otherwise disposed of, or made over in trust for myself or my family, any part of my real or personal estate, whereby to have or expect any benefit, or to defraud any of my creditors: so help me, God. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830, c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868-9, c. 162, s. 31; 1881, c. 76; Code, s. 2972; Rev., s. 1918a; C.S., s. 1631.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-24 - Persons imprisoned for nonpayment of costs in criminal cases.

§ 23-24. Persons imprisoned for nonpayment of costs in criminal cases.
The following persons may be discharged from imprisonment upon complying with this article and G.S. 153-194:
Every person committed for the fine and costs of any criminal prosecution. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830, c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868-9, c. 162, s. 26; Code, s. 2967; Rev., s. 1915; C.S., s. 1632; 1933, c. 228, s. 9.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-25 - Petition; before whom; notice; service.

§ 23-25. Petition; before whom; notice; service.
Every such person, having remained in prison for 20 days, may apply by petition to the court where the judgment against him was entered, praying to be brought before such court at a time and place to be named in the petition, and to be discharged upon taking the oath hereinbefore prescribed. The applicant shall cause 10 days' notice of the time and place of filing the petition to be served on the sheriff or other officer by whom he was committed. In cases of conviction before a magistrate the clerk of the superior court of the county where the convicted person confined for costs is, may administer the oath and discharge the prisoner. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830, c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868-9, c. 162, ss. 27, 28; 1873-4, c. 90; 1874-5, c. 11; Code, ss. 2968, 2969; 1891, c. 195; Rev., s. 1916; C.S., s. 1633; 1971, c. 1190, s. 1.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-26 - Warrant issued for prisoner.

§ 23-26. Warrant issued for prisoner.
The clerk of the superior court before whom such petition is presented shall forthwith issue a warrant to the sheriff, or keeper of the prison, requiring him to bring the prisoner before the court, at the time and place named for the hearing of the case, which warrant every such sheriff or keeper shall obey. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830, c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868-9, c. 162, s. 29; Code, s. 2970; Rev., s. 1917; C.S., s. 1634; 1971, c. 1190, s. 2.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-27 - Proceeding on application.

§ 23-27. Proceeding on application.
At the hearing of the petition, if the prisoner has no visible estate, and takes and subscribes the oath or affirmation prescribed in this Article, the clerk of the superior court before whom he is brought, shall administer the oath or affirmation to him, and discharge him from imprisonment, of which an entry shall be made in the docket of the court. (1773, c. 100, s. 1, P.R.; 1808, c. 746, s. 2, P.R.; 1810, cc. 797, 802, P.R.; 1830, c. 33; 1838, c. 23; 1840, cc. 33, 34; 1852, c. 49; R.C., c. 59, s. 1; 1868-9, c. 162, s. 30; Code, s. 2971; Rev., s. 1918; C.S., s. 1635; 1971, c. 1190, s. 3.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-28 - Suggestion of fraud.

§ 23-28. Suggestion of fraud.
The chairman of the board of commissioners, and every officer interested in the fee bill taxed against such prisoner, may oppose his taking the insolvent debtor's oath above prescribed, and file particulars of the suggestion in writing, in the court where the same shall stand for trial as prescribed in this chapter in other cases of fraud or concealment. (1868-9, c. 162, s. 32; Code, s. 2973; Rev., s. 1919; C.S., s. 1636.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-29 - Persons taken in arrest and bail proceedings, or in execution.

§ 23-29. Persons taken in arrest and bail proceedings, or in execution.
The following persons also are entitled to the benefit of this article as hereinafter provided:
(1) Every person taken or charged on any order of arrest for default of bail, or on surrender of bail in any action.
(2) Every person taken or charged in execution of arrest for any debt or damages rendered in any action whatever. (1868-9, c. 162, s. 10; Code, s. 2951; Rev., s. 1920; C.S., s. 1637; 1967, c. 24, s. 5; c. 1078.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-30 - When petition may be filed.

§ 23-30. When petition may be filed.
Every person taken or charged as in the preceding section [§ 23-29] specified may, at any time after his arrest or imprisonment, petition the court from which the process issued on which he is arrested or imprisoned, for his discharge therefrom, on his compliance with this chapter. (R.C., c. 59, s. 3; 1868-9, c. 162, s. 11; Code, s. 2952; Rev., s. 1921; C.S., s. 1638.)
2023 North Carolina General Statutes › Chapter 23 - Debtor and Creditor › Article 4 - Discharge of Insolvent Debtors. › § 23-30.1 - Provisional release.

§ 23-30.1. Provisional release.
Every person who has filed a petition under the provisions of G.S. 23-30 shall be brought before a judge within 72 hours after filing the petition and shall be provisionally released from imprisonment unless a hearing shall be held and the creditor shall establish that the prisoner has fraudulently concealed assets. If, at the time he is brought before a judge, the prisoner makes a showing of indigency, counsel shall be appointed for the prisoner in accordance with rules adopted by the Office of Indigent Defense Services. A provisional release under this section shall not constitute a discharge of the debtor, and the creditor may oppose the discharge by suggesting fraud even if he has unsuccessfully attempted to oppose the provisional release on the basis of fraudulent concealment. The debtor may be provisionally released even though actual service upon the creditor has not been accomplished if 72 hours has passed since the debtor delivered the notice to the sheriff for service upon the creditor. (1977, c. 649, s. 5; 2000-144, s. 32; 2001-487, s. 13.)