reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-363 - Supplementary agreements.

§ 122C-363. Supplementary agreements.
The Compact Administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the Compact. In the event that these supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall be effective until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of this service. (1959, c. 1003, s. 3; 1963, c. 1184, s. 12; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-364 - Financial arrangements.

§ 122C-364. Financial arrangements.
The Compact Administrator, with the approval of the Director of the Budget, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the Compact or by any supplementary agreement entered into under it. (1959, c. 1003, s. 4; 1963, c. 1184, s. 12; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-365 - Transfer of clients.

§ 122C-365. Transfer of clients.
The Compact Administrator is directed to consult with the immediate family or legally responsible person of any proposed transferee. (1959, c. 1003, s. 5; 1963, c. 1184, ss. 12, 38; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-366 - Transmittal of copies of Part.

§ 122C-366. Transmittal of copies of Part.
Copies of this Part shall, upon its approval, be transmitted by the Compact Administrator to the governor of each state, the attorney general of each state, the Administrator of General Services of the United States, and the Council of State Governments. (1959, c. 1003, s. 6; 1963, c. 1184, s. 12; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-401 - Use of Camp Butner Hospital authorized.

§ 122C-401. Use of Camp Butner Hospital authorized.
The State may use the Camp Butner Hospital, including buildings, equipment, and land necessary for the operation of modern up-to-date facilities for the care and treatment of citizens of this State. (1947, c. 789, s. 2; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-402 - Application of State highway and motor vehicle laws at State institutions on Camp Butner reservation.

§ 122C-402. Application of State highway and motor vehicle laws at State institutions on Camp Butner reservation.
The provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles thereon are made applicable to the streets, alleys, and driveways on the Camp Butner reservation that are on the grounds of any State facility or any State institution operated by the Department or by the Division of Prisons of the Department of Adult Correction. Any person violating any of the provisions of Chapter 20 of the General Statutes in or on these streets, alleys, or driveways shall upon conviction be punished as prescribed in that Chapter. This section does not interfere with the ownership and control of the streets, alleys, and driveways on the grounds as is now vested by law in the Department. (1949, c. 71, s. 2; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(qqqqq); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-405 - Procedure applicable to rules.

§ 122C-405. Procedure applicable to rules.
Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same subject, shall be subject to review in the manner provided for a city ordinance adopted on the same subject, and shall be enforceable in accordance with the procedures for enforcing a city ordinance on the same subject. Violation of a rule adopted under this Article is punishable as provided in G.S. 122C-406.
Rules adopted under this Article may apply to part or all of the Camp Butner Reservation, except those areas within the municipal boundaries of the Town of Butner and that portion of the Town of Butner's extraterritorial jurisdiction consisting of lands not owned by the State of North Carolina. If a public hearing is required before the adoption of a rule, Advisory the Secretary shall designate one or more employees of the Department to conduct the hearing. The Butner Town Council shall receive at least 14 days' advance written notice of any public hearing with all correspondence concerning such public hearings to be directed to the mayor of the Town of Butner and sent by certified mail, return receipt requested, or equivalent delivery service to Butner Town Hall. (1949, c. 71, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1981, c. 614, s. 6; 1985, c. 589, s. 2; 1987, c. 536, s. 4; c. 720, s. 3; 1995 (Reg. Sess., 1996), c. 667, s. 5; 1997-59, s. 6; 1999-140, s. 5; 2007-269, s. 5.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-406 - Violations made misdemeanor.

§ 122C-406. Violations made misdemeanor.
A person who violates an ordinance or rule adopted under this Part is guilty of a Class 3 misdemeanor. (1949, c. 71, s. 5; 1985, c. 589, s. 2; 1993, c. 539, s. 927; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-407 - Water and sewer system.

§ 122C-407. Water and sewer system.
(a) The Department may acquire, construct, establish, enlarge, maintain, operate, and contract for the operation of a water supply and distribution system and a sewage collection and disposal system for the Camp Butner Reservation, and may enter into such contracts, memoranda of understanding, and other agreements with other persons or entities, including, but not limited to, local governments, authorities, and private enterprises, reasonably necessary to extend or otherwise provide water and sewer service to any portion of the Camp Butner Reservation.
(b) Those things authorized by subsection (a) of this section may be operated for the benefit of persons and property within the Camp Butner reservation and areas outside the reservation within reasonable limitations specifically including any sanitary district, water and sewer authority, county water and sewer district, or municipality in Durham or Granville Counties.
(c) The Secretary may fix and enforce water and sewer rates and charges in accordance with G.S. 160A-314 as if it were a city. (1985, c. 589, s. 2; 2007-269, s. 6.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-409 - Community of Butner comprehensive emergency management plan.

§ 122C-409. Community of Butner comprehensive emergency management plan.
The Department of Public Safety shall establish an emergency management agency as defined in G.S. 166A-19.3(9) for the Camp Butner Reservation, and the Town of Butner. (1985, c. 589, s. 2; 2007-269, s. 8; 2011-145, s. 19.1(g); 2012-12, s. 2(r).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-421 - Joint security force.

§ 122C-421. Joint security force.
(a) The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Black Mountain Center and the Julian F. Keith Alcohol and Drug Abuse Treatment Center in Buncombe County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named centers. These special police officers may arrest persons outside the territory of the named centers but within the confines of Buncombe County when the person arrested has committed a criminal offense within that territory, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.
(b) These special police officers may exercise any and all of the powers enumerated in this Part upon or in pursuit from the property formerly occupied by the Black Mountain Center and now occupied by the Department of Adult Correction. These special police officers shall exercise said powers upon the property transferred to the Department of Adult Correction only by agreement of the Department of Adult Correction and the Department of Health and Human Services.
(c) Upon assignment by the Secretary, or Secretary's designee, to any State-operated facility pursuant to G.S. 122C-183, these special police officers may exercise the same power enumerated in this Part within the territory of the named facility and within the county in which the facility is located. (1983 (Reg. Sess., 1984), c. 1116, s. 30; 1985, c. 408, ss. 3, 5; c. 589, s. 2; 1995, c. 391, s. 3; 1997-320, s. 2; 1997-443, s. 11A.118(a); 1998-202, s. 13(gg); 2011-145, s. 19.1(h); 2017-186, s. 2(rrrrr); 2019-240, s. 19(b); 2021-180, s. 19C.9(qqq).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-430 - Joint security force.

§ 122C-430. Joint security force.
(a) The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Broughton Hospital, Western Regional Vocational Rehabilitation Facility, J. Iverson Riddle Developmental Center, and the surrounding grounds and land adjacent to Broughton Hospital allocated to the Department of Agriculture and Consumer Services, all in Burke County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named facilities. These special police officers may arrest persons outside the territory of the named institutions but within the confines of Burke County when the person arrested has committed a criminal offense within that territory for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.
(b) Upon assignment by the Secretary, or Secretary's designee, to any State-operated facility pursuant to G.S. 122C-183, these special police officers may exercise the same power enumerated in this Part within the territory of the named facility and within the county in which the facility is located. (1997-320, s. 1; 2007-177, s. 3; 2008-187, s. 30; 2019-240, s. 19(c).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-430.10 - Joint security force.

§ 122C-430.10. Joint security force.
(a) The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Cherry Hospital and the O'Berry Neuro-Medical Treatment Center in Wayne County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory of the Cherry Hospital. These special police officers shall also have the power prescribed by G.S. 122C-205 outside the territory of the Cherry Hospital and the O'Berry Neuro-Medical Treatment Center but within the confines of Wayne County. These special police officers may arrest persons outside the territory of the Cherry Hospital but within the confines of Wayne County, when the person arrested has committed a criminal offense within the territory of the Cherry Hospital and the O'Berry Neuro-Medical Treatment Center, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.
(b) Upon assignment by the Secretary, or Secretary's designee, to any State-operated facility pursuant to G.S. 122C-183, these special police officers may exercise the same power enumerated in this Part within the territory of the named facility and within the county in which the facility is located. (2001-125, s. 1; 2019-240, s. 19(d).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-430.30 - Joint security force.

§ 122C-430.30. Joint security force.
(a) The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Long Leaf Neuro-Medical Treatment Center in Wilson County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the Long Leaf Neuro-Medical Treatment Center. These special police officers may arrest persons outside the territory of the Long Leaf Neuro-Medical Treatment Center, but within the confines of Wilson County when the person arrested has committed a criminal offense within that territory for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.
(b) These special police officers may exercise any and all of the powers enumerated in this Part upon the property of, or in pursuit from, the Eastern North Carolina School for the Deaf only by agreement of the Department of Public Instruction and the Department of Health and Human Services.
(c) Upon assignment by the Secretary, or Secretary's designee, to any State-operated facility pursuant to G.S. 122C-183, these special police officers may exercise the same power enumerated in this Part within the territory of the named facility and within the county in which the facility is located. (2009-315, s. 3; 2019-240, s. 19(f).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-431 - North Carolina Alcoholism Research Authority created.

§ 122C-431. North Carolina Alcoholism Research Authority created.
(a) The North Carolina Alcoholism Research Authority is created and shall consist of and be governed by a nine-member board to be appointed by the Governor. Three of the members shall be appointed for a two-year term, three shall be appointed for a four-year term and three shall be appointed for a six-year term; thereafter all appointments shall be for terms of six years. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term.
(b) The board shall elect one of its members as chairman and one as vice-chairman. The director of the Center for Alcohol Studies of The University of North Carolina at Chapel Hill shall serve ex officio as executive secretary to the Authority. Board members shall receive the same per diem, subsistence, and travel allowances as members of similar State boards and commissions, provided funds are available in the "Alcoholism Research Fund" for this purpose. (1973, c. 682, ss. 1, 2; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-432 - Authorized to receive and spend funds.

§ 122C-432. Authorized to receive and spend funds.
The Authority may receive funds from State, federal, private, or other sources. These funds shall be held separately and designated as the "Alcoholism Research Fund". The Authority shall spend the Fund on research as to the causes and effects of alcohol abuse and alcoholism and for the training of alcohol research personnel. Expenditures for the purposes specified in this section shall be made as grants to nonprofit corporations, organizations, agencies, or institutions engaging in such research or training. The Authority may also pay necessary administrative expenses from the Fund. (1973, c. 682, s. 3; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-433 - Applications for grants; promulgation of rules.

§ 122C-433. Applications for grants; promulgation of rules.
(a) Applications for grants are processed by the Center for Alcohol Studies. All applications shall be reviewed by scientific consultants to the Center; and the Center, after review and study, shall make recommendations to the Authority as to the awarding of grants. The Center shall also furnish to the Authority clerical assistance as may be required.
(b) The Authority shall adopt rules relative to applications for grants, the reviewing of grants and awarding of grants. (1973, c. 682, ss. 4, 5; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-450 - Definitions.

§ 122C-450. Definitions.
The following definitions apply in this Part:
(1) "Educational services" means appropriate education-related assessment and instruction provided to any child residing in a private psychiatric residential treatment facility, including special education and related services to a child with a disability as defined in G.S. 115C-106.3(1). An education-related assessment includes the determination of need for special education and related services.
(2) "Nonpublic Exceptional Children's Program" means a facility-based school that meets all of the following criteria:
a. Provides at least one teacher for every 14 students. The PRTF shall report exceptions to this requirement to (i) the Division of Mental Health, Developmental Disabilities, and Substance Use Services (MH/DD/SUS) to request additional funding for educational services as provided under G.S. 122C-451(d) to the extent that funds are available and, if funds are not available, (ii) the Department of Public Instruction to request a waiver from this requirement.
b. Provides at least one teacher with a North Carolina Professional Educator license in special education, if there is a child with a disability as defined in G.S. 115C-106.3(1) residing in the PRTF.
c. Registers with the Department of Administration, Division of Nonpublic Schools, under Article 39 of Chapter 115C of the General Statutes.
d. Has been approved by the Department of Public Instruction to provide educational services as promulgated by the rules adopted by the State Board of Education pursuant to the Administrative Procedures Act.
(3) "Private psychiatric residential treatment facility" (PRTF) means a facility, other than a hospital, that provides psychiatric and other behavioral health services as described in Subpart D of C.F.R. Part 441 of Chapter 42 to individuals under age 21 in an inpatient setting licensed by the Department of Health and Human Services as provided under Chapter 122C of the General Statutes. A PRTF does not include a State-operated facility. (2014-100, s. 8.39(e); 2023-65, ss. 5.2(b), (c).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-452 - Information sharing.

§ 122C-452. Information sharing.
(a) Within three business days of admitting a child into a PRTF, the admitting PRTF shall notify (i) the Department of Public Instruction and (ii) the local school administrative unit in which the child was last enrolled, if known. The PRTF shall request a copy of the child's most current Individualized Education Program and any other available documents related to the provision of appropriate educational services from the local school administrative unit. To the extent practicable, the local school administrative unit shall provide this information within three business days of receiving a request made pursuant to this subsection. Upon withdrawal or discharge of a child, the PRTF shall notify the Department of Public Instruction within three business days of such withdrawal or discharge.
(b) The PRTF and the receiving local school administrative unit shall work together to develop a transition plan, including a revised Individualized Education Program, if necessary, to be implemented upon discharge of the child residing in a PRTF. (2014-100, s. 8.39(e).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-453 - Technical assistance and monitoring.

§ 122C-453. Technical assistance and monitoring.
The State Board of Education and the Department of Public Instruction shall (i) offer training to PRTFs on compliance with special education laws and regulations, (ii) maintain a current list of names of children residing in PRTFs along with the name and contact information of the PRTF in which each child resides, and (iii) develop and implement rules to monitor the delivery of educational services in PRTFs, including a process to inform the Department of Health and Human Services when services are not being provided. The Department of Health and Human Services shall appropriately enforce applicable licensing requirements as provided under G.S. 122C-23.1. (2014-100, s. 8.39(e).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-454 - Reporting requirement.

§ 122C-454. Reporting requirement.
The Department of Health and Human Services and the Department of Public Instruction, in collaboration with other interested agencies, shall submit, by January 15 of each year, a joint report to the Joint Legislative Education Oversight Committee and to the Joint Legislative Oversight Committee on Health and Human Services on the delivery of educational services in PRTFs, including (i) the annual number of children by age residing in a PRTF both with and without an Individualized Education Program, (ii) the average length of stay of these children, (iii) the types of educational services, including number of hours each type of service has been provided, (iv) the costs and outcomes of providing educational services, and (v) recommendations for improving the efficiency and effectiveness of delivering educational services to children residing in PRTFs. (2014-100, s. 8.39(e).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-465 - Definitions.

§ 122C-465. Definitions.
As used in this Part, the following definitions apply:
(1) Authorized medical professional. – A doctor of medicine, nurse practitioner, physician assistant, or doctor of osteopathy licensed to practice in this State.
(2) Hyperbaric oxygen therapy treatment. – Treatment with a valid prescription from an authorized medical professional in either a hyperbaric chamber approved by the United States Food and Drug Administration (FDA), or a device with an appropriate FDA-approved investigational device exemption.
(3) Veteran. – A person who served on active duty, other than for training, in any component of the Armed Forces of the United States for a period of 180 days or more, unless released earlier because of service-connected disability, and who was discharged or released from the Armed Forces of the United States under other than dishonorable conditions. (2019-175, s. 2(b).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 6 - Special Provisions. › § 122C-466 - Hyperbaric oxygen therapy treatment authorized.

§ 122C-466. Hyperbaric oxygen therapy treatment authorized.
(a) No person other than an authorized medical professional shall prescribe hyperbaric oxygen therapy treatment to a veteran for the treatment of traumatic brain injury or posttraumatic stress disorder. Any authorized medical professional who prescribes hyperbaric oxygen therapy treatment to a veteran for traumatic brain injury or posttraumatic stress disorder shall do so in a manner that complies with the standard approved treatment protocols for this therapy.
(b) Any veteran residing in North Carolina who has been diagnosed with a traumatic brain injury or posttraumatic stress disorder by an authorized medical professional may receive hyperbaric oxygen therapy treatment in this State. (2019-175, s. 2(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-1 - Short title.

§ 122D-1. Short title.
This chapter shall be known and may be cited as the "North Carolina Agricultural Finance Act." (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-2 - Legislative findings and purposes.

§ 122D-2. Legislative findings and purposes.
(a) The General Assembly hereby finds and declares that there exists in the State of North Carolina a serious shortage of capital and credit available for investment in agriculture, for domestic and export purposes, at interest rates within the financial means of persons engaged in agricultural production and agricultural exports. This shortage of available capital and credit is severe throughout the State, has persisted for a number of years, and constitutes a grave threat to the agricultural industry and to the health, welfare, safety and prosperity of all residents of the State.
(b) The General Assembly hereby finds and declares further that private enterprise and existing federal and state governmental programs have not adequately alleviated the severe shortage of capital and credit available at affordable interest rates for investment in agriculture.
(c) The General Assembly hereby finds and declares that it is a matter of grave public necessity that the North Carolina Agricultural Finance Authority be created and empowered to alleviate the severe shortage of capital and credit available at affordable interest rates for investment in agriculture and for the export of agricultural products, commodities and services by providing such capital and credit at interest rates within the financial means of persons and businesses engaged in agriculture and agricultural exports. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-3 - Definitions.

§ 122D-3. Definitions.
As used in this Chapter, the following terms, unless the context clearly indicates a different meaning, shall have the following meanings:
(1) "Agricultural Loan" means a loan made by a lending institution or by the Authority to any person for the purpose of financing or refinancing land acquisition or improvement; soil conservation; irrigation; construction, renovation or expansion of buildings and facilities; purchase of farm fixtures, livestock, poultry, and fish of any kind; seeds; fertilizers; pesticides; feeds; machinery; equipment; containers or supplies or any other products employed in the production, cultivation, harvesting, storage, marketing, distribution or export of agricultural products.
(2) "Agriculture" means the commercial production, storage, processing, marketing, distribution or export of any agronomic, floricultural, horticultural, viticultural, silvicultural or aquacultural crop including, but not limited to, farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products.
(3) "Authority" means the North Carolina Agricultural Finance Authority created by this Chapter.
(4) "Bonds" or "notes" means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or evidences of indebtedness authorized to be issued by the Authority pursuant to the provisions of this Chapter.
(5) "Commissioner" means the North Carolina Commissioner of Agriculture.
(6) "Department" means the North Carolina Department of Agriculture and Consumer Services.
(7) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(8) "Lending institution" means any bank, bank or trust company, federal land bank, production credit association, bank for cooperatives, building and loan association, homestead, insurance company, investment banker, mortgage banker or company, pension or retirement fund, savings bank or savings and loan association, small business investment company, credit union, the federal government or any other financial institution authorized to do business in North Carolina or operating under the supervision of any federal agency or any corporation organized or operating pursuant to Section 25 of the Federal Reserve Act.
(9) "Persons" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust or any other business unit or entity, including any state or federal agency.
(10) "State" means the State of North Carolina or any agency or instrumentality thereof. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1987, c. 112, s. 3; 1989 (Reg. Sess., 1990), c. 1074, s. 32(b); 1997-261, s. 85.)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-5 - Officers and employees; administration of Chapter.

§ 122D-5. Officers and employees; administration of Chapter.
(a) The Authority shall annually elect a chairman and vice-chairman from its members.
(b) The Authority may appoint an Executive Director. The salary of the Executive Director shall be set by the General Assembly in the Current Operations Appropriations Act.
(c) The Executive Director shall administer and enforce this Chapter in accordance with rules promulgated by the Authority. The Executive Director may employ such personnel as may be necessary to administer and enforce the provisions of this Chapter, subject to the approval of the Authority. All employees other than the Executive Director shall be compensated in accordance with the salary schedules adopted pursuant to the North Carolina Human Resources Act. All employees shall be under the supervision of the Executive Director.
(d) The Authority may employ legal, financial and technical experts and consultants as it deems necessary on a contractual basis. (1983, c. 789, s. 1; 1985, c. 583, s. 2; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b); 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-7 - Purchases and sales of agricultural loans.

§ 122D-7. Purchases and sales of agricultural loans.
The Authority may purchase or contract to purchase and sell or contract to sell agricultural loans made by lending institutions. All lending institutions are hereby authorized to purchase and sell agricultural loans to the Authority in accordance with the provisions of this Chapter and the rules and regulations of the Authority. To the extent that any provisions of this section may be inconsistent with any provision of law governing lending institutions, the provisions of this section shall control. (1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-8 - Loans to and deposits with lending institutions.

§ 122D-8. Loans to and deposits with lending institutions.
The Authority may make, or contract to make, loans to and deposits with lending institutions. All lending institutions may borrow funds and accept deposits from the Authority in accordance with the provisions of this Chapter and the rules and regulations of the Authority. The Authority shall require that all proceeds of its loans to or deposits with lending institutions, or an equivalent amount, shall be used by such lending institutions to make agricultural loans, subject to such terms and conditions as the Authority may prescribe. To the extent that any provisions of this section may be inconsistent with any provision of the law governing lending institutions, the provisions of this section shall control. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-9 - Insurance of agricultural loans.

§ 122D-9. Insurance of agricultural loans.
(a) The Authority may insure and reinsure agricultural loans made by lending institutions, subject to the terms, conditions, limitations, collateral and security provisions, and reserve requirements as shall be determined by the Authority in accordance with the rules adopted by the Authority.
(b) Unless otherwise determined by the Authority, insurance of agricultural loans shall be in the amount of one hundred percent (100%) of the unpaid principal and interest on each loan.
(c) An insured agricultural loan shall be in default when the holder of such loan makes application to the Authority for payment of insurance on such loan stating that such loan is in default in accordance with the terms of any agreement with respect to such insurance executed pursuant to this section.
(d) The Authority may enter into agreements with any person, lending institution or holder of an insured agricultural loan upon such terms as may be agreed upon between the Authority and such person, lending institution, or holder, to provide for the administration, applications therefor, repayment thereof, and to establish the conditions for payment of insurance by the Authority, and the servicing, suit upon, or foreclosure of insured agricultural loans.
(e) The aggregate value of all agricultural loans insured by the Authority and outstanding at any one time shall not exceed 20 times the total value of funds, investments, properties and other assets of the Authority except that this insurance may be further expanded by use of federal, state or private loan insurance, reinsurance, or guarantees of which the Authority is or shall become the beneficiary. (1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-11 - Statutory pledge.

§ 122D-11. Statutory pledge.
Any pledge made by the Authority shall be valid and binding from time to time when the pledge is made. The money, assets or revenues of the Authority so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged by the Authority. Nothing herein shall be construed to prohibit the Authority from selling any assets subject to any such pledge except to the extent that any such sale may be restricted by the trust agreement or resolution providing for the issuance of such obligations. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-12 - Refunding bonds.

§ 122D-12. Refunding bonds.
Subject to the rights of the holders of the bonds of the Authority, the Authority may issue from time to time its bonds for the purpose of refunding any bonds of the Authority then outstanding, together with the payment of any redemption premiums thereon and interest accrued or to accrue to the date of redemption of such outstanding bonds. All such refunding bonds of the Authority shall be issued, sold or exchanged, and delivered, shall be secured, and shall be subject to the provisions of this Chapter in the same manner and to the same extent as any other bonds issued by the Authority pursuant to this Chapter, unless otherwise determined by resolution of the Authority. Refunding bonds issued by the Authority as herein provided may be sold or exchanged for outstanding bonds of the Authority and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding bonds.
Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1000, s. 1.)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-13 - Purchase of bonds by Authority.

§ 122D-13. Purchase of bonds by Authority.
Subject to the rights of holders of bonds, the Authority shall have the power out of any funds available therefor, to purchase bonds of the Authority, which shall thereupon be cancelled, at a price not exceeding:
(1) If the bonds are then subject to optional redemption, the optional redemption price then applicable plus accrued interest to the next interest payment date thereon; or
(2) If the bonds are not then subject to optional redemption, the optional redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to optional redemption plus accrued interest to such date. (1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-14 - Exemption from taxes.

§ 122D-14. Exemption from taxes.
The exercise of the powers granted by this Chapter will be in all respects for the benefit of the people of the State, for their well-being and prosperity and for the improvement of their social and economic conditions, and the Authority shall not be required to pay any tax or assessment on any property owned by the Authority under the provisions of this Chapter or upon the income therefrom.
Any obligations issued by the Authority under the provisions of this Chapter shall at all times be free from taxation by the State or any local unit or political subdivision or other instrumentality of the State, excepting inheritance or gift taxes, income taxes on the gain from the transfer of the obligations, and franchise taxes. The interest on the obligations is not subject to taxation as income. (1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989 (Reg. Sess., 1990), c. 1000, s. 1; 1995, c. 46, s. 11.)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-15 - Covenant of State.

§ 122D-15. Covenant of State.
In consideration of the acceptance of and payment for the bonds of the Authority by the holders thereof, the State does hereby pledge to and agree with the holders of any bonds of the Authority issued pursuant to the provisions of this Chapter, that the State will not impair, limit or alter the rights hereby vested in the Authority to fulfill the terms of any agreements made with the holders of the bonds of the Authority, or in any way impair the rights or remedies of such holders thereof, until such bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The Authority is authorized to include this pledge and agreement of the State in any agreement with the holders of bonds of the Authority. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1000, s. 1.)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-16 - Trust funds.

§ 122D-16. Trust funds.
(a) Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this Chapter shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. Interest earned from these moneys and interest received from loans made from these moneys may be used for any purpose set out in this Chapter and for the costs of administering this Chapter. The resolution authorizing any obligations or the trust agreement securing any obligations may provide that any of these moneys may be temporarily invested pending the disbursement of the moneys and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited, shall act as trustee of the moneys and shall hold and apply the moneys for the purposes under this Chapter, subject to any rules adopted pursuant to this Chapter and any provisions in the provision or trust agreement.
(b) All moneys of the Authority may be invested in the following:
(1) Bonds, notes or treasury bills of the United States;
(2) Non-convertible debt securities of the following issuers:
a. The Federal Home Loan Bank Board;
b. Fannie Mae;
c. The Federal Farm Credit Bank; and
d. The Student Loan Marketing Association;
(3) Any other obligations not listed above which are guaranteed as to principal and interest by the United States or any of its agencies;
(4) Certificates of deposit and other evidences of deposit at state and federal chartered banks and savings and loan associations; provided that any principal amount of such certificate in excess of the amount insured by the federal government or any agency thereof be fully collateralized;
(5) Obligations of the United States or its agencies under a repurchase agreement for a shorter time than the maturity date of the security itself if the market value of the security itself is more than the amount of funds invested;
(6) Money market funds whose portfolios consist of any of the foregoing investments;
(7) A guaranteed investment or similar contract, which provides for the investment of funds at a guaranteed rate of return, with an insurance company or depository financial institution with a claim paying rating of no less than either of the two highest grades given by a nationally recognized rating agency; and
(8) Any other investment authorized by law for the investment of funds by a unit of local government. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1987, c. 112, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1074, s. 32(b); 1997-443, s. 14.5; 2001-487, s. 14(k).)
2023 North Carolina General Statutes › Chapter 122D - North Carolina Agricultural Finance Act › § 122D-17 - Bonds as legal investment and security for public deposits.

§ 122D-17. Bonds as legal investment and security for public deposits.
Obligations issued under the provisions of this Chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds, notes or obligations of the State is now or may hereafter be authorized by law. (1983, c. 789, s. 1; 1985 (Reg. Sess., 1986), c. 1011, s. 1; 1989, c. 500, s. 109(e); 1989 (Reg. Sess., 1990), c. 1000, s. 1.)