reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 22 - A Terrorist Incident Using Nuclear, Biological, or Chemical Agents. › § 130A-485 - Vaccination program established; definitions.

§ 130A-485. Vaccination program established; definitions.
(a) The Department and local health departments shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. The vaccinations shall include, but are not limited to, hepatitis A vaccination, hepatitis B vaccination, diphtheria-tetanus vaccination, influenza vaccination, pneumococcal vaccination, and other vaccinations when recommended by the United States Public Health Service and in accordance with Federal Emergency Management Directors Policy. Immune globulin will be made available when necessary, as determined by the State Health Director.
(b) Participation in the vaccination program is voluntary by the first responders, except for first responders who are classified as having "occupational exposure" to bloodborne pathogens as defined by the Occupational Safety and Health Administration Standard contained at 29 C.F.R. § 1910.10300 who shall be required to take the designated vaccinations or otherwise required by law.
(c) Nothing in this section shall require first responders, except first responders for whom the vaccination program is not voluntary as set forth in subsection (b) of this section, who present a written statement from a licensed physician indicating that a vaccine is medically contraindicated for the first responder or who sign a written statement that the administration of a vaccination conflicts with the first responder's religious tenets, to receive a vaccine.
(d) In the event of a vaccine shortage, the State Public Health Director, in consultation with the Centers for Disease Control and Prevention, shall give priority for vaccination to first responders deployed to a disaster location.
(e) The Department shall notify first responders of the availability of the vaccination program and shall provide educational materials on ways to prevent exposure to infectious diseases.
(f) As used in this section, unless the context clearly requires otherwise, the term:
(1) "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance, biological product, or biological agent as defined in G.S. 130A-479 that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product to cause or attempt to cause death, disease, or other biological malfunction in any living organism.
(2) "Disaster location" means any geographical location where a bioterrorism attack, terrorist incident, catastrophic or natural disaster, or emergency occurs.
(3) "First responders" means State and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, or emergencies. (2003-227, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 23 - Smoking Prohibited in Public Places and Places of Employment. › § 130A-491 - Legislative findings and intent.

§ 130A-491. Legislative findings and intent.
(a) Findings. – The General Assembly finds that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers. In 2006, a report issued by the United States Surgeon General stated that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.
(b) Intent. – It is the intent of the General Assembly to protect the health of individuals in public places and places of employment and riding in State government vehicles from the risks related to secondhand smoke. It is further the intent of the General Assembly to allow local governments to adopt local laws governing smoking within their jurisdictions that are more restrictive than the State law. (2007-193, s. 1; 2008-149, s. 1; 2009-27, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 23 - Smoking Prohibited in Public Places and Places of Employment. › § 130A-493 - Smoking prohibited in State government buildings and State vehicles.

§ 130A-493. Smoking prohibited in State government buildings and State vehicles.
(a) Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State-controlled buildings, smoking is prohibited inside State government buildings except as provided in subsection (b) of this section.
(b) Smoking is permitted inside State government buildings that are used for medical or scientific research to the extent that smoking is an integral part of the research. Smoking permitted under this subsection shall be confined to the area where the research is being conducted.
(c) The individual in charge of the State government building or the individual's designee shall post signs in conspicuous areas of the building. The signs shall state that "smoking is prohibited" and may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. In addition, the individual in charge of the building or the individual's designee shall:
(1) Direct a person who is smoking inside the building to extinguish the lighted smoking product.
(2) In a State psychiatric hospital, provide written notice to individuals upon admittance that smoking is prohibited inside the building and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.
(c1) Smoking is prohibited inside State vehicles. The individual or the individual's designee in charge of assigning the vehicle shall place one or more signs in conspicuous areas of the vehicle. The signs shall state that "smoking is prohibited" and may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle as provided in this subsection.
(d) Notwithstanding G.S. 130A-25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation. (2007-193, s. 1; 2007-459, s. 4.1; 2008-149, s. 3; 2009-27, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 23 - Smoking Prohibited in Public Places and Places of Employment. › § 130A-494 - Other prohibitions.

§ 130A-494. Other prohibitions.
Nothing in this Article repeals any other law prohibiting smoking, nor does it limit any law allowing regulation or prohibition of smoking on walkways or on the grounds of buildings. (2007-193, ss. 1, 3.2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 23 - Smoking Prohibited in Public Places and Places of Employment. › § 130A-496 - Smoking prohibited in restaurants and bars.

§ 130A-496. Smoking prohibited in restaurants and bars.
(a) Notwithstanding Article 64 of Chapter 143 of the General Statutes, smoking is prohibited in all enclosed areas of restaurants and bars, except as provided in subsection (b) of this section.
(b) Smoking may be permitted in the following places:
(1) A designated smoking guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment's guest rooms may be designated smoking guest rooms.
(2) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. To qualify under this subsection, the cigar bar must satisfactorily report on a quarterly basis to the Department, on a form prescribed by the Department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This subdivision shall not apply to any business that is established for the purpose of avoiding compliance with this Article.
(3) A private club. (2009-27, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 23 - Smoking Prohibited in Public Places and Places of Employment. › § 130A-497 - Implementation and enforcement.

§ 130A-497. Implementation and enforcement.
(a) A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall:
(1) Conspicuously post signs clearly stating that smoking is prohibited. The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(2) Remove all indoor ashtrays and other smoking receptacles.
(3) Direct a person who is smoking to extinguish the lighted tobacco product.
(b) Continuing to smoke in a nonsmoking area described in this Part following oral or written notice by the person in charge of the area or the person's designee constitutes an infraction, and the person committing the infraction may be punished by a fine of not more than fifty dollars ($50.00).
(c) Conviction of an infraction under this section has no consequence other than payment of a penalty. A person found responsible for a violation of this section may not be assessed court costs.
(d) Notwithstanding G.S. 130A-25, a violation of this Part shall not be punishable as a misdemeanor.
(e) Administrative penalties imposed under G.S. 130A-22(h1) against a person who manages, operates, or controls a restaurant or bar and fails to comply with the provisions of this Article and the rules adopted by the Commission to implement the provisions of this Article shall only be enforced by a local health director.
(f) The Commission shall adopt rules to implement the provisions of this Article. (2009-27, s. 1.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-1 - Short title.

§ 131A-1. Short title.
This Article shall be known, and may be cited, as the "Health Care Facilities Finance Act." (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-2 - Legislative findings.

§ 131A-2. Legislative findings.
It is hereby declared to be the policy of the State of North Carolina to promote the public health and welfare by providing means for financing, refinancing, acquiring, constructing, equipping and providing of health care facilities to serve the people of the State and to make accessible to them modern and efficient health care facilities.
The General Assembly hereby finds and declares that:
(1) There is a need to overcome existing and anticipated physical and technical obsolescence of existing health care facilities and to provide additional modern and efficient health care facilities in the State; and
(2) Unless measures are adopted to alleviate such need, the shortage of such facilities will become increasingly more urgent and serious; and
(3) In order to meet such shortage and thereby promote the public health and welfare of the people of the State, it is necessary for the State to assist in the providing of adequate modern and efficient health care facilities in the State so that health and hospital care and services may be expanded, improved and fostered to the fullest extent practicable.
The General Assembly hereby further finds and declares that the financing, refinancing, acquiring, constructing, equipping and providing of health care facilities are public uses and public purposes and that enactment of this Article is necessary and proper for effectuating the purposes hereof. (1975, c. 766, s. 1; 1993, c. 553, s. 42; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-5 - Criteria and requirements.

§ 131A-5. Criteria and requirements.
In undertaking any health care facilities pursuant to this Article, the Commission shall be guided by and shall observe the following criteria and requirements; provided that the determination of the Commission as to its compliance with such criteria and requirements shall be final and conclusive:
(1) There is a need for the health care facilities in the area in which the health care facilities are to be located;
(2) No health care facilities shall be sold or leased nor any loan made to any public or nonprofit agency which is not financially responsible and capable of fulfilling its obligations, including its obligations under an agreement of sale or lease or a loan agreement to make purchase price payments, to pay rent, to operate, repair and maintain at its own expense the health care facilities and to discharge such other responsibilities as may be imposed under the agreement of sale or lease or loan agreement;
(3) Adequate provision shall be made for the payment of the principal of and the interest on the bonds and any necessary reserves therefor and for the operation, repair and maintenance of the health care facilities at the expense of the public or nonprofit agency; and
(4) The public facilities, including utilities, and public services necessary for the health care facilities will be made available. (1975, c. 766, s. 1; 1979, c. 54, s. 7; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-6 - Additional powers of public agencies.

§ 131A-6. Additional powers of public agencies.
For the purposes of this Article, public agencies are authorized and empowered to enter into contracts and agreements, including loan agreements and agreements of sale or lease, with the Commission to facilitate the financing or refinancing, acquiring, constructing, equipping, providing, operating and maintaining of health care facilities and pursuant to any such loan agreement or agreement of sale or lease to operate, repair and maintain any health care facilities and, subject to the provisions of G.S. 131A-8, to pay the cost thereof and the loan repayments, purchase price payments or rent therefor from any funds available for such purposes. In addition, public agencies may mortgage, pledge, assign, grant a security interest in, or otherwise encumber a health care facility, whether owned or leased, to secure obligations under a loan agreement or similar debt instrument in connection with the issuance of bonds or notes by the Commission under this Article. Property subject to a mortgage, deed of trust, security interest, or similar lien pursuant to this section may be sold at foreclosure in any manner permitted by the instrument creating the encumbrance, without compliance with any other provision of law regarding the disposition of publicly owned property. The granting of a lien on, or security interest in, a health care facility and the conveyance of this property pursuant to the provisions of the lien or security interest are not subject to the provisions of G.S. 131E-8, 131E-13, or 131E-14. (1975, c. 766, s. 1; 1979, c. 54, s. 8; 2005-238, s. 14; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-7 - Procedural requirements.

§ 131A-7. Procedural requirements.
In addition to health care facilities initiated by the Commission, any public or nonprofit agency may submit to the Commission, and the Commission may consider, a proposal for financing health care facilities using such forms and following such instructions as may be prescribed by the Commission. Such proposal shall set forth the type and location of the health care facilities and may include other information and data available to the public or nonprofit agency respecting the health care facilities and the extent to which such health care facilities conform to the criteria and requirements set forth in this Article. The Commission may request the public or nonprofit agency to provide additional information and data respecting the health care facilities. The Commission is authorized to make or cause to be made such investigations, surveys, studies, reports and reviews as in its judgment are necessary and desirable to determine the feasibility and desirability of the health care facilities, the extent to which the health care facilities will contribute to the health and welfare of the area in which they will be located, the powers, experience, background, financial condition, record of service and capability of the management of the public or nonprofit agency, the extent to which the health care facilities otherwise conform to the criteria and requirements of this Article, and such other factors as may be deemed relevant or convenient in carrying out the purposes of this Article. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-9 - Construction contracts.

§ 131A-9. Construction contracts.
Contracts for the construction of any health care facilities on behalf of a public agency shall be awarded by the Commission in accordance with Article 8 of Chapter 143 of the General Statutes. If the Commission shall determine that the purposes of this Article will be more effectively served, the Commission in its discretion may award or cause to be awarded contracts for the construction of any health care facilities on behalf of a nonprofit agency upon a negotiated basis as determined by the Commission. The Commission shall prescribe such bid security requirements and other procedures in connection with the award of such contracts as in its judgment shall protect the public interest. The Commission may by written contract engage the services of the public or nonprofit agency in the construction of such health care facilities and may provide in such contract that such public or nonprofit agency, subject to such conditions and requirements consistent with the provisions of this Article as shall be prescribed in such contract, may act as an agent of, or an independent contractor for, the Commission for the performance of the functions described therein, including the acquisition of the site and other real property for such health care facilities, the preparation of plans, specifications and contract documents, the award of construction and other contracts upon a competitive or negotiated basis, the construction of such health care facilities directly by such public or nonprofit agency, the inspection and supervision of construction, the employment of engineers, architects, builders and other contractors and the provision of money to pay the cost thereof pending reimbursement by the Commission. Any such contract may provide that the Commission may, out of proceeds of bonds or notes, make advances to or reimburse the public or nonprofit agency for its costs incurred in the performance of such functions, and shall set forth the supporting documents required to be submitted to the Commission and the reviews, examinations and audits that shall be required in connection therewith to assure compliance with the provisions of this Article and such contract. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-10 - Credit of State not pledged.

§ 131A-10. Credit of State not pledged.
Bonds or notes issued under the provisions of this Article shall not be secured by a pledge of the faith and credit of the State or of any political subdivision thereof or be deemed to create an indebtedness of the State, or of any such political subdivision thereof, requiring any voter approval, but shall be payable solely from the revenues and other funds provided therefor. Each bond or note issued under this Article shall contain on the face thereof a statement to the effect that the Commission shall not be obligated to pay the same nor the interest thereon except from the revenues and other funds pledged therefor and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged as security for the payment of the principal of or the interest on such bond or note.
Expenses incurred by the Commission in carrying out the provisions of this Article may be made payable from funds provided pursuant to, or made available for use under, this Article and no liability shall be incurred by the Commission hereunder beyond the extent to which moneys shall have been so provided. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-14 - Trust funds.

§ 131A-14. Trust funds.
Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this Article, including, without limitation, fees, loan repayments, purchase price payments, rents, charges, insurance proceeds, condemnation awards and any other revenues and funds received in connection with any health care facilities, shall be deemed to be trust funds to be held and applied solely as provided in this Article. The resolution authorizing the issuance of, or any trust agreement securing, any bonds or notes may provide that any of such moneys may be temporarily invested pending the disbursement thereof 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 such moneys and shall hold and apply the same for the purposes of this Article, subject to such regulations as this Article and such resolution or trust agreement may provide. Any such moneys may be invested as provided in G.S. 159-30, as it may be amended from time to time. (1975, c. 766, s. 1; 1979, c. 54, s. 13; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-15 - Remedies.

§ 131A-15. Remedies.
Any holder of bonds or notes issued under the provisions of this Article or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of such bonds or notes, except to the extent the rights herein given may be restricted by such trust agreement or resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State or granted hereunder or under such trust agreement or resolution, or under any other contract executed by the Commission pursuant to this Article, and may enforce and compel the performance of all duties required by this Article or by such trust agreement or resolution to be performed by the Commission or by any officer thereof. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-16 - Negotiable instruments.

§ 131A-16. Negotiable instruments.
All bonds and interest coupons appertaining thereto issued under this Article are hereby made investment securities within the meaning of and for all the purposes of Article 8 of the Uniform Commercial Code as enacted in this State, whether or not they are of such form and character as to be investment securities under said Article 8, subject only to the provisions of the bonds pertaining to registration. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-17 - Bonds or notes eligible for investment.

§ 131A-17. Bonds or notes eligible for investment.
Bonds or notes issued under the provisions of this Article 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 bonds or notes 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. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-18 - Refunding bonds or notes.

§ 131A-18. Refunding bonds or notes.
The Commission is hereby authorized to provide for the issuance of refunding bonds or notes for the purpose of refunding any bonds or notes then outstanding which shall have been issued under the provisions of this Article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds or notes and, if deemed advisable by the Commission, for any corporate purpose of the Commission, including, without limitation:
(1) Constructing improvements, additions, extensions or enlargements of the health care facilities in connection with which the bonds or notes to be refunded shall have been issued, and
(2) Paying all or any part of the cost of any additional health care facilities.
The issuance of such bonds or notes, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Commission in respect of the same shall be governed by the provisions of this Article which relate to the issuance of bonds or notes, insofar as such provisions may be appropriate therefor.
Refunding bonds or notes may be sold or exchanged for outstanding bonds or notes issued under this Article and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such refunding bonds or notes, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the bonds or notes being refunded, and, if so provided or permitted in the resolution authorizing the issuance of, or in the trust agreement securing, such bonds or notes, to the payment of any interest on such refunding bonds or notes 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. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-19 - Annual report.

§ 131A-19. Annual report.
The Commission shall, promptly following the close of each fiscal year, submit an annual report of its activities under this Article for the preceding year to the Governor, the State Auditor, the Secretary of Health and Human Services, the General Assembly, and the Local Government Commission. The Commission shall cause an audit of its books and accounts relating to its activities under this Article to be made at least once in each year by an independent certified public accountant and the cost thereof may be paid from any available moneys of the Commission. (1975, c. 766, s. 1; 1997-443, s. 11A.118(a); 2006-203, s. 71; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-20 - Officers not liable.

§ 131A-20. Officers not liable.
No member or officer of the Commission shall be subject to any personal liability or accountability by reason of his execution of any bonds or notes or the issuance thereof. (1975, c. 766, s. 1; 2019-240, s. 27.1(a); 2019-240, s. 27.1(a).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-21 - Tax exemption.

§ 131A-21. Tax exemption.
The exercise of the powers granted by this Article will be in all respects for the benefit of the people of the State and will promote their health and welfare. If bonds or notes are issued by the Commission to provide or improve a health care facility, then until the bonds or notes are retired, the facility for which bonds or notes are issued is exempt from property taxes to the extent provided in this section. If refunding bonds or notes are issued to refund bonds or notes issued to provide or improve a health care facility, the facility will continue to be exempt from property taxes as provided in this section until such time as the refunding bonds or notes are retired, provided that the final maturity of the refunding bonds or notes does not extend beyond the final maturity of the original bonds or notes.
Property may be exempt from property taxes as provided in this section if a timely application for the exemption is filed with the assessor of the county in which the property is located as required under G.S. 105-282.1. The property tax exemption under this section shall not exceed the lesser of the original principal amount of the bonds or notes or the assessed value for ad valorem tax purposes of the facility. If bonds or notes are issued to finance more than one health care facility, only that portion of the principal amount of the bonds or notes used to provide or improve the particular facility, including any allocable reserves and financing costs, may be considered for the purpose of determining the amount of the exemption allowable under this section. The exemption authorized by this section shall begin with the first full tax year of the taxpayer following the issuance of the bonds and notes. This section does not affect a health care facility's eligibility for a property tax exemption under Subchapter II of Chapter 105 of the General Statutes.
Any bonds or notes issued by the Commission under the provisions of this Article 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, estate, or gift taxes, income taxes on the gain from the transfer of the bonds and notes, and franchise taxes. The interest on the bonds and notes is not subject to taxation as income. (1975, c. 766, s. 1; 1995, c. 46, s. 12; 2000-20, s. 1; 2001-139, s. 10; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-22 - Conflict of interest.

§ 131A-22. Conflict of interest.
If any member, officer or employee of the Commission shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly, in any contract with the Commission, such interest shall be disclosed to the Commission and shall be set forth in the minutes of the Commission, and the member, officer or employee having such interest therein shall not participate on behalf of the Commission in the authorization of any such contract. (1975, c. 766, s. 1; 2019-240, s. 27.1(a).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-23 - Additional method.

§ 131A-23. Additional method.
The foregoing sections of this Article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of bonds or notes under the provisions of this Article need not comply with the requirements of any other law applicable to the issuance of bonds or notes. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-24 - Liberal construction.

§ 131A-24. Liberal construction.
This Article, being necessary for the health and welfare of the people of the State, shall be liberally construed to effect the purposes thereof. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 1 - Health Care Facilities Finance Act. › § 131A-25 - Inconsistent laws inapplicable.

§ 131A-25. Inconsistent laws inapplicable.
Insofar as the provisions of this Article are inconsistent with the provisions of any general or special laws, or parts thereof, the provisions of this Article shall be controlling. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-30 - Definitions.

§ 131A-30. Definitions.
The following definitions apply in this Article:
(1) Commission. – The Local Government Commission established pursuant to G.S. 159-3.
(2) Eligible hospital. – A health care facility located in a development tier one or development tier two area, as defined in G.S. 143B-437.08, that is unable to sustain operations for more than three years from the date of application for a loan under the Program.
(3) Fund. – The Rural Health Care Stabilization Fund established in accordance with this Article.
(4) Health care facility. – Any one or more buildings, structures, additions, extensions, improvements or other facilities, whether or not located on the same site or sites, machinery, equipment, furnishings, or other real or personal property suitable for health care or medical care.
(5) Loan. – A sum of money loaned to an applicant with an obligation on the part of the applicant to repay the sum, plus interest, in accordance with a loan agreement.
(6) Plan. – A hospital stabilization plan developed in accordance with G.S. 131A-33.
(7) Program. – The Rural Health Care Stabilization Program established pursuant to this Article.
(8) Public agency. – Any county, city, town, hospital district, or other political subdivision of the State existing or hereafter created pursuant to the laws of the State authorized to acquire, by lease or otherwise, operate, or maintain health care facilities.
(9) UNC Health Care. – The University of North Carolina Health Care System established pursuant to G.S. 116-37. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-31 - The Rural Health Care Stabilization Program.

§ 131A-31. The Rural Health Care Stabilization Program.
(a) Program Established; Purpose. – There is established the Rural Health Care Stabilization Program to provide loans for the support of eligible hospitals located in rural areas of the State that are in financial crisis due to operation of oversized and outdated facilities and recent changes to the viability of health care delivery in their communities, including the demand for certain patient services and the composition of payer mixes and patient populations. Within the funds available in the Rural Health Care Stabilization Fund, the Program shall provide for loans at below-market interest rates with structured repayment terms in order for these financially distressed eligible hospitals to transition to sustainable, efficient, and more proportionately sized health care service models in their communities. In meeting this goal, loan funds may be used to finance construction of new health care facilities or to provide for operational costs during this transition period, or both, including while the construction of new health care facilities is undertaken.
(b) Administration. – UNC Health Care shall administer the Program and has the following duties and responsibilities:
(1) Establishing an application period and a process for submitting an application for a loan under this Program.
(2) Assessing Plans submitted by an applicant for a loan under the Program.
(3) Evaluating an applicant's ability to repay the loan under the proposed Plan.
(4) Submitting recommendations to the Commission on whether an applicant should receive a loan under the Program.
(5) Negotiating the terms of a proposed loan agreement.
(6) Determining the security interests necessary to enforce repayment of the loan.
(7) Implementing approved loan agreements, including monitoring repayment and collection.
(8) Any other duties and responsibilities necessary to the implementation of the Program and enforcement of the loan agreements under the Program.
(c) Exclusion. – UNC Health Care cannot apply for a loan under this Program and cannot be a partner in a partnership that applies for a loan under this Program. The Commission cannot approve an application for a loan if the issuance of the loan would result in a material, direct financial benefit to UNC Health Care at the time the application and Plan are submitted to the Commission for its approval.
(d) Rules. – UNC Health Care is authorized to adopt any rules necessary for implementation of the Program. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-32 - The Rural Health Care Stabilization Fund.

§ 131A-32. The Rural Health Care Stabilization Fund.
The Rural Health Care Stabilization Fund is created as a nonreverting special fund in the Office of State Budget and Management. The Fund shall operate as a revolving fund consisting of funds appropriated to, or otherwise received by, the Rural Health Care Stabilization Program and all funds received as repayment of the principal of or interest on a loan made from the Fund. The State Treasurer is the custodian of the Fund and shall invest its assets in accordance with G.S. 147-69.2 and G.S. 147-69.3. Moneys in the Fund shall only be used for loans made pursuant to this Article. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-33 - Application for loan evaluation.

§ 131A-33. Application for loan evaluation.
(a) Application and Plan. – A public agency, an owner of a health care facility, or a partnership including one or more of those entities may apply for a loan under the Program to benefit an eligible hospital. To apply for a loan, an applicant must develop a hospital stabilization plan and submit the Plan with its application to UNC Health Care during the application period. The Plan shall include, at a minimum, any proposed changes in governance or ownership for the eligible hospital and the eligible hospital's financial projections, including a plan for repayment by the applicant of the requested loan and other sources of funds projected for support of the eligible hospital, such as local or federal funds. An applicant shall submit to UNC Health Care any additional information requested by UNC Health Care to enable it to determine whether to recommend the application to the Local Government Commission for approval.
(b) Evaluation. – UNC Health Care shall evaluate each Plan submitted to determine whether the applicant's Plan demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located. UNC Health Care may also assist an applicant with revisions to its Plan, including negotiating loan terms. Upon conclusion of its review of an application, UNC Health Care shall notify the applicant and the Commission of its recommendation on whether to approve or disapprove a loan application. If more than one applicant applies during an application period, UNC Health Care may assign a priority order for approval of applications when submitting its recommendations to the Commission and reasons for the assigned order of priority.
(c) Disapproval of Application. – If UNC Health Care disapproves a loan application, the applicant may engage a disinterested and qualified third party approved by the Commission to evaluate the applicant's Plan to determine if the applicant demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located. The applicant may seek Commission approval of the loan based on the written evaluation of its Plan by the third party. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-34 - Commission approval for loan.

§ 131A-34. Commission approval for loan.
(a) Approval Required. – UNC Health Care shall not award a loan under the Program unless the Commission approves it. If the Commission enters an order denying the loan, the proceedings under this Article shall be at an end.
(b) Conflict of Interest. – UNC Health Care must disclose to the Commission any potential conflict of interest in its review of an application and Plan. The Commission cannot approve a loan if the issuance of the loan would result in a material, direct financial benefit to UNC Health Care at the time the application and Plan are submitted to the Commission for its approval.
(c) Considerations. – The Commission shall review UNC Health Care's recommendations, an applicant's Plan, and any other information it may believe to have a bearing on whether the loan should be approved. If UNC Health Care has recommended disapproval of a loan, and the applicant has an evaluation prepared by a disinterested and qualified third party approved by the Commission, the Commission may consider the third party's evaluation of the applicant and the applicant's Plan. The Commission may require the applicant and eligible hospital, if different, to provide any of the following information for its consideration:
(1) Current and historical financial information.
(2) Whether the undertaking is necessary or expedient.
(3) Its debt management procedures and policies.
(4) Whether it is in default in any of its debt service obligations.
(5) Any other information the Commission may believe to have a bearing on whether the loan should be approved.
(d) Loan Approval. – The Commission may approve the application if, upon the information and evidence it receives, it finds and determines:
(1) That the loan is necessary or expedient.
(2) That the amount proposed is adequate and not excessive for the proposed purpose of the loan.
(3) That the Plan demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located.
(4) That the applicant's debt management procedures and policies are good, or that reasonable assurances have been given that its debt will be repaid. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-35 - Award of loans; terms.

§ 131A-35. Award of loans; terms.
(a) Award. – Upon approval of the loan by the Commission, UNC Health Care shall execute the terms of the loan agreement. In adopting terms of the loan agreement, UNC Health Care may require changes to the governance structure of the eligible hospital.
(b) Interest Rate and Maturity. – The interest rate payable on and the maximum maturity of a loan are subject to the following limitations:
(1) Interest rate. – The interest rate for a loan may not exceed the interest rate obtained by the State on its most recent general obligation bond offering.
(2) Maturity. – The maturity for a loan may not exceed 20 years.
(c) Debt Instrument. – UNC Health Care shall execute a debt instrument with the recipient of the loan to evidence the obligation to repay the principal of and interest on the loan awarded under this Article to the State. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131A - Health Care Facilities Finance Act › Article 2 - Rural Health Care Stabilization Program. › § 131A-36 - Annual reports on the Rural Health Care Stabilization Fund.

§ 131A-36. Annual reports on the Rural Health Care Stabilization Fund.
(a) Requirement. – UNC Health Care shall publish a report each year on the Rural Health Care Stabilization Fund. The report shall be published by November 1 of each year and cover the preceding fiscal year. UNC Health Care shall make the report available to the public and shall give a copy of the report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
(b) Content. – The report required by this section shall contain the following information concerning the Fund:
(1) The beginning and ending balance of the Fund for the fiscal year.
(2) The amount of revenue credited to the Fund during the fiscal year, by source.
(3) The total amount of loans awarded from the Fund.
(4) For each loan awarded, the recipient of the award, the amount of the award, the amount of the award that was disbursed, and the amount of the award remaining to be disbursed in a subsequent fiscal year, if applicable. (2019-240, s. 27.2.)
2023 North Carolina General Statutes › Chapter 131D - Inspection and Licensing of Facilities › Article 1 - Adult Care Homes. › §§ 131D-1: Recodified as G. S. 131D-10.10 by Session Laws 2009-462, s. 1(b), effective October 1, 2009.

§ 131D-1: Recodified as G. S. 131D-10.10 by Session Laws 2009-462, s. 1(b), effective October 1, 2009.
2023 North Carolina General Statutes › Chapter 131D - Inspection and Licensing of Facilities › Article 1 - Adult Care Homes. › § 131D-2.3 - Exemptions from licensure.

§ 131D-2.3. Exemptions from licensure.
The following are excluded from this Article and are not required to be registered or obtain licensure under this Article:
(1) Facilities licensed under Chapter 122C or Chapter 131E of the General Statutes.
(2) Persons subject to rules of the Division of Employment and Independence for People with Disabilities.
(3) Facilities that care for no more than four persons, all of whom are under the supervision of the United States Veterans Administration.
(4) Facilities that make no charges for housing, amenities, or personal care service, either directly or indirectly.
(5) Institutions that are maintained or operated by a unit of government and that were established, maintained, or operated by a unit of government and exempt from licensure by the Department on September 30, 1995. (2009-462, s. 1(e); 2023-65, s. 8.4.)