reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-4 - Local governing authorities to grant and control license; bond.

§ 127B-4. Local governing authorities to grant and control license; bond.
(a) The governing body of any city, town, or county in this State may grant to such person, partnership, association or corporation as who shall produce satisfactory evidence of good character, a license authorizing such person, partnership, association or corporation to carry on the business of a military property sales facility. The license shall designate the building in which the person, partnership, association or corporation shall carry on the business, and no person, partnership, association or corporation shall carry on the business of a military property sales facility without being duly licensed, nor in any other building than the one designated in the license.
(b) Any person or the principal officers of any association or corporation or all the partners of any partnership applying for a license shall furnish the governing body the following information:
(1) Full name, and any other names used by the applicant during the preceding five years, or in the case of a partnership, association or corporation, the applicant shall list any partnership, association, or corporate names used during the preceding five years;
(2) Current address, and all addresses used by the applicant during the preceding five years;
(3) Physical description;
(4) Age;
(5) Driver's license number, if any, and state of issuance;
(6) Recent color photograph;
(7) Record of felony convictions; and
(8) Record of other convictions during the preceding five years.
(c) Every person, partnership, association or corporation so licensed to carry on the business of a military property sales facility shall, at the time of receiving a license, file with the governing body of the city, town, or county granting the license, a bond payable to the city, town, or county in the sum of one thousand dollars ($1,000), to be executed by the person licensed and by two responsible sureties, or a surety company licensed to do business in the State of North Carolina, to be approved of by the governing body. The bond shall be for the faithful performance of the requirements and obligations pertaining to the business licensed. The governing body, may revoke the license and sue for forfeiture of the bond upon a breach of the licensee's duties under the bond. Any person who may obtain a judgment against a military property sales facility and upon which judgment execution is returned unsatisfied may maintain an action in his own name upon the bond of the military property sales facility, in any court having jurisdiction of the amount demanded to satisfy the judgment. (1985, c. 522, s. 1.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-5 - Perjury; punishment.

§ 127B-5. Perjury; punishment.
Any person who shall willfully commit perjury in any application for a permit pursuant to this Article shall be guilty of a Class 1 misdemeanor. (1985, c. 522, s. 1; 1993, c. 539, s. 939; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-6 - Records to be kept.

§ 127B-6. Records to be kept.
(a) Every military property sales facility owner shall keep a book in which shall be legibly written, at the time of each transaction involving the acquisition by any means of used or new military property by the military property sales facility owner, his employee or agent, from any person, partnership, association or corporation, the following information:
(1) An account and description of the used or new military property including if applicable, the manufacturer's name, the model, the model number, the serial number of the property, and any engraved numbers or initials found on the property. Property lacking any identifying mark or characteristic shall be marked by the military property sales facility owner in such a way as to allow clear identification of the property.
(2) The amount of money paid;
(3) The date of the transaction; and
(4) The name and residence of the person selling, consigning or transferring the used or new military property.
(b) The military property sales facility owner, or his employee or agent shall require that the person selling the new or used military property, to present two forms of positive identification to him before the military property sales facility personnel may complete any transaction regarding the buying, consigning or acquiring of new or used military property. The presentation of any one state or federal government issued identification containing a photographic representation imprinted on it shall constitute compliance with the identification requirements of this paragraph. The military property sales facility owner or his employee or agent shall legibly record this identification information next to the person's name and residence in the book required to be kept. Both the military property sales facility owner, his employee or agent and the seller, consignor or transferor of the military property shall sign the record entry.
(c) The book shall be a permanent record to be kept at all times on the premises of the place of business of the military property sales facility and shall be made available, during regular business hours, to any law enforcement officer who requests to inspect the book. A copy of the records required to be kept by this section shall be filed within 48 hours of the transaction in the office of the local law enforcement agency serving the city, town, or county which issued the license to the military. Mailing the required copy to the local law enforcement agency within 48 hours shall constitute compliance with this section. (1985, c. 522, s. 1.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-7 - Penalties.

§ 127B-7. Penalties.
Any dealer who violates the provisions of this Article shall be guilty of a Class 2 misdemeanor. In addition, any dealer convicted of violating this Article shall be ineligible for a dealer's permit for a period of three years from the date of conviction. Each violation shall constitute a separate and distinct offense. (1985, c. 522, s. 1; 1993, c. 539, s. 940; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-10 - Purpose.

§ 127B-10. Purpose.
The General Assembly finds and declares that military personnel in North Carolina vitally affect the general economy of this State and that it is in the public interest and public welfare to ensure that no discrimination against military personnel is practiced by any business. (1985, c. 522, s. 1.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-11 - Private discrimination prohibited.

§ 127B-11. Private discrimination prohibited.
No person shall discriminate against any officer, warrant officer or enlisted person of the military forces of the State or of the United States because of their membership therein. No member of these military forces shall be prejudiced or injured by any person, employer, officer or agent of any corporation, company or firm with respect to their employment, position or status or denied or disqualified for employment by virtue of their membership or service in the military forces of this State or of the United States. (1985, c. 522, s. 1; 2011-183, s. 92.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-12 - Public discrimination prohibited.

§ 127B-12. Public discrimination prohibited.
No officer or employee of the State, or of any county, city and county, municipal corporation, school district, water district, or other district shall discriminate against any officer, warrant officer or enlisted person of the military forces of the State or of the United States because of their membership therein. No member of the military forces shall be prejudiced or injured by any officer or employee of the State, or of any county, city and county, municipal corporation, school district, water district, or other district with respect to their employment, appointment, position or status or denied or disqualified for or discharged from their employment or position by virtue of their membership or service in the military forces of this State or of the United States. (1985, c. 522, s. 1; 2011-183, s. 93.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-13 - Refusing entrance prohibited.

§ 127B-13. Refusing entrance prohibited.
No person shall prohibit or refuse entrance to any officer, warrant officer or enlisted person of the military forces of this State or of the United States into any public place of entertainment, of amusement, or accommodation because the officer or enlisted person is wearing the uniform of the organization to which they belong or because of their membership or service in the military forces of this State or of the United States. (1985, c. 522, s. 1; 2011-183, s. 94.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-14 - Employer discrimination prohibited.

§ 127B-14. Employer discrimination prohibited.
No employer or officer or agent of any corporation, company, or firm, or other person shall discharge any person from employment because of the performance of any emergency military duty by reason of being an officer, warrant officer or enlisted person of the military forces of this State or the United States. (1985, c. 522, s. 1; 2011-183, s. 95.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 2 - Discrimination Against Military Personnel. › § 127B-15 - Penalties.

§ 127B-15. Penalties.
Any person who violates the provisions of this Article shall be deemed guilty of a Class 2 misdemeanor. Each violation shall constitute a separate and distinct offense. (1985, c. 522, s. 1; 1993, c. 539, s. 941; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 3 - Research Collaboration on Health and Other Problems. › § 127B-20 - Collaboration on research to address health and other problems.

§ 127B-20. Collaboration on research to address health and other problems.
(a) The System Office of The University of North Carolina, in collaboration with Operation Re-Entry North Carolina at East Carolina University, North Carolina Translational and Clinical Sciences Institute, other institutions of higher education in this State, the North Carolina National Guard, and the United States Department of Veterans Affairs, shall, to the extent available resources allow, collaborate on research to address the behavioral health problems and challenges facing military personnel, veterans, and their families.
(b) The research required by this section shall be conducted by collaborative research teams which shall include civilian investigators from institutions of higher learning in this State and private research organizations, health providers in regional and national military health system institutions, and providers and investigators in VISN 6 in the VA system. These teams shall aggressively pursue federal funding to conduct the research required by this section.
(c) At a minimum, the research required by this section shall include the following goals:
(1) To define the behavioral health problems facing service members, veterans, and their families, with a special emphasis on the behavioral health needs of the reserve components of the Armed Forces of the United States, including the National Guard.
(2) To develop, implement, and evaluate innovative pilot programs to improve the quality, accessibility, and delivery of behavioral health services provided to this population.
(3) To evaluate the effectiveness of new programs put into place by the National Guard and other military organizations to address the behavioral health challenges facing military service personnel, veterans, and family members. The National Guard shall cooperate in providing information to assess the effectiveness of behavioral health services provided to it and its members.
(4) To contribute to the knowledge of evidence-based behavioral health screening, diagnosis, treatment, and recovery supports for military service personnel, veterans, and their families.
(5) To study other issues pursuant to requests by the various branches of the active and reserve components of the Armed Forces of the United States and the United States Department of Veterans Affairs, in order to improve behavioral health services for service members, veterans, and their families.
(d) Repealed by Session Laws 2021-80, s. 2.3, effective July 8, 2021. (2011-185, s. 10(a)-(d); 2018-12, s. 14; 2021-80, s. 2.3.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-26 - Purpose.

§ 127B-26. Purpose.
This Article is intended to incorporate into State law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, and to extend those rights, benefits, and protections to members of the North Carolina National Guard serving on State active duty and to members of the National Guard of other states serving on state active duty who reside in North Carolina. Nothing in this Article is a restriction or limitation on any of the rights, benefits, and protections granted to a servicemember under federal law. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-27 - Definitions.

§ 127B-27. Definitions.
The following definitions apply in this Article:
(1) Dependent. – As defined in 50 U.S.C. § 3911(4).
(2) Military order. – Official military orders, or any notification, certification, or verification from the servicemember's commanding officer, with respect to the servicemember's current or future military service. In the case of a member of the North Carolina National Guard, this term includes an order from the Governor pursuant to Chapter 127A of the General Statutes, and, in the case of a member of the National Guard of another state, this term includes an order from the governor of that state.
(3) Military service. – Any of the following:
a. As defined in 50 U.S.C. § 3911(2).
b. In the case of a member of the North Carolina National Guard, State active duty under an order of the Governor pursuant to Chapter 127A of the General Statutes, for a period of more than 30 consecutive days.
c. In the case of a member of the National Guard of another state, service under an order of the governor of that state that is similar to State active duty, for a period of more than 30 consecutive days.
(4) Servicemember. – Any of the following:
a. A servicemember, as defined in 50 U.S.C. § 3911(1), who resides in this State.
b. A member of the North Carolina National Guard. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-28 - Incorporation and expansion of federal Servicemembers Civil Relief Act; copy of military order.

§ 127B-28. Incorporation and expansion of federal Servicemembers Civil Relief Act; copy of military order.
(a) The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, apply to a servicemember engaged in military service to the extent the servicemember's military service materially affects the servicemember's ability to comply with his or her obligations.
(b) In the case of a servicemember engaged in military service under G.S. 127B-27(3)b. or c., a person is not subject to the remedies or penalties of this Article unless the servicemember gives to the person a written or electronic copy of the military order no later than 30 days after the military service terminates.
(c) To the extent this section conflicts with another section in this Article, the other section controls.
(d) A violation of the federal Servicemembers Civil Relief Act, as expanded by this section, is a violation of this Article. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-29 - Dependent's rights and protections.

§ 127B-29. Dependent's rights and protections.
A dependent of a servicemember engaged in military service has the same rights and protections provided to a servicemember under G.S. 127B-30 and a dependent under Subchapter III of Chapter 50 of Title 50 of the United States Code. (2019-161, s. 1(a); 2019-243, s. 29.5(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-30 - Termination of contract upon receipt of military order; requirements.

§ 127B-30. Termination of contract upon receipt of military order; requirements.
(a) It is the policy of this State that servicemembers who have entered into certain service contracts and who later receive military orders to relocate to a location that does not support those contracts as determined by the service provider should not be penalized for terminating those contracts.
(b) Termination of Contract. – In addition to the rights and protections regarding consumer transactions, contracts, and service providers provided to a servicemember under Subchapter III of Chapter 50 of Title 50 of the United States Code, a servicemember may terminate a contract described in subsection (c) of this section if the servicemember receives a military order to relocate for a period of military service of at least 90 days to a location that does not support the contract.
(c) Applicability. – This section applies to a prepaid entertainment contract as defined in G.S. 66-118. This section also applies to a contract to provide any of the following services:
(1) Telecommunication service.
(2) Internet service.
(3) Television service.
(4) Satellite radio service.
(d) Notices. – A servicemember shall give to the service provider under the contract written or electronic notice of the termination and a written or electronic copy of the military order. The notice shall state the effective date of the termination. If a servicemember terminates a contract, the service provider shall give to the servicemember written, electronic, or oral notice of the servicemember's rights.
(e) No Early Termination Charge. – For any contract terminated under this section, the service provider shall not impose an early termination charge.
(f) Refund. – Not later than 60 days after the termination date of the contract, the service provider shall refund to the servicemember any fee paid for a service that extends beyond the termination date of the contract.
(g) Unpaid Obligation. – Any tax, liability, or other obligation due and unpaid at the time of the termination remains the obligation of the servicemember.
(h) Resubscription. – If the servicemember resubscribes to the service provided under the contract, the service provider shall not impose any charge or fee other than the usual and customary charges and fees for the installation or acquisition of customer equipment imposed on any other subscriber. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-31 - Stay of court proceedings because of military service.

§ 127B-31. Stay of court proceedings because of military service.
(a) At any stage of any civil action or proceeding in which a servicemember engaged in military service is a party, the court may stay the action or proceeding on its own motion and shall stay the action or proceeding on application by the servicemember, or by a person acting on behalf of the servicemember, unless the court finds that the ability of the servicemember to litigate is not materially affected by his or her military service.
(b) This section applies during the servicemember's military service and within 60 days after the military service terminates. (1997-153, s. 5; 2011-195, s. 1(a); 2019-161, s. 1(b).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-32 - Eviction; penalty or fee; extension of lease.

§ 127B-32. Eviction; penalty or fee; extension of lease.
(a) If a servicemember who is a member of the North Carolina National Guard, or who is a member of the National Guard of another state who resides in this State, has a lease agreement on the servicemember's residence and the lease agreement expires while the servicemember is engaged, for any period of time, in State active duty or service under an order of the governor of another state that is similar to State active duty, the servicemember is entitled to extend the lease agreement to terminate 10 days after the servicemember's State active duty or service terminates upon providing written or electronic notice to the landlord or the landlord's representative. The terms of the lease agreement during this period of extension shall be the same terms that applied during the month before the expiration.
(b) This section applies only to servicemembers who are current on all rents and security deposits required and in good standing regarding the lease agreement. Nothing in this section relieves the servicemember of the obligation to pay rent, fees, dues, or other monies required in the lease agreement on time and in full. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-34 - Violation is unfair or deceptive trade practice.

§ 127B-34. Violation is unfair or deceptive trade practice.
A knowing violation of this Article is an unfair or deceptive trade practice for purposes of Chapter 75 of the General Statutes. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-35 - Action by Attorney General.

§ 127B-35. Action by Attorney General.
(a) Civil Action. – The Attorney General may commence a civil action against any person that violates any provision of this Article.
(b) Remedies. – The court may order any of the following remedies:
(1) Injunction.
(2) Payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember.
(3) Any other remedy provided under Chapter 75 of the General Statutes.
(c) Civil Penalty. – The court may assess a civil penalty not to exceed five thousand dollars ($5,000) per violation. The clear proceeds of civil penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 4 - North Carolina Servicemembers Civil Relief Act. › § 127B-36 - Private right of action.

§ 127B-36. Private right of action.
(a) Civil Action. – A servicemember aggrieved by a person's violation of any provision of this Article may commence a civil action against that person.
(b) Remedies. – The court may order any of the following remedies:
(1) Injunction.
(2) Payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember.
(3) Damages.
(4) Any other remedy provided under Chapter 75 of the General Statutes.
(c) Costs. – A servicemember who prevails in an action under this section may recover attorneys' fees and court costs. (2019-161, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127C - North Carolina Military Affairs Commission › §§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.

§§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.
2023 North Carolina General Statutes › Chapter 127C - North Carolina Military Affairs Commission › § 127C-2 - 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.

§§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.
2023 North Carolina General Statutes › Chapter 127C - North Carolina Military Affairs Commission › § 127C-3 - 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.

§§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.
2023 North Carolina General Statutes › Chapter 127C - North Carolina Military Affairs Commission › § 127C-4 - 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.

§§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.
2023 North Carolina General Statutes › Chapter 127C - North Carolina Military Affairs Commission › § 127C-5 - 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.

§§ 127C-1 through 127C-5: Recodified as G.S. 143B-1310 through G.S. 143B-1314 by Session Laws 2015-241, s. 24.1(l). For effective date, see Editor's Note.
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-1 - No person shall hold more than one office; exception.

§ 128-1. No person shall hold more than one office; exception.
No person who shall hold any office or place of trust or profit under the United States, or any department thereof or under this State, or under any other state or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General Assembly except as provided in G.S. 128-1.1, or by other General Statute. (Const., art. 14, s. 7; Rev., s. 2364; C.S., s. 3200; 1967, c. 24, s. 24; 1969, c. 1070; 1971, c. 697, s. 1; 1983, c. 609, s. 9.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-1.1 - Dual-office holding allowed.

§ 128-1.1. Dual-office holding allowed.
(a) Any person who holds an appointive office, place of trust or profit in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution, to hold concurrently one other appointive office, place of trust or profit, or an elective office in either State or local government.
(b) Any person who holds an elective office in State or local government is hereby authorized by the General Assembly, pursuant to Article VI, Sec. 9 of the North Carolina Constitution to hold concurrently one other appointive office, place of trust or profit, in either State or local government.
(c) Any person who holds an office or position in the federal postal system or is commissioned as a special officer or deputy special officer of the United States Bureau of Indian Affairs is hereby authorized to hold concurrently therewith one position in State or local government.
(c1) Where authorized by federal law, any State or local law enforcement agency may authorize its law enforcement officers to also perform the functions of an officer under 8 U.S.C. § 1357(g) if the agency has a Memorandum of Agreement or Memorandum of Understanding for that purpose with a federal agency. State and local law enforcement officers authorized under this provision are authorized to hold any office or position with the applicable federal agency required to perform the described functions.
(c2) Repealed by Session Laws 2015-201, s. 3(b), effective August 5, 2015.
(d) The term "elective office," as used herein, shall mean any office filled by election by the people when the election is conducted by a county board of elections under the supervision of the State Board of Elections. (1971, c. 697, s. 2; 1975, c. 174; 1987, c. 427, s. 10; 2006-259, s. 24(a); 2011-31, s. 13; 2014-100, s. 14.11(b); 2015-201, s. 3(b); 2015-241, s. 14.30(u); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-1.2 - Ex officio service by county and city representatives and officials.

§ 128-1.2. Ex officio service by county and city representatives and officials.
Except when the resolution of appointment provides otherwise, whenever the governing body of a county or city appoints one of its own members or officials to another board or commission, the individual so appointed is considered to be serving on the other board or commission as a part of the individual's duties of office and shall not be considered to be serving in a separate office.
As used in this section, the term "official" means (i) in the case of a county, the county manager, acting county manager, interim county manager, county attorney, finance officer, or clerk to the board and (ii) in the case of a city, the city manager, acting city manager, interim city manager, city attorney, finance officer, city clerk, or deputy clerk. As used in this section, the term "city" has the meaning provided in G.S. 160A-1. (1983, c. 651, s. 1; 1991, c. 508, s. 5.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-2 - Holding office contrary to the Constitution; penalty.

§ 128-2. Holding office contrary to the Constitution; penalty.
If any person presumes to hold any office, or place of trust or profit, or is elected to a seat in either house of the General Assembly, contrary to Article VI, Sec. 9 of the North Carolina Constitution, he shall forfeit all rights and emoluments incident thereto. (1790, c. 319, P.R.; 1792, c. 366, P.R.; 1793, c. 393, P.R.; 1796, c. 450, P.R.; 1811, c. 811, P.R.; R.C., c. 77, s. 1; Code, s. 1870; Rev., s. 2365; C.S., s. 3201; Ex. Sess., 1924, c. 110; 1971, c. 697, s. 3.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-3 - Bargains for office void.

§ 128-3. Bargains for office void.
All bargains, bonds and assurances made or given for the purchase or sale of any office whatsoever, the sale of which is contrary to law, shall be void. (5 and 6 Edw. VI, c. 16, s. 3; R.C., c. 77, s. 2; Code, s. 1871; Rev., s. 2366; C.S., s. 3202.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-4 - Receiving compensation of subordinates for appointment or retention; removal.

§ 128-4. Receiving compensation of subordinates for appointment or retention; removal.
Any official or employee of this State or any political subdivision thereof, in whose office or under whose supervision are employed one or more subordinate officials or employees who shall, directly or indirectly, receive or demand, for himself or another, any part of the compensation of any such subordinate, as the price of appointment or retention of such subordinate, shall be guilty of a Class 1 misdemeanor: Provided, that this section shall not apply in cases in which an official or employee is given an allowance for the conduct of his office from which he is to compensate himself and his subordinates in such manner as he sees fit. Any person convicted of violating this section, in addition to the criminal penalties, shall be subject to removal from office. The procedure for removal shall be the same as that provided for removal of certain local officials from office by G.S. 128-16 to 128-20, inclusive. (1937, c. 32, ss. 1, 2; 1993, c. 539, s. 942; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-5 - Oath required before acting; penalty.

§ 128-5. Oath required before acting; penalty.
Every officer and other person required to take an oath of office, or an oath for the faithful discharge of any duty imposed on him, and also the oath appointed for such as hold any office of trust or profit in the State, shall take all said oaths before entering on the duties of the office, or the duties imposed on such person, on pain of forfeiting five hundred dollars ($500.00) to the use of the poor of the county in or for which the office is to be used, and of being ejected from his office or place by proper proceedings for that purpose. (R.C., c. 77, s. 4; Code, s. 1873; Rev., s. 2367; C.S., s. 3203.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-6 - Persons admitted to office deemed to hold lawfully.

§ 128-6. Persons admitted to office deemed to hold lawfully.
Any person who shall, by the proper authority, be admitted and sworn into any office, shall be held, deemed, and taken, by force of such admission, to be rightfully in such office until, by judicial sentence, upon a proper proceeding, he shall be ousted therefrom, or his admission thereto be, in due course of law, declared void. (Const., art. 4, s. 25; 1844, c. 38, s. 2; 1848, c. 64, s. 1; R.C., c. 77, s. 3; Code, s. 1872; Rev., s. 2368; C.S., s. 3204.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-7 - Officer to hold until successor qualified.

§ 128-7. Officer to hold until successor qualified.
All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified. (1848, c. 64, s. 2; R.C., c. 77, s. 3; Code, s. 1872; Rev., s. 2368; C.S., s. 3205.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-7.1 - Failure to qualify creates vacancy.

§ 128-7.1. Failure to qualify creates vacancy.
If any person who has been elected to public office (i) dies or becomes disqualified for the office before qualifying for the office, or (ii) for any reason refuses to qualify for the office, the office shall be declared vacant. Unless otherwise provided by law, such vacancy shall be filled by appointment by the authority having the power to fill vacancies as prescribed by law. (1971, c. 183.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-7.2 - Qualifications for appointment to fill vacancy in elective office.

§ 128-7.2. Qualifications for appointment to fill vacancy in elective office.
No person is eligible for appointment to fill a vacancy in any elective office, whether State or local, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. This section is intended to implement the provisions of Section 8 of Article VI of the Constitution. (2007-391, s. 27(a).)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-10 - Citizen to recover funds of county or town retained by delinquent official.

§ 128-10. Citizen to recover funds of county or town retained by delinquent official.
When an official of a county, city or town is liable upon his bond for unlawfully and wrongfully retaining by virtue of his office a fund, or a part thereof, to which the county, city or town is entitled, any citizen and taxpayer may, in his own name for the benefit of the county, city or town, institute suit and recover from the delinquent official the fund so retained. Any county commissioners, aldermen, councilmen or governing board who fraudulently, wrongfully and unlawfully permit an official so to retain funds shall be personally liable therefor; any citizen and taxpayer may, in his own name for the benefit of the county, city or town, institute suit and recover from such county commissioners, aldermen, councilmen, or governing board, the fund so retained. Before instituting suit under this section, the citizen and taxpayer shall file a statement before the county commissioners, treasurer, or other officers authorized by law to institute the suit, setting forth the fund alleged to be retained or permitted to be retained, and demanding that suit be instituted by the authorities authorized to sue within 60 days. The citizen and taxpayer so suing shall receive one-third part, up to the sum of five hundred dollars ($500.00), of the amount recovered, to indemnify him for his services, but the amount received by the taxpayer and citizen as indemnity shall in no case exceed five hundred dollars ($500.00). (1913, c. 80; C.S., s. 3206.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-11 - Trust funds to be kept separate.

§ 128-11. Trust funds to be kept separate.
Any sheriff, treasurer or other officer of any county, city, town or other political subdivision of the State, receiving, by virtue of his office, public money or money to be held by him in trust shall keep or deposit such money or the credits or other evidence thereof separate and apart from his own funds and shall not, at any time, apply such money to his own use or benefit or intermingle the same in any manner with credits or funds of his own. (1931, c. 77, s. 1.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-12 - Violations to be reported; misdemeanors.

§ 128-12. Violations to be reported; misdemeanors.
It shall be the duty of the director of the Local Government Commission to report to the district attorney of the district any violation of G.S. 128-11 of which he may have knowledge, and any violation of such section shall be unlawful and shall constitute a Class 1 misdemeanor. (1931, c. 60, s. 3; 1931, c. 77, s. 2; 1973, c. 47, s. 2; 1993, c. 539, s. 943; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-13 - Officers compensated from fees in certain counties to render statement; penalty; proceeds to school fund.

§ 128-13. Officers compensated from fees in certain counties to render statement; penalty; proceeds to school fund.
Every clerk of the superior court, register of deeds, sheriff, coroner, surveyor, or other county officer, whose compensation or services performed shall be derived from fees, shall render to the board of county commissioners of their respective counties, on the first Monday in December of each year, a statement, verified under oath, showing: first, the total gross amount of all fees collected during the preceding fiscal year; second, the total amount paid out during the preceding fiscal year for clerical or office assistance. Any county officer, subject to this section, who refuses or fails to file such report as above provided, on or before the first Monday in December, shall be subject to a fine of twenty-five dollars ($25.00) and ten dollars ($10.00) additional for each day or fraction of a day such failure shall continue. The board of county commissioners shall assess and collect the penalty above provided for, and supply same to the general school fund of the county. The first report under this section shall be for the fiscal year beginning December 12, 1913.
This section applies only to the Counties of Anson, Bertie, Bladen, Cabarrus, Carteret, Chowan, Currituck, Duplin, Halifax, Harnett, Haywood, Hertford, Johnston, Jones, Moore, Pender, Perquimans, Pitt, Randolph, Richmond, Rowan, Scotland, Union, Vance, Warren, Washington, Wayne, Wilson. (1913, c. 97; Ex. Sess., 1913, c. 10; 1935, c. 390.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-14 - Identification cards for field agents or deputies of State departments.

§ 128-14. Identification cards for field agents or deputies of State departments.
Every field agent or deputy of the various State departments who is authorized to collect money, audit books, inspect premises of individual or business firms and/or any other field work pertaining to the department which he represents, shall be furnished with an identification card signed by the head of the department represented by him, certifying that the said field agent or deputy has authority to represent the department, and such identification card shall carry a photographic likeness of said representative. (1937, c. 236.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-15.2 - Appointment of acting heads of certain agencies.

§ 128-15.2. Appointment of acting heads of certain agencies.
In every case where a State board or commission is authorized by statute to appoint the executive head of a State agency or institution, that board or commission may appoint an acting executive head of that agency or institution to serve
(1) During the physical or mental incapacity of the regular holder of the office to discharge the duties of his office,
(2) During the continued absence of the regular holder of the office, or
(3) During a vacancy in the office and pending the selection and qualification of a person to serve for the unexpired term.
An acting executive head of a State agency or institution appointed in accordance with this section may perform any act and exercise any power which a regularly selected holder of such office could lawfully perform and exercise. All powers granted to an acting executive head of a State agency or institution under this section shall expire immediately
(1) Upon the termination of the incapacity of the officer in whose stead he acts,
(2) Upon the return of the officer in whose stead he acts, or
(3) Upon the selection and qualification of a person to serve for the unexpired term.
Each State board or commission may determine (after such inquiry as it deems appropriate) that the executive head of a State agency or institution whom it is authorized by statute to appoint is physically or mentally incapable of performing the duties of his office. Each such board or commission may also determine that such incapacity has terminated. (1959, c. 284, s. 1.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 1 - General Provisions. › § 128-15.3 - Discrimination against handicapped prohibited in hiring; recruitment, etc., of handicapped persons.

§ 128-15.3. Discrimination against handicapped prohibited in hiring; recruitment, etc., of handicapped persons.
There shall be no discrimination in the hiring policies of the State Human Resources system against any applicant for employment based upon any physical defect or impairment of the applicant unless the defect or impairment to some degree prevents the applicant from performing the duties required by the employment sought.
It shall be the policy of this State to give positive emphasis to the recruitment, evaluation, and employment of physically handicapped persons in State government. To carry out the provisions of this section, the Office of State Human Resources shall develop methods and programs to assist and encourage the departments, institutions, and agencies of State government in carrying out this policy and to provide for appropriate study and review of the employment of handicapped persons. (1971, c. 748; 1973, c. 1299; 2013-382, s. 9.1(c); 2014-115, s. 55.4(c).)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 2 - Removal of Unfit Officers. › § 128-16 - Officers subject to removal; for what offenses.

§ 128-16. Officers subject to removal; for what offenses.
Any sheriff or police officer shall be removed from office by the judge of the superior court, resident in or holding the courts of the district where said officer is resident upon charges made in writing, and hearing thereunder, for the following causes:
(1) For willful or habitual neglect or refusal to perform the duties of his office.
(2) For willful misconduct or maladministration in office.
(3) For corruption.
(4) For extortion.
(5) Upon conviction of a felony.
(6) For intoxication, or upon conviction of being intoxicated. (P.L. 1913, c. 761, s. 20; 1919, c. 288; C.S., s. 3208; 1959, c. 1286; 1961, c. 991; 1973, c. 108, s. 82.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 2 - Removal of Unfit Officers. › § 128-17 - Petition for removal; county attorney to prosecute.

§ 128-17. Petition for removal; county attorney to prosecute.
The complaint or petition shall be entitled in the name of the State of North Carolina, and may be filed upon the relation of any five qualified electors of the county in which the person charged is an officer, upon the approval of the county attorney of such county, or the district attorney of the district, or by any such officer upon his own motion. It shall be the duty of the county attorney or district attorney to appear and prosecute this proceeding. (P.L. 1913, c. 761, s. 21; 1919, c. 288; C.S., s. 3209; 1973, c. 47, s. 2.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 2 - Removal of Unfit Officers. › § 128-18 - Petition filed with clerk; what it shall contain; answer.

§ 128-18. Petition filed with clerk; what it shall contain; answer.
The accused shall be named as defendant, and the petition shall be signed by some elector, or by such officer. The petition shall state the charges against the accused, and may be amended, and shall be filed in the office of the clerk of the superior court of the county in which the person charged is an officer. The accused may at any time prior to the time fixed for hearing file in the office of the clerk of the superior court his answer, which shall be verified. (P.L. 1913, c. 761, s. 22; 1919, c. 288; C.S., s. 3210.)
2023 North Carolina General Statutes › Chapter 128 - Offices and Public Officers › Article 2 - Removal of Unfit Officers. › § 128-19 - Suspension pending hearing; how vacancy filled.

§ 128-19. Suspension pending hearing; how vacancy filled.
Upon the filing of the petition in the office of the clerk of the superior court, and the presentation of the same to the judge, the judge may suspend the accused from office if in his judgment sufficient cause appear from the petition and affidavit, or affidavits, which may be presented in support of the charges contained therein. In case of suspension, as herein provided, the temporary vacancy shall be filled in the manner provided by law for filling of the vacancies in such office. (P.L. 1913, c. 761, s. 23; 1919, c. 288; C.S., s. 3211.)