reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-148 - Commander may prevent trespass and disorder.

§ 127A-148. Commander may prevent trespass and disorder.
The commander upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the campground, parade ground, armory, or other place devoted to that duty, or who shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. The commander may prohibit and prevent the sale or use of all spirituous liquors, wine, ale, beer, or cider, the holding of huckster or auction sales, and all gambling within the limits of the post, campground or place of encampment, parade or drill under his or her command, or within any limits not exceeding one mile therefrom that the commander may prescribe. The commander may in the commander's discretion abate as common nuisance all such sales. (1917, c. 200, s. 94; C.S., s. 6893; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-149 - Power of arrest in certain emergencies.

§ 127A-149. Power of arrest in certain emergencies.
In the event members of the North Carolina National Guard or State defense militia are called out by the Governor pursuant to the authority vested in the Governor by the Constitution, they shall have the power of arrest reasonably necessary to accomplish the purpose for which they have been called out. (1959, c. 453; 1963, c. 1019, s. 11; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-150 - Immunity of guardsmen from civil and criminal liability.

§ 127A-150. Immunity of guardsmen from civil and criminal liability.
(a) A member of the North Carolina National Guard or State defense militia, while acting in aid of civil authorities and in the line of duty, shall have the immunities of a law-enforcement officer.
(b) Members of the North Carolina National Guard or State defense militia shall have the immunities of a law-enforcement officer whenever they are called upon to execute the laws; engage in disaster relief; suppress or prevent actual or threatened riot or insurrection; repel invasion; or apprehend or disperse any sniper, rioters, mob or unlawful assembly.
(c) Any civil claim against a member of the North Carolina National Guard or State defense militia allegedly arising from the action or inaction of the member of the North Carolina National Guard or State defense militia while in line of duty shall be filed within two years of the date of the occurrence or forever barred. (1969, c. 969; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-151 - Organizing company without authority.

§ 127A-151. Organizing company without authority.
If any person shall organize a military company, or drill or parade under arms as a military body, except under the militia laws and regulations of the State, or shall exercise or attempt to exercise the power or authority of a military officer in this State, without holding a commission from the Governor, the person shall be guilty of a Class 1 misdemeanor. (1893, c. 374, s. 38; Rev., s. 3538; C.S., s. 6894; 1975, c. 604, s. 2; 1993, c. 539, s. 937; 1994, Ex. Sess., c. 24, s. 14(c); 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-152 - Placing name on muster roll wrongfully.

§ 127A-152. Placing name on muster roll wrongfully.
If any officer of the militia of the State shall knowingly or willfully place, or cause to be placed, on any muster roll the name of any person not regularly or lawfully enlisted, or the name of any enlisted member who is dead or who has been discharged, transferred, or has lost membership for any cause whatsoever, or who has been convicted of any infamous crime, the officer shall be guilty of a Class 1 misdemeanor. (1893, c. 374, s. 33; Rev., s. 3539; C.S., s. 6895; 1975, c. 604, s. 2; 1993, c. 539, s. 938; 1994, Ex. Sess., c. 24, s. 14(c); 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-153 - Protection of uniform.

§ 127A-153. Protection of uniform.
(a) The wearing of any military uniform of the United States by members of the militia shall be pursuant to applicable regulations promulgated by the respective branches of the Armed Forces of the United States and regulations of the Adjutant General of North Carolina not inconsistent with federal uniform regulations.
(b) The wearing of any military uniform of the State by members of the militia shall be pursuant to applicable regulations promulgated by the Adjutant General of North Carolina.
(c) Members of the militia who violate the regulations referred to in subsections (a) and (b) of this section shall, upon conviction by a court-martial, be punished in like manner and to the extent prescribed by Article 134 of the Uniform Code of Military Justice and Manual for Courts-Martial, United States, as shall be in use by the Armed Forces of the United States at the time of the offense.
(d) Persons not subject to courts-martial who violate the regulations referred to in subsections (a) and (b) of this section may be charged and tried in the State courts and upon conviction shall be punished as provided in subsection (c) of this section. (1921, c. 120, s. 12; C.S., s. 6895(a); 1963, c. 1017; 1975, c. 604, s. 2; 2010-193, s. 22; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-154 - Upkeep of properties.

§ 127A-154. Upkeep of properties.
There shall be paid from the appropriations for the North Carolina National Guard the amounts necessary for the maintenance, upkeep, and improvement of State military properties and facilities. Provided, these expenditures shall be approved and authorized by the Governor. (1921, c. 120, s. 13; C.S., s. 6895(b); 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 12 - General Provisions. › § 127A-155 - When officers authorized to administer oaths.

§ 127A-155. When officers authorized to administer oaths.
Officers of the North Carolina National Guard are authorized to administer oaths in all circumstances pertaining to any military matter whenever an oath is required. (1949, c. 1130, s. 6; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-161 - Definitions.

§ 127A-161. Definitions.
As used in this Article, the following terms mean:
(1) Armory. – Any building or building complex and related facilities, including the lands for them, which are intended to be utilized by the militia for training, administration, storage, and the maintenance and servicing of equipment.
(2) Armory site. – That land, meeting federal and State specifications, upon which an armory may be constructed.
(3) Department. – The North Carolina Department of Public Safety.
(4) Facilities. – Those adjuncts to an armory, including but not limited to yards, storage buildings, sheds, ramps, racks, target ranges, furniture, fixtures and other equipment and installations.
(5) Funds. – Any monies appropriated by any municipality, county, the State or the United States government and made available for the purpose of acquiring armory sites or constructing or repairing any armory, warehouse, or other facility for the use of any unit or for any other purpose in connection with the housing, training, instruction or promotion of the interest of any unit.
(6) Municipality. – Any incorporated city, town or village.
(7) Unit. – Any organizational entity of the militia. (1947, c. 1010, s. 1; 1973, c. 620, s. 9; 1975, c. 604, s. 2; 1977, c. 70, s. 2; 2011-145, s. 19.1(g); 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-162 - Authority to foster development of armories and facilities.

§ 127A-162. Authority to foster development of armories and facilities.
The Department of Public Safety is authorized and empowered to foster the development in North Carolina of adequate armories and other necessary facilities for the proper housing, instruction, training and administration of all units and facilities necessary for the proper protection, care, maintenance, repair, issue and upkeep of public and military property issued to or for the use of any unit. (1947, c. 1010, s. 4; 1973, c. 620, s. 9; 1975, c. 604, s. 2; 1977, c. 70, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-163 - Powers of Department specified.

§ 127A-163. Powers of Department specified.
The Department of Public Safety is further authorized and empowered:
(1) To act as an agency of the State of North Carolina for the purpose of setting up and administering any statewide plan for the acquisition of armories and armory sites, for the construction and maintenance of armories and for providing facilities which are now or may be necessary in order to comply with any federal law and in order to receive, administer and disburse any funds which may be provided by act of Congress for such purpose;
(2) When acting as an agency of the State of North Carolina under subdivision (1) of this section, to promulgate statewide plans for the acquisition of armories and armory sites, for the construction and maintenance of armories and other facilities that are desirable or necessary to meet the requirements and receive the benefits of any federal legislation with respect thereto;
(3) To receive and administer any funds which may be appropriated by any act of Congress or otherwise for the acquisition of armories and armory sites, for the construction and maintenance of armories, and for providing facilities that may at any time become available for those purposes;
(4) To receive and administer any other funds which may be available in furtherance of any activity in which the Department of Public Safety is authorized and empowered to engage under the provisions of this Article; and
(5) To adopt rules to carry out the intent and purpose of this Article. (1947, c. 1010, s. 5; 1973, c. 620, s. 9; 1975, c. 604, s. 2; 1977, c. 70, s. 2; 2011-145, s. 19.1(g); 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-164 - Power to acquire land, make contracts, etc.

§ 127A-164. Power to acquire land, make contracts, etc.
In furtherance of the duties, power, and authority given herein, the Department of Public Safety is authorized and empowered within the limitations of G.S. 143-341 to accept and hold title to real property in the name of the State of North Carolina, and to enter in contracts and do any and all things necessary to carry out any statewide programs for the acquisition of armories and armory sites, the construction and maintenance of armories, and to provide facilities which may be considered by it as necessary for any unit and which may be authorized by act of Congress or otherwise. (1947, c. 1010, s. 6; 1973, c. 620, s. 9; 1975, c. 604, s. 2; 1977, c. 70, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-165 - Counties and municipalities may lease, convey or acquire property for use as armory.

§ 127A-165. Counties and municipalities may lease, convey or acquire property for use as armory.
Every municipality and county of the State of North Carolina is hereby authorized and empowered to lease or convey by deed to the State of North Carolina:
(1) Any existing armory and the land adjacent thereto;
(2) Any real property suitable for the construction of an armory, warehouse or other facility; and
(3) Any real property suitable for use in the administration, instruction and training of any unit.
Every municipality and county is further authorized and empowered to acquire any real property which may be suitable for use as an armory or for the construction of an armory thereon, or for any other purpose of a unit. The contracting of an indebtedness and the expenditure of public funds by any municipality or county to comply with the provisions of this Article are hereby declared to be a necessary expense and for a public purpose. (1947, c. 1010, s. 7; 1949, c. 1066, s. 1; 1975, c. 604, s. 2.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-166 - Prior conveyances validated.

§ 127A-166. Prior conveyances validated.
All conveyances of real property made before April 20, 1949, by any municipality or county of the State of North Carolina to the State of North Carolina for armory purposes are hereby validated and ratified in every respect. (1949, c. 1066, s. 2; 1975, c. 604, s. 2.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-167 - Appropriations to supplement available funds authorized.

§ 127A-167. Appropriations to supplement available funds authorized.
Any city or town and any county in the State, separately or jointly, may make appropriations to supplement available federal or State funds to be used for the construction of armory facilities for the North Carolina National Guard. Appropriations made under authority of this Article shall be in the amounts and in the proportions deemed adequate and necessary by the governing body of the county and/or municipality desiring to participate in the armory construction program. (1955, c. 1181, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-168 - Local financial support.

§ 127A-168. Local financial support.
Each county and city in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues whose use is not otherwise restricted by law. (1955, c. 1181, s. 2; 1961, c. 1042; 1973, c. 803, s. 12; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 13 - Armories. › § 127A-169 - Unexpended portion of State appropriation.

§ 127A-169. Unexpended portion of State appropriation.
The unexpended portion of any appropriation from the General Fund of the State for the purposes set out in this Article, or in Article 17 of this Chapter, remaining at the end of any biennium, shall not revert to the General Fund of the State, but shall constitute part of a permanent fund to be expended from time to time in the manner and for the purposes set out in this Article. (1949, c. 1202, s. 2; 1975, c. 604, s. 2; 2011-195, s. 1(a); 2013-360, s. 36.11(f).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-175 - Purposes.

§ 127A-175. Purposes.
(a) Provide for mutual aid among the party states in the utilization of the National Guard to cope with emergencies.
(b) Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.
(c) Maximize the effectiveness of the National Guard in those situations which call for its utilization under this Compact.
(d) Provide protection for the rights of National Guard personnel when serving in other states on emergency duty. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-176 - Entry into force and withdrawal.

§ 127A-176. Entry into force and withdrawal.
(a) This Compact shall enter into force when enacted into law by any two states. Thereafter, this Compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. (1969, c. 674, s. 1; 1975, c. 604, s. 2.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-178 - Delegation.

§ 127A-178. Delegation.
Nothing in this Compact shall be construed to prevent the governor of a party state from delegating any of the governor's responsibilities or authority respecting the National Guard, provided that such delegation is otherwise in accordance with law. For purposes of this Compact, however, the governor shall not delegate the power to request assistance from another state. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-179 - Limitations.

§ 127A-179. Limitations.
Nothing in this Compact shall:
(1) Expand or add to the functions of the National Guard, except with respect to the jurisdictions within which such functions may be performed;
(2) Authorize or permit National Guard units to be placed under the field command of any person not having the military or National Guard rank or status required by law for the field command position in question. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-180 - Construction and severability.

§ 127A-180. Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. (1969, c. 674, s. 1; 1975, c. 604, s. 2.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-181 - Payment of liability to responding state.

§ 127A-181. Payment of liability to responding state.
Upon presentation of a claim therefor by an appropriate authority of a state whose National Guard forces have aided this State pursuant to the Compact, any liability of this State pursuant to G.S. 127A-177(f) shall be paid out of the general fund. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-182 - Status, rights and benefits of forces engaged pursuant to Compact.

§ 127A-182. Status, rights and benefits of forces engaged pursuant to Compact.
In accordance with G.S. 127A-177(h), members of the National Guard forces of this State shall be deemed to be in State service at all times when engaged pursuant to this Compact, and shall be entitled to all rights and benefits provided pursuant to the laws of this State. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-183 - Injury or death while going to or returning from duty.

§ 127A-183. Injury or death while going to or returning from duty.
All benefits to be paid under G.S. 127A-177(h) shall include any injury or death sustained while going to or returning from such duty. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 14 - National Guard Mutual Assistance Compact. › § 127A-184 - Authority of responding state required to relieve from assignment or reassign officers.

§ 127A-184. Authority of responding state required to relieve from assignment or reassign officers.
Nothing in this Compact shall authorize or permit state officials or military officers of the requesting state to relieve from assignment or reassign officers or noncommissioned officers of National Guard units of the responding state without authorization by the appropriate authorities of the responding state. (1969, c. 674, s. 1; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › § 127A-190 - Short title.

§ 127A-190. Short title.
This Article shall be known and may be cited as the North Carolina National Guard Tuition Assistance Act of 1975. (1975, c. 917, s. 2; 2010-31, s. 17.3(b); recodified from N.C. Gen. Stat. § 116-209.50 by 2021-180, s. 19E.1(b), (c).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › § 127A-191 - Purpose.

§ 127A-191. Purpose.
The General Assembly of North Carolina, recognizing that the North Carolina National Guard is the only organized, trained and equipped military force subject to the control of the State, hereby establishes a program of tuition assistance for qualifying guard members for the purpose of encouraging voluntary membership in the North Carolina National Guard, improving the educational level of its members, and thereby benefiting the State as a whole. (1975, c. 917, s. 3; 2009-281, s. 1; 2010-31, s. 17.3(b); 2011-183, s. 85; recodified from N.C. Gen. Stat. § 116-209.51 by 2021-180, s. 19E.1(b), (c).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › § 127A-192 - Definitions.

§ 127A-192. Definitions.
The following definitions apply in this Article:
(1) Academic year. – The annual enrollment period used by the Secretary.
(2) Private educational institutions. – Any junior college, senior college or university which is operated and governed by private interests not under the control of the federal, State or any local government, which is located within and licensed by the State of North Carolina, which does not operate for profit, whose curriculum is primarily directed toward the awarding of associate, baccalaureate or graduate degrees, which agrees to the applicable administration and funding provisions of this Article.
(3) Proprietary school. – An educational institution that is (i) defined as a proprietary school in G.S. 115D-87(2), (ii) licensed by the State Board of Community Colleges, or (iii) listed by the North Carolina State Approving Agency for Veterans and Military Education as an approved proprietary school for purposes of this Article.
(4) Secretary. – The Secretary of Public Safety or the Secretary's designee.
(5) State educational institutions. – Any of the constituent institutions of the University of North Carolina, or any community college operated under the provisions of Chapter 115D of the General Statutes of North Carolina.
(6) Student loan. – A loan or loans made to eligible students or parents of students to aid in attaining an education beyond the high school level. (1975, c. 917, s. 4; 1977, c. 70, s. 2; c. 228, s. 1; 1987, c. 564, s. 24; 2008-94, s. 2; 2010-31, s. 17.3(b), (c); 2015-264, s. 66(a); recodified from N.C. Gen. Stat. § 116-209.52 by 2021-180, s. 19E.1(b), (c).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › § 127A-193 - Benefit.

§ 127A-193. Benefit.
The benefit provided under this Article shall consist of a monetary educational assistance grant not to exceed the highest amount charged by a State educational institution per academic year or a lesser amount, as prescribed by the Secretary, to remain within the funds appropriated, to qualifying members of the North Carolina National Guard. Benefits provided under G.S. 127A-195(g) shall be payable for a period of one year at a time, renewable at the option of the Secretary. All other benefits provided under this Article shall be payable for a period of one academic year at a time, renewable at the option of the Secretary. (1975, c. 917, s. 5; 1977, c. 228, s. 2; 1983 (Reg. Sess., 1984), c. 1034, ss. 99, 100; 1993 (Reg. Sess., 1994), c. 769, s. 22.3; 2000-67, s. 18; 2005-444, s. 1; 2008-94, s. 3; 2010-31, s. 17.3(b), (c); recodified from N.C. Gen. Stat. § 116-209.53 by 2021-180, s. 19E.1(b), (c).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › § 127A-194 - Eligibility.

§ 127A-194. Eligibility.
(a) Active members of the North Carolina National Guard who are enrolled or who shall enroll in any proprietary school, private educational institution, or State educational institution shall be eligible to apply for this tuition assistance benefit: Provided, that the applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the end of the academic period for which tuition assistance is provided or that the applicant commit himself or herself to extended membership for at least two additional years from the end of that academic period.
(b) This tuition assistance benefit shall be applicable to students in the following categories:
(1) Students seeking to achieve completion of their secondary school education at a community college or technical institute.
(2) Students seeking trade or vocational training or education.
(3) Students seeking to achieve a two-year associate degree.
(4) Students seeking to achieve a four-year baccalaureate degree.
(5) Students seeking to achieve a graduate degree.
(6) Students enrolled in a program granting a graduate certificate.
(7) Students enrolled in a professional certification program recommended by the Director of the North Carolina National Guard Education and Employment Center and approved by the North Carolina National Guard Education Services Officer.
(c) The following persons shall be eligible to apply for disbursements to pay outstanding student loans pursuant to G.S. 127A-195(g):
(1) Persons described in subsections (a) and (b) of this section.
(2) Active members of the North Carolina National Guard who were previously enrolled in any proprietary school, private educational institution, or State educational institution, but only if:
a. The applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the time of the application; or
b. The applicant commits himself or herself to extended membership for at least two additional years from the time of the application. (1975, c. 917, s. 6; 1977, c. 228, ss. 3, 4; 2008-94, s. 4; 2010-31, s. 17.3(b), (c); 2011-183, s. 86(a), (b); 2015-264, s. 66(b); 2015-298, s. 1; 2017-155, s. 3; recodified from N.C. Gen. Stat. § 116-209.54 by 2021-180, s. 19E.1(b), (c).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › §§ 127A-196: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.

§ 127A-196: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › §§ 127A-197: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.

§ 127A-197: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › §§ 127A-198: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.

§ 127A-198: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › §§ 127A-199: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.

§ 127A-199: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 15 - North Carolina National Guard Tuition Assistance Act of 1975. › §§ 127A-200: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.

§ 127A-200: Recodified as Part 2 of Article 23 of Chapter 116, G.S. 116-209.50 through 116-209.55, by Session Laws 2010-31, s. 17.3(b), effective July 1, 2010.
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 16 - National Guard Reemployment Rights. › § 127A-201 - Entitlement.

§ 127A-201. Entitlement.
Any member of the North Carolina National Guard or the National Guard of another state who, at the direction of a state's Governor, enters state duty, is entitled, upon honorable release from state duty, to all the reemployment rights provided for in this Article. (1979, c. 155, s. 1; 2015-161, s. 1; 2017-156, s. 1.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 16 - National Guard Reemployment Rights. › § 127A-201.1 - Definitions.

§ 127A-201.1. Definitions.
The following definitions apply in this Article:
(1) Benefit of employment. – A term, condition, or privilege of employment, including any wages, salary, advantage, profit, privilege, gain, status, account, or interest that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice. The definition also includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.
(2) Qualified. – Having the ability to perform the essential tasks of an employment position.
(3) Seniority. – Longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.
(4) State duty. – Any of the following:
a. In the case of a member of the North Carolina National Guard, State active duty under an order of the Governor pursuant to this Chapter.
b. In the case of a member of the National Guard of another state, service under an order of the governor of that state, which is similar to State active duty. (2017-156, s. 1.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 16 - National Guard Reemployment Rights. › § 127A-202 - Rights.

§ 127A-202. Rights.
(a) Release From State Duty. – Upon an employee's release from state duty, the employee's previous employer shall reemploy the employee in the employee's previous position within five days of the employee's release from state duty. If the employee's state duty lasted 30 days or less, the employee shall make written application to the employee's previous employer for reemployment no later than the first regularly scheduled work period that begins 24 hours after the employee has safely traveled from the place of state service to the employee's residence. If the employee's state duty lasted more than 30 days, the employee shall make written application to the employee's previous employer for reemployment within 14 days of the employee's release from state duty. If the employee is still qualified for the employee's previous employment, the employee shall be restored to the employee's previous position or to a position of like seniority, status, and salary, unless the employer's circumstances at that time make the restoration unreasonable. If the employee is no longer qualified for the employee's previous employment, the employee shall be placed in another position for which the employee is qualified and that will give the employee appropriate seniority, status, and salary, unless the employer's circumstances at that time make the placement unreasonable.
(b) Period of Recovery. – Notwithstanding the time limitations of subsection (a) of this section, if an employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of state duty, the employee shall make written application for reemployment within the period of recovery. The period of recovery is the period necessary for the employee to recover from the illness or injury, not to exceed two years unless the Commissioner of Labor extends the period. The Commissioner may extend the two-year period of recovery only if (i) the employee files with the Commissioner a written request for extension at least 15 days prior to the expiration of the two-year period of recovery and (ii) the Commissioner finds that reemployment during the two-year period would place an undue burden on the employee. The Commissioner, if extending the two-year period of recovery, shall notify the employee's previous employer of the amount of the extension. A party who is dissatisfied with a decision of the Commissioner may commence a contested case under Article 3 of Chapter 150B of the General Statutes. (1979, c. 155, s. 1; 2011-195, s. 1(a); 2017-156, s. 1; 2018-136, 3rd Ex. Sess., s. 5.9.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 16 - National Guard Reemployment Rights. › § 127A-202.1 - Discrimination against persons who serve in the National Guard and acts of reprisal prohibited.

§ 127A-202.1. Discrimination against persons who serve in the National Guard and acts of reprisal prohibited.
(a) It is the policy of this State that all individuals shall be afforded the right to perform, apply to perform, or have an obligation to perform service in the North Carolina National Guard or the National Guard of another state without fear of discrimination or retaliatory action from their employer or prospective employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
(b) An individual who is a member of the North Carolina National Guard or the National Guard of another state who performs, has performed, applies to perform, or has an obligation to perform service in the North Carolina National Guard or the National Guard of another state shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
(c) A person shall be considered to have denied a member of the North Carolina National Guard or the National Guard of another state initial employment, reemployment, retention in employment, promotion, or a benefit of employment in violation of this section if the member's membership, application for membership, performance of service, application for service, or obligation for service in the North Carolina National Guard or the National Guard of another state is a motivating factor in that person's action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service, or obligation.
(d) Nothing in this section shall be construed to require a person to pay salary or wages to a member of the North Carolina National Guard or of the National Guard of another state during the member's period of active service.
(e) The Commissioner of Labor shall enforce the provisions of this section according to Article 21 of Chapter 95 of the General Statutes, including the rules and regulations issued pursuant to that Article.
(f) This section shall also apply when a member of the North Carolina National Guard or the National Guard of another state is called into active duty at the direction of the President, the Governor, or by any other competent authority. (1997-153, s. 1; 2004-130, s. 3; 2015-161, s. 2.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 16 - National Guard Reemployment Rights. › § 127A-203 - Penalties for denial.

§ 127A-203. Penalties for denial.
If any employer, public or private, fails or refuses to comply with G.S. 127A-202, the superior court for the district of the employer's place of business may, upon the filing of a motion, petition, or other appropriate pleading by the employee, require the employer to comply with G.S. 127A-202 and to compensate the employee for any loss of wages or benefits of employment suffered by reason of the employer's unlawful failure or refusal. (1979, c. 155, s. 1; 2017-156, s. 1.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 17 - Armory and Facility Development Projects and Plan. › § 127A-210 - Armory and facility development project plan.

§ 127A-210. Armory and facility development project plan.
(a) Plan Prepared. – No later than July 1 of each year, the Department of Public Safety shall prepare a statewide plan for armories for a period of seven years into the future. The plan shall be known as the Armory and Facilities Development Plan. If the plan differs from the Armory and Facilities Development Plan adopted for the preceding calendar year, the Department shall indicate the changes and the reasons for such changes. The Department shall submit the plan to the Director of the Budget for review.
(b) Projects Listed. – The plan shall list the following armory and facilities projects based on their status as of May 1 of the year in which the plan is prepared:
(1) Projects approved by the Congress of the United States but for which federal funds have not been appropriated.
(2) Projects for which the Congress of the United States has appropriated funds.
(c) Project Priorities and Funding Recommendations. – The Department shall assign a priority to each project within each of the two categories listed under subsection (b) of this section, either by giving the project a number with "1" assigned to the highest priority, or by recommending no funding. The Department shall state its reasons for recommending the funding, deferral, or elimination of a project. The Department shall determine the priority of a project based on the following criteria: federal requirements, a project's proximity to transportation infrastructure and other critical State and federal assets, and a project's ability to further the mission of the National Guard.
(d) Distribution of the Plan. – The Director of the Budget shall provide copies of the plan to the General Assembly along with the recommended biennial budget and the recommended revised budget for the second year of the biennium.
(e) Budget Recommendations. – The Director of the Budget shall determine which projects, if any, will be included in the recommended biennial budget and in the recommended revised budget for the second year of the biennium. The budget document transmitted to the General Assembly shall identify the projects or types of projects recommended for funding.
(f) Definitions. – For purposes of this section, the terms "armory," "armory site," and "facilities" shall have the same meaning as in G.S. 127A-161. (2013-360, s. 36.11(e).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 18 - Tarheel Challenge Academy. › § 127A-220 - Purpose; establishment.

§ 127A-220. Purpose; establishment.
The purpose of this Article is to authorize the North Carolina National Guard's Tarheel Challenge Academy to operate independently of existing schools. The Tarheel Challenge Academy is established as a Division of the North Carolina National Guard. The Tarheel Challenge Academy shall satisfy all of the following:
(1) Exist as a cost-free program.
(2) Be housed for administrative purposes within the North Carolina National Guard.
(3) Be a community-based school that leads, trains, and mentors at-risk youth.
(4) Be designated as an approved alternative learning program, as defined in this Article, and an innovative school option.
(5) Create at least a 22-week residential program that requires a 12-month post-residential mentoring period.
(6) Improve life skills and employment potential of participants by providing quasi-military based training and supervised work experience.
(7) Teach the "8 Core Components" of academic excellence, job skills, health and hygiene, physical fitness, life coping skills, responsible citizenship, leadership, and service to community.
(8) Increase opportunity for participants to receive a high school diploma or its equivalent.
(9) Enjoy the full cooperation of other State and local agencies in carrying out its program. (2021-180, s. 19E.2(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 18 - Tarheel Challenge Academy. › § 127A-221 - Definitions.

§ 127A-221. Definitions.
The following definitions apply for the purposes of this Article:
(1) Academy. – Tarheel Challenge Academy, a Division of the North Carolina National Guard.
(2) Alternative learning program. – A program offered by the Academy that provides specialized services for at-risk students outside of a standard classroom setting. Services should be designed to meet the needs of students who have not been successful in the traditional school setting.
(3) Eligible participant. – An individual who meets all of the following criteria:
a. Is a minimum of 16 years of age and a maximum of 18 years of age at the time of entry into the program.
b. Has failed to complete or has left school for any reason before graduation or completion of a program of studies without transferring to another school and has not received a certificate from a program of equivalency or has not progressed in a traditional high school setting.
c. A citizen or legal resident of the United States.
d. Unemployed or underemployed.
e. Not currently on parole or probation and not accused or convicted of a crime that would be considered a felony if the individual was an adult.
f. Free from use of illegal drugs or substances.
g. Physically and mentally capable to participate in the alternative learning program. (2021-180, s. 19E.2(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 18 - Tarheel Challenge Academy. › § 127A-222 - Administration; supervision.

§ 127A-222. Administration; supervision.
The general supervision and administration of the Academy shall be vested in the North Carolina National Guard Adjutant General. It shall be the duty of the Adjutant General or his or her designee to do all of the following:
(1) Create a written document that incorporates the terms and conditions imposed on the Academy by the Federal Youth Challenge Program.
(2) Organize and establish all rules and regulations for the Academy, as necessary.
(3) Direct and control all Academy personnel matters.
(4) Oversee and direct the administration and functioning of the alternative learning program offered by the Academy. (2021-180, s. 19E.2(a).)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-1 - Military property sales facility defined.

§127B-1. Military property sales facility defined.
Any person, partnership, association or corporation who engages in the business of selling, consigning, purchasing, transferring or in any way acquiring military property for resale, is a "military property sales facility". Specifically excluded are facilities operated by the United States Government, the State of North Carolina or any of its agencies and persons, partnerships, associations or corporations selling or purchasing military property pursuant to a contract with the United States Government, the State of North Carolina or any of its agencies. (1985, c. 522, s. 1.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-2 - Military property defined.

§ 127B-2. Military property defined.
"Military property" means property originally manufactured for the United States or State of North Carolina which is a type and kind issued for use in, or furnished and intended for, the Armed Forces of the United States or the militia of the State of North Carolina. (1985, c. 522, s. 1; 2011-183, s. 91.)
2023 North Carolina General Statutes › Chapter 127B - Military Affairs › Article 1 - Military Property Sales Facilities. › § 127B-3 - License.

§ 127B-3. License.
No person, partnership, association or corporation shall engage in the business of selling military property or purchasing military property for resale without first having obtained a license to do so from the local governing body of the city, town, or county in which it is located and by paying the county, State, and municipal tax required by law, and otherwise complying with the requirements made in this and succeeding sections. The license shall be posted in a prominent place, easily visible to the public, on the designated premises. (1985, c. 522, s. 1.)