Chapter 143 State Departments, Institutions, and Commissions
Article 1 - Executive Budget Act.
- § 143-1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.4 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.5 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-3.6 Expired
- § 143-3.7 Repealed by Session Laws 1997-443, s. 23(b)
- § 143-4 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-4.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-5 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-6 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-6.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-6.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-7 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-8 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-9 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-10 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-10.1 Repealed by Session Laws 1991, c. 689, s. 342
- § 143-10.1A Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-10.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-10.3 through 143-10.6 Repealed by Session Laws 2001-424, s. 12.2(a), effective July 1, 2001
- § 143-10.7 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-11 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-11.1 Repealed by Session Laws 1983, c. 717, s. 55
- § 143-12 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-12.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-13 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-14 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3A Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3B Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3C Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3D Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.3E Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-15.4 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.4 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.5 Repealed by Session Laws 1999-237, s. 19a, effective June 30, 1999, and applicable to agreements entered on or after November 15, 1998
- § 143-16.6 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-16.7 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-17 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-18 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-18.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-19 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-20 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-20.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-21 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-22 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-23 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-23.1 Repealed by Session Laws 1985, c. 290, s. 4, effective July 1, 1985
- § 143-23.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-23.3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-24 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-25 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-26 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-27 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-27.1 Repealed by Session Laws 1979, 2nd Session, c. 1137, s. 43
- § 143-27.2 (Recodified effective July 1, 2007) Discontinued service retirement allowance and severance wages for certain State employees
(a) When the Director of the Budget determines that the closing of a State institution or a reduction in force will accomplish economies in the...
- § 143-28 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-28.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-29 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-30 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-31 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-31.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-31.2 (Recodified effective July 1, 2007) Appropriation, allotment, and expenditure of funds for historic and archeological property
The Department of Cultural Resources may not expend any State funds for the acquisition, preservation, restoration, or operation of historic or archeological real and personal...
- § 143-31.3 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-31.4 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-31.5 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-32 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-33 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.1 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.2 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.3 Repealed by Session Laws 1977, c. 802, s. 15.20
- § 143-34.4 Recodified as § 120-36.6 by Session Laws 1983 (Regular Session 1984), c. 1034, s. 177.1
- § 143-34.5 Repealed by Sessions Laws 1985, c. 479, s. 160
- § 143-34.6 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.7 Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.8 Reserved for future codification purposes
- § 143-34.9 Reserved for future codification purposes
Article 1A - Periodic Review of Certain State Agencies.
Article 1.2 - Legislative Committee on Agency Review.
Article 1B - Capital Improvement Planning Act.
- § 143-34.40 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.41 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.42 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.43 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.44 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-34.45 Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
Article 2 - State Personnel Department.
Article 2A - Incentive Award Program for State Employees.
Article 2B - Notice of Appointments to Public Offices.
- § 143-47.6 Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Appointing authority" means the Governor, Chief Justice of the Supreme Court, Lieutenant Governor,...
- § 143-47.7 Notice and record of appointment required
(a) Within 30 days after acceptance of appointment by a person appointed to public office, the appointing authority shall file written notice of the appointment...
- § 143-47.8 Repealed by Session Laws 2003-374, s. 3, effective August 31, 2003
- § 143-47.9 Subsistence, per diem compensation, and travel allowances conditioned on filing of notice
No person who has been appointed to any public office and has accepted that appointment shall be entitled to receive subsistence, per diem compensation, or...
- § 143-47.10 through 143-47.14 Reserved for future codification purposes
Article 2C - Limit on Number of State Employees.
Article 2D - North Carolina Board for Need-Based Student Loans.
Article 3 - Purchases and Contracts.
- § 143-48 State policy; cooperation in promoting the use of small contractors, minority contractors, physically handicapped contractors, and women contractors; purpose; required annual reports
(a) Policy. It is the policy of this State to encourage and promote the use of small contractors, minority contractors, physically handicapped contractors, and women...
- § 143-48.1 Medicaid program exemption
(a) This Article shall not apply to any capitation arrangement or prepaid health service arrangement implemented or administered by the North Carolina Department of Health...
- § 143-48.2 Procurement program for nonprofit work centers for the blind and the severely disabled
(a) An agency subject to the provisions of this Article for the procurement of goods may purchase goods directly from a nonprofit work center for...
- § 143-48.3 Electronic procurement
(a) The Department of Administration shall develop and maintain electronic or digital standards for procurement. The Department of Administration shall consult with the Office of...
- § 143-48.4 Statewide uniform certification of historically underutilized businesses
(a) In addition to the powers and duties provided in G.S. 143‑49, the Secretary of Administration shall have the power, authority, and duty to: (1)...
- § 143-49 Powers and duties of Secretary
The Secretary of Administration shall have power and authority, and it shall be his duty, subject to the provisions of this Article: (1) To canvass...
- § 143-49.1 Purchases by volunteer nonprofit fire department and lifesaving and rescue squad
In consideration of public service, any volunteer nonprofit fire department, lifesaving and rescue squad in this State may purchase gas, oil, and tires for their...
- § 143-50 Certain contractual powers exercised by other departments transferred to Secretary
All rights, powers, duties and authority relating to State printing, or to the acquisition of supplies, materials, equipment, and contractual services, now imposed upon or...
- § 143-51 Reports to Secretary required of all agencies as to needs
It shall be the duty of all departments, institutions, or agencies of the State government to furnish to the Secretary of Administration when requested, and...
- § 143-52 Competitive bidding procedure; consolidation of estimates by Secretary; bids; awarding of contracts
As feasible, the Secretary of Administration will compile and consolidate all such estimates of supplies, materials, printing, equipment and contractual services needed and required by...
- § 143-52.1 Board of Awards
(a) There is created the Board of Awards. The Board shall consist of three members at a time, appointed by the Chair of the Commission....
- § 143-53 Rules
(a) The Secretary of Administration may adopt rules governing the following: (1) Prescribing the routine and procedures to be followed in canvassing bids and awarding...
- § 143-53.1 Setting of benchmarks; increase by Secretary
On and after July 1, 1997, the procedures prescribed by G.S. 143‑52 with respect to competitive bids and the bid value benchmark authorized by G.S....
- § 143-54 Certification that bids were submitted without collusion
The Director of Administration shall require bidders to certify that each bid is submitted competitively and without collusion. False certification is a Class I felony....
- § 143-55 Requisitioning for supplies by agencies; must purchase through sources certified
Unless otherwise provided by law, after sources of supply have been established by contract and certified by the Secretary of Administration to the said departments,...
- § 143-56 Certain purchases excepted from provisions of Article
Unless as may otherwise be ordered by the Secretary of Administration, the purchase of supplies, materials and equipment through the Secretary of Administration shall be...
- § 143-57 Purchases of articles in certain emergencies
In case of any emergency or pressing need arising from unforeseen causes including but not limited to delay by contractors, delay in transportation, breakdown in...
- § 143-57.1 Furniture requirements contracts
(a) To ensure agencies access to sufficient sources of furniture supply and service, to provide agencies the necessary flexibility to obtain furniture that is compatible...
- § 143-58 Contracts contrary to provisions of Article made void
If any department, institution or agency of the State government, required by this Article and the rules adopted pursuant thereto applying to the purchase or...
- § 143-58.1 Unauthorized use of public purchase or contract procedures for private benefit
(a) It shall be unlawful for any person, by the use of the powers, policies or procedures described in this Article or established hereunder, to...
- § 143-58.2 State policy; bid procedures and specifications; identification of products
(a) It is the policy of this State to encourage and promote the purchase of products with recycled content. All State departments, institutions, agencies, community...
- § 143-58.3 Purchase of recycled paper and paper products; goals
In furtherance of the State policy, it is the goal of the State that each department, institution, agency, community college, and local school administrative unit...
- § 143-58.4 Energy credit banking and selling program
(a) As used in this section: (1) "AFV" means a hybrid electric vehicle that derives its transportation energy from gasoline and electricity. AFV also means...
- § 143-58.5 Alternative Fuel Revolving Fund
(a) The definitions set out in G.S. 143‑58.4 apply to this section. (b) The Alternative Fuel Revolving Fund is created and shall be held by...
- § 143-59 Preference given to North Carolina products and citizens, and articles manufactured by State agencies; reciprocal preferences
(a) Preference. The Secretary of Administration and any State agency authorized to purchase foodstuff or other products, shall, in the purchase of or in the...
- § 143-59.1 Contracts with certain foreign vendors
(a) Ineligible Vendors. The Secretary of Administration and other entities to which this Article applies shall not contract for goods or services with either of...
- § 143-59.1A Preference given to products made in United States
If the Secretary of Administration or a State agency cannot give preference to North Carolina products or services as provided in G.S. 143‑59, the Secretary...
- § 143-59.2 Certain vendors prohibited from contracting with State
(a) Ineligible Vendors. A vendor is not entitled to enter into a contract for goods or services with any department, institution, or agency of the...
- § 143-59.3 Contracts for the purchase of reconstituted or recombined fluid milk products prohibited
(a) As used in this section, "fluid milk product" has the same meaning as in 7 Code of Federal Regulations 1000.15 (1 January 2003 Edition)....
- § 143-59.4 Contracts performed outside the United States
(a) A vendor submitting a bid shall disclose in a statement, provided contemporaneously with the bid, where services will be performed under the contract sought,...
- § 143-60 Rules covering certain purposes
The Secretary of Administration may adopt, modify, or abrogate rules covering the following purposes, in addition to those authorized elsewhere in this Article: (1) Requiring...
- § 143-61 Repealed by Session Laws 1975, c. 879, s. 45
- § 143-62 Law applicable to printing Supreme Court Reports not affected
Nothing in this Article shall be construed as amending or repealing G.S. 7A‑6(b), relating to the printing of the Supreme Court Reports, or in any...
- § 143-63 Financial interest of officers in sources of supply; acceptance of bribes
Neither the Secretary of Administration, nor any assistant of the Secretary's shall be financially interested, or have any personal beneficial interest, either directly or indirectly,...
- § 143-63.1 Sale, disposal and destruction of firearms
(a) Except as hereinafter provided, it shall be unlawful for any employee, officer or official of the State in the exercise of his official duty...
- § 143-64 Beverages contracts
Notwithstanding any other provision of law, local school administrative units, community colleges, and constituent institutions of The University of North Carolina shall competitively bid contracts...
Article 3A - Surplus Property.
- § 143-64.01 Department of Administration designated State Surplus Property Agency
The Department of Administration is designated as the State agency for State surplus property, and with respect to the acquisition of State surplus property the...
- § 143-64.02 Definitions
As used in Part 1 of this Article, except where the context clearly requires otherwise: (1) "Agency" means an existing department, institution, commission, committee, board,...
- § 143-64.03 Powers and duties of the State agency for surplus property
(a) The State Surplus Property Agency is authorized and directed to: (1) Sell all supplies, materials, and equipment that are surplus, obsolete, or unused; (2)...
- § 143-64.04 Powers of the Secretary to delegate authority
(a) The Secretary of Administration may delegate to any employees of the State agency for surplus property such power and authority as he or they...
- § 143-64.05 Service charge; receipts
(a) The State agency for surplus property may assess and collect a service charge for the acquisition, receipt, warehousing, distribution, or transfer of any State...
- § 143-64.1 Department of Administration designated State agency for federal surplus property
The Department of Administration is hereby designated as the State agency for federal surplus property, and with respect to the acquisition of federal surplus property...
- § 143-64.2 Authority and duties of the State agency for federal surplus property
(a) The State agency for federal surplus property is hereby authorized and empowered (1) To acquire from the United States of America such property, including...
- § 143-64.3 Power of Department of Administration and Secretary to delegate authority
The Department of Administration and/or the Secretary of Administration may delegate to any employees of the State agency for federal surplus property such power and...
- § 143-64.4 Warehousing, transfer, etc., charges
The State agency for federal surplus property is hereby authorized and empowered to assess and collect service charges or fees for the acquisition, receipts, warehousing,...
- § 143-64.5 Department of Agriculture and Consumer Services exempted from application of Article
Notwithstanding any provisions or limitations of Part 2 of this Article, the North Carolina Department of Agriculture and Consumer Services is authorized and empowered to...
- § 143-64.6 Repealed by Session Laws 2004-199, s. 36(a), effective August 17, 2004
- § 143-64.7 through 143-64.9 Reserved for future codification purposes
Article 3B - Conservation of Energy, Water, and Other Utilities in Government Facilities.
- § 143-64.10 Findings; policy
(a) The General Assembly finds all of the following: (1) That the State shall take a leadership role in aggressively undertaking the conservation of energy,...
- § 143-64.11 Definitions
For purposes of this Article: (1) "Economic life" means the projected or anticipated useful life of a facility. (2) "Energy‑consumption analysis" means the evaluation of...
- § 143-64.12 Authority and duties of the Department; State agencies and State institutions of higher learning
(a) The Department of Administration through the State Energy Office shall develop a comprehensive program to manage energy, water, and other utility use for State...
- § 143-64.13 Repealed by Session Laws 1993, c. 334, s. 5
- § 143-64.14 Recodified as § 143-64.16 by Session Laws 1993, c. 334, s. 7
- § 143-64.15 Life-cycle cost analysis
(a) A life‑cycle cost analysis shall be commenced at the schematic design phase of the construction or renovation project, shall be updated or amended as...
- § 143-64.15A Certification of life-cycle cost analysis
Each State agency and each State institution of higher learning performing a life‑cycle cost analysis for the purpose of constructing or renovating any facility shall,...
- § 143-64.16 Application of Part
The provisions of this Part shall not apply to municipalities or counties, nor to any agency or department of any municipality or county; provided, however,...
- § 143-64.17 Definitions
As used in this Part: (1) "Energy conservation measure" means a facility or meter alteration, training, or services related to the operation of the facility...
- § 143-64.17A Solicitation of guaranteed energy savings contracts
(a) Before entering into a guaranteed energy savings contract, a governmental unit shall issue a request for proposals. Notice of the request shall be published...
- § 143-64.17B Guaranteed energy savings contracts
(a) A governmental unit may enter into a guaranteed energy savings contract with a qualified provider if all of the following apply: (1) The term...
- § 143-64.17C Repealed by Session Laws 2002, ch. 161, s. 5, effective January 1, 2003, and applicable to contracts entered into on or after that date
- § 143-64.17D Contract continuance
A guaranteed energy savings contract may extend beyond the fiscal year in which it becomes effective. Such a contract shall stipulate that it does not...
- § 143-64.17E Payments under contract
A local governmental unit may use any funds, whether operating or capital, that are not otherwise restricted by law for the payment of a guaranteed...
- § 143-64.17F State agencies to use contracts when feasible; rules; recommendations
(a) State governmental units shall evaluate the use of guaranteed energy savings contracts in reducing energy costs and may use those contracts when feasible and...
- § 143-64.17G Report on guaranteed energy savings contracts entered into by local governmental units
A local governmental unit that enters into a guaranteed energy savings contract must report the contract and the terms of the contract to the Local...
- § 143-64.17H Report on guaranteed energy savings contracts entered into by State governmental units
A State governmental unit that enters into a guaranteed energy savings contract must report the contract and the terms of the contract to the State...
- § 143-64.17I Installment and lease purchase contracts
A local governmental unit may provide for the acquisition, installation, or maintenance of energy conservation measures acquired pursuant to this Part by installment or lease...
- § 143-64.17J Financing by State governmental units
State governmental units may finance the acquisition, installation, or maintenance of energy conservation measures acquired pursuant to this Part in the manner and to the...
- § 143-64.17K Inspection and compliance certification for State governmental units
The provisions of G.S. 143‑341(3) shall not apply to any energy conservation measure for State governmental units provided pursuant to this Part, except as specifically...
- § 143-64.17L through 143-64.19 Reserved for future codification purposes
Article 3C - Contracts to Obtain Consultant Services.
- § 143-64.20 "Agency" defined; Governor's approval required
(a) For purposes of this Article the term "agency" shall mean every State agency, institution, board, commission, bureau, department, division, council, member of the Council...
- § 143-64.21 Findings to be made by Governor
The Governor, before granting written approval of any such contract, must find: (1) That the contract is reasonably necessary to the proper function of such...
- § 143-64.22 Contracts with other State agencies; competitive proposals
The rules of the Department of Administration shall include provisions to assure that all consultant contracts let by State agencies shall be made with other...
- § 143-64.23 Compliance required; penalty for violation of Article
No disbursement of State funds shall be made and no such contract shall be binding until the provisions of G.S. 143‑64.21 and 143‑64.22 have been...
- § 143-64.24 Applicability of Article
This Article shall not apply to the following agencies: (1) The General Assembly. (2) Special study commissions. (3) The Research Triangle Institute. (4) The School...
- § 143-64.25 through 143-64.30 Reserved for future codification purposes
Article 3D - Procurement of Architectural, Engineering, and Surveying Services.
Article 3E - State/Public School Child Care Contracts.
Article 3F - State Privacy Act.
Article 3G - Personal Service Contracts.
Article 3H - Overpayments of State Funds.
Article 4 - World War Veterans Loan Administration.
Article 5 - Check on License Forms, Tags and Certificates Used or Issued
Article 6 - Officers of State Institutions.
- § 143-108 Secretary to be elected from directors
The board of directors of the various State institutions shall elect one of their number as secretary, who shall act as such at all regular...
- § 143-109 Directors to elect officers and employees
All officers and employees of the various State institutions who hold elective positions shall be nominated and elected by the board of directors of the...
- § 143-110 Places vacated for failure to attend meetings
Unless otherwise specially provided by law, whenever a trustee or director of any institution supported in whole or in part by State appropriation shall fail...
- § 143-111 Director not to be elected to position under board
It shall be unlawful for any board of directors, board of trustees or other governing body of any of the various State institutions (penal, charitable,...
- § 143-112 Superintendents to be within call of board meetings
The superintendent of each of the various State institutions shall be present on the premises of his institution and within the call of the board...
- § 143-113 Trading by interested officials forbidden
The directors, stewards, and superintendents of the State institutions shall not trade directly or indirectly with or among themselves, or with any concern in which...
- § 143-114 Diversion of appropriations to State institutions
It shall be unlawful for the board of trustees, board of directors, or other body controlling any State institution, to divert, use, or expend any...
- § 143-115 Trustee, director, officer or employee violating law guilty of misdemeanor
Any member or members of any board of trustees, board of directors, or other controlling body governing any of the institutions of the State, or...
- § 143-116 Venue for trial of offenses
All offenses against G.S. 143‑114 and 143‑115 shall be held to have been committed in the County of Wake and shall be tried and disposed...
- § 143-116.1 through 143-116.5 Reserved for future codification purposes
Article 6A - Rules of Conduct; Traffic Laws for Institutions.
Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs.
- § 143-117 Institutions included
All persons admitted to the following institutions operated by the Department of Health and Human Services are required to pay the actual cost of their...
- § 143-117.1 Definitions
As used in this Article, the following terms have the meaning specified unless the content clearly implies otherwise: (1) "Care" means care, treatment, training, maintenance,...
- § 143-118 Secretary of Health and Human Services to fix cost and charges
(a) The Secretary shall determine and fix the actual cost of care to be paid by and for each person admitted to an institution. The...
- § 143-118.1 Repealed by Session Laws 1987, c. 699, s. 1
- § 143-119 Payments
(a) The cost of care when fixed by the Secretary shall be paid by the person admitted or by the person legally responsible for payment....
- § 143-120 Repealed by Session Laws 1985, c. 508, s. 8, effective October 1, 1985
- § 143-121 Action to recover costs
(a) Immediately upon the fixing of the amount of actual cost, a cause of action shall accrue for the costs in favor of the State...
- § 143-121.1 Ratification of past acts
The past acts of the Secretary, boards of directors of the institutions and the North Carolina Hospital Board of Control in fixing the rate to...
- § 143-122 No limitation of action
No statute of limitation shall apply to or constitute a defense to any cause of action asserted by the State under this Article and all...
- § 143-123 Power to admit indigent persons
(a) This Article shall not be construed to limit the authority of the institutions to provide care to all indigent persons who are otherwise entitled...
- § 143-124 Suit by Attorney General; venue
At the request of the institution, all actions and suits shall be prosecuted by the Attorney General. The institution shall have the right to select...
- § 143-125 Judgment; never barred
Any judgment obtained by the State under this Article shall never be barred by any statute of limitation but shall to the extent unpaid continue...
- § 143-126 Death of a person admitted; lien on estate
(a) In the event of the death of person admitted, leaving any cost of care unpaid, then the unpaid cost shall constitute a lien on...
- § 143-126.1 Lien on property for unpaid balance due institution
(a) There is hereby created a general lien on both the real and personal property of any person admitted who is receiving or who has...
- § 143-127 Money paid into State treasury
All money collected by any institution pursuant to this Article shall be by such institution paid into the State treasury, and shall be by the...
- § 143-127.1 Parental liability for payment of cost of care for long-term patients in Department of Health and Human Services facilities
(a) Notwithstanding the foregoing provisions of G.S. 143‑117 through 143‑127 inclusive, the natural or adoptive parents of persons who are non‑Medicaid, long‑term patients at facilities...
Article 7A - Damage of Personal Property in State Institutions.
- § 143-127.2 Repair or replacement of personal property
The Secretary of Health and Human Services may adopt rules governing repair or replacement of personal property items excluding private passenger vehicles that belong to...
- § 143-127.3 Negligence
Reimbursement for items damaged or stolen shall not be granted in instances in which the employee, volunteer, or client, if competent, is determined to be...
- § 143-127.4 Other remedies
The director of the facility shall determine if the person seeking reimbursement has made a good faith effort to recover the loss from all other...
- § 143-127.5 Limitations
Reimbursement shall be limited to the amount specified in the rules and shall not exceed a maximum of two hundred dollars ($200.00) per incident. No...
- § 143-127.6 Administrative and judicial review
Chapter 150B of the General Statutes governs administrative and judicial review of a decision under this Article by the director of a facility. (1985, c....
Article 8 - Public Contracts.
- § 143-128 Requirements for certain building contracts
(a) Preparation of specifications. Every officer, board, department, commission or commissions charged with responsibility of preparation of specifications or awarding or entering into contracts for...
- § 143-128.1 Construction management at risk contracts
(a) For purposes of this section and G.S. 143‑64.31: (1) "Construction management services" means services provided by a construction manager, which may include preparation and...
- § 143-128.2 Minority business participation goals
(a) The State shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of work for each State...
- § 143-128.3 Minority business participation administration
(a) All public entities subject to G.S. 143‑128.2 shall report to the Department of Administration, Office of Historically Underutilized Business, the following with respect to...
- § 143-128.4 Historically underutilized business defined; statewide uniform certification
(a) As used in this Chapter, the term "historically underutilized business" means a business that meets all of the following conditions: (1) At least fifty‑one...
- § 143-129 Procedure for letting of public contracts
(a) Bidding Required. No construction or repair work requiring the estimated expenditure of public money in an amount equal to or more than five hundred...
- § 143-129.1 Withdrawal of bid
A public agency may allow a bidder submitting a bid pursuant to G.S. 143‑129 for construction or repair work or for the purchase of apparatus,...
- § 143-129.2 Construction, design, and operation of solid waste management and sludge management facilities
(a) All terms relating to solid waste management and disposal as used in this section shall be defined as set forth in G.S. 130A‑290, except...
- § 143-129.3 Exemption of General Assembly from certain purchasing requirements
(a) The Legislative Services Commission may provide that the provisions of G.S. 143‑129 and Article 3 of this Chapter do not apply to purchases by...
- § 143-129.4 Guaranteed energy savings contracts
The solicitation and evaluation of proposals for guaranteed energy savings contracts, as defined in Part 2 of Article 3B of this Chapter, and the letting...
- § 143-129.5 Purchases from nonprofit work centers for the blind and severely disabled
Notwithstanding G.S. 143‑129, a city, county, or other governmental entity subject to this Article may purchase goods and services directly from a nonprofit work center...
- § 143-129.6 Reserved for future codification purposes
- § 143-129.7 Purchase with trade-in of apparatus, supplies, materials, and equipment
Notwithstanding the provisions of Article 12 of Chapter 160A of the General Statutes, municipalities, counties, and other political subdivisions of the State may include in...
- § 143-129.8 Purchase of information technology goods and services
(a) In recognition of the complex and innovative nature of information technology goods and services and of the desirability of a single point of responsibility...
- § 143-129.9 Alternative competitive bidding methods
(a) A political subdivision of the State may use any of the following methods to obtain competitive bids for the purchase of apparatus, supplies, materials,...
- § 143-130 Allowance for convict labor must be specified
In cases where the board or governing body of a State agency or of any political subdivision of the State may furnish convict or other...
- § 143-131 When counties, cities, towns and other subdivisions may let contracts on informal bids
(a) All contracts for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment, involving the expenditure of public money in...
- § 143-132 Minimum number of bids for public contracts
(a) No contract to which G.S. 143‑129 applies for construction or repairs shall be awarded by any board or governing body of the State, or...
- § 143-133 No evasion permitted
No bill or contract shall be divided for the purpose of evading the provisions of this Article. (1933, c. 400, s. 3; 1967, c. 860.)
- § 143-134 Applicable to Department of Transportation and Department of Correction; exceptions
This Article shall apply to the Department of Transportation and the Department of Correction except in the construction of roads, bridges and their approaches; provided...
- § 143-134.1 Interest on final payments due to prime contractors; payments to subcontractors
(a) On all public construction contracts which are let by a board or governing body of the State government or any political subdivision thereof, except...
- § 143-134.2 Actions by contractor on behalf of subcontractor
(a) A contractor may, on behalf of a subcontractor of any tier under the contractor, file an action against an owner regarding a claim arising...
- § 143-134.3 No damage for delay clause
No contractual language forbidding or limiting compensable damages for delays caused solely by the owner or its agent may be enforced in any construction contract...
- § 143-135 Limitation of application of Article
Except for the provisions of G.S. 143‑129 requiring bids for the purchase of apparatus, supplies, materials or equipment, this Article shall not apply to construction...
- § 143-135.1 State buildings exempt from county and municipal building requirements; consideration of recommendations by counties and municipalities
(a) Buildings constructed by the State of North Carolina or by any agency or institution of the State in accordance with plans and specifications approved...
- § 143-135.2 Contracts for restoration of historic buildings with private donations
This Article shall not apply to building contracts let by a State agency for restoration of a historic building or structure where the funds for...
- § 143-135.3 Adjustment and resolution of State board construction contract claim
(a) The word "board" as used in this section shall mean the State of North Carolina or any board, bureau, commission, institution, or other agency...
- § 143-135.4 Authority of Department of Administration not repealed
Nothing contained in this Article shall be construed as contravening or repealing any authorities given by statute to the Department of Administration. (1967, c. 860;...
- § 143-135.5 State policy; cooperation in promoting the use of small, minority, physically handicapped and women contractors; purpose
(a) It is the policy of this State to encourage and promote the use of small, minority, physically handicapped and women contractors in State construction...
- § 143-135.6 Adjustment and resolution of community college board construction contract claim
(a) A contractor who has not completed a contract with a board of a community college for construction or repair work and who has not...
- § 143-135.7 Safety officers
Each contract for a State capital improvement project, as defined in Article 8B of this Chapter, shall require the contractor to designate a responsible person...
- § 143-135.8 Prequalification
Bidders may be prequalified for any public construction project. (1995, c. 367, s. 8.)
- § 143-135.9 "Best Value" information technology procurements
(a) For purposes of this section: (1) "Best Value" procurement means the selection of a contractor based on a determination of which proposal offers the...
Article 8A - Board of State Contract Appeals.
Article 8B - State Building Commission.
Article 9 - Building Code Council and Building Code.
- § 143-136 Building Code Council created; membership
(a) Creation; Membership; Terms. There is hereby created a Building Code Council, which shall be composed of 17 members appointed by the Governor, consisting of...
- § 143-137 Organization of Council; rules; meetings; staff; fiscal affairs
(a) First Meeting; Organization; Rules. Within 30 days after its appointment, the Building Code Council shall meet on call of the Commissioner of Insurance. The...
- § 143-138 North Carolina State Building Code
(a) Preparation and Adoption. The Building Code Council may prepare and adopt, in accordance with the provisions of this Article, a North Carolina State Building...
- § 143-138.1 Introduction and instruction of the North Carolina Building Code
Prior to the effective date of Code changes pursuant to G.S. 143‑138, the State Building Code Council and Department of Insurance shall provide for instructional...
- § 143-139 Enforcement of Building Code
(a) Procedural Requirements. Subject to the provisions set forth herein, the Building Code Council shall adopt such procedural requirements in the North Carolina State Building...
- § 143-139.1 Certification of manufactured buildings, structures or components by recognized independent testing laboratory; minimum standards for modular homes
(a) Certification. The State Building Code may provide, in circumstances deemed appropriate by the Building Code Council, for testing, evaluation, inspection, and certification of buildings,...
- § 143-139.2 Enforcement of insulation requirements; certificate for occupancy; no electric service without compliance
(a) In addition to other enforcement provisions set forth in this Chapter, no single family or multi‑unit residential building on which construction is begun in...
- § 143-139.3 Inspection of liquified petroleum gas piping systems for residential structures
If the test required under the North Carolina State Building Code for a liquified petroleum gas piping system serving a one or two‑family residential dwelling...
- § 143-140 Hearings before enforcement agencies as to questions under Building Code
Any person desiring to raise any question under this Article or under the North Carolina State Building Code shall be entitled to a technical interpretation...
- § 143-140.1 Appeals of alternative design construction and methods
Alternative designs and construction shall follow the State Building Code. In the event of a dispute between a local authority having jurisdiction and the designer...
- § 143-141 Appeals to Building Code Council
(a) Method of Appeal. Whenever any person desires to take an appeal to the Building Code Council from the decision of a State enforcement agency...
- § 143-142 Further duties of the Building Code Council
(a) Recommended Statutory Changes. It shall be the duty of the Building Code Council to make a thorough study of the building laws of the...
- § 143-143 Effect on certain existing laws
Nothing in this Article shall be construed as abrogating or otherwise affecting the power of any State department or agency to promulgate regulations, make inspections,...
- § 143-143.1 Repealed by Session Laws 1971, c. 882, s. 1
- § 143-143.2 Electric wiring of houses, buildings, and structures
The electric wiring of houses or buildings for lighting or for other purposes shall conform to the requirements of the State Building Code, which includes...
- § 143-143.3 Temporary toilet facilities at construction sites
(a) Suitable toilet facilities shall be provided and maintained in a sanitary condition during construction. An adequate number of facilities must be provided for the...
- § 143-143.4 Door lock exemption for certain businesses
(a) Notwithstanding this Article or any other law to the contrary, any business entity licensed to sell automatic weapons as a federal firearms dealer that...
- § 143-143.5 Access to toilets in shopping malls
Notwithstanding any other law or rule, a horizontal travel distance of 300 feet for access to public use toilets in covered mall buildings shall be...
- § 143-143.6 (Expires July, 1, 2009) Distribution of fuels that are a blend of petroleum and ethanol
(a) As used in this section: (1) "E‑10 fuel" means a blend of petroleum and ethanol that includes no more than ten percent (10%) ethanol...
- § 143-143.7 Reserved for future codification purposes
Article 9A - North Carolina Manufactured Housing Board - Manufactured Home Warranties.
- § 143-143.8 Purpose
The General Assembly finds that manufactured homes have become a primary housing resource for many of the citizens of North Carolina. The General Assembly finds...
- § 143-143.9 Definitions
The following definitions apply in this Part: (1) Bank. A federally insured financial institution including institutions defined under G.S. 53‑1(1), savings and loan associations, credit...
- § 143-143.10 Manufactured Housing Board created; membership; terms; meetings
(a) There is created the North Carolina Manufactured Housing Board within the Department. The Board shall be composed of 11 members as follows: (1) The...
- § 143-143.10A Criminal history checks of applicants for licensure
(a) Definitions. The following definitions shall apply in this section: (1) Applicant. A person applying for licensure as a manufactured home manufacturer, dealer, salesperson, or...
- § 143-143.11 License required; application for license
(a) It shall be unlawful for any manufactured home manufacturer, dealer, salesperson, or set‑up contractor to engage in business as such in this State without...
- § 143-143.11A Notification of change of address, control of ownership, and bankruptcy
(a) Every applicant for a license shall inform the Board of the applicant's business address. Every licensee shall give written notification to the Board of...
- § 143-143.11B Continuing education
(a) The Board may establish programs and requirements of continuing education for licensees, but shall not require licensees to complete more than eight credit hours...
- § 143-143.12 Bond required
(a) A person licensed as a manufactured home salesperson shall not be required to furnish a bond, but each applicant approved by the Board for...
- § 143-143.13 Grounds for denying, suspending, or revoking licenses; civil penalties
(a) A license may be denied, suspended or revoked by the Board on any one or more of the following grounds: (1) Making a material...
- § 143-143.14 Hearings; rules
(a) License suspensions, revocations, and renewal refusals are subject to the provisions of Chapter 150B of the General Statutes. (b) If the Board finds that...
- § 143-143.15 Set-up requirements
(a) Manufactured homes shall be set up in accordance with the standards adopted by the Commissioner. (b) If a manufactured home is insured against damage...
- § 143-143.16 Warranties
Each manufacturer, dealer and supplier of manufactured homes shall warrant each new manufactured home sold in this State in accordance with the warranty requirements prescribed...
- § 143-143.17 Presenting claims for warranties and substantial defects
(a) Whenever a claim for warranty service or about a substantial defect is made to a licensee, it shall be handled as provided in this...
- § 143-143.18 Warranty service
(a) When a service agreement exists between or among a manufacturer, dealer and supplier to provide warranty service, the agreement shall specify which party is...
- § 143-143.19 Dealer alterations
(a) No alteration or modification shall be made to a manufactured home by a dealer after shipment from the manufacturer's plant, unless such alteration or...
- § 143-143.20 Disclosure of manner used in determining length of manufactured homes
In any advertisement or other communication regarding the length of a manufactured home, a manufacturer or dealer shall not include the coupling mechanism in describing...
- § 143-143.20A Display of pricing on manufactured homes
(a) If the manufacturer of a manufactured home publishes a manufacturer's suggested retail price, that price shall be displayed near the front entrance of the...
- § 143-143.21 Repealed by Session Laws 1993, c. 409, s. 6
- § 143-143.21A Purchase agreements; buyer cancellations
(a) A purchase agreement for a manufactured home shall include all of the following: (1) A description of the manufactured home and all accessories included...
- § 143-143.21B Dealer cancellation; deposit refund
A dealer shall refund to a buyer the full amount of a deposit on the purchase of a manufactured home if the buyer has fulfilled...
- § 143-143.22 Inspection of service records
The Board may inspect the service records of a manufacturer, dealer, supplier or set‑up contractor relating to a written warranty claim or complaint made to...
- § 143-143.23 Other remedies not excluded
Nothing in this Part, rules adopted by the Board, or any action of the Board shall limit any right or remedy available to the buyer...
- § 143-143.24 Engaging in business without license a Class 1 misdemeanor
If any person shall unlawfully act as a manufactured home manufacturer, dealer, salesperson, or set‑up contractor without first obtaining a license from the Board, as...
- § 143-143.25 Staff support for Board
The Manufactured Building Division of the Department shall provide clerical and other staff services required by the Board; and shall administer and enforce all provisions...
- § 143-143.26 through 143-143.49 Reserved for future codification purposes
- § 143-143.50 Escrow or trust account required
(a) Dealers shall maintain buyers' deposits in an escrow or trust account with a bank. A dealer shall not commingle any other funds with buyers'...
- § 143-143.51 Use of escrow or trust funds; penalty for violations
(a) Buyer funds in the dealer's escrow or trust account shall be held for the benefit of the buyer and may only be used for...
- § 143-143.52 Minimum requirements for dealer records for escrow or trust accounts at banks
The records required for escrow or trust accounts maintained at a bank shall consist of the following and be maintained for a period of five...
- § 143-143.53 Accountings for escrow or trust funds
Upon the request of the buyer, the dealer shall provide to the buyer a written accounting of the receipts and disbursements of all escrow or...
- § 143-143.54 Audits and record inspection
All financial records required by this Part shall be subject to audit for cause and to random audit at the discretion of and by the...
Article 9B - Uniform Standards Code For Manufactured Homes.
- § 143-144 Short title
This Article shall be known and may be cited as "The Uniform Standards for Manufactured Homes Act." (1969, c. 961, s. 1; 1985, c. 487,...
- § 143-145 Definitions
The following definitions apply in this Article: (1) Act. The National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq.,...
- § 143-146 Statement of policy; rule-making power
(a) Manufactured homes, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing and...
- § 143-147 Structures built under previous standards
The legal status of any structure built before the effective date of the Act shall not be affected by any changes made in this Article...
- § 143-148 Certain structures excluded from coverage
The Commissioner may by rule provide for the exclusion of certain structures by certification in accordance with the Act. (1969, c. 961, s. 5; 1971,...
- § 143-149 Necessity for obtaining label for purposes of sale
No person shall sell or offer for sale any manufactured home in this State that does not have a label. It is a defense to...
- § 143-150 No electricity to be furnished units not in compliance
It is unlawful for any person to furnish electricity for use in any manufactured home without first ascertaining that the manufactured home and its electrical...
- § 143-151 Penalties
(a) Any person who is found by the Commissioner to have violated the provisions of the Act, this Article, or any rules adopted under this...
- § 143-151.1 Enforcement
The Commissioner may initiate any appropriate action or proceeding to prevent, restrain, or correct any violation of the Act, this Article, or any rules adopted...
- § 143-151.2 Fees
(a) The Commissioner shall establish a monitoring inspection fee in an amount required by the Secretary of HUD. This monitoring inspection fee shall be an...
- § 143-151.3 Reports
Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or...
- § 143-151.4 Notification of defects and correction procedures
Every manufacturer of manufactured homes shall provide for notification and correction procedures in any manufactured home produced by the manufacturer in accordance with the Act,...
- § 143-151.5 Prohibited acts
(a) No person shall: (1) Manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States,...
- § 143-151.6 Reserved for future codification purposes
- § 143-151.7 Reserved for future codification purposes
Article 9C - North Carolina Code Officials Qualification Board.
- § 143-151.8 Definitions
(a) As used in this Article, unless the context otherwise requires: (1) "Board" means the North Carolina Code Officials Qualification Board. (2) "Code" means the...
- § 143-151.9 North Carolina Code Officials Qualification Board established; members; terms; vacancies
(a) There is hereby established the North Carolina Code Officials Qualification Board in the Department of Insurance. The Board shall be composed of 20 members...
- § 143-151.10 Compensation
Members of the Board who are State officers or employees shall receive no salary for serving on the Board, but shall be reimbursed for their...
- § 143-151.11 Chairman; vice-chairman; other officers; meetings; reports
(a) The members of the Board shall select one of their members as chairman upon its creation, and shall select the chairman each July 1...
- § 143-151.12 Powers
In addition to powers conferred upon the Board elsewhere in this Article, the Board shall have the power to: (1) Adopt rules necessary to administer...
- § 143-151.13 Required standards and certificates for Code-enforcement officials
(a) No person may engage in Code enforcement pursuant to this Article unless he possesses one of the following types of certificates, currently valid, issued...
- § 143-151.13A Professional development program for officials
(a) As used in this section, "official" means a qualified Code‑enforcement official as that term is defined in G.S. 143‑151.8. (b) The Board may establish...
- § 143-151.14 Comity
The Board may, without requiring an examination, grant a standard certificate as a qualified Code‑enforcement official for a particular type of position and level to...
- § 143-151.15 Return of certificate to Board; reissuance by Board
A certificate issued by the Board under this Article is valid as long as the person certified is employed by the State of North Carolina...
- § 143-151.16 Certification fees; renewal of certificates; examination fees
(a) The Board shall establish a schedule of fees to be paid by each applicant for certification as a qualified Code‑enforcement official. Such fee shall...
- § 143-151.17 Grounds for disciplinary actions; investigation; administrative procedures
(a) The Board shall have the power to suspend any or all certificates, revoke any or all certificates, demote any or all certificates to a...
- § 143-151.18 Violations; penalty; injunction
On and after July 1, 1979, it shall be unlawful for any person to represent himself as a qualified Code‑enforcement official who does not hold...
- § 143-151.19 Administration
(a) The Division of Engineering and Building Codes in the Department of Insurance shall provide clerical and other staff services required by the Board, and...
- § 143-151.20 Donations and appropriations
(a) In addition to appropriations made by the General Assembly, the Board may accept for any of its purposes and functions under this Article any...
- § 143-151.21 Disposition of fees
Fees collected by the Commissioner under this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58‑6‑25. (1991, c. 689, s. 295;...
- § 143-151.22 through 143-151.25 Reserved for future codification purposes
Article 9D - Enforcement of Building Code Insulation and Energy Utilization Standards.
Article 9E - Master Electrical and Natural Gas Meters Prohibited.
Article 9F - North Carolina Home Inspector Licensure Board.
- § 143-151.43 Short title
This Article is the Home Inspector Licensure Act and may be cited by that name. (1993 (Reg. Sess., 1994), c. 724, s. 1.)
- § 143-151.44 Purpose
This Article safeguards the public health, safety, and welfare and protects the public from being harmed by unqualified persons by regulating the use of the...
- § 143-151.45 Definitions
The following definitions apply in this Article: (1) Associate home inspector. An individual who is affiliated with or employed by a licensed home inspector to...
- § 143-151.46 North Carolina Home Inspector Licensure Board established; members; terms; vacancies
(a) Membership. The North Carolina Home Inspector Licensure Board is established in the Department of Insurance. The Board shall be composed of the Commissioner of...
- § 143-151.47 Compensation of Board members
Members of the Board shall receive no salary for serving on the Board. Members may be reimbursed for their travel and other expenses in accordance...
- § 143-151.48 Election of officers; meetings of Board
(a) Officers. Within 30 days after making appointments to the Board, the Governor shall call the first meeting of the Board. The Board shall elect...
- § 143-151.49 Powers and responsibilities of Board
(a) General. The Board has the power to do all of the following: (1) Determine the qualifications and fitness of applicants for a new or...
- § 143-151.50 License required to perform home inspections for compensation or to claim to be a "licensed home inspector"
(a) Requirement. To perform a home inspection for compensation on or after October 1, 1996, or to claim to be a licensed home inspector or...
- § 143-151.51 Requirements to be licensed as a home inspector
To be licensed as a home inspector, an applicant must do all of the following: (1) Submit a completed application to the Board upon a...
- § 143-151.52 Requirements to be licensed as an associate home inspector
To be licensed as an associate home inspector, a person must do all of the following: (1) Submit a completed application to the Board upon...
- § 143-151.53 Notification to applicant following evaluation of application
If the Board finds that the applicant has not met fully the requirements for licensing, the Board shall refuse to issue the license and shall...
- § 143-151.54 Miscellaneous license provisions
A license issued by the Board is the property of the Board. If the Board suspends or revokes a license issued by it, the individual...
- § 143-151.55 Renewal of license; inactive licenses; lapsed licenses
(a) Renewal. A license expires on September 30 of each year. A license may be renewed by filing an application for renewal with the Board...
- § 143-151.56 Suspension, revocation, and refusal to renew license
(a) The Board may deny or refuse to issue or renew a license, may suspend or revoke a license, or may impose probationary conditions on...
- § 143-151.57 Fees
(a) Maximum Fees. The Board may adopt fees that do not exceed the amounts set in the following table for administering this Article: Item Maximum...
- § 143-151.58 Duties of licensed home inspector or licensed associate home inspector
(a) Home Inspection Report. A licensed home inspector or licensed associate home inspector must give to each person for whom the inspector performs a home...
- § 143-151.59 Violation is a misdemeanor
A person who violates a provision of this Article is guilty of a Class 2 misdemeanor. Each unlawful act or practice constitutes a distinct and...
- § 143-151.60 Injunctions
The Board may make application to any appropriate court for an order enjoining violations of this Article. Upon a showing by the Board that any...
- § 143-151.61 Certain applicants do not have to be licensed as an associate home inspector before being eligible for licensure as a home inspector
The requirement that an applicant for licensure as a home inspector first have a license as an associate home inspector does not apply to a...
- § 143-151.62 Persons and practices not affected
This Article does not apply to any of the following: (1) A person who is employed as a code enforcement official by the State or...
- § 143-151.63 Administration
(a) The Division of Engineering and Building Code in the Department of Insurance shall provide clerical and other staff services required by the Board, and...
- § 143-151.64 Continuing education requirements
(a) Requirements. The Board may establish programs of continuing education for licensees under this Article. A licensee subject to a program under this section shall...
Article 10 - Various Powers and Regulations.
- § 143-152 Injury to water supply misdemeanor
If any person shall in any way intentionally or maliciously damage or obstruct any waterline of any public institution, or in any way contaminate or...
- § 143-153 Keeping swine near State institutions; penalty
On the petition of a majority of the legal voters living within a radius of one quarter of a mile of the administrative building of...
- § 143-154 Expenditures for departments and institutions; accounting and warrants
All expenditures of any character allowed by the General Assembly in making appropriations and not covered in the appropriations named shall be charged against the...
- § 143-155 Repealed by Session Laws 1983, c. 913, s. 36, effective July 22, 1983
- § 143-156 Certain institutions to report to Governor and General Assembly
It shall be the duty of the boards of directors, managers, or trustees of the several State institutions for the insane, or the several institutions...
- § 143-157 Reports of departments and institutions; investigations and audits
All State departments and State institutions shall make reports to the Governor from time to time as may be required by him, and the Governor...
- § 143-157.1 Reports on gender-proportionate appointments to statutorily created decision-making regulatory bodies
(a) Appointments. In appointing members to public bodies set forth in subsections (c) and (d) of this section, the appointing authority should select, from among...
- § 143-158 Special investigations
At any time, upon complaint made to him or upon his own motion, the Governor may appoint a special commission to investigate any State department...
- § 143-159 Governor given authority to direct investigation
The Governor is hereby authorized and empowered to call upon and direct the Attorney General to investigate the management of or condition within any department,...
- § 143-160 Conduct of investigation
Whenever called upon and requested by the Governor as set out in G.S. 143‑159, the Attorney General shall conduct such investigation at such reasonable time...
- § 143-161 Stenographic record of proceedings
A stenographic record of the proceedings had in such investigation shall be taken and copy thereof forwarded by the Attorney General to the Governor with...
- § 143-162 Repealed by Session Laws 1955, c. 984
- § 143-162.1 First menu operator access
(a) The General Assembly finds that: (1) Some telephone systems operated by State government agencies require callers to proceed through several menus to finally reach...
- § 143-162.2 Use of public property by production companies
If a State agency makes real property available to a production company for a production, it shall not charge any fee other than reimbursement of...
Article 11 - Revenue Bonds and Governmental Aid.
- § 143-163 State agencies may issue bonds to finance certain public undertakings
The several departments, institutions, agencies and commissions of the State of North Carolina, acting at the suggestion of the Governor of North Carolina, with the...
- § 143-164 Acceptance of federal loans and grants permitted
The State of North Carolina, and its several departments, institutions, agencies and commissions, are hereby authorized to accept and receive loans, grants, and other assistance...
- § 143-165 Approval by Governor and Council of State necessary; covenants in resolutions authorizing bonds
The several departments, institutions, agencies and commissions of the State of North Carolina, before issuing any revenue bonds as herein provided for any undertaking, shall...
Article 12 - Law-Enforcement Officers' Retirement System.
Article 12A - Law-Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act.
- § 143-166.1 Purpose
In consideration of hazardous public service rendered to the people of this State, there is hereby provided a system of benefits for dependents of law‑enforcement...
- § 143-166.2 Definitions
(a) The term "dependent child" shall mean any unmarried child of the deceased officer, fireman, rescue squad worker or senior member of the Civil Air...
- § 143-166.3 Payments; determination
(a) When any law‑enforcement officer, fireman, rescue squad worker or senior Civil Air Patrol member shall be killed in the line of duty, the Industrial...
- § 143-166.4 Funds; conclusiveness of award
Such award of benefits as is provided for by this Article shall be paid from the Contingency and Emergency Fund and such amounts as may...
- § 143-166.5 Other benefits not affected
None of the other benefits now provided for law‑enforcement officers, or other persons covered by this Article, or their dependents by the Workers' Compensation Act...
- § 143-166.6 Awards exempt from taxes
Any award made under the provisions of this Article shall be exempt from taxation by the State or any political subdivision. The Industrial Commission shall...
- § 143-166.7 Applicability of Article
The provisions of this Article shall apply and be in full force and effect with respect to any law‑enforcement officer, fireman, rescue squad worker or...
- § 143-166.8 through 143-166.12 Reserved for future codification purposes
Article 12B - Salary Continuation Plan for Certain State Law-Enforcement Officers.
Article 12C - Retirement Benefits for State Law-Enforcement Officers.
Article 12D - Separation Allowances for Law-Enforcement Officers.
Article 12E - Retirement Benefits for Local Governmental Law-Enforcement Officers.
Article 12F - Separate Insurance Benefits Plan For State And Local Governmental Law-Enforcement Officers.
Article 12G - Transfers of Assets of Law-Enforcement Officers' Retirement System to Other Retirement Systems.
Article 12H - Sheriffs' Supplemental Pension Fund Act of 1985.
- § 143-166.80 Short title and purpose
(a) This Article shall be known and may be cited as the "Sheriffs' Supplemental Pension Fund Act of 1985". (b) The purpose of this Article...
- § 143-166.81 Scope
(a) This Article provides supplemental pension benefits for all county sheriffs who are retired from the Local Governmental Employees' Retirement System or an equivalent locally...
- § 143-166.82 Assets
(a) On and after July 1, 1985, each Clerk of Superior Court shall remit to the Department of Justice the monthly receipts collected pursuant to...
- § 143-166.83 Disbursements
(a) Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 900, s. 54, effective January 1, 1993. (b) Immediately following January 1, 1993, and the...
- § 143-166.84 Eligibility
(a) Each county sheriff who has retired from the Local Governmental Employees' Retirement System, and who has attained the age of 55 years or attained...
- § 143-166.85 Benefits
(a) An eligible retired sheriff shall be entitled to and receive an annual pension benefit, payable in equal monthly installments, equal to one share for...
Article 13 - Publications.
- § 143-167 Transferred to G.S. 147-54.1 by Session Laws 1943, c. 543
- § 143-168 Reports; conciseness
The annual or biennial reports now authorized or required to be printed by the several State agencies and institutions shall be as compact and concise...
- § 143-169 Limitations on publications
(a) Repealed by Session Laws 1983, c. 866, s. 2. (b) Repealed by Session Laws 2007‑234, s. 1, effective July 18, 2007. (c) Every publication...
- § 143-169.1 State agency public document mailing lists to be updated
(a) On or before July 1 of each year, beginning with July 1, 1976, the head of every agency of this State shall certify to...
- § 143-169.2 Definitions
(a) For the purposes of this Article, the term "public document" shall mean any annual, biennial, regular or special report or publication of which at...
- § 143-170 Repealed by Session Laws 1955, c. 986
- § 143-170.1 Statement of cost of public documents; chief administrator charged with compliance
(a) Every agency of this State publishing a public document, other than one published for the principal purpose of sale to the public, shall cause...
- § 143-170.2 Publication procedure manuals
(a) The State Librarian in consultation with the State Auditor shall administer and periodically revise guidelines to be used by all State agencies and community...
- § 143-170.3 Reports; audits
(a) The Department of Administration shall report to the Joint Legislative Commission on Governmental Operations each State agency and community college that fails to timely...
- § 143-170.4 Administrative Office of the Courts; publications procedures manual; reports
Not later than June 1, 1990, the Administrative Office of the Courts, after review of the Department of Administration's state publications procedures guidelines and after...
- § 143-170.5 Designated public documents to be printed on alkaline paper
The State Librarian and the University Librarian at the University of North Carolina at Chapel Hill shall designate annually as provided by G.S. 125‑11.13 those...
Article 14 - North Carolina Zoological Authority.
- § 143-171 through 143-176.1 Repealed by Session Laws 1973, c. 1262, s. 85
- § 143-177 Right to receive gifts
In order to carry out the purposes of this Article, the Board is authorized to acquire by gift or will, absolutely or in trust, from...
- § 143-177.1 North Carolina Zoological Park Fund
All gifts made to the North Carolina Zoological Park for the purposes of this Article shall be exempt from every form of taxation including, but...
- § 143-177.2 Cities and counties
Cities and counties are hereby authorized to expend funds derived from nontax sources and to make gifts of surplus property, to assist in carrying out...
- § 143-177.3 Sources of funds
(a) It is the intent of this Article that the funds for the creation, establishment, construction, operation and maintenance of the North Carolina Zoological Park...
Article 15 - Council of State Governments.
Article 16 - Spanish-American War Relief Fund.
Article 17 - State Post-War Reserve Fund.
Article 18 - Rules and Regulations Filed with Secretary of State.
Article 19 - Roanoke Island Historical Association.
- § 143-199 Association under patronage and control of State
Roanoke Island Historical Association, Incorporated is hereby permanently placed under the patronage and control of the State. (1945, c. 953, s. 1.)
- § 143-200 Members of board of directors; terms; appointment
The governing body of the Association shall be a board of directors consisting of the Governor of the State, the Attorney General, the Superintendent of...
- § 143-201 Bylaws; officers of board
The said board of directors when organized under the terms of this Article shall have authority to adopt bylaws for the organization and said bylaws...
- § 143-202 Exempt from taxation; gifts and donations
The said Association is and shall be an educational and charitable association within the meaning of the laws of the State of North Carolina, and...
- § 143-203 Repealed by Session Laws 1983, c. 913, s. 39, effective July 22, 1983
- § 143-204 Repealed by Session Laws 1977, c. 996, s. 3
Article 19A - Governor Richard Caswell Memorial Commission.
Article 19B - Historic Swansboro Commission.
Article 19C - Outdoor Historical Dramas.
- § 143-204.8 Allotments to outdoor historical dramas
(a) Upon the application of an outdoor historical drama corporation or trust, approved by the Secretary of Cultural Resources, the Governor and the Council of...
Article 20 - Recreation Commission.
Article 21 - Water and Air Resources.
- § 143-211 Declaration of public policy
(a) It is hereby declared to be the public policy of this State to provide for the conservation of its water and air resources. Furthermore,...
- § 143-212 Definitions
Unless a different meaning is required by the context, the following definitions apply to this Article and Articles 21A and 21B of this Chapter: (1)...
- § 143-213 Definitions
Unless the context otherwise requires, the following terms as used in this Article and Articles 21A and 21B of this Chapter are defined as follows:...
- § 143-214 Repealed by Session Laws 1973, c. 1262, s. 23
- § 143-214.1 Water; water quality standards and classifications; duties of Commission
(a) Development and Adoption of Classifications and Standards. The Commission is hereby directed and empowered, as rapidly as possible within the limits of funds and...
- § 143-214.2 Prohibited discharges
(a) The discharge of any radiological, chemical or biological warfare agent or high‑level radioactive waste to the waters of the State is prohibited. (b) The...
- § 143-214.2A Prohibited disposal of medical waste
(a) Violation. It is unlawful for any person to engage in conduct which causes or results in the dumping, discharging, or disposal directly or indirectly,...
- § 143-214.2B Storage of waste on vessels
The operator of a vessel in the State's waters shall take precautions to ensure that certain items do not enter and contaminate the waters. The...
- § 143-214.3 Revision to water quality standard
(a) Any person subject to the provisions of G.S. 143‑215.1 may petition the Commission for a hearing pursuant to G.S. 143‑215.4 for a revision to...
- § 143-214.4 Certain cleaning agents containing phosphorus prohibited
(a) No person may manufacture, store, sell, use, or distribute for sale or use any cleaning agent containing phosphorus in the State, except as otherwise...
- § 143-214.5 Water supply watershed protection
(a) Policy Statement. This section provides for a cooperative program of water supply watershed management and protection to be administered by local governments consistent with...
- § 143-214.6 Repealed by Session Laws 2004-195, s. 3.1, effective August 17, 2004
- § 143-214.7 Stormwater runoff rules and programs
(a) Policy, Purpose and Intent. The Commission shall undertake a continuing planning process to develop and adopt a statewide plan with regard to establishing and...
- § 143-214.8 Ecosystem Enhancement Program: established
The Ecosystem Enhancement Program is established within the Department of Environment and Natural Resources. The Ecosystem Enhancement Program shall be developed by the Department as...
- § 143-214.9 Ecosystem Enhancement Program: purposes
The purposes of the program are as follows: (1) To restore wetlands functions and values across the State to replace critical functions lost through historic...
- § 143-214.10 Ecosystem Enhancement Program: development and implementation of basinwide restoration plans
Develop Basinwide Restoration Plans. The Department shall develop basinwide plans for wetlands and riparian area restoration with the goal of protecting and enhancing water quality,...
- § 143-214.11 Ecosystem Enhancement Program: compensatory mitigation
(a) Definition. For purposes of this section, the term "compensatory mitigation" means the restoration, creation, enhancement, or preservation of wetlands or other areas required as...
- § 143-214.12 Ecosystem Enhancement Program: Ecosystem Restoration Fund
(a) Ecosystem Restoration Fund. The Ecosystem Restoration Fund is established as a nonreverting fund within the Department. The Fund shall be treated as a special...
- § 143-214.13 Ecosystem Enhancement Program: reporting requirement
(a) The Department of Environment and Natural Resources shall report each year by November 1 to the Environmental Review Commission regarding its progress in implementing...
- § 143-214.14 Cooperative State-local coalition water quality protection plans
(a) Definitions. The following definitions apply in this section: (1) "Basin" means a river basin as defined in G.S. 143‑215.22G or any subbasin or segment...
- § 143-214.15 through 143-214.19 Reserved for future codification purposes
- § 143-214.20 Riparian Buffer Protection Program: Alternatives to maintaining riparian buffers; compensatory mitigation fees
(a) The Commission shall establish a program to provide alternatives for persons who would otherwise be required to maintain riparian buffers and who can demonstrate...
- § 143-214.21 Riparian Buffer Protection Program: Riparian Buffer Restoration Fund
The Riparian Buffer Restoration Fund is established as a nonreverting fund within the Department. The Fund shall be treated as a special trust fund and...
- § 143-214.22 Riparian Buffer Protection Program: Department may accept donations of real property
The Department may accept donations of real property and interests in real property if the real property or interest in real property is a riparian...
- § 143-214.23 Riparian Buffer Protection Program: Delegation of riparian buffer protection requirements to local governments
(a) The Commission may delegate responsibility for the implementation and enforcement of the State's riparian buffer protection requirements to units of local government that have...
- § 143-214.24 Riparian Buffer Protection Program: Coordination with River Basin Associations
(a) Prior to drafting temporary or permanent rules that require the preservation of riparian buffers in a river basin, the Department shall consult with major...
- § 143-214.25 Expired
- § 143-215 Effluent standards or limitations
(a) The Commission is authorized and directed to develop, adopt, modify and revoke effluent standards or limitations and waste treatment management practices as it determines...
- § 143-215.1 Control of sources of water pollution; permits required
(a) Activities for Which Permits Required. No person shall do any of the following things or carry out any of the following activities unless that...
- § 143-215.1A Closed-loop groundwater remediation systems allowed
(a) The phrase "closed‑loop groundwater remediation system" means a system and attendant processes for cleaning up contaminated groundwater by pumping groundwater, treating the groundwater to...
- § 143-215.1B Extension of date for compliance with nitrogen and phosphorus discharge limits
(a) The Commission may extend a compliance date established under G.S. 143‑215.1(c6) only in accordance with the requirements of this section and only upon the...
- § 143-215.1C Report to wastewater system customers on system performance; publication of notice of discharge of untreated wastewater and waste
(a) Report to Wastewater System Customers. The owner or operator of any wastewater collection or treatment works, the operation of which is primarily to collect...
- § 143-215.2 Special orders
(a) Issuance. The Commission may, after the effective date of classifications, standards and limitations adopted pursuant to G.S. 143‑214.1 or G.S. 143‑215, or a water...
- § 143-215.3 General powers of Commission and Department; auxiliary powers
(a) Additional Powers. In addition to the specific powers prescribed elsewhere in this Article, and for the purpose of carrying out its duties, the Commission...
- § 143-215.3A Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports
(a) The Water and Air Quality Account is established as a nonreverting account within the Department. Revenue in the Account shall be applied to the...
- § 143-215.3B Repealed by Session Laws, 2005-454, s. 8, effective January 1, 2006
- § 143-215.3C Confidential information protected
(a) Information obtained under this Article or Article 21A or 21B of this Chapter shall be available to the public except that, upon a showing...
- § 143-215.3D Fee schedule for water quality permits
(a) Annual fees for discharge and nondischarge permits under G.S. 143‑215.1. (1) Major Individual NPDES Permits. The annual fee for an individual permit for a...
- § 143-215.4 Mailing list for rules; procedures for public input; form of order or decision; seal; official notice
(a) Mailing List. When the Commission proposes or adopts a rule establishing water quality classifications and standards under G.S. 143‑214.1 or establishing effluent standards or...
- § 143-215.5 Judicial review
(a) Article 4 of Chapter 150B of the General Statutes governs judicial review of a final agency decision or order of the Secretary or of...
- § 143-215.6 Recodified as §§ 143-215.6A through 143-215.6C
(a) Recodified as G.S. 143‑215.6A by Session Laws 1989 (Regular Session, 1990), c. 1045, s. 1. (b) Recodified as G.S. 143‑215.6B by Session Laws 1989...
- § 143-215.6A Enforcement procedures: civil penalties
(a) A civil penalty of not more than twenty‑five thousand dollars ($25,000) may be assessed by the Secretary against any person who: (1) Violates any...
- § 143-215.6B Enforcement procedures: criminal penalties
(a) For purposes of this section, the term "person" shall mean, in addition to the definition contained in G.S. 143‑212, any responsible corporate or public...
- § 143-215.6C Enforcement procedures; injunctive relief
Whenever the Department has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part,...
- § 143-215.6D Additional requirements applicable to certain municipal wastewater treatment facilities
(a) As used in this section, "municipal" and "municipality" refer to any unit of local government which operates a wastewater treatment plant. As used in...
- § 143-215.6E Violation Points System applicable to swine farms
(a) The Commission shall develop a Violation Points System applicable to permits for animal waste management systems for swine farms. This system shall operate in...
- § 143-215.7 Effect on laws applicable to public water supplies and the sanitary disposal of sewage
This Article shall not be construed as amending, repealing, or in any manner abridging or interfering with the provisions of Article 10 of Chapter 130A...
- § 143-215.8 Repealed by Session Laws 1973, c. 698, s. 13
- § 143-215.8A Planning
(a) Policy, Purpose and Intent. The Commission and Department shall undertake a continuing planning process to develop and adopt plans and programs to assure that...
- § 143-215.8B Basinwide water quality management plans
(a) The Commission shall develop and implement a basinwide water quality management plan for each of the 17 major river basins in the State. In...
- § 143-215.8C Repealed by Session Laws 2005-386, s. 2.1, effective December 1, 2005
- § 143-215.8D North Carolina Water Quality Workgroup; Rivernet
(a) The Department of Environment and Natural Resources and North Carolina State University shall jointly establish the North Carolina Water Quality Workgroup. The Workgroup shall...
- § 143-215.9 Restrictions on authority of the Commission
Nothing in this Article shall be construed to: (1) Grant to the Commission any jurisdiction or authority with respect to air contamination existing solely within...
- § 143-215.9A Reports
(a) The Department shall report to the Environmental Review Commission and the Fiscal Research Division on or before 1 October of each year on the...
- § 143-215.9B Systemwide municipal and domestic wastewater collection system permit program report
The Environmental Management Commission shall develop and implement a permit program for municipal and domestic wastewater collection systems on a systemwide basis. The collection system...
- § 143-215.10 Repealed by Session Laws 1973, c. 1262, s. 23
- § 143-215.10A Legislative findings and intent
The General Assembly finds that animal operations provide significant economic and other benefits to this State. The growth of animal operations in recent years has...
- § 143-215.10B Definitions
As used in this Part: (1) "Animal operation" means any agricultural feedlot activity involving 250 or more swine, 100 or more confined cattle, 75 or...
- § 143-215.10C Applications and permits
(a) No person shall construct or operate an animal waste management system for an animal operation or operate an animal waste management system for a...
- § 143-215.10D Operations review
(a) The Division, in cooperation with the Division of Soil and Water Conservation, shall develop a reporting procedure for use by technical specialists who conduct...
- § 143-215.10E Violations requiring immediate notification
(a) Any employee of a State agency or unit of local government lawfully on the premises and engaged in activities relating to the animal operation...
- § 143-215.10F Inspections
The Division shall conduct inspections of all animal operations that are subject to a permit under G.S. 143‑215.10C at least once a year to determine...
- § 143-215.10G Fees for animal waste management systems
(a) The Department shall charge an annual permit fee to an animal operation that is subject to a permit under G.S. 143‑215.10C for an animal...
- § 143-215.10H Swine integrator registration
(a) Definitions. As used in this section: (1) "Grower" means a person who holds a permit for an animal waste management system under this Part...
- § 143-215.10I Performance standards for animal waste management systems that serve swine farms; lagoon and sprayfield systems prohibited
(a) As used in this section: (1) "Anaerobic lagoon" means a lagoon that treats waste by converting it into carbon dioxide, methane, ammonia, and other...
- § 143-215.10J through 143-215.10L Reserved for future codification purposes
- § 143-215.10M Reports
(a) The Department shall report to the Environmental Review Commission and the Fiscal Research Division on or before 1 October of each year as required...
- § 143-215.11 Short title
This Part shall be known and may be cited as the Water Use Act of 1967. (1967, c. 933, s. 1.)
- § 143-215.12 Declaration of purpose
It is hereby declared that the general welfare and public interest require that the water resources of the State be put to beneficial use to...
- § 143-215.13 Declaration of capacity use areas
(a) The Environmental Management Commission may declare and delineate from time to time, and may modify, capacity use areas of the State where it finds...
- § 143-215.14 Rules within capacity use areas; scope and procedures
(a) Following the declaration of a capacity use area by the Commission, it shall prepare proposed rules to be applied in said area, containing such...
- § 143-215.15 Permits for water use within capacity use areas - Procedures
(a) In areas declared by the Commission to be capacity use areas no person shall (after the expiration of such period, not in excess of...
- § 143-215.16 Permits for water use within capacity use areas – duration, transfer, reporting, measurement, present use, fees and penalties
(a) No permit under G.S. 143‑215.15 shall be issued for a longer period than the longest of the following: (i) 10 years, or (ii) the...
- § 143-215.17 Enforcement procedures
(a) Criminal Penalties. Any person who shall be adjudged to have violated any provision of this Part shall be guilty of a Class 3 misdemeanor...
- § 143-215.18 Map or description of boundaries of capacity use areas
(a) The Commission in designating and the Department in recommending the boundaries of any capacity use area may define such boundaries by showing them on...
- § 143-215.19 Administrative inspection; reports
(a) When necessary for enforcement of this Part, and when authorized by rules of the Commission, employees of the Commission may inspect any property, public...
- § 143-215.20 Repealed by Session Laws 1987, c. 827, s. 173
- § 143-215.21 Definitions
Unless the context otherwise requires, the following terms as used in this Part are defined as follows: (1), (2) Repealed by Session Laws 1987, c....
- § 143-215.22 Law of riparian rights not changed
Nothing contained in this Part shall change or modify existing common or statutory law with respect to the relative rights of riparian owners concerning the...
- § 143-215.22A Water withdrawal policy; remedies
(a) It is against the public policy of North Carolina to withdraw water from any major river or reservoir if both of the following factors...
- § 143-215.22B Roanoke River Basin water rights
The State reserves and allocates to itself, as protector of the public interest, all rights in the water located in those portions of Kerr Lake...
- § 143-215.22C through 143-215.22F Reserved for future codification purposes
- § 143-215.22G Definitions
In addition to the definitions set forth in G.S. 143‑212 and G.S. 143‑213, the following definitions apply to this Part. (1) "River basin" means any...
- § 143-215.22H Registration of water withdrawals and transfers required
(a) Any person who withdraws 100,000 gallons per day or more of water from the surface or groundwaters of the State or who transfers 100,000...
- § 143-215.22J Repealed by Session Laws 2004-195, s. 3.1, effective August 17, 2004
- § 143-215.22K Repealed by Session Laws 2004-195, s. 3.1, effective August 17, 2004
- § 143-215.22L Regulation of surface water transfers
(a) Certificate Required. No person, without first obtaining a certificate from the Commission, may: (1) Initiate a transfer of 2,000,000 gallons of water or more...
- § 143-215.23 Short title
This Part shall be known and may be cited as the Dam Safety Law of 1967. (1967, c. 1068, s. 1.)
- § 143-215.24 Declaration of purpose
It is the purpose of this Part to provide for the certification and inspection of dams in the interest of public health, safety, and welfare,...
- § 143-215.25 Definitions
As used in this Part, unless the context otherwise requires: (1) "Dam" means a structure and appurtenant works erected to impound or divert water. (2)...
- § 143-215.25A Exempt dams
(a) Except as otherwise provided in this Part, this Part does not apply to any dam: (1) Constructed by the United States Army Corps of...
- § 143-215.26 Construction of dams
(a) No person shall begin the construction of any dam until at least 10 days after filing with the Department a statement concerning its height,...
- § 143-215.27 Repair, alteration, or removal of dam
(a) Before commencing the repair, alteration or removal of a dam, application shall be made for written approval by the Department, except as otherwise provided...
- § 143-215.28 Action by Commission upon applications
(a) Following receipt of agency comments the Commission shall approve, disapprove, or approve subject to conditions necessary to ensure safety and to satisfy minimum stream...
- § 143-215.28A Application fees
(a) In accordance with G.S. 143‑215.3(a)(1a), the Commission may establish a fee schedule for processing applications for approvals of construction or removal of dams issued...
- § 143-215.29 Supervision by qualified engineers; reports and modification during work
(a) Any project for which the Commission's approval is required under G.S. 143‑215.26, 143‑215.27, and 143‑215.28, and any project undertaken pursuant to an order of...
- § 143-215.30 Notice of completion; certification of final approval
(a) Immediately upon completion, enlargement, repair, alteration or removal of a dam, notice of completion shall be given the Commission. As soon as possible thereafter...
- § 143-215.31 Supervision over maintenance and operation of dams
(a) The Commission shall have jurisdiction and supervision over the maintenance and operation of dams to safeguard life and property and to satisfy minimum streamflow...
- § 143-215.32 Inspection of dams
(a) The Department may at any time inspect any dam, including a dam that is otherwise exempt from this Part, upon receipt of a written...
- § 143-215.33 Administrative hearing
A person to whom a decision or a dam safety order is issued under this Part may contest the decision or order by filing a...
- § 143-215.34 Investigations by Department; employment of consultants
The Department shall make such investigations and assemble such data as it deems necessary for a proper review and study of the design and construction...
- § 143-215.35 Liability for damages
No action shall be brought against the State of North Carolina, the Department, or the Commission or any agent of the Commission or any employee...
- § 143-215.36 Enforcement procedures
(a) Criminal Penalties. Any person who shall be adjudged to have violated this Article shall be guilty of a Class 3 misdemeanor and shall only...
- § 143-215.37 Rights of investigation, entry, access, and inspection
The Commission shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed...
- § 143-215.38 Short title
This Part shall be known as and may be cited as the Federal Water Resources Development Law of 1969. (1969, cc. 724, 968.)
- § 143-215.39 Public policy
It is hereby declared the public policy of the State of North Carolina to encourage development of such river and harbor, flood control and other...
- § 143-215.40 Resolutions and ordinances assuring local cooperation
(a) The boards of commissioners of the several counties, in behalf of their respective counties, the governing bodies of the several municipalities, in behalf of...
- § 143-215.41 Items of cooperation to which localities and the State may bind themselves
Such resolutions and ordinances may irrevocably bind such county, municipality, other local unit, or the State of North Carolina, acting through the Commission, to the...
- § 143-215.42 Acquisition of lands
(a) For the purpose of complying with the terms of local cooperation as specified in this Part, and as stipulated in the congressional document covering...
- § 143-215.43 Additional powers
For the purpose of complying with requirements of local cooperation as described in this Part, county and municipal governing bodies shall also have the power...
- § 143-215.44 Right of withdrawal
(a) A person who lawfully impounds water for the purpose of withdrawal shall have a right of withdrawal of excess volume of water attributable to...
- § 143-215.45 Transfer of right of withdrawal
A person with a right of withdrawal may assign or transfer it in whole or in part to another, subject to those rights of reassignment...
- § 143-215.46 Exercise of right of withdrawal
A person may exercise right of withdrawal by withdrawing directly from the impoundment, from a watercourse below the impoundment, or from both; provided, however, that...
- § 143-215.47 Effect of right of withdrawal on discharges of water
Neither a right of withdrawal nor any assignment or transfer of said right may be asserted in defense against a claim that the method of...
- § 143-215.48 Determining streamflows
(a) In litigation in which the rate of flow of water that would exist in the absence of an impoundment is in issue, that rate...
- § 143-215.49 Right of withdrawal for use in community water supply
A person operating a municipal, county, community or other local water distribution or supply system and having a right of withdrawal may assert that right...
- § 143-215.50 Interpretation with other statutes
Whether rights of withdrawal shall have effect in a capacity use area declared by the Commission under the Water Use Act of 1967 shall be...
- § 143-215.51 Purposes
The purposes of this Part are to: (1) Minimize the extent of floods by preventing obstructions that inhibit water flow and increase flood height and...
- § 143-215.52 Definitions
(a) As used in this Part: (1) "Artificial obstruction" means any obstruction to the flow of water in a stream that is not a natural...
- § 143-215.53 Repealed by Session Laws 2000-150, s. 1
- § 143-215.54 Regulation of flood hazard areas; prohibited uses
(a) A local government may adopt ordinances to regulate uses in flood hazard areas and grant permits for the use of flood hazard areas that...
- § 143-215.54A Minimum standards for ordinances; variances for prohibited uses
(a) A flood hazard prevention ordinance adopted by a county or city pursuant to this Part shall, at a minimum: (1) Meet the requirements for...
- § 143-215.55 Acquisition of existing structures
A local government may acquire, by purchase, exchange, or condemnation an existing structure located in a flood hazard area in the area regulated by the...
- § 143-215.56 Delineation of flood hazard areas and 100-year floodplains; powers of Department; powers of local governments and of the Department
(a) For the purpose of delineating a flood hazard area and evaluating the possibility of flood damages, a local government may: (1) Request technical assistance...
- § 143-215.57 Procedures in issuing permits
(a) A local government may establish application forms and require maps, plans, and other information necessary for the issuance of permits in a manner consonant...
- § 143-215.58 Violations and penalties
(a) Any willful violation of this Part or of any ordinance adopted (or of the provisions of any permit issued) under the authority of this...
- § 143-215.59 Other approvals required
(a) The granting of a permit under the provisions of this Part shall in no way affect any other type of approval required by any...
- § 143-215.60 Liability for damages
No action for damages sustained because of injury or property damage caused by a structure or obstruction for which a permit has been granted under...
- § 143-215.61 Floodplain management
The provisions of this Part shall not preclude the imposition by responsible local governments of land use controls and other regulations in the interest of...
- § 143-215.62 Revolving fund established; conditions and procedures
(a) There is established under the control and direction of the Department a Hurricane Flood Protection and Beach Erosion Control Project Revolving Fund, to consist...
- § 143-215.63 Short title
This Part shall be known and may be cited as the Water and Air Quality Reporting Act of 1971. (1971, c. 1167, s. 9.)
- § 143-215.64 Purpose
The purpose of this Article is to require all persons who are subject to the provisions of G.S. 143‑215.1, 143‑215.108, or 143‑215.109 to file reports...
- § 143-215.65 Reports required
All persons subject to the provisions of G.S. 143‑215.1, 143‑215.108, or 143‑215.109 who discharge wastes to the waters or emit air contaminants to the outdoor...
- § 143-215.66 Monitoring required
In order to provide for adequately monitoring the discharge of wastes to the waters and the emission of contaminants to the outdoor atmosphere and their...
- § 143-215.67 Acceptance of wastes to disposal systems and air-cleaning devices
(a) No person subject to the provisions of G.S. 143‑215.1, 143‑215.108, or 143‑215.109 shall willfully cause or allow the discharge of any wastes or air...
- § 143-215.68 Repealed by Session Laws 1987, c. 827, s. 188
- § 143-215.69 Enforcement procedures
(a) (1) Criminal Penalties. Except as provided in subdivision (2) of this subsection, any person who violates any provisions of this Part or any rules...
- § 143-215.70 Secretary of Environment and Natural Resources authorized to accept applications
The Secretary is authorized to accept applications for grants for nonfederal costs relating to water resources development projects from units of local government sponsoring such...
- § 143-215.71 Purposes for which grants may be requested
Applications for grants may be made for the nonfederal share of water resources development projects for the following purposes in amounts not to exceed the...
- § 143-215.72 Review of applications
(a) The Secretary shall receive and review applications for the grants specified in this Part and approve, approve in part, or disapprove such applications. (b)...
- § 143-215.73 Recommendation and disbursal of grants
After review of grant applications, project funds shall be disbursed and monitored by the Department. (1979, c. 1046, s. 1; 1983, c. 717, s. 70;...
- § 143-215.73A Water Resources Development Plan
(a) Plan prepared. Before 1 July in each calendar year, the Department of Environment and Natural Resources shall prepare a statewide plan for water resources...
- § 143-215.74 Agriculture cost share program
(a) There is created the Agriculture Cost Share Program for Nonpoint Source Pollution Control. The program shall be created, implemented, and supervised by the Soil...
- § 143-215.74A Program participation
Participation in the program shall be voluntary. All participants in the program shall be required to match State funds at the same rate, and assistance...
- § 143-215.74B Committee established
Detailed plans for implementing the program shall be reviewed and suggested changes and reasons therefor shall be given by a committee consisting of the Master...
- § 143-215.74C through 143-215.74E Repealed by Session Laws 1995 (Regular Session, 1996), c. 626, s. 13
- § 143-215.74F Program authorized
The Department of Environment, Health, and Natural Resources may establish a Stream Watch Program to recognize and assist civic, environmental, educational, and other volunteer groups...
- § 143-215.74G Applications
The Department may accept and approve applications to affiliate with the Stream Watch Program from volunteer groups willing to adopt a specific body of water...
- § 143.215.74H Assistance
The Department may provide technical, organizational, and financial assistance to stream watch groups from such resources as may be available to the Department. (1989, c.
- § 143-215.74I Projects
The Department may encourage and assist stream watch groups to carry out projects for stream cleanup and restoration, stream surveillance and water quality monitoring, public...
- § 143-215.74M Community Conservation Assistance Program
(a) Program Established. There is established the Community Conservation Assistance Program. The Program shall be implemented and supervised by the Soil and Water Conservation Commission....
Article 21A - Oil Pollution and Hazardous Substances Control.
- § 143-215.75 Title
This Article shall be known and may be cited as the "Oil Pollution and Hazardous Substances Control Act of 1978." (1973, c. 534, s. 1;...
- § 143-215.76 Purpose
It is the purpose of this Article to promote the health, safety, and welfare of the citizens of this State by protecting the land and...
- § 143-215.77 Definitions
As used in this Article, unless the context otherwise requires: (1) "Barrel" shall mean 42 U.S. gallons at 60 degrees Fahrenheit. (2) "Commission" means the...
- § 143-215.77A Designation of hazardous substances and determination of quantities which may be harmful
(a) Those substances designated as hazardous as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(2)(A)...
- § 143-215.78 Oil pollution control program
The Department shall establish an oil pollution control program for the administration of this Article. The Department may employ and prescribe the duties of employees...
- § 143-215.79 Inspections and investigations; entry upon property
The Commission, through its authorized representatives, is empowered to conduct such inspections and investigations as shall be reasonably necessary to determine compliance with the provisions...
- § 143-215.80 Confidential information
Any information relating to a secret process, device or method of manufacturing or production discovered or obtained in the course of an inspection, investigation, project...
- § 143-215.81 Authority supplemental
The authority and powers granted under this Article shall be in addition to, and not in derogation of, any authority or powers vested in the...
- § 143-215.82 Local ordinances
Nothing in the Article shall be construed to deny any county, municipality, sanitary district, metropolitan sewerage district or other authorized local governmental entity, by ordinance,...
- § 143-215.83 Discharges
(a) Unlawful Discharges. It shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil...
- § 143-215.84 Removal of prohibited discharges
(a) Person Discharging. Any person having control over oil or other hazardous substances discharged in violation of this Article shall immediately undertake to collect and...
- § 143-215.85 Required notice
(a) Except as provided in G.S. 143‑215.94E(a1) and subsection (b) of this section, every person owning or having control over oil or other substances discharged...
- § 143-215.85A Recordation of oil or hazardous substance discharge sites
(a) The owner of the real property on which a site is located that is subject to current or future use restrictions approved as provided...
- § 143-215.86 Other State agencies and State-designated local agencies
(a) Planning. The State Emergency Response Commission shall be responsible for developing a program, including training, for the waters of the State, including offshore marine...
- § 143-215.87 Oil or Other Hazardous Substances Pollution Protection Fund
There is hereby established under the control and direction of the Department an Oil or Other Hazardous Substances Pollution Protection Fund which shall be a...
- § 143-215.88 Payment to State agencies or State-designated local agencies
Upon completion of any oil or other hazardous substances removal or restoration project or activity conducted pursuant to the provisions of this Part, each agency...
- § 143-215.88A Enforcement procedures: civil penalties
(a) Any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of...
- § 143-215.88B Enforcement procedures: criminal penalties
(a) No proceeding shall be brought or continued under this section for or on account of a violation by any person who has previously been...
- § 143-215.89 Multiple liability for necessary expenses
Any person liable for costs of cleanup of oil or other hazardous substances under this Part shall have a cause of action to recover such...
- § 143-215.90 Liability for damage to public resources
(a) Any person who discharges oil or other hazardous substances in violation of this Article or violates any order or rule of the Commission adopted...
- § 143-215.91 Recodified as §§ 143-215.88A, 143-215.88B
- § 143-215.91A Limited liability for volunteers in oil and hazardous substance abatement
Part 5 of this Article shall apply to the determination of civil liability or penalty pursuant to this Article. (1987, c. 269, s. 3.)
- § 143-215.92 Lien on vessel
Any vessel (other than one owned or operated by the State of North Carolina or its political subdivisions or the United States government) from which...
- § 143-215.93 Liability for damage caused
Any person having control over oil or other hazardous substances which enters the waters of the State in violation of this Part shall be strictly...
- § 143-215.93A Limitation on liability of persons engaged in removal of oil discharges
(a) Except as provided in subsection (b) of this section, a person is not liable under this Part, Part 2C of this Article, Articles 21...
- § 143-215.94 Joint and several liability
In order to provide maximum protection for the public interest, any actions brought pursuant to G.S. 143‑215.88 through 143‑215.91(a), 143‑215.93 or any other section of...
- § 143-215.94A Definitions
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part and Part 2B of this Article: (1a) "Affiliate"...
- § 143-215.94B Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund
(a) There is established under the control and direction of the Department the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund. This Commercial Fund shall...
- § 143-215.94C Commercial leaking petroleum underground storage tank cleanup fees
(a) For purposes of this subsection, each compartment of a commercial underground storage tank that is designed to independently contain a petroleum product is a...
- § 143-215.94D Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund
(a) There is established under the control and direction of the Department the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund. This Noncommercial Fund shall...
- § 143-215.94E Rights and obligations of the owner or operator
(a) Upon a determination that a discharge or release of petroleum from an underground storage tank has occurred, the owner or operator of the underground...
- § 143-215.94F Limited amnesty
Any owner or operator who reports a suspected discharge or release from an underground storage tank prior to 1 October 1989 shall not be liable...
- § 143-215.94G Authority of the Department to engage in cleanups; actions for fund reimbursement
(a) The Department may use staff, equipment, or materials under its control or provided by other cooperating federal, State, or local agencies and may contract...
- § 143-215.94H Financial responsibility
The Department shall require each owner and operator of a petroleum underground storage tank who is required to demonstrate financial responsibility under rules promulgated by...
- § 143-215.94I Insurance pools authorized; requirements
(a) As used in this section, "Commissioner" means the Commissioner of Insurance of the State of North Carolina. (b) Owners and operators of underground storage...
- § 143-215.94J Limitation of liability of the State of North Carolina
(a) No claim filed against either the Commercial Fund or the Noncommercial Fund shall be paid except from assets of the respective fund as provided...
- § 143-215.94K Enforcement
The provisions of G.S. 143‑215.94W through G.S. 143‑215.94Y shall apply to this Part. (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1993, c. 400, s....
- § 143-215.94L Adoption of rules; administrative procedure; short title; miscellaneous provisions
(a) The Commission may adopt rules necessary to implement the provisions of this Part. Except as may be otherwise specifically provided, the provisions of Chapter...
- § 143-215.94M Reports
(a) The Secretary shall present an annual report to the Environmental Review Commission which shall include at least the following: (1) A list of all...
- § 143-215.94N Applicability
(a) The provisions of this Part as they relate to costs paid from the Commercial Fund apply only to discharges or releases that are discovered...
- § 143-215.94O Petroleum Underground Storage Tank Funds Council
(a) The North Carolina Petroleum Underground Storage Tank Funds Council is created. The Council shall be composed of 11 members as follows: (1) An employee...
- § 143-215.94P Groundwater Protection Loan Fund
(a) There is established under the control and direction of the Department the Groundwater Protection Loan Fund. This Loan Fund shall be a nonreverting revolving...
- § 143-215.94Q through 143-215.94S Reserved for future codification purposes
- § 143-215.94T Adoption and implementation of regulatory program
(a) The Commission shall adopt, and the Department shall implement and enforce, rules relating to underground storage tanks as provided by G.S. 143‑215.3(a)(15) and G.S....
- § 143-215.94U Registration of petroleum commercial underground storage tanks; operation of petroleum underground storage tanks; operating permit required
(a) The owner or operator of each petroleum commercial underground storage tank shall annually obtain an operating permit from the Department for the facility at...
- § 143-215.94V Standards for petroleum underground storage tank cleanup
(a) Legislative findings and intent. (1) The General Assembly finds that: a. The goals of the underground storage tank program are to protect human health...
- § 143-215.94W Enforcement procedures: civil penalties
(a) A civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the Secretary against any person who: (1) Violates any...
- § 143-215.94X Enforcement procedures: criminal penalties
(a) Any person who negligently commits any of the offenses set out in subdivisions (1) through (9) of G.S. 143‑215.94W(a) shall be guilty of a...
- § 143-215.94Y Enforcement procedures; injunctive relief
Whenever the Department has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part,...
- § 143-215.94Z Reserved for future codification purposes
- § 143-215.94AA Declaration of public policy
The General Assembly hereby finds and declares as follows: (1) The traditional uses of the seacoast of the State are public and private recreation, commercial...
- § 143-215.94BB Definitions
In addition to the definitions set out in G.S. 143‑215.77, as used in this Part, the following definitions shall apply: (1) "Damages" are damages for...
- § 143-215.94CC Liability under this section; exceptions
(a) Any responsible person shall be strictly liable, notwithstanding any language of limitation found in G.S. 143‑215.89, for all cleanup and removal costs and all...
- § 143-215.94DD Joint and several liability; damages; personal injury
(a) Liability under this Part shall be joint and several. However, this section does not bar a cause of action that a responsible person has...
- § 143-215.94EE Removal of prohibited discharges
(a) The Department shall be authorized and empowered to proceed with the cleanup of discharges covered under this Part pursuant to the authority granted to...
- § 143-215.94FF Authorization of the Attorney General; citizens' suits
(a) For any violation of this Part, the Attorney General may, on behalf of the State and on behalf of affected citizens of the State...
- § 143-215.94GG Notification by persons responsible for discharge
(a) Any person responsible for an offshore discharge under this Part shall immediately notify the Division of Emergency Management pursuant to rules established by the...
- § 143-215.94HH Oil spill contingency plan
(a) The State Emergency Response Commission, in consultation with the Secretary of Administration or his designee in the Outer Continental Shelf Lands Office, shall develop...
- § 143-215.94II Emergency proclamation; Governor's powers
(a) Whenever any emergency exists or appears imminent, arising from the discharge of oil or other pollutants within the marine environment, the Governor shall by...
- § 143-215.94JJ Federal law
Nothing in this Part shall authorize State agencies to impose any duties or obligations in conflict with limitations on State authority established by federal law...
- § 143-215.95 Duties of Secretary
The Secretary shall administer the provisions for registration of oil terminal facilities contained in this Part. In addition, he shall engage in such study and...
- § 143-215.96 Oil terminal facility registration
(a) The owner or operator of every oil terminal facility in the State shall secure a registration certificate from the Secretary. The Secretary shall not...
- § 143-215.97 Rules
The Secretary may adopt rules to implement this Part. (1973, c. 534, s. 1; 1975, 2nd Sess., c. 983, s. 82; 1977, c. 771, s....
- § 143-215.98 Violations
Any person who shall be adjudged to have violated any provision of this Part or any rule of the Secretary adopted hereunder shall be guilty...
- § 143-215.99 Repealed by Session Laws 1975, c. 521, s. 1
- § 143-215.100 Oil refining facility permits
No facility which is to be used or is capable of being used for the purpose of refining oil shall be initiated or constructed after...
- § 143-215.101 Powers of the Secretary
The Secretary has the power to: (1) Adopt rules implementing this Part. Rules adopted under this Part may include the following matters: a. Requirements for...
- § 143-215.102 Penalties
(a) Civil Penalty. Any person who violates any provision of this Part, or any rule, regulation or order made pursuant to this Part, shall incur,...
- § 143-215.103 Definitions
As used in this Part, unless the context otherwise requires: (1) "Discharge" shall mean leakage, seepage, or other release. (2) "Hazardous materials" shall mean oil,...
- § 143-215.104 Limited liability for volunteers in hazardous material abatement
Any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or...
- § 143-215.104A (Repealed effective January 1, 2012 - See Notes) Title
This part is the "Dry‑Cleaning Solvent Cleanup Act of 1997" and may be cited by that name. (1997‑392, s. 1.)
- § 143-215.104B (Repealed effective January 1, 2012 - See editor's notes) Definitions
(a) Unless a different meaning is required by the context or unless a different meaning is set out in subsection (b) of this section, the...
- § 143-215.104C (Repealed effective January 1, 2012 - See notes) Dry-Cleaning Solvent Cleanup Fund
(a) Creation. The Dry‑Cleaning Solvent Cleanup Fund is established as a special revenue fund to be administered by the Commission. Accordingly, revenue in the Fund...
- § 143-215.104D (Repealed effective January 1, 2012 - See notes) Powers of the Commission
(a) Administrative Functions. The Commission may delegate any or all of the powers enumerated in this subsection to the Department. The Commission shall: (1) Accept...
- § 143-215.104E Repealed by Session Laws 2000-19, s. 3
- § 143-215.104F (Repealed effective January 1, 2012 - See notes) Requirements for certification, assessment agreements, and remediation agreements
(a) General Requirements. Any person petitioning for certification of a facility or an abandoned site pursuant to G.S. 143‑215.104G, for a dry‑cleaning solvent assessment agreement...
- § 143-215.104G (Repealed effective January 1, 2012 - See notes) Certification of facilities and abandoned sites
(a) A potentially responsible party may petition the Commission to certify a facility or abandoned site where a release of dry‑cleaning solvent has occurred. The...
- § 143-215.104H (Repealed effective January 1, 2012 - See notes) Dry-Cleaning Solvent Assessment Agreements
(a) Assessment Agreements. One or more potentially responsible parties may petition the Commission to enter into a dry‑cleaning solvent assessment agreement regarding a facility or...
- § 143-215.104I (Repealed effective January 1, 2012 - See notes) Dry-Cleaning solvent remediation agreements
(a) Upon the completion of assessment activities required by a dry‑cleaning solvent assessment agreement, one or more potentially responsible parties may petition the Commission to...
- § 143-215.104J (Repealed effective January 1, 2012 - See notes) Decertification; termination of assessment agreements and remediation agreements
(a) The Commission may decertify a facility or abandoned site or renegotiate or terminate an assessment agreement or remediation agreement with respect to any party...
- § 143-215.104K (Repealed effective January 1, 2012 - See notes) Liability protection
(a) A potentially responsible party who enters into an assessment agreement or remediation agreement with the Commission and who is complying with the agreement shall...
- § 143-215.104L (Repealed effective January 1, 2012 ¦ See notes) Public notice and community involvement
(a) If a petitioner desires to enter into a dry‑cleaning solvent remediation agreement based on remediation standards that rely on the creation of land‑use restrictions,...
- § 143-215.104M (Repealed effective January 1, 2012 - See notes) Notice of Dry-Cleaning Solvent Remediation; land-use restrictions in deeds
(a) Land‑Use Restriction. In order to reduce or eliminate the danger to public health or the environment posed by a dry‑cleaning solvent contamination site, the...
- § 143-215.104N (Repealed effective January 1, 2012 - See notes) Disbursement of dry-cleaning solvent assessment and remediation costs; limitations; cost recovery
(a) Allowable Costs. To the extent monies are available in the Fund, the Commission shall pay for reasonable and necessary assessment and remediation activities at...
- § 143-215.104O (Repealed effective January 1, 2012 - See notes) Remediation of uncertified sites
(a) In the event the owner or operator of a facility or the current owner of an abandoned site cannot be identified or located, unreasonably...
- § 143-215.104P (Repealed effective January 1, 2012 - See notes) Enforcement procedures; civil penalties
(a) The Secretary may assess a civil penalty of not more than ten thousand dollars ($10,000) or, if the violation involves a hazardous waste, as...
- § 143-215.104Q (Repealed effective January 1, 2012 - see notes) Enforcement procedures; criminal penalties
(a) Any person who negligently commits any of the offenses set out in subdivisions (1) through (10) of G.S. 143‑215.104P(a) shall be guilty of a...
- § 143-215.104R (Repealed effective January 1, 2012 - see notes) Enforcement procedures; injunctive relief
Whenever the Commission has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part...
- § 143-215.104S (Repealed effective January 1, 2012 - See editor's notes) Appeals
Any person who is aggrieved by a decision of the Commission under G.S. 143‑215.104F through G.S. 143‑215.104O may commence a contested case by filing a...
- § 143-215.104T (Repealed effective January 1, 2012 - See notes) Construction of this Part
(a) This Part is not intended to and shall not be construed to: (1) Affect the ability of local governments to regulate land use under...
- § 143-215.104U (Repealed effective January 1, 2012 - see notes) Reporting requirements
(a) The Secretary shall present an annual report to the Environmental Review Commission that shall include at least the following: (1) A list of all...
Article 21B - Air Pollution Control.
- § 143-215.105 Declaration of policy; definitions
The declaration of public policy set forth in G.S. 143‑211, the definitions in G.S. 143‑212, and the definitions in G.S. 143‑213, applicable to the control...
- § 143-215.106 Administration of air quality program
The Department shall administer the air quality program of the State. (1973, c. 821, s. 6; c. 1262, s. 23; 1977, c. 771, s. 4;...
- § 143-215.106A Assessments to establish Title V program
(a) The holders of permits issued by the Commission for the control of sources of air pollution are assessed Title V program implementation fees on...
- § 143-215.107 Air quality standards and classifications
(a) Duty to Adopt Plans, Standards, etc. The Commission is hereby directed and empowered, as rapidly as possible within the limits of funds and facilities...
- § 143-215.107A Motor vehicle emissions testing and maintenance program
(a) General Provisions. (1) G.S. 143‑215.107(a)(6) shall be implemented as provided in this section. (2) Motor vehicle emissions inspections shall be performed by a person...
- § 143-215.107B Statewide goals for reduction in emissions of oxides of nitrogen; report
It shall be the goal of the State to reduce emissions of oxides of nitrogen (NOx) from all sources by at least twenty‑five percent (25%)...
- § 143-215.107C State agency goals, plans, duties, and reports
(a) As used in this section, alternative‑fueled vehicle means a motor vehicle capable of operating on electricity; natural gas; propane; hydrogen; reformulated gasoline; ethanol; other...
- § 143-215.107D Emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) from certain coal-fired generating units
(a) As used in this section: (1) "Coal‑fired generating unit" means a coal‑fired generating unit, as defined by 40 Code of Federal Regulations 96.2 (1...
- § 143-215.108 Control of sources of air pollution; permits required
(a) Except as provided in subsections (a1) and (a2) of this section, no person shall do any of the following things or carry out any...
- § 143-215.108A Control of sources of air pollution; construction of new facilities; alteration or expansion of existing facilities
(a) New Facilities. A person may not, without obtaining a permit under G.S. 143‑215.108, construct or operate an air contaminant source, equipment, or associated air...
- § 143-215.109 Control of complex sources
(a) The Commission shall by rule establish criteria for controlling the effects of complex sources on air quality. The rules shall set forth such basic...
- § 143-215.110 Special orders
(a) Issuance. The Commission is hereby empowered, after the effective date of standards and classifications adopted pursuant to G.S. 143‑215.107, to issue (and from time...
- § 143-215.111 General powers of Commission; auxiliary powers
In addition to the specific powers prescribed elsewhere in this Article and the applicable general powers prescribed in G.S. 143‑215.3, and for the purpose of...
- § 143-215.112 Local air pollution control programs
(a) The Commission is authorized and directed to review and have general oversight and supervision over all local air pollution control programs and to this...
- § 143-215.113 Repealed by Session Laws 1987, c. 827, s. 211
- § 143-215.114 Recodified as §§ 143-215.114A through 143-215.114C
(a) Recodified as G.S. 143‑215.114A by Session Laws 1989 (Reg. Sess., 1990), c. 1045, s. 4. (b) Recodified as G.S. 143‑215.114B by Session Laws 1989...
- § 143-215.114A Enforcement procedures: civil penalties
(a) A civil penalty of not more than twenty‑five thousand dollars ($25,000) may be assessed by the Secretary against any person who: (1) Violates any...
- § 143-215.114B Enforcement procedures: criminal penalties
(a) For purposes of this section, the term "person" shall mean, in addition to the definition contained in G.S. 143‑212, any responsible corporate or public...
- § 143-215.114C Enforcement procedures: injunctive relief
Whenever the Department has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Article...
Article 22 - State Ports Authority.
Article 23 - Armories.
Article 23A - Stadium Authority.
Article 24 - Wildlife Resources Commission.
- § 143-237 Title
This Article shall be known and may be cited as the North Carolina Wildlife Resources Law. (1947, c. 263, s. 1.)
- § 143-238 Definitions
As used in this Article unless the context clearly requires otherwise: (1) The word "Commission" shall mean the North Carolina Wildlife Resources Commission. (2) The...
- § 143-239 Statement of purpose
The purpose of this Article is to create a separate State agency to be known as the North Carolina Wildlife Resources Commission, the function, purpose,...
- § 143-240 Creation of Wildlife Resources Commission; districts; qualifications of members
(a) There is hereby created the Wildlife Resources Commission of the Department of Environment and Natural Resources which shall consist of 19 citizens of North...
- § 143-241 Appointment and terms of office of Commission members; filling of vacancies
The members of the North Carolina Wildlife Resources Commission shall be appointed as follows: The Governor shall appoint one member each from the first, fourth,...
- § 143-242 Vacancies by death, resignation or otherwise
Appointments to fill vacancies of gubernatorial appointees on the Commission occurring by reason of death, disability, resignation or otherwise shall be made by the Governor...
- § 143-243 Organization of the Commission; election of officers; Robert's Rules of Order
The Commission shall hold at least two meetings annually, one in January and one in July, and seven members of the Commission shall constitute a...
- § 143-244 Location of offices
The Board of Public Buildings and Grounds shall provide the Commission with offices in the city of Raleigh, North Carolina. (1947, c. 263, s. 8.)
- § 143-245 Repealed by Session Laws 1977, c. 906, s. 5
- § 143-246 Executive Director; appointment, qualifications and duties
The North Carolina Wildlife Resources Commission as soon as practicable after its organization shall select and appoint a competent person qualified as hereinafter set forth...
- § 143-247 Transfer of powers, duties, jurisdiction, and responsibilities
All duties, powers, jurisdiction, and responsibilities now vested by statute in and heretofore exercised by the Department of Conservation and Development, the Board of Conservation...
- § 143-247.1 Commission may accept gifts
The Wildlife Resources Commission is hereby authorized and empowered to accept gifts, donations or contributions from any source, which funds shall be held in a...
- § 143-247.2 Wildlife Conservation Account; emblems for those who donate to the Account
(a) Account. The Wildlife Conservation Account is established within the Wildlife Resources Fund and is subject to the oversight of the State Auditor pursuant to...
- § 143-248 Transfer of lands, buildings, records, equipment, and other properties
There is hereby transferred to the North Carolina Wildlife Resources Commission all lands, buildings, structures, records, reports, equipment, vehicles, supplies, materials, and other properties, and...
- § 143-249 Transfer of personnel
Upon July 1, 1947, the Division of Game and Inland Fisheries of the North Carolina Department of Conservation and Development shall cease to exist and...
- § 143-250 Wildlife Resources Fund
All moneys in the game and fish fund or any similar State fund when this Article becomes effective shall be credited forthwith to a special...
- § 143-250.1 Wildlife Endowment Fund
(a) Recognizing the inestimable importance to the State and its people of conserving the wildlife resources of North Carolina, and for the purpose of providing...
- § 143-251 Cooperative agreements
In furtherance of the purposes of this Article the Commission is hereby authorized and empowered to enter into cooperative agreements pertaining to the management and...
- § 143-252 Article subject to Chapter 113
Nothing in this Article shall be construed to affect the jurisdictional division between the North Carolina Wildlife Resources Commission and the Department of Environment and...
- § 143-253 Jurisdictional questions
In the event of any questions arising between the Department of Environment and Natural Resources and the North Carolina Wildlife Resources Commission as to any...
- § 143-254 Repealed by Session Laws, 1987, c. 827, s. 214
- § 143-254.1 Repealed by Session Laws 1979, c. 830, s. 8
- § 143-254.2 Enforcement of local laws
(a) It shall be the duty and responsibility of the North Carolina Wildlife Resources Commission to enforce all local acts heretofore or hereinafter enacted respecting...
- § 143-254.5 Disclosure of personal identifying information
Social security numbers and identifying information obtained by the Commission shall be treated as provided in G.S. 132‑1.10. For purposes of this section, "identifying information"...
Article 25 - National Park, Parkway and Forests Development Commission.
Article 25A - Historic Sites Commission; Historic and Archeological Sites.
Article 25B - State Nature and Historic Preserve Dedication Act.
- § 143-260.6 Short title
This Article shall be known and may be cited as the State Nature and Historic Preserve Dedication Act. (1973, c. 443, s. 1.)
- § 143-260.7 Purpose
It is the purpose of this Article to prescribe the conditions and procedures under which properties may be specially dedicated for the purposes enumerated by...
- § 143-260.8 Procedures
(a) Within the meaning of this section: (1) "Local governing body" means, as the case may be, the board of commissioners of a county, the...
- § 143-260.9 Dedication shall not affect maintenance and improvement of existing structures or facilities
The dedication of property to the State Nature and Historic Preserve shall not prevent the administering State agency or local governing body from carrying out...
- § 143-260.10 Components of State Nature and Historic Preserve
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143‑260.8: (1) All lands...
- § 143-260.10A through 143-260.10B Repealed by Session Laws 1989, c. 146, ss. 3, 4
- § 143-260.10C Removal of land in Hemlock Bluffs from the State Nature and Historic Preserve
Notwithstanding the provisions of G.S. 143‑260.10(1), the tract identified as a portion of the property legally described in Deed Book 3135, Page 937, Wake County...
- § 143-260.10D Removal of land at Hammocks Beach State Park from the State Nature and Historic Preserve
Notwithstanding the provisions of G.S. 143‑260.10(1), the tract identified as a portion of the property legally described in Deed Book 414, Page 607, Onslow County...
- § 143-260.10E Utility easement at William B. Umstead State Park
(a) The State of North Carolina may grant a utility easement to Carolina Power and Light Company across a tract of land within William B....
- § 143-260.10F Road right-of-way; Pilot Mountain State Park
(a) Notwithstanding the provisions of G.S. 143‑260.10, the State of North Carolina may convey a road right‑of‑way to the Department of Transportation across lands within...
- § 143-260.10G Removal of land in Crowders Mountain State Park from the State Nature and Historic Preserve
(a) Notwithstanding the provisions of G.S. 143‑260.10(6), the portion of that certain tract or parcel of property at Crowders Mountain State Park in Gaston County,...
Article 26 - State Education Commission.
- § 143-261 Appointment and membership; duties
The Governor of North Carolina is hereby authorized to appoint a commission to be known as the State Education Commission, consisting of 18 members, six...
- § 143-262 Organization meeting; election of officers; status of members
After their appointment, the Commission shall meet in the office of the Governor of North Carolina not later than the fifteenth of May, 1947, and...
- § 143-263 Comprehensive study of education problems
This Commission shall make a comprehensive study of organization, administration, finance, teacher education, supervision, curriculum, standardization, consolidation, transportation, buildings, personnel, a merit rating system for...
- § 143-264 Per diem and travel allowances
Each member of the Commission shall be entitled to per diem and travel the same as is paid to the State Board of Education, when...
- § 143-265 Salary of executive secretary
The Commission is authorized to set the salary of a full‑ time executive secretary, with the approval of the Director of the Budget. (1947, c....
- § 143-266 Powers of executive secretary
The executive secretary of the Commission shall have the authority and power to subpoena witnesses and compel their attendance to testify and/or produce records at...
Article 27 - Settlement of Affairs of Certain Inoperative Boards and Agencies.
- § 143-267 Release and payment of funds to State Treasurer; delivery of other assets to Secretary of Administration
Whenever the statutes creating, or granting authority to, any licensing, regulatory, or examining board or agency have been or are hereafter repealed, or declared unconstitutional...
- § 143-268 Official records turned over to Department of Cultural Resources; conversion of other assets into cash; allocation of assets to State agency or department
The Secretary of Administration shall receive all such assets so delivered and, after they have served their purpose in the liquidation of the affairs of...
- § 143-269 Deposit of funds by State Treasurer
The State Treasurer shall receive all funds delivered to him under this Article and shall deposit the same in a special fund for the account...
- § 143-270 Statement of claims against board or agency; time limitation on presentation
Any person having any claim or cause of action against any board or agency whose affairs are being liquidated under this Article, may present a...
- § 143-271 Claims certified to State Treasurer; payment; escheat of balance to University of North Carolina
The Secretary of Administration shall certify to the State Treasurer a schedule of all claims approved or disapproved, and after one year from the time...
- § 143-272 Audit of affairs of board or agency; payment for audit and other expenses
Irrespective of the provisions of G.S. 143‑271 of this Article, the State Treasurer is specifically authorized, in his discretion, to cause an audit to be...
Article 28 - Communication Study Commission.
Article 29 - Commission to Study the Care of the Aged and Handicapped.
- § 143-279 Establishment and designation of Commission
A Commission is hereby established for the study of the problems relating to the care of the aged with especial reference to those failing mentally...
- § 143-280 Membership
The Commission shall consist of three members from the Department of Health and Human Services, one member from the boards of county commissioners, one county...
- § 143-281 Appointment and removal of members
The Governor shall appoint the members of this Commission, and may remove any member; he shall not be required to give any reason for the...
- § 143-282 Duties of Commission; recommendations
This Commission shall study the problems relating to the care of the aged with especial reference to those failing mentally and shall inquire into the...
- § 143-283 Compensation
The members of the Commission shall receive for each day in actual performance of duties under this Article, a per diem of seven dollars ($7.00),...
Article 29A - Governor's Council on Employment of the Handicapped.
- § 143-283.1 Short title
This Article may be cited as "The Governor's Council on Employment of the Handicapped Act." (1961, c. 981; 1973, c. 476, s. 179.)
- § 143-283.2 Purpose of Article; cooperation with President's Committee
The purpose of this Article is to carry on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise handicapped citizens...
- § 143-283.3 Celebration of National Employ the Physically Handicapped Week
The Governor's Council shall, by proclamation, designate the first full week in October of each year as "National Employ the Physically Handicapped Week." The committee...
- § 143-283.4 through 143-283.6 Repealed by Session Laws 1973, c. 476, s. 179
- § 143-283.7 Repealed by Session Laws 1991, c. 45, s. 25
- § 143-283.8 Governor's Council nonpartisan and nonprofit
The Governor's Council shall be nonpartisan, nonprofit, and shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy...
- § 143-283.9 through 143-283.10 Repealed by Session Laws 1973, c. 476, s. 179
Article 29B - Governor's Coordinating Council on Aging.
Article 29C - Youth Councils Act.
Article 29D - Manpower Council.
Article 30 - Nutbush Conservation Area.
Article 31 - Tort Claims against State Departments and Agencies.
- § 143-291 Industrial Commission constituted a court to hear and determine claims; damages; liability insurance in lieu of obligation under Article
(a) The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board...
- § 143-291.1 Costs
The Industrial Commission is authorized by such order to tax the costs against the loser in the same manner as costs are taxed by the...
- § 143-291.2 Costs and fees
(a) The Industrial Commission may by order tax the costs against the losing party in the same amount and the same manner as costs are...
- § 143-291.3 Counterclaims by State
The filing of a claim under this Article shall constitute consent by the plaintiff to the jurisdiction of the Industrial Commission to hear and determine...
- § 143-292 Notice of determination of claim; appeal to full Commission
Upon determination of said claim the Commission shall notify all parties concerned in writing of its decision and either party shall have 15 days after...
- § 143-293 Appeals to Court of Appeals
Either the claimant or the State may, within 30 days after receipt of the decision and order of the full Commission, to be sent by...
- § 143-294 Appeal to Court of Appeals to act as supersedeas
The appeal from the decision of the Industrial Commission to the Court of Appeals shall act as a supersedeas, and the State department, institution or...
- § 143-295 Settlement of claims
(a) Any claims except claims of minors pending or hereafter filed against the various departments, institutions and agencies of the State may be settled upon...
- § 143-295.1 Settlement of small claims against institutions of the Department of Health and Human Services
When the property of a resident of a State institution under the Department of Health and Human Services is lost, destroyed, or otherwise damaged through...
- § 143-296 Powers of Industrial Commission; deputies
The members of the Industrial Commission, or a deputy thereof, shall have power to issue subpoenas, administer oaths, conduct hearings, take evidence, enter orders, opinions,...
- § 143-297 Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer or other pleading to affidavit
In all claims listed in Section 13 of Chapter 1059 of the Session Laws of 1951, and all claims which may hereafter be filed against...
- § 143-298 Duty of Attorney General; expenses; subpoenas
It shall be the duty of the Attorney General to represent all departments, institutions, and agencies of the State in connection with claims asserted against...
- § 143-299 Limitation on claims
All claims against any and all State departments, institutions, and agencies shall henceforth be forever barred unless a claim be filed with the Industrial Commission...
- § 143-299.1 Contributory negligence a matter of defense; burden of proof
Contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted shall be deemed to be a matter...
- § 143-299.2 Limitation on payments by the State
(a) The maximum amount that the State may pay cumulatively to all claimants on account of injury and damage to any one person arising out...
- § 143-299.3 Use of State vehicles by North Carolina Amateur Sports; State to incur no liability
(a) Notwithstanding G.S. 14‑247 and G.S. 143‑341(8)i, the Department of Administration or any other department of State government may allow North Carolina Amateur Sports to...
- § 143-299.4 Payment of State excess liability
For each claim payable during any fiscal year in excess of one hundred fifty thousand dollars ($150,000) per claim arising under this Article, or Article...
- § 143-300 Rules and regulations of Industrial Commission; destruction of records
The Industrial Commission is hereby authorized and empowered to adopt such rules and regulations as may, in the discretion of the Commission, be necessary to...
- § 143-300.1 Claims against county and city boards of education for accidents involving school buses or school transportation service vehicles
(a) The North Carolina Industrial Commission shall have jurisdiction to hear and determine tort claims against any county board of education or any city board...
- § 143-300.1A (See Editor's note on condition precedent) Claims arising from certain smallpox vaccinations of State employees
The North Carolina Industrial Commission shall have jurisdiction to hear and determine claims in accordance with the procedures set forth in this Article made against...
Article 31A - Defense of State Employees, Medical Contractors and Local Sanitarians.
Article 31B - Defense of Public School Employees.
- § 143-300.13 Definition of public school employee
For the purpose of this Article, a public school employee is a person whose major responsibility is to teach or directly supervise teaching and who...
- § 143-300.14 Defense of public school employees
Except as provided in G.S. 143‑300.15, the State shall provide defense counsel for the employee against whom a claim is made or civil action is...
- § 143-300.15 Refusal of defense
The Attorney General may refuse to defend an employee for any of the reasons listed in G.S. 143‑300.4(a). (1979, c. 971, s. 2.)
- § 143-300.16 Payment of judgments and settlement of claims
(a) Any final judgment awarded against an employee in an action that meets the requirements of G.S. 143‑300.14, or any amount payable under a settlement...
- § 143-300.17 Employee's obligation for attorney fees
If any employee has been defended by the Attorney General, or if the State has provided private counsel for an employee, and judgment rendered on...
- § 143-300.18 Protection is additional
The protection to employees provided in this Article is in addition to any other protection provided in the General Statutes. (1979, c. 971, s. 2.)
- § 143-300.19 through 143-300.29 Reserved for future codification purposes
Article 31C - Service on Certification Entity.
Article 31D - State Employee Federal Remedy Restoration Act.
- § 143-300.35 State Employee Federal Remedy Restoration Act
(a) The sovereign immunity of the State is waived for the limited purpose of allowing State employees, except for those in exempt policy‑making positions designated...
Article 32 - Payroll Savings Plan for State Employees.
- § 143-301 Authority of Governor
The Governor may, with the approval of the Council of State, authorize any or all of the departments, institutions, and agencies of the State to...
- § 143-302 Expenses
Funds may be allotted out of the contingency and emergency appropriation to defray the necessary expenses incurred by departments, institutions and agencies financed out of...
- § 143-303 Agreements of employees with heads of departments, etc
Any of the employees of the State of North Carolina may voluntarily enter into written agreement with heads of the department or institution or agency...
- § 143-304 Salary deductions and purchase of bonds authorized
Upon the execution of such agreement by any State employee with the State department, institution or agency where employed, the department, institution or agency is...
- § 143-305 Cancellation of agreements
Such agreement may be cancelled by the employee executing the same upon giving written notice to the head of the department, institution or agency where...
Article 33 - Judicial Review of Decisions of Certain Administrative Agencies.
Article 33A - Rules of Evidence in Administrative Proceedings before State Agencies.
Article 33B - Meetings of Governmental Bodies.
Article 33C - Meetings of Public Bodies.
- § 143-318.9 Public policy
Whereas the public bodies that administer the legislative, policy‑making, quasi‑judicial, administrative, and advisory functions of North Carolina and its political subdivisions exist solely to conduct...
- § 143-318.10 All official meetings of public bodies open to the public
(a) Except as provided in G.S. 143‑318.11, 143‑318.14A, 143‑318.15, and 143‑318.18, each official meeting of a public body shall be open to the public, and...
- § 143-318.11 Closed sessions
(a) Permitted Purposes. It is the policy of this State that closed sessions shall be held only when required to permit a public body to...
- § 143-318.12 Public notice of official meetings
(a) If a public body has established, by ordinance, resolution, or otherwise, a schedule of regular meetings, it shall cause a current copy of that...
- § 143-318.13 Electronic meetings; written ballots; acting by reference
(a) Electronic Meetings. If a public body holds an official meeting by use of conference telephone or other electronic means, it shall provide a location...
- § 143-318.14 Broadcasting or recording meetings
(a) Except as herein below provided, any radio or television station is entitled to broadcast all or any part of a meeting required to be...
- § 143-318.14A Legislative commissions, committees, and standing subcommittees
(a) Except as provided in subsection (e) below, all official meetings of commissions, committees, and standing subcommittees of the General Assembly (including, without limitation, joint...
- § 143-318.15 Repealed by Session Laws 2006-203, s. 94, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter
- § 143-318.16 Injunctive relief against violations of Article
(a) The General Court of Justice has jurisdiction to enter mandatory or prohibitory injunctions to enjoin (i) threatened violations of this Article, (ii) the recurrence...
- § 143-318.16A Additional remedies for violations of Article
(a) Any person may institute a suit in the superior court requesting the entry of a judgment declaring that any action of a public body...
- § 143-318.16B Assessments and awards of attorneys' fees
When an action is brought pursuant to G.S. 143‑318.16 or G.S. 143‑318.16A, the court may make written findings specifying the prevailing party or parties, and...
- § 143-318.16C Accelerated hearing; priority
Actions brought pursuant to G.S. 143‑318.16 or G.S. 143‑318.16A shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded...
- § 143-318.16D Local acts
Any reference in any city charter or local act to an "executive session" is amended to read "closed session". (1993 (Reg. Sess., 1994), c. 570,...
- § 143-318.17 Disruptions of official meetings
A person who willfully interrupts, disturbs, or disrupts an official meeting and who, upon being directed to leave the meeting by the presiding officer, willfully...
- § 143-318.18 Exceptions
This Article does not apply to: (1) Grand and petit juries. (2) Any public body that is specifically authorized or directed by law to meet...
Article 34 - Local Affairs.
- § 143-319 Repealed by Session Laws 1973, c. 1262, s. 51
- § 143-320 Definitions
As used in this Article, unless the context otherwise requires: (1) "Department" means the Department of Environment and Natural Resources. (2) "Secretary" means the Secretary...
- § 143-321 through 143-322 Repealed by Session Laws 1973, c. 1262, s. 51
- § 143-323 Functions of Department of Environment and Natural Resources
(a) Recreation. The Department of Environment and Natural Resources shall have the following powers and duties with respect to recreation: (1) To study and appraise...
- § 143-324 Repealed by Session Laws 1973, c. 1262, s. 51
- § 143-325 Functions of committees
(a) Repealed by Session Laws 1973, c. 1262, s. 51. (b) Committee on Law and Order. The Committee on Law and Order shall have policy‑making...
- § 143-326 Transfer of functions, records, property, etc
(a) All of the powers, duties, functions, records, property, supplies, equipment, personnel, funds, credits, appropriations, quarterly allotments, and executory contracts of the North Carolina Recreation...
- § 143-327 Repealed by Session Laws 1973, c. 1262, s. 51
- § 143-328 Reserved for future codification purposes
Article 35 - Youth Service Commission.
Article 36 - Department of Administration.
- § 143-334 Short title
This Article may be cited as the Department of Administration Act. (1957, c. 269, s. 1; 2000‑140, s. 76(h).)
- § 143-335 Department of Administration created
There is hereby created the Department of Administration. (1957, c. 269, s. 1.)
- § 143-336 Definitions
As used in this Article: "Agency" includes every agency, institution, board, commission, bureau, council, department, division, officer, and employee of the State, but does not...
- § 143-337 through 143-339 Repealed by Session Laws 1975, c. 879, s. 46
- § 143-340 Powers and duties of Secretary
The Secretary of Administration has the following powers and duties: (1) To establish the State Employee Incentive Bonus Program pursuant to Article 36A of this...
- § 143-341 Powers and duties of Department
The Department of Administration has the following powers and duties: (1) Repealed by Session Laws 1979, 2nd Session, c. 1137, s. 38. (2) Purchase and...
- § 143-341.1 Evacuation of State buildings and grounds
The Director of the State Capitol Police, appointed by the Secretary pursuant to G.S. 143‑340(22), or the Director's designee, shall exercise at all times those...
- § 143-342 Rules governing allocation of property and space
The Governor, with the approval of the Council of State, shall adopt such reasonable rules, regulations, and procedures as he deems necessary concerning the allocation...
- § 143-342.1 State-owned office space; fees for use by self-supporting agencies
The Department shall determine equitable fees for the use of State owned and operated office space, and it shall assess the Department of State Treasurer,...
- § 143-343 General Services Division
If the Governor and Council of State at any time determine, pursuant to G.S. 129‑11, that the General Services Division should be made a part...
- § 143-344 Transfer of functions, property, records, etc
(a) Repealed by Session Laws 1979, 2nd Session, c. 1137, s. 39. (b) All of the powers, duties, functions, records, property, supplies, equipment, personnel, funds,...
- § 143-345 Saving clause
No transfer of functions to the Department of Administration provided for in this Article shall affect any action, suit, proceeding, prosecution, contract, lease, or other...
- § 143-345.1 Rules and regulations
The Governor, with the approval of the Council of State, shall adopt reasonable rules and regulations governing the use, care, protection, and maintenance of the...
- § 143-345.2 Disorderly conduct in and injury to public buildings and grounds
Any person who commits a nuisance or conducts himself in a disorderly manner in or around any public building or grounds, or defaces or injures...
- § 143-345.3 Construction and repair of public buildings; use of Contingency and Emergency Fund
It is lawful to resort to the Contingency and Emergency Fund provided in the Appropriation Act for financial aid in the construction, alteration, renovation, or...
- § 143-345.4 Moore and Nash squares and other public lots
The governing body of the City of Raleigh is authorized, at its own expense, to grade, to lay out in walks, to plant with trees,...
- § 143-345.5 Program for location and construction of future public buildings
The Department of Administration is hereby authorized, empowered, and directed to formulate a long range building policy program and shall cooperate with the governing board...
- § 143-345.6 Recodified as § 147-54.3 by Session Laws 1991, c. 689, s. 181(b)
- § 143-345.7 Repair and reconstruction of the Western Residence of the Governor
If the Western Residence of the Governor in Asheville is damaged or destroyed by fire or other disaster, it shall be repaired or reconstructed. Funds...
- § 143-345.8 North Carolina Purchase Directory
The Division of Purchase and Contract of the Department of Administration shall electronically advertise information on contract and purchase requirements from the Division of Purchase...
- § 143-345.9 Official "Prisoner of War/Missing in Action" flag to be flown over the State Capitol
The Department of Administration is authorized to fly the official "Prisoner of War/Missing in Action (POW/MIA)" flag over the State Capitol on Veterans Day, Memorial...
- § 143-345.10 Reserved for future codification purposes
- § 143-345.11 Reserved for future codification purposes
- § 143-345.12 Reserved for future codification purposes
- § 143-345.13 Reporting of stocks of coal and petroleum fuels
The Department of Administration may, with the prior express approval of the Energy Policy Council and the Governor, require that all coal and petroleum suppliers...
- § 143-345.14 Authority to collect data; administration and enforcement; confidentiality
(a) The Department of Administration shall have the authority to obtain from prime suppliers of petroleum products specific petroleum supply data concerning State‑level sales and...
- § 143-345.15 Reserved for future codification purposes
- § 143-345.16 Short title
This Part shall be known as the Energy Improvement Loan Program. (2000‑140, s. 76(i); 2001‑338, s. 1.)
- § 143-345.17 Legislative findings and purpose
The General Assembly finds and declares that it is in the best interest of the citizens of North Carolina to promote and encourage energy efficiency...
- § 143-345.18 Lead agency; powers and duties
(a) For the purposes of this Part, the Department of Administration, State Energy Office, is designated as the lead State agency in matters pertaining to...
Article 36A - State Employee Incentive Bonus Program.
Article 37 - Salt Marsh Mosquito Control.
Article 37A - Marine Science Council.
Article 37B - Marine Resources Center Administrative Board.
Article 38 - Water Resources.
- § 143-348 through 143-349 Repealed by Session Laws 1967, c. 892, s. 2
- § 143-350 Definitions
As used in this Article: (1) "Commission" means the Environmental Management Commission. (2) "Department" means the Department of Environment and Natural Resources. (1959, c. 779,...
- § 143-351 Repealed by Session Laws 1967, c. 892, s. 2
- § 143-352 Purpose of Article
The purpose of this Article is to create a State agency to coordinate the State's water resource activities; to devise plans and policies and to...
- § 143-353 Repealed by Session Laws 1967, c. 892, s. 2
- § 143-354 Ordinary powers and duties of the Commission
(a) Powers and Duties in General. Except as otherwise specified in this Article, the powers and duties of the Commission shall be as follows: (1)...
- § 143-355 Powers and duties of the Department
(a) Repealed by Session Laws 1989, c. 603, s. 1. (b) Functions to Be Performed. The Department shall: (1) Request the North Carolina Congressional Delegation...
- § 143-355.1 Drought Management Advisory Council; drought advisories
(a) The Department shall establish a Drought Management Advisory Council. The purposes of the Council are: (1) To improve coordination among local, State, and federal...
- § 143-356 through 143-357 Repealed by Session Laws 1983, c. 222, ss. 1, 2
- § 143-358 Cooperation of State officials and agencies
All State agencies and officials shall cooperate with and assist the Commission in enforcing and carrying out the provisions of this Article and rules adopted...
- § 143-359 Repealed by Session Laws 2001-452, s. 1.1
Article 39 - U.S.S. North Carolina Battleship Commission.
Article 39A - Frying Pan Lightship Marine Museum Commission.
Article 40 - Advisory Commission for State Museum of Natural History.
Article 41 - Science and Technology Research Center.
Article 42 - Board of Science and Technology.
Article 43 - North Carolina Seashore Commission.
Article 44 - North Carolina Traffic Safety Authority.
Article 45 - North Carolina American Revolution Bicentennial Commission.
Article 46 - Governor's Committee on Law and Order.
Article 47 - Promotion of Arts.
- § 143-403 "Arts" defined
The term "arts" includes, but is not limited to: music, dance, drama, creative writing, architecture and allied fields, painting, sculpture, photography, crafts, television, radio, and...
- § 143-404 through 143-405 Repealed by Session Laws 1973, c. 476, s. 79
- § 143-406 Duties of Department of Cultural Resources
The Department of Cultural Resources shall take action to carry out the following purposes as funds and staff permit: (1) Study, collect, maintain, and otherwise...
- § 143-407 Appropriations; funds
In addition to the appropriations out of the general fund of the State, the Department may accept gifts, bequests, devises, matching funds, or other considerations...
- § 143-407.1 Composer laureate
(a) The Governor of North Carolina may appoint a distinguished living composer as "Composer‑Laureate for the State of North Carolina." (b) Any person appointed "Composer‑Laureate...
- § 143-408 Repealed by Session Laws 1973, c. 476, s. 79
Article 47A - Art Works in State Buildings.
Article 48 - Executive Mansion.
- § 143-409 Repealed by Session Laws 1973, c. 476, s. 67
- § 143-410 Purpose
The purpose of the Department of Cultural Resources shall be: (1) To preserve and maintain the Executive Mansion, located at 200 North Blount Street, Raleigh,...
- § 143-411 Powers of Department of Cultural Resources
The Department of Cultural Resources is hereby empowered on behalf of the State of North Carolina to receive gifts, contributions of money and objects of...
- § 143-412 through 143-414 Repealed by Session Laws 1973, c. 476, s. 67
- § 143-415 Authority, etc., of Department of Administration not affected
This Article shall not be construed as divesting the Department of Administration of any powers, duties and authority relating to the budget or the operation...
Article 49 - North Carolina Human Relations Commission.
Article 49A - Equal Employment Practices.
- § 143-422.1 Short title
This Article shall be known and may be cited as the Equal Employment Practices Act. (1977, c. 726, s. 1.)
- § 143-422.2 Legislative declaration
It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment...
- § 143-422.3 Investigations; conciliations
The Human Relations Commission in the Department of Administration shall have the authority to receive charges of discrimination from the Equal Employment Opportunity Commission pursuant...
Article 50 - Commission on the Status of Women.
Article 51 - Tobacco Museums.
- § 143-429 through 143-430 Repealed by Session Laws 1973, c. 476, s. 116
- § 143-431 Tobacco museums
It shall be the duty of the Department of Cultural Resources to establish, supervise, manage and maintain the tobacco museums. The Department of Cultural Resources...
- § 143-432 Location of museums
One of the tobacco museums shall be located within Rockingham County at a site to be determined by the Department of Cultural Resources, and shall...
Article 51A - Tax Study Commission.
Article 51B - North Carolina Federal Tax Reform Allocation Committee.
- § 143-433.6 Legislative Findings
The General Assembly finds and determines that the Tax Reform Act of 1984 established a federal volume limitation upon the aggregate amount of "private...
- § 143-433.7 North Carolina Federal Tax Reform Allocation Committee
The North Carolina Federal Tax Reform Allocation Committee, hereinafter referred to as the "Committee", is hereby established. The Committee is a continuation of the...
- § 143-433.8 Duties
The Committee may perform the following duties: (1) Manage the allocation of tax exempt private activity bonds and low‑income housing credits and receive advice...
- § 143-433.9 Allocation
(a) To provide for the orderly and prompt issuance of private activity bonds there are hereby proclaimed formulas for allocating the unified volume limitation and...
Article 52 - Pesticide Board.
- § 143-434 Short title
This Article may be cited as the North Carolina Pesticide Law of 1971. (1971, c. 832, s. 1.)
- § 143-435 Preamble
(a) The Legislative Research Commission was directed by House Resolution 1392 of the 1969 General Assembly "to study agricultural and other pesticides," and to report...
- § 143-436 North Carolina Pesticide Board; creation and organization
(a) There is hereby established the North Carolina Pesticide Board which, together with the Commissioner of Agriculture, shall be responsible for carrying out the provisions...
- § 143-437 Pesticide Board; functions
The Pesticide Board shall be the governing board for the programs of pesticide management and control set forth in this Article. The Pesticide Board shall...
- § 143-438 Commissioner of Agriculture to administer and enforce Article
The Commissioner of Agriculture shall have the following powers and duties under this Article: (1) To administer and enforce the provisions of this Article. (2)...
- § 143-439 Pesticide Advisory Committee; creation and functions
(a) There is hereby authorized the establishment of the Pesticide Advisory Committee, which shall assist the Board and the Commissioner in an advisory capacity on...
- § 143-440 Restricted use pesticides regulated
(a) The Board may, by regulation after a public hearing, adopt and from time to time revise a list of restricted use pesticides for...
- § 143-441 Handling, storage and disposal of pesticides
(a) The Board may adopt regulations: (1) Concerning the handling, transport, storage (which may include security precautions), display or distribution of pesticides, and concerning the...
- § 143-442 Registration
(a) Every pesticide prior to being distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or...
- § 143-443 Miscellaneous prohibited acts
(a) It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in...
- § 143-444 Determinations
The Board is authorized: (1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man,...
- § 143-445 Exemptions
(a) The penalties provided for violations of G.S. 143‑ 443(a) shall not apply to: (1) Any carrier while lawfully engaged in transporting pesticides within this...
- § 143-446 Samples; submissions
(a) The Board, or its agent, is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale...
- § 143-447 Emergency suspensions; seizures
(a) The Board may order the summary suspension of the registration of a pesticide if it finds the suspension necessary to prevent an imminent hazard...
- § 143-448 Licensing of pesticide dealers; fees
(a) No person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as,...
- § 143-449 Qualifications for pesticide dealer license; examinations
(a) An applicant for a license must present evidence satisfactory to the Board concerning his qualifications for such license. (b) Each applicant shall satisfy the...
- § 143-450 Employees of pesticide dealers; dealer's responsibility
(a) Every licensed pesticide dealer shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of...
- § 143-451 Denial, suspension and revocation of license
(a) The Board may deny, suspend, modify, or revoke a license issued under this Part if it finds that the applicant or licensee or his...
- § 143-452 Licensing of pesticide applicators; fees
(a) No person shall engage in the business of pesticide applicator within this State at any time unless he is licensed annually as a pesticide...
- § 143-453 Qualifications for pesticide applicator's license; examinations
(a) An applicant for a license must present satisfactory evidence to the Board concerning his qualifications for a pesticide applicator license. The contractor and each...
- § 143-454 Solicitors, salesmen and operators; applicator's responsibility
(a) Every licensed pesticide applicator shall submit to the Board, at such times as the Board or the Commissioner may prescribe, the names of all...
- § 143-455 Pest control consultant license
(a) No person shall perform services as a pest control consultant without first procuring from the Board a license. Applications for a consultant license shall...
- § 143-456 Denial, suspension and revocation of license
(a) The Board may deny, suspend, modify, or revoke a license issued under this Part if it finds that the applicant or licensee or his...
- § 143-457 Repealed by Session Laws 1981, c. 592, s. 8
- § 143-458 Rules and regulations concerning methods of application
(a) The Board may adopt rules prescribing the method to be used in the application of pesticides and the times and places pesticides may be...
- § 143-459 Reporting of shipments and volumes of pesticides
Every person selling pesticides directly to the consumer shall file with the Board, in such manner and with such frequency as the Board may prescribe,...
- § 143-460 Definitions
As used in this Article, unless the context otherwise requires: (1) The term "active ingredient" means a. In the case of a pesticide other than...
- § 143-461 General powers of Board
In addition to the specific powers prescribed elsewhere in this Article, and for the purpose of carrying out its duties, the Board shall have the...
- § 143-462 Procedures for revocations and related actions affecting licenses
In all proceedings, the effect of which would be to revoke, suspend, deny, or withhold renewal of a license issued under Part 3 or Part...
- § 143-463 Adoption and publication of rules
Chapter 150B of the General Statutes governs the adoption of rules under this Article and the publication of those rules. (1971, c. 832, s. 1;...
- § 143-464 Procedures concerning registration of pesticides
A denial, suspension, or cancellation of a registration of a pesticide shall be made in accordance with the procedures in Chapter 150B of the General...
- § 143-465 Reciprocity; intergovernmental cooperation
(a) The Board may issue any license required by this Article on a reciprocal basis with other states without examination to a nonresident who is...
- § 143-466 Records; information; inspection; enforcement
(a) The Board shall require licensees to maintain records with respect to the sale and application of such pesticides as it may from time to...
- § 143-467 Financial responsibility
(a) The Board may require from a licensee or an applicant for a license under this Article evidence of his financial ability to properly indemnify...
- § 143-468 Disposition of fees and charges
(a) Except as provided in G.S. 143‑469 and in subsection (b), all fees and charges received by the Board under this Article shall be credited...
- § 143-469 Penalties
(a) Any person who shall be adjudged to have violated any provision of this Article, or any regulation of the Board adopted pursuant to this...
- § 143-470 Repealed by Session Laws 1981, c. 592, s. 13
- § 143-470.1 Report of minor violations in discretion of Board or Commissioner
Nothing in this Article shall be construed to require the Board or the Commissioner to initiate, or attempt to initiate, any criminal or administrative proceedings...
Article 53 - Commission for Mental Health, Mental Retardation and Substance Abuse Services.
Article 54 - North Carolina Council on State Goals and Policy Act.
Article 55 - The Southern Growth Policies Agreement.
- § 143-490 Compact enacted into law
The Southern Growth Policies Agreement is hereby enacted into law and entered into by this State with all other states legally joining therein in the...
- § 143-491 Article I. Findings and Purposes
(a) The party states find that the South has a sense of community based on common social, cultural and economic needs and fostered by a...
- § 143-492 Article II. The Board
(a) There is hereby created the Southern Growth Policies Board, hereinafter called "the Board." (b) The Board shall consist of five members from each party...
- § 143-493 Article III. Powers
(a) The Board shall prepare and keep current a statement of regional objectives, including recommended approaches to regional problems. The statement may also identify projects...
- § 143-494 Article IV. Avoidance of Duplication
(a) To avoid duplication of effort and in the interest of economy, the Board shall make use of existing studies, surveys, plans and data and...
- § 143-495 Article V. Advisory Committees
The Board shall establish a Local Governments Advisory Committee. In addition, the Board may establish advisory committees representative of subregions of the South, civic and...
- § 143-496 Article VI. Internal Management of the Board
(a) The members of the Board shall be entitled to one vote each. No action of the Board shall be binding unless taken at a...
- § 143-497 Article VII. Finance
(a) The Board shall advise the governor or designated officer or officers of each party state of its budget of estimated expenditures for such period...
- § 143-498 Article VIII. Cooperation with the Federal Government and Other Governmental Entities
Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the federal government, and any appropriate agency or agencies thereof,...
- § 143-499 Article IX. Subregional Activities
The Board may undertake studies or investigations centering on the problems of one or more selected subareas within the region: Provided that in its judgment,...
- § 143-500 Article X. Comprehensive Land Use Planning
If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan, or a land use plan for...
- § 143-501 Article XI. Compacts and Agencies Unaffected
Nothing in this Agreement shall be construed to: (1) Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof....
- § 143-502 Article XII. Eligible Parties; Entry into and Withdrawal
(a) This Agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South...
- § 143-503 Article XIII. Construction and Severability
This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase,...
- § 143-504 Copies of bylaws and amendments to be filed
Copies of bylaws and amendments to be filed pursuant to Article VI(j) of the Agreement shall be filed with chief state records‑ keeping agency. (1973,...
- § 143-505 Continuance of states as parties
Nothing contained in the Southern Growth Policies Agreement as enacted by this Article shall in any event be construed to terminate the participation of this...
- § 143-506 Rights of State and local governments not restricted
No section, Article, or provision contained herein shall be construed so as to prohibit, restrict or restrain the actions of any individual member state or...
- § 143-506.1 through 143-506.5 Reserved for future codification purposes
Article 55A - Balanced Growth Policy Act.
- § 143-506.6 Title
This Article shall be known as the North Carolina Balanced Growth Policy Act. (1979, c. 412, s. 1.)
- § 143-506.7 Purposes
The purposes of this Article are to declare as a policy that the State of North Carolina shall encourage economic progress and job opportunities throughout...
- § 143-506.8 Declaration of State Balanced Growth Policy
The General Assembly of North Carolina recognizes the importance of reaching a higher standard of living throughout North Carolina by maintaining a balance of people,...
- § 143-506.9 Cooperation of agencies
The General Assembly encourages, to the fullest extent possible, all State agencies to review their existing policies, procedures and regulations to bring them into conformity...
- § 143-506.10 Designation of growth centers; achieving balanced growth
It shall be the policy of the State of North Carolina to support the expansion of the State and to designate growth areas or centers...
- § 143-506.11 Citizen participation
The Governor shall establish a process of citizen participation that assures the expression of needs and aspirations of North Carolina's citizens in regard to the...
- § 143-506.12 Policy areas
The following program area guidelines shall become the policy for the State of North Carolina: (1) To encourage diversified job growth in different areas of...
- § 143-506.13 Implementation of a State-local partnership
The Governor, with the advice of the State Goals and Policy Board, shall establish a statewide policy‑setting process for Balanced Growth, in partnership with local...
- § 143-506.14 North Carolina Office of Local Government Advocacy created; membership; terms; meetings; compensation; powers and duties; staff; cooperation by departments
(a) There is established in the office of the Governor, the North Carolina Office of Local Government Advocacy. The Local Government Advocacy Council, created by...
Article 55B - North Carolina Commission on Jobs and Economic Growth.
Article 56 - Emergency Medical Services Act of 1973.
- § 143-507 Establishment of Statewide Emergency Medical Services System
(a) There is established a comprehensive Statewide Emergency Medical Services System in the Department of Health and Human Services. All responsibility for this System shall...
- § 143-508 Department of Health and Human Services to establish program; rules and regulations of North Carolina Medical Care Commission
(a) The State Department of Health and Human Services shall establish and maintain a program for the improvement and upgrading of emergency medical services throughout...
- § 143-509 Powers and duties of Secretary
The Secretary of the Department of Health and Human Services has full responsibilities for supervision and direction of the emergency medical services program and, to...
- § 143-510 North Carolina Emergency Medical Services Advisory Council
(a) There is created the North Carolina Emergency Medical Services Advisory Council to consult with the Secretary of the Department of Health and Human Services...
- § 143-511 Powers and duties of the Council
The North Carolina Emergency Medical Services Advisory Council may advise the Secretary of the Department of Health and Human Services on policy issues regarding the...
- § 143-512 Regional demonstration plans
The Secretary of the Department of Health and Human Services may develop and implement, in conjunction with any local sponsors that may agree to participate,...
- § 143-513 Regional emergency medical services councils
The Secretary of the Department of Health and Human Services may establish emergency medical services regional councils to implement and coordinate emergency medical services programs...
- § 143-514 Scope of practice for credentialed emergency medical services personnel
The North Carolina Medical Board shall determine the scope of practice for credentialed emergency medical services personnel regardless of other provisions of law by establishing...
- § 143-515 Establishment of regions
The Secretary may establish an appropriate number of multicounty emergency medical services regions. (1973, c. 208, s. 9; 2001‑220, s. 1.)
- § 143-516 Single State agency
The Department of Health and Human Services is hereby designated as the single agency for North Carolina for the purposes of all federal emergency medical...
- § 143-517 Ambulance support; free enterprise
Each county shall ensure that emergency medical services are provided to its citizens. Nothing in this Article affects the power of local governments to finance...
- § 143-518 Confidentiality of patient information
(a) Medical records compiled and maintained by the Department, hospitals participating in the statewide trauma system, or EMS providers in connection with dispatch, response, treatment,...
- § 143-519 Emergency Medical Services Disciplinary Committee
(a) There is created the Emergency Medical Services Disciplinary Committee. The Committee shall review and make recommendations to the Department regarding all disciplinary matters relating...
- § 143-520 Reserved for future codification purposes
Article 57 - Crime Study Commission.
Article 58 - Committee on Inaugural Ceremonies.
- § 143-532 Definitions
For the purposes of this Article: (1) The term "inaugural period" means the period which includes the day on which the ceremony inaugurating the Governor...
- § 143-533 Creation, appointment of members; members ex officio
There is hereby created a Committee on Inaugural Ceremonies to consist of three representatives to be appointed by the Speaker of the House, (or a...
- § 143-534 Time of appointments; terms of office
Appointments to the Committee on Inaugural Ceremonies shall be made on or before July 1 of years in which there is an election of the...
- § 143-535 Vacancies
Vacancies in the appointive membership of the Committee on Inaugural Ceremonies occurring during a term shall be filled for the unexpired term by appointment by...
- § 143-536 Chairman; rules of procedure; quorum
At its first meeting the Committee on Inaugural Ceremonies shall, by majority vote, elect a chairman from within the Committee membership. There shall also be...
- § 143-537 Meetings
The first meeting of the Committee on Inaugural Ceremonies shall be held during the inaugural planning period at the call of the President of the...
- § 143-538 Powers and duties
During the inaugural planning period the Committee on Inaugural Ceremonies shall plan and sponsor official parades, swearing‑ in ceremonies and other formal occasions connected with...
- § 143-539 Offices; per diem and allowances of members; payments from appropriations
The Department of Administration shall provide office space to the Committee. The members of the Committee, including ex officio members, shall be paid such per...
- § 143-540 through 143-544 Reserved for future codification purposes
Article 59 - Vocational Rehabilitation Services.
Article 60 - State and Certain Local Educational Entity Employees, Nonsalaried Public Officials, and Legislators Required to Repay Money Owed to State.
- § 143-552 Definitions
As used in this Part: (1) "Employing entity" means and includes: a. Any State entity enumerated in G.S. 143B‑3 of the Executive Organization Act of...
- § 143-553 Conditional continuing employment; notification among employing entities; repayment election
(a) All persons employed by an employing entity as defined by this Part who owe money to the State and whose salaries are paid in...
- § 143-554 Right of employee appeal
(a) Any employee or former employee of an employing entity within the meaning of G.S. 143‑552(1)a whose employment is terminated pursuant to the provisions...
- § 143-555 Definitions
As used in this Part: (1) "Appointing authority" means the Governor, Chief Justice of the Supreme Court, Lieutenant Governor, Speaker of the House, President...
- § 143-556 Notification of the appointing authority; investigation
Whenever a representative of an employing entity as defined by this Part has knowledge that a public official owes money to the State and is...
- § 143-557 Conditional continuing appointment; repayment election
If after investigation under the terms of this Part an appointing authority determines the existence of a delinquent monetary obligation owed to the State by...
- § 143-558 Definition of employing entity
For the purposes of this Part "employing entity" shall have the same meaning as provided in G.S. 143‑552(1) and 143‑555(2). (1979, c. 864, s. 1.)
- § 143-559 Notification to the Legislative Ethics Committee; investigation
Whenever a representative of any employing entity as defined by this Part has knowledge that a legislator owes money to the State and is delinquent...
- § 143-560 Confidentiality exemption
Notwithstanding the provisions of any law of this State making confidential the contents of any records or prohibiting the release or disclosure of any information,...
- § 143-561 Preservation of federal funds
Nothing in this Article is intended to conflict with any provision of federal law or to result in the loss of federal funds. If the...
- § 143-562 Applicability of a statute of limitations
Payments on obligations to the State collected under the procedures established by this Article shall not be construed to revive obligations or any part thereof...
Article 61 - Commission on the Bicentennial of the United States Constitution.
Article 62 - North Carolina Child Fatality Prevention System.
Article 63 - State Employees Workplace Requirements Program for Safety and Health.
- § 143-580 Definition
As used in this Article, "State agency" means any department, commission, division, board, or institution of the State within the executive branch of government and...
- § 143-581 Program goals
Each State agency shall establish a written program for State employee workplace safety and health. The program shall promote safe and healthful working conditions and...
- § 143-582 Program requirements
The written program required under this Article shall describe at a minimum: (1) The methods to be used to identify, analyze, and control new or...
- § 143-583 Model program; technical assistance; reports
(a) The State Personnel Commission, through the Office of State Personnel, shall: (1) Maintain a model program of safety and health requirements to guide State...
- § 143-584 State agency safety and health committees
Each State agency shall create, pursuant to guidelines adopted under subsection (a) of G.S. 143‑583, safety and health committees to perform workplace inspections, review injury...
- § 143-585 through 143-588 Reserved for future codification purposes
- § 143-589 Legislative and judicial branch safety and health programs
The Legislative Services Commission and the Administrative Office of the Courts are authorized to separately establish safety and health programs for their employees. (1991 (Reg....
- § 143-590 through 143-594 Reserved for future codification purposes
Article 64 - Smoking in Public Places.
- § 143-595 Legislative intent
It is the intent of the General Assembly to address the needs and concerns of both smokers and nonsmokers in public places by providing for...
- § 143-596 Definitions
As used in this Article, unless the context clearly provides otherwise: (1) Constituent institution. As defined in G.S. 116‑2(4) and G.S. 116‑4. (1a) Grounds. The...
- § 143-597 Nonsmoking areas in State-controlled buildings
(a) All of the following areas may be designated as nonsmoking in buildings owned, leased, or occupied by State government: (1) Any library open to...
- § 143-598 Prohibited acts related to nonsmoking areas
(a) No person shall smoke in a nonsmoking area in a State‑controlled building or area pursuant to G.S. 143‑597. (b) Any person who continues to...
- § 143-599 Exemptions
All of the following facilities shall be exempt from the provisions of this Article: (1) Any primary or secondary school or child care center, except...
- § 143-600 Construction of Article
Nothing in this Article shall be construed to permit smoking in any area where smoking is prohibited by any other law or rule for fire...
- § 143-601 Applicability of Article; local government may enact
(a) This Article shall not supersede nor prohibit the enactment or enforcement of any otherwise valid local law, rule, or ordinance enacted prior to October...
- § 143-602 through 143-609 Reserved for future codification purposes
Article 65 - Medical Education and Primary Care.
- § 143-610, 143-611 Repealed by Session Laws 1996, Second Extra Session, c. 17, s. 16.2
- § 143-612 Repealed by Session Laws 1995, c. 507, s. 23A.3(d)
- § 143-612A Repealed by Session Laws 1996, Second Extra Session, c. 17, s. 16.2
- § 143-613 Medical education; primary care physicians and other providers
(a) In recognition of North Carolina's need for primary care physicians, Bowman Gray School of Medicine and Duke University School of Medicine shall each prepare...
- § 143-614 Repealed by Session Laws 1996, Second Extra Session, c. 17, s. 16.2
- § 143-615 through 143-620 Reserved for future codification purposes
Article 66 - Health Care Purchasing Alliance Act.
Article 67 - First Flight Centennial Commission.
Article 68 - Regulation of Boxing.
- § 143-650 Repealed by Session Laws 2004-124, s. 18.2(a), effective July 1, 2004
- § 143-651 Definitions
The following definitions apply in this Article: (1) Amateur. A person who is not receiving or competing for and has never received or competed for...
- § 143-652 Repealed by Session Laws 2004-124, s. 18.2.(a), effective July 1, 2004
- § 143-652.1 Regulation of boxing, kickboxing, mixed martial arts, and toughman events
The Alcohol Law Enforcement Division of the Department of Crime Control and Public Safety shall regulate live boxing, kickboxing, and mixed martial arts matches, whether...
- § 143-652.2 Boxing Advisory Commission
(a) Creation. The Boxing Advisory Commission is created within the Department of Crime Control and Public Safety to advise the Alcohol Law Enforcement Division of...
- § 143-653 Unauthorized matches prohibited
No person shall promote, conduct, or engage in an unarmed combat match, whether the participants are professional or amateur, except as authorized by this Article....
- § 143-654 Licensing and permitting
(a) License and Permit Required. Except for sanctioned amateur matches, it is unlawful for any person to act in this State as an announcer, contestant,...
- § 143-655 Fees; State Boxing Revenue Account
(a) License Fees. The Division shall collect the following license fees: Announcer $75.00 Contestant $37.50 Judge $75.00 Manager $150.00 Matchmaker $300.00 Promoter $450.00 Referee $75.00...
- § 143-656 Contracts and financial arrangements
Any contract between licensees and related to a match or exhibition held or to be held in this State must meet the requirements of administrative...
- § 143-657 Repealed by Session Laws 1997-504, s. 6
- § 143-657.1 Sanctioned amateur matches
In addition to the other applicable provisions of this Article, a sanctioned amateur match shall be conducted pursuant to the rules of the sports organization...
- § 143-658 Violations
(a) Civil Penalties. The Secretary of Crime Control and Public Safety may issue an order against a licensee or other person who willfully violates any...
- § 143-659 Reserved for future codification purposes
Article 69 - Criminal Justice Information Network Governing Board.
Article 70 - Adopt-A-Beach Program.
Article 71 - North Carolina Postal History Commission.
- § 143-675 Commission established; purpose; members; terms of office; quorum; compensation; termination
(a) Establishment. There is established the North Carolina Postal History Commission. The Commission shall be located within the Department of Cultural Resources for organizational, budgetary,...
- § 143-676 Powers and duties of the Commission
(a) Powers and Duties. The Commission shall have the following powers and duties: (1) To advise the Secretary of Cultural Resources on the collection, preservation,...
- § 143-677 Assignment of property; offices
(a) Assignment of Property. Upon request of the Commission, the head of any State agency may assign property, equipment, and personnel of such agency to...
- § 143-678 Commission reports
(a) Annual Report. Before July 1, 1998, the Commission shall submit to the General Assembly a comprehensive report incorporating specific recommendations of the Commission. After...
- § 143-679 Application of Article
The provisions of Article 1 of Chapter 121 of the General Statutes apply to the Commission. (1997‑443, s. 30.5.)
- § 143-680 Reserved for future codification purposes
- § 143-681 Reserved for future codification purposes
Article 72 - Commission on Children With Special Health Care Needs.
Article 73 - Reserved.
Article 74 - North Carolina Government Competition Act.
Article 75 - Tobacco Trust Fund.
- § 143-715 Policy; purpose
The General Assembly finds: (1) For many years, the State and its prosperity have been supported by its agricultural economy and particularly by the tobacco‑related...
- § 143-716 Definitions
The following definitions apply in this Article: (1) Commission. The Tobacco Trust Fund Commission. (2) Compensatory programs. Programs developed by the Commission to identify, locate,...
- § 143-717 Commission
(a) Creation. The Tobacco Trust Fund Commission is created. The Commission shall be administratively located within the Department of Agriculture and Consumer Services but shall...
- § 143-718 Powers and duties
The Commission shall have the following powers and duties: (1) To administer the provisions of this Article. (2) To develop compensatory programs and qualified agriculture...
- § 143-719 Tobacco Trust Fund; creation; investment; priority use
(a) Fund Established. The Tobacco Trust Fund is established in the Office of the State Treasurer. The Fund shall be used for the purposes provided...
- § 143-720 Benefits and administration of Fund for compensatory programs
(a) Funds held in the Fund may be expended on compensatory programs as provided in this section. (b) The Fund may provide direct and indirect...
- § 143-721 Benefits and administration of Fund for qualified agricultural programs
(a) Funds held in the Fund may be expended on qualified agricultural programs as provided in this section. (b) In implementing qualified agricultural programs, the...
- § 143-722 Reporting
(a) The chair of the Commission shall report each year by November 1 to the Joint Legislative Commission on Governmental Operations and the chairs of...
- § 143-723 Open meetings; public records; audit
The Open Meetings Law (Article 33 of Chapter 143 of the General Statutes) and the Public Records Act (Chapter 132 of the General Statutes) shall...
- § 143-724 Reserved for future codification purposes
Article 76 - North Carolina Geographic Information Coordinating Council.
Article 77 - Managed Care Patient Assistance Program.
- § 143-730 Managed Care Patient Assistance Program
(a) The Office of Managed Care Patient Assistance Program is established in an existing State agency or department designated by the Governor. The Director of...
Article 78 - Commission on State Property.
Article 79 - Internal Auditing.
- § 143-745 Definitions; intent; applicability
(a) For the purposes of this section: (1) "Agency head" means the Governor, a Council of State member, a cabinet secretary, the Chief Justice of...
- § 143-746 Internal auditing required
(a) Requirements. A State agency shall establish a program of internal auditing that: (1) Implements an effective system of internal controls that safeguards public funds...
- § 143-747 Council of Internal Auditing
(a) The Council of Internal Auditing is created, consisting of the following members: (1) The State Controller who shall serve as Chair. (2) The State...