GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
S 2
SENATE BILL 1117
Rules and Operations of the Senate Committee Substitute Adopted 5/12/05
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Short Title: 2005 Military Support Act. |
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Referred to: |
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March 24, 2005
A BILL TO BE ENTITLED
AN ACT TO ENACT THE 2005 SOLDIER, SAILOR, MARINE, airmen, AND GUARDSMEN SUPPORT ACT.
Whereas, North Carolina is the home of Fort Bragg, and the XVIII Airborne Corps, with the 82nd Airborne Division as the Army's premier force to project power anywhere in the world on little or no notice; and
Whereas, Fort Bragg is the home of the U.S. Army Special Operations Command, the U.S. Army John F. Kennedy Special Warfare Center and School, and of all Army Special Forces soldiers; and
Whereas, Pope Air Force Base and the 317th Airlift Wing play a vital role in our nation's defense by providing the means to deliver troops and equipment wherever needed in the world; and
Whereas, North Carolina is the home of Camp Lejeune, one of the nation's largest Marine Corps bases, and provides the training necessary to keep the Marines in a high state of readiness for any mission; and
Whereas, North Carolina is the home of Seymour Johnson Air Force Base, the base of an active air combat wing that can deploy worldwide on short notice and immediately generate combat power; and
Whereas, North Carolina is the home of the largest Marine Corps air station in the world, Cherry Point Marine Corps Air Station, and is the home of the 2nd Marine Corps Aircraft Wing, the Naval Air Depot, and the Marine Corps Air Station at New River; and
Whereas, North Carolina is the home of several United States Coast Guard stations, including the United States Coast Guard Air Station at Elizabeth City, with missions that include search and rescue, international ice patrol, maritime law enforcement, aids to navigation, and environmental response; and
Whereas, North Carolina ranks high in the United States with 4.5% of the total military payroll, and defense spending in the 2002 federal fiscal year in North Carolina was approximately $6.7 billion; and
Whereas, the military in North Carolina materially affects North Carolina's economy, generating approximately $18 billion per year; Now, therefore,
The General Assembly of North Carolina enacts:
PART I. Findings.
SECTION 1.1. The General Assembly expresses its appreciation to the Department of Defense for the military bases and installations that are located in the State of North Carolina and that are vital parts of the national defense of the United States.
SECTION 1.2. The General Assembly declares its full support for its military installations and acknowledges the important role of the military in North Carolina's economy.
SECTION 1.3. The General Assembly has enacted several recent acts to accommodate the military and intends to continue:
(1) S.L. 2004-203, Section 80 (deployed personnel get extension to renew occupational licenses).
(2) S.L. 2004-130 (active duty personnel get in-State tuition rate at universities and community colleges; dependent relative continues to receive in-State rate if member reassigned; nonresident NC National Guard members get in-State rate).
(3) S.L. 2003-152 (DMV to have a military designation for drivers licenses; allow renewal by mail).
(4) S.L. 2003-248 (allow redaction of personal identifying information from military discharges filed with Register of Deeds).
(5) S.L. 2003-300 (extend drivers license to 90 days following end of deployment; waive civil penalties and fees for lapsed motor vehicle liability insurance; extend property tax filing deadline; extend property listing deadline; grant full refund of tuition and fees from UNC system and community colleges if deployed; waive repayment of NC Legislative Tuition Grants if student called to active duty).
PART II. WAIVE 1/3 MILITARY BASE GAS TAX.
SECTION 2.1. Part 7 of Article 36C of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105-449.128. Distribution of part of Highway Fund allocation to military installations.
(a) Distribution. - The Secretary must annually distribute to each military installation exchange located in this State an amount equal to the amount of motor fuel sold by the exchange within the military installation during the previous fiscal year, as reported pursuant to subsection (c) of this section, multiplied by the distribution rate. The Secretary must make this distribution within 90 days after the exchange submits a timely report.
(b) Rate. - The distribution rate is one-third of the sum of the flat cents-per-gallon rate in effect during the year for which the distribution is made and the average of the two variable cents-per-gallon rates in effect during that year.
(c) Report. - Each military installation exchange in this State must report to the Secretary by October 15 of each year the amount of motor fuel sold by the exchange within the military installation during the previous fiscal year. The report must be in the form required by the Secretary. No distribution will be made for reports filed after the due date.
(d) Use. - Funds distributed to a military installation exchange under this section must be deposited in the Military Morale, Recreation, and Welfare Fund for that installation and used only for community services and other expenditures to improve quality-of-life programs for military members and their families in North Carolina."
SECTION 2.2. G.S. 105-449.62 reads as rewritten:
"§ 105-449.62. Nature of tax.
This Article imposes a tax on motor fuel to provide revenue
for the State's transportation needs andneeds, for the other
purposes listed in Part 7 of this Article.Article, and for the
purposes provided in G.S. 105-449.128. The tax is collected from the
supplier or importer of the fuel because this method is the most efficient way
to collect the tax. The tax is designed, however, to be paid ultimately by the
person who consumes the fuel. The tax becomes a part of the cost of the fuel
and is consequently paid by those who subsequently purchase and consume the fuel."
SECTION 2.3. This Part becomes effective July 1, 2006, and applies to motor fuel sold on or after that date. The first reports under G.S. 105-449.128, as enacted by this act, are due by October 14, 2006.
PART III. encourage certain occupational licensing boards to develop policies for expediting the licensing process for MILITARY spouses.
SECTION 3.1. Findings. - The General Assembly finds that:
(1) According to the Department of Defense, the unemployment rate of military spouses is three times greater than the average American spouse in the same age group; and
(2) The mobile military lifestyle causes some military spouses to endure long periods of unemployment and, thus, loss of income; and
(3) Professional licensing requirements often differ among states, which in turn may limit career advancement or deter reentry into the workforce for military families moving to new locations.
SECTION 3.2.(a) In an effort to support military personnel and their families, each occupational licensing board in this State is encouraged to develop policies that would make the licensing process for military spouses more efficient and expedient. In expediting the licensing process, an occupational licensing board shall review its current licensing process especially as it relates to military personnel. After reviewing the licensing process, the licensing board may develop and implement policies regarding licensure that provide for assistance to military spouses and dependents to ensure a smooth process when military families move into this State or are transferred out of this State. Implementation of these policies shall not apply to occupational licensing boards regulating health care professionals.
SECTION 3.2.(b) This section does not apply to health professions or to teaching.
PART IV. NEIT/FIT.
SECTION 4. G.S. 115D-5 is amended by adding a new subsection to read:
"(o) Notwithstanding any other provision of law, the State Board of Community Colleges may adopt rules and guidelines that allow the New and Expanding Industry Training Program and the Focused Industrial Training Program to use funds appropriated for those Programs to support training projects for the various branches of the United States Armed Forces."
PART V. allowing members of the armed forces to terminate rental agreements early when being deployed.
SECTION 5. G.S. 42-45(a) reads as rewritten:
"(a) Any member of the
United States Armed Forces who (i) is required to move pursuant to permanent
change of station orders to depart 50 miles or more from the location of the
dwelling unit, or (ii) is prematurely or involuntarily discharged or
released from active duty with the United States Armed Forces, or (iii) is
required to move due to deployment may terminate his rental agreement for a
dwelling unit by providing the landlord with a written notice of termination to
be effective on a date stated in the notice that is at least 30 days after the
landlord's receipt of the notice. The notice to the landlord must be
accompanied by either a copy of the official military orders or a written
verification signed by the member's commanding officer."
PART VI. directing the department of public instruction to appoint a liaison to the military bases in north carolina.
SECTION 6. The Department of Public Instruction shall appoint an employee to serve as its liaison to the military bases in North Carolina. It shall be the responsibility of the liaison to facilitate communication and cooperation between (i) military personnel and their families and the Department and (ii) military personnel and their families and the North Carolina public schools.
PART VII. directing the state board of education and the board of governors of the university of north carolina to review and revise the policies and procedures regarding credit for high school courses to ensure that all students, especially the children of military personnel, receive credit for courses taken out-of-state.
SECTION 7. The State Board of Education shall review and revise the policies and practices related to students receiving credit for high school courses to ensure that all students, especially the highly mobile children of members of the armed forces, receive credit in the North Carolina public schools for comparable courses taken out-of-State. The State Board shall report the results of this review and any actions taken as a result of the study to modify its policies and practices to the Joint Legislative Education Oversight Committee prior to December 15, 2005.
PART VIII. ALLOWING IN-STATE TUITION AT STATE UNIVERSITIES AND COMMUNITY COLLEGES FOR ARMED SERVICES PERSONNEL AND THEIR DEPENDENTS.
SECTION 8. G.S. 116-143.3 reads as rewritten:
"§ 116-143.3.
Tuition of active duty personnel in the armed services.armed services
personnel and their dependents.
(a) Definitions. - The following definitions apply in this section:
(1) The term "abode" shall mean the place where a person actually lives, whether temporarily or permanently; the term "abide" shall mean to live in a given place.
(2) The term "armed services" shall mean the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any Reserve Component of the foregoing.
(3) The term "tuition assistance" shall be used as defined in the United States Department of Defense Directive 1322.8, implementing 10 U.S.C. § 2007.
(b) Any active duty
member of the armed services qualifying for admission to an institution of
higher education as defined in G.S. 116-143.1(a)(3) but not qualifying as
a resident for tuition purposes under G.S. 116-143.1 shall be charged the
in-State tuition rate and applicable mandatory fees for enrollments while the
member of the armed services is abiding in this State incident to active
military duty in this State. In the event the active duty member of the armed
services is reassigned outside of North Carolina, Carolina or
retires, the member shall continue to be eligible for the in-State tuition
rate and applicable mandatory fees so long as the member is continuously
enrolled in the degree or other program in which the member was enrolled at the
time the member is reassigned.
(b1), (b2) Repealed by Session Laws 2004-130, s. 1, effective August 1, 2004.
(c)
Any dependent relative of a member of the armed services who is abiding in this
State incident to active military duty, as defined by the Board of Governors of
The University of North Carolina and by the State Board of Community Colleges
while sharing the abode of that member shall be eligible to be charged the in-State
tuition rate, if the dependent relative qualifies for admission to an
institution of higher education as defined in G.S. 116-143.1(a)(3). The
dependent relatives shall comply with the requirements of the Selective Service
System, if applicable, in order to be accorded this benefit. In the event the
member of the armed services is reassigned outside of North Carolina, Carolina
or retires, the dependent relative shall continue to be eligible for the in-State
tuition rate and applicable mandatory fees so long as the dependent relative is
continuously enrolled in the degree or other program in which the dependent
relative was enrolled at the time the member is reassigned.
(d) The burden of
proving entitlement to the benefit of this section shall lie with the applicant
therefor.The person applying for the benefit of this section has the
burden of proving entitlement to the benefit.
(e) A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116-143.1(g), (h), (i), (j), (k), or (l)."
PART IX. a student is eligible to be considered for admission into the school of Science and mathematics if the STudent's parent is an active duty member of the armed services stationed in this State at the time the student's application is SUBMITTED.
SECTION 9.1. G.S. 116-235(b)(1) reads as rewritten:
"(1) Admission of Students.
- The School shall admit students in accordance with criteria, standards, and
procedures established by the Board of Trustees. To be eligible to be
considered for admission, an applicant must be either a legal resident
of the State, as defined by G.S. 116-143.1(a)(1); G.S. 116-143.1(a)(1)
or a student whose parent is an active duty member of the armed services as
defined by G.S. 116-143.3(2) who is abiding in this State incident to
active military duty at the time the application is submitted, provided the
student shares the abode of that parent; eligibility to remain enrolled in
the School shall terminate at the end of any school year during which a student
becomes a nonresident of the State. The Board of Trustees shall ensure, insofar
as possible without jeopardizing admission standards, that an equal number of
qualified rising high school juniors is admitted to the program and to the residential
summer institutes in science and mathematics from each of North Carolina's
congressional districts. In no event shall the differences in the number of
rising high school juniors offered admission to the program from each of North
Carolina's congressional districts be more than two and one-half percentage
points from the average number per district who are offered admission."
SECTION 9.2. This Part is effective when it becomes law and applies to the 2005-2006 academic year and each subsequent academic year.
PART X. EFFECTIVE DATE.
SECTION 10. Except as provided otherwise, this act is effective when it becomes law.