GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 1
SENATE BILL 973
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Short Title: Create Dept. of Military & Veterans Affairs. |
(Public) |
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Sponsors: |
Senators Rand; and Preston. |
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Referred to: |
State and Local Government. |
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March 26, 2009
A BILL TO BE ENTITLED
AN ACT to ESTABLISH the department of military and veterans affairs AND TO MAKE CONFORMING AMENDMENTS TO THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
PART I. CREATE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
SECTION 1.(a) Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 5A.
"Department of Military and Veterans Affairs.
"Part 1. General Provisions.
"§ 143B‑256. Department of Military and Veterans Affairs – creation.
There is hereby created and established a department to be known as the 'Department of Military and Veterans Affairs' with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Article.
"§ 143B‑256.1. Transfer of Division of Veterans Affairs.
The Division of Veterans Affairs of the Department of Administration is hereby transferred by a Type I transfer, as defined in G.S. 143A‑6, to the Department of Military and Veterans Affairs.
"§ 143B‑256.2. Definitions.
The following definitions shall apply in this Article:
(1) Department. – The Department of Military and Veterans Affairs.
(2) Member of the military. – Any member of the armed forces of the United States or of the North Carolina Air or Army National Guard.
(3) Secretary. – The Secretary of the Department of Military and Veterans Affairs.
(4) Veteran. – Any person who may be entitled to any benefits or rights under the laws of the United States by reason of service in the armed forces of the United States or National Guard of this State, except that for purposes of qualifying as a voting member of the Military and Veterans' Affairs Commission and as the Secretary of the Department of Military and Veterans Affairs, this term shall mean a person who served honorably during a period of war as defined in Title 38 of the United States Code.
"§ 143B‑256.3. Purpose.
The purpose of this Article is to provide assistance to members of the military and veterans, as well as their families and dependents, in obtaining or maintaining privileges, rights, and benefits to which they are entitled under federal, State, or local laws.
"§ 143B‑256.4. Head of the Department of Military and Veterans Affairs; powers and duties.
(a) The head of the department is the Secretary, who shall be a veteran. The Secretary shall have the powers and duties conferred by this Chapter, delegated by the Governor, and conferred by the Constitution and laws of this State. The Secretary shall be responsible for effectively and efficiently organizing the Department to promote the policy of the State as set forth in this Article. The Secretary is hereby empowered and directed to employ within the Department an additional assistant secretary as Assistant Secretary for Veterans Affairs.
(b) Notwithstanding G.S. 143B‑9 or any other provision of law, the Secretary shall not receive a salary unless the federal Fair Labor Standards Act of 1938, as amended from time to time by the United States Congress, or similar federal legislation requires that the Secretary receive a salary, in which case the Secretary shall receive the minimum salary required under the appropriate act. The Secretary shall receive per diem and necessary travel and subsistence expenses in accordance with provisions of Chapter 138 of the General Statutes.
(c) In furtherance of the stated purpose of this Article, the Secretary shall have the following powers and duties:
(1) To assist members of the military and veterans, their families, and dependents in the presentation, processing, proof, and establishment of such claims, privileges, rights, and benefits as they may be entitled to under federal, State, or local laws, rules, and regulations.
(2) To aid persons in active military service and their dependents with problems arising out of that service which come reasonably within the purview of the Department's program of assistance.
(3) To collect data and information as to the facilities and services available to members of the military and veterans, their families, and dependents and to cooperate with agencies furnishing information or services throughout the State in order to inform such agencies regarding the availability of (i) education, training, and retraining facilities, (ii) health, medical, rehabilitation, and housing services and facilities, (iii) employment and reemployment services, (iv) provisions of federal, State, and local laws, rules, and regulations affording rights, privileges, and benefits to members of the military and veterans, their families, and dependents, and in respect to such other matters of similar, related, or appropriate nature not herein set out.
(4) To establish such field offices, facilities, and services throughout the State as may be necessary to carry out the purposes of this Article.
(5) To cooperate, as the Department deems appropriate, with governmental, private, and civic agencies and instrumentalities in securing services or benefits for members of the military and veterans, their families, dependents, and beneficiaries.
(6) To accept any property, funds, service, or facilities from any source, public or private, granted in aid or furtherance of the administration of the provisions of this Article.
(7) To enter into any contract or agreement with any person, firm, or corporation, or governmental agency or instrumentality in furtherance of the purposes of this Article, and to make all rules and regulations necessary for the proper and effective administration of its duties.
(8) It shall be the duty of the Department to train, supervise, and assist the employees of any county, city, or town who are engaged in providing services to members of the military or veterans. Authority is hereby granted the governing body of any county, city, or town to appropriate such amounts as it may deem necessary to provide a service program for members of the military or veterans, and the expenditure of such funds is hereby declared to be for a public purpose; such program shall be operated in affiliation with this Department and under its supervision as set forth above.
(9) The Department may, in its discretion, contribute to each county an amount not to exceed two thousand dollars ($2,000) on a matching basis for any fiscal year for the maintenance and operation of a county service program for members of the military and veterans. Participating counties shall furnish the Department such reports, accountings, and other information at such times and in such form as the Department may require.
"§ 143B‑256.5. Appropriations.
Appropriations for the Department shall be made from the General Fund of the State, and the Governor, with the approval of the Council of State, is hereby authorized and empowered to allocate from time to time from the Contingency and Emergency Fund, such funds as may be necessary to carry out the intent and purposes of this Article.
"§ 143B‑256.6. Transfer of veterans' activities.
The Governor may transfer to the Department such funds, facilities, properties, and activities now being held or administered by the State for the benefit of veterans, their families, and dependents, as he may deem proper; provided, that the provisions of this section shall not apply to the activities of the North Carolina Employment Security Commission in respect to veterans.
"§ 143B‑256.7. Quarters.
The Department of Administration shall provide, in the City of Raleigh, adequate quarters for the central office of the Department of Military and Veterans Affairs. The Department of Military and Veterans Affairs shall procure suitable space for its field offices and other activities pursuant to applicable provisions of law and in accordance with rules adopted by the Governor with the approval of the Council of State.
"§ 143B‑256.8. Copies of records to be furnished to the Department of Military and Veterans Affairs.
(a) Whenever copies of any State and local public records are requested by a representative of the Department of Military and Veterans Affairs while assisting persons in obtaining any federal, State, local, or privately provided benefits relating to members of the military or veterans, and their beneficiaries, the official charged with the custody of those records shall furnish the representative with the requested number of certified copies of those records without charge. This subsection shall not apply to the disclosure of information in certain privileged and confidential records referred to elsewhere in the General Statutes of North Carolina, and that information shall continue to be disclosed in the manner prescribed by the relevant statutes.
(b) No official chargeable with the collection of any fee or charge under the laws of the State of North Carolina in connection with his official duties shall be held accountable on his official bond or otherwise for any fee or charge remitted pursuant to the provisions of this section.
"§ 143B‑256.9. Confidentiality of Military and Veterans Affairs records.
Notwithstanding any other provisions of Chapter 143B of the General Statutes, no records of the Department of Military and Veterans Affairs shall be disclosed or used for any purpose except for official purposes, and no records shall be disclosed, destroyed, or used in any manner which is in violation of any existing federal law or regulation. Nothing in this Chapter shall convert records which are the property of the federal government into State property."
SECTION 1.(b) Article 5A of Chapter 143B of the General Statutes, as created by this act, is amended by adding a new Part to read:
"Part 2. Military and Veterans' Affairs Commission."
SECTION 1.(c) Part 13 of Article 9 of Chapter 143B of the General Statutes is recodified as Part 2 of Article 5A of Chapter 143B of the General Statutes, and G.S. 143B‑399, 143B‑400, and 143B‑401 are recodified as G.S. 143B‑257, 143B‑257.1, and 143B‑257.2, respectively.
SECTION 1.(d) G.S. 143B‑257, as enacted by this act, reads as rewritten:
"§ 143B‑257. Veterans' Military
and Veterans' Affairs Commission – creation, powers and duties.
There is hereby created the Military and Veterans'
Affairs Commission of the Department of Administration.Military and
Veterans Affairs. The Military and Veterans' Affairs Commission
shall have the following functions and duties:
(1) To advise the Governor on matters relating to the
affairs of members of the military and veterans in North Carolina;Carolina.
(2) To maintain a continuing review of the operation
and budgeting of existing programs for veterans and members of the
military and veterans, as well as their dependents in the State and to make
any recommendations to the Governor for improvements and additions to such these
matters to which the Governor shall give due consideration;consideration.
(3) To serve collectively as a liaison between the Division
ofDepartment of Military and Veterans Affairs and the
veterans organizations represented on the Commission;Commission.
(4) To promulgate rules and regulations concerning the
awarding of scholarships for children of North Carolina veterans as provided by
Article 4 of Chapter 165 of the General Statutes of North Carolina. The
Commission shall make rules and regulations consistent with the provisions of this
that Chapter. All rules and regulations not inconsistent with the
provisions of this that Chapter heretofore adopted by the State
Board of Veterans' Affairs or the Veterans' Affairs Commission of the
Department of Administration shall remain in full force and effect unless
and until repealed or superseded by action of the Veterans Military
and Veterans' Affairs Commission. All rules and regulations adopted by the
Commission shall be enforced by the Division of Veterans' Affairs;Department
of Military and Veterans Affairs.
(4a)(5) To promulgate rules concerning the
awarding of the North Carolina Services Medal to all veterans who have served
in any period of war as defined in 38 U.S.C. § 101. The award shall be self‑financing;
those who wish to be awarded the medal shall pay a fee to cover the expenses of
producing the medal and awarding the medal. All rules adopted by the Commission
with respect to the North Carolina Services Medal shall be implemented and
enforced by the Division of Veterans' Affairs; andDepartment of
Military and Veterans Affairs.
(5)(6) To advise the Governor on any matter
the Governor may refer to it."
SECTION 1.(e) G.S. 143B‑257.1, as enacted by this act, reads as rewritten:
"§ 143B‑257.1. Military and Veterans' Affairs Commission – members; selection; quorum; compensation.
The Military and Veterans' Affairs Commission of the
Department of Administration Military and Veterans Affairs shall
consist of one voting member from each congressional district, all of whom
shall be veterans, appointed by the Governor for four‑year terms. In
making these appointments, the Governor shall insure ensure that
both major political parties will be continuously represented on the Military
and Veterans' Affairs Commission.
The initial members of the Commission shall be the appointed
members of the current Veterans' Affairs Commission who shall serve for the
remainder of their current terms and six additional members appointed by the
Governor for terms expiring June 30, 1981.September 30, 2013.
Thereafter, all members shall be appointed for terms of four years. Any
appointment to fill a vacancy on the Commission created by the resignation,
dismissal, death or disability of a member shall be for the balance of the
unexpired term. The Governor shall have the power to remove any member of the
Commission in accordance with provisions of G.S. 143B‑13.
In the event that more than 11 13 congressional
districts are established in the State, the Governor shall on July October
1 following the establishment of such additional congressional districts
appoint a member of the Commission from that congressional district. If on July
1, 1977October 1, 2009, or at any time thereafter due to
congressional redistricting, two or more members of the Military and Veterans'
Affairs Commission shall reside in the same congressional district then such
members shall continue to serve as members of the Commission for a period equal
to the remainder of their current terms on the Commission provided that upon
the expiration of said term or terms the Governor shall fill such the
vacancy or vacancies in such a manner as to insure that as expeditiously
as possible there is one member of the Military and Veterans' Affairs
Commission who is a resident of each congressional district in the State.
The Governor shall designate from the membership of the
Commission a chairman and vice‑chairman of the Commission who shall
serve at the pleasure of the Governor. The Secretary of the Department of Administration
or hisMilitary and Veterans Affairs or the Secretary's designee
shall serve as secretary of the Commission.
Members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with provisions of G.S. 138‑5.
A majority of the Commission shall constitute a quorum for the transaction of business.
The Military and Veterans' Affairs Commission shall
meet at least twice a year and may hold special meetings at any time or place
within the State at the call of the chairman, at the call of the Secretary of
the Department of Administration Military and Veterans Affairs or
upon the written request of at least six members.
All clerical and other services required by the Commission
shall be provided by the Secretary of the Department of Administration.Military
and Veterans Affairs."
SECTION 1.(f) G.S. 143B‑257.2, as enacted by this act, reads as rewritten:
"§ 143B‑257.2. Military and Veterans' Affairs Commission Advisory Committee – members; compensation.
The department commander or official head of each veterans' organization which has been chartered by an act of the United States Congress and which is legally constituted and operating in this State pursuant to said charter shall constitute an Advisory Committee to the Military and Veterans' Affairs Commission. Members of the Military and Veterans' Affairs Commission Advisory Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5."
SECTION 1.(g) Article 5A of Chapter 143B of the General Statutes, as created by this act, is amended by adding a new Part to read:
"Part 3. Governor's Jobs for Veterans Committee."
SECTION 1.(h) Part 19 of Article 9 of Chapter 143B of the General Statutes is recodified as Part 3 of Article 5A of Chapter 143B of the General Statutes, and G.S. 143B‑420 and G.S. 143B‑421 are recodified as G.S. 143B‑258 and G.S. 143B‑258.1, respectively.
SECTION 1.(i) G.S. 143B‑258, as enacted by this act, reads as rewritten:
"§ 143B‑258. Governor's Jobs for Veterans Committee – creation; appointment, organization, etc.; duties.
(a) There is hereby created and established in the
North Carolina Department of Administration, Division of Military and
Veterans Affairs, a committee to be known as the Governor's Jobs for
Veterans Committee, with one member from each Congressional district, appointed
by the Governor. Members of the Committee shall serve at the pleasure of the
Governor. The Secretary of Administration,Military and Veterans
Affairs, with the concurrence of the Governor, shall appoint a chairman to
administer this Committee who shall be subject to the direction and supervision
of the Secretary. The chairman shall serve at the pleasure of the Secretary.
The chairman shall devote full time to his duties of office.
(b) Subject to the general supervision of the Secretary, the duties of the chairman shall include but not be limited to the following:
(1) Serving as a liaison between the Office of the Governor and all State agencies to insure that veterans receive the employment preference to which they are legally entitled and that such State agencies list available jobs with appropriate public employment services;
(2) Evaluating existing programs designed to benefit veterans and submitting reports and recommendations to the Governor and Secretary;
(3) Developing and furthering favorable employer attitudes toward the employment of veterans by appropriate promulgation of information concerning veterans and the functions of the Committee;
(4) Serving as a liaison between the Committee and communities throughout the State to the end that civic committees and volunteer groups are formed and utilized to promote the objectives of the Committee;
(5) Assisting employers in properly designing affirmative action plans as they relate to handicapped and Vietnam‑era veterans;
(6) Serving as a liaison between veterans and State agencies on questions regarding the employment practices of such State agencies."
SECTION 1.(j) G.S. 143B‑258.1, as enacted by this act, reads as rewritten:
"§ 143B‑258.1. Governor's Jobs for Veterans Committee – authority to receive grants‑in‑aid.
The Committee is hereby authorized to receive grants‑in‑aid from the federal government and charitable organizations for carrying out its duties."
PART II. CONFORMING CHANGES
SECTION 2.(a) G.S. 20‑79.5(a) reads as rewritten:
"(a) Plates. – The State government officials listed in this section are eligible for a special registration plate under G.S. 20‑79.4. The plate shall bear the number designated in the following table for the position held by the official.
Position Number on Plate
Governor 1
Lieutenant Governor 2
Speaker of the House of Representatives 3
President Pro Tempore of the Senate 4
Secretary of State 5
State Auditor 6
State Treasurer 7
Superintendent of Public Instruction 8
Attorney General 9
Commissioner of Agriculture 10
Commissioner of Labor 11
Commissioner of Insurance 12
Speaker Pro Tempore of the House 13
Legislative Services Officer 14
Secretary of Administration 15
Secretary of Environment and Natural Resources 16
Secretary of Revenue 17
Secretary of Health and Human Services 18
Secretary of Commerce 19
Secretary of Correction 20
Secretary of Cultural Resources 21
Secretary of Crime Control and Public Safety 22
Secretary of Juvenile Justice and Delinquency Prevention 23
Secretary of Military and Veterans Affairs 24
Governor's Staff 24‑2925‑29
State Budget Officer 30
State Personnel Director 31
Chair of the State Board of Education 32
President of the U.N.C. System 33
President of the Community Colleges System 34
State Board Member, Commission Member, or State
Employee Not Named in List 35‑43
Alcoholic Beverage Control Commission 44‑46
Assistant Commissioners of Agriculture 47‑48
Deputy Secretary of State 49
Deputy State Treasurer 50
Assistant State Treasurer 51
Deputy Commissioner for the Department of Labor 52
Chief Deputy for the Department of Insurance 53
Assistant Commissioner of Insurance 54
Deputies and Assistant to the Attorney General 55‑65
Board of Economic Development Nonlegislative Member 66‑88
State Ports Authority Nonlegislative Member 89‑96
Utilities Commission Member 97‑103
State Board Member, Commission Member, or State
Employee Not Named in List 104
Post‑Release Supervision and Parole Commission Member 105‑107
State Board Member, Commission Member, or State
Employee Not Named in List 108‑200"
SECTION 2.(b) G.S. 47‑113.2(b)(1) reads as rewritten:
"(1) Authorized party. – Four categories of authorized parties are recognized with respect to access to military discharge documents under subsection (d) of this section:
a. The subject of the document.
b. Agents and representatives of the subject authorized in writing:
1. By the subject or subject's widow or widower in a notarized authorization,
2. By a court to represent subject, or
3. By the subject's executor acting on behalf of a deceased subject.
c. Authorized agents of the Division ofDepartment
of Military and Veterans Affairs, the United States Department of Veterans
Affairs, the Department of Defense, or a court official with an interest in
assisting the subject or the deceased subject's beneficiaries to obtain a
benefit.
d. Agents or representatives of the North Carolina State Archives."
SECTION 2.(c) G.S. 65‑43.4(b)(1) reads as rewritten:
"(1) The disinterment is requested in writing and
filed with the Program Director of the veterans cemeteries, the Assistant
Secretary for Veterans Affairs, or the Division of Department of
Military and Veterans Affairs;"
SECTION 2.(d) G.S. 65‑43.5(a)(2) reads as rewritten:
"(2) The reinterment is requested in writing and
filed with the Program Manager of veterans cemeteries, the Assistant Secretary
for Veterans Affairs, or the Division ofDepartment of Military and
Veterans Affairs; and"
SECTION 2.(e) G.S. 66‑58(b) is amended by adding a new subdivision to read:
"(26) The Department of Military and Veterans Affairs."
SECTION 2.(f) G.S. 126‑5(d)(1) reads as rewritten:
"(d) (1) Exempt Positions in Cabinet Department. – The Governor may designate a total of 100 exempt policymaking positions throughout the following departments:
a. Department of Administration;
b. Department of Commerce;
c. Department of Correction;
d. Department of Crime Control and Public Safety;
e. Department of Cultural Resources;
f. Department of Health and Human Services;
g. Department of Environment and Natural Resources;
h. Department of Revenue;
i. Department of Transportation; and
j. Department of Juvenile Justice and Delinquency Prevention.Prevention;
and
k. Department of Military and Veterans Affairs.
The Governor may designate exempt managerial positions in a number up to one percent (1%) of the total number of full‑time positions in each cabinet department listed above in this sub‑subdivision, not to exceed 30 positions in each department. Notwithstanding the provisions of this subdivision, or the other requirements of this subsection, the Governor may at any time increase by five the number of exempt policymaking positions at the Department of Health and Human Services, but at no time shall the total number of exempt policymaking positions exceed 105. The Governor shall notify the General Assembly and the State Personnel Director of the additional positions designated hereunder."
SECTION 2.(g) G.S. 143B‑2 is amended by adding a new subdivision to read:
"(11) Department of Military and Veterans Affairs."
SECTION 2.(h) G.S. 143B‑6 is amended by adding a new subdivision to read:
"(12) Department of Military and Veterans Affairs."
SECTION 2.(i) G.S. 143B‑417(1) reads as rewritten:
"(1) To determine the number of student interns to be allocated to each of the following offices or departments:
a. Office of the Governor
b. Department of Administration
c. Department of Correction
d. Department of Cultural Resources
e. Department of Revenue
f. Department of Transportation
g. Department of Environment and Natural Resources
h. Department of Commerce
i. Department of Crime Control and Public Safety
j. Department of Health and Human Services
k. Office of the Lieutenant Governor
l. Office of the Secretary of State
m. Office of the State Auditor
n. Office of the State Treasurer
o. Department of Public Instruction
p. Repealed by Session Laws 1985, c. 757, s. 162.
q. Department of Agriculture and Consumer Services
r. Department of Labor
s. Department of Insurance
t. Office of the Speaker of the House of Representatives
u. Justices of the Supreme Court and Judges of the Court of Appeals
v. Community Colleges System Office
w. Office of State Personnel
x. Office of the Senate President Pro Tempore
y. Department of Juvenile Justice and Delinquency Prevention
z. Administrative Office of the Courts
aa. State Ethics Commission
bb. Employment Security Commission
cc. State Board of Elections
dd. Department of Justice
ee. Department of Military and Veterans Affairs"
SECTION 2.(j) G.S. 143B‑426.22(a) reads as rewritten:
"(a) Creation; Membership. – The Governor's
Management Council is created in the Department of Administration. The Council
shall contain the following members: The Secretary of Administration, who shall
serve as chairman, a senior staff officer responsible for productivity and
management programs from the Departments of Commerce, Revenue, Environment and
Natural Resources, Transportation, Crime Control and Public Safety, Cultural
Resources, Correction, Health and Human Services, Juvenile Justice and
Delinquency Prevention, andPrevention, Military and Veterans Affairs,
Administration; and an equivalent officer from the Offices of State Personnel,
State Budget and Management, and the Governor's Program for Executive and
Organizational Development. The following persons may also serve on the Council
if the entity represented chooses to participate: a senior staff officer
responsible for productivity and management programs from any State department
not previously specified in this section, and a representative from The
University of North Carolina."
SECTION 2.(k) G.S. 161‑10.1 reads as rewritten:
"§ 161‑10.1. Exemption of armed forces discharge documents and certain other records needed in support of claims for veterans' benefits.
Any schedule of fees which is now or may be prescribed in
Chapter 161 of the General Statutes or in G.S. 161‑10 shall not
apply to nor shall the same repeal any of the provisions of Article 5 of
Chapter 47 of the General Statutes. Any schedule of fees which is now or may be
hereafter prescribed in Chapter 161 of the General Statutes or as may appear in
G.S. 161‑10 shall not apply to nor shall the same repeal any of the
provisions of G.S. 165‑11.143B‑256.8."
SECTION 2.(l) G.S. 165‑1, 165‑2, 165‑4, 165‑6, 165‑8, 165‑9, 165‑10, 165‑11, and 165‑11.1 are repealed.
SECTION 2.(m) G.S. 165‑3 reads as rewritten:
"§ 165‑3. Definitions.
Wherever used in this Article,Chapter, unless
the context otherwise requires, the terms defined in this section shall have
the following meaning:
(1) "Commission" means the Veterans Affairs Commission.
(2) "Department" means the North Carolina Department
of Administration,Department of Military and Veterans Affairs an
agency of the government of the State of North Carolina.
(3) Repealed by Session Laws 1973, c. 620, s. 9.
(4) "Veteran" means
a. For qualifying as a voting member of the State Board of Veterans Affairs and as the State Director of Veterans Affairs, a person who served honorably during a period of war as defined in Title 38, United States Code.
b. For entitlement to the services of the Department of Administration, any person who may be entitled to any benefits or rights under the laws of the United States by reason of service in the armed forces of the United States.
(5) "Veterans' organization" means any organization of veterans which has been chartered by an act of the United States Congress and is legally constituted and operating in this State pursuant to said charter."
SECTION 2.(n) G.S. 165‑20 reads as rewritten:
"§ 165‑20. Definitions.
As used in this Article the terms defined in this section shall have the following meaning:
(1) "Active federal service" means full‑time duty in the armed forces other than active duty for training; however, if disability or death occurs while on active duty for training (i) as a direct result of armed conflict or (ii) while engaged in extra‑hazardous service, including such service under conditions simulating war, such active duty for training shall be considered as active federal service.
(2) "Armed forces" means the army, navy, marine corps, air force and coast guard, including their reserve components.
(3) "Child" means a person: (i) under 25 years of age at the time of application for a scholarship, (ii) who is a domiciliary of North Carolina and is a resident of North Carolina when applying for a scholarship, (iii) who has completed high school or its equivalent prior to receipt of a scholarship awarded under this Article, (iv) who has complied with the requirements of the Selective Service System, if applicable, and (v) who further meets one of the following requirements:
a. A person whose veteran parent was a legal resident of North Carolina at the time of said veteran's entrance into that period of service in the armed forces during which eligibility is established under G.S. 165‑22.
b. A veteran's child who was born in North Carolina
and has been a resident of North Carolina continuously since birth. Provided,
that the requirement in the preceding sentence as to birth in North Carolina
may be waived by the Department of AdministrationMilitary and
Veterans Affairs if it is shown to the satisfaction of the Department that
the child's mother was a native‑born resident of North Carolina and was
such resident at the time of her marriage to the veteran and was outside the
State temporarily at the time of the child's birth, following which the child
was returned to North Carolina within a reasonable period of time where said
child has since lived continuously.
c. A person meeting either of the requirements set forth in subdivision (3) a or b above, and who was legally adopted by the veteran prior to said person's reaching the age of 15 years.
(4) "Period of war" and "wartime" shall mean any of the periods or circumstances as defined below:
a. World War I, meaning (i) the period beginning on April 6, 1917 and ending on November 11, 1918, and (ii) in the case of a veteran who served with the United States armed forces in Russia, the period beginning on April 6, 1917 and ending on April 1, 1920.
b. World War II, meaning the period beginning on December 7, 1941 and ending on December 31, 1946.
c. Korean Conflict, meaning the period beginning on June 27, 1950 and ending on January 31, 1955.
d. Vietnam era, meaning the period beginning on August 5, 1964, and ending on May 7, 1975.
d1. Persian Gulf War, meaning the period beginning on August 2, 1990, and ending on the date prescribed by Presidential proclamation or concurrent resolution of the United States Congress.
e. Any period of service in the armed forces during which the veteran parent of an applicant for a scholarship under this Article suffered death or disability (i) as a direct result of armed conflict or (ii) while engaged in extra‑hazardous service, including such service under conditions simulating war.
(5) "Private educational institution" means any junior college, senior college or university which is operated and governed by private interests not under the control of the federal, State or any local government, which is located within the State of North Carolina, which does not operate for profit, whose curriculum is primarily directed toward the awarding of associate, baccalaureate or graduate degrees, which agrees to the applicable administration and funding provisions of G.S. 165‑22.1, of this Article, and which is otherwise approved by the State Board of Veterans Affairs.
(6) "State educational institution" means any constituent institution of The University of North Carolina, or any community college operated under the provisions of Chapter 115D of the General Statutes of North Carolina.
(7) "Veteran" means a person who served as a member of the armed forces of the United States in active federal service during a period of war and who was separated from the armed forces under conditions other than dishonorable. A person who was separated from the armed forces under conditions other than dishonorable and whose death or disability was incurred (i) as a direct result of armed conflict or (ii) while engaged in extra‑hazardous service, including such service under conditions simulating war, shall also be deemed a "veteran" and such death or disability shall be considered wartime service‑connected."
SECTION 2.(o) G.S. 165‑22(2) reads as rewritten:
"(2) Class I‑B: Under this class a limited
scholarship providing only those benefits set forth in G.S. 165‑21(1)a
and d and 165‑21(2) of this Article, shall be awarded to any child whose
veteran parent, at the time the benefits pursuant to this Article are sought to
be availed of, is or was at the time of his death receiving compensation for a
wartime service‑connected disability of one hundred percent (100%) as
rated by the United States Department of Veterans Affairs. Provided, that if
the veteran parent of a recipient under this class should die of his wartime
service‑connected condition before the recipient shall have utilized all
of his scholarship eligibility time, then the North Carolina Department of
AdministrationDepartment of Military and Veterans Affairs shall
amend the recipient's award from Class I‑B to Class I‑A for the
remainder of the recipient's eligibility time. The effective date of such an
amended award shall be determined by the Department of Administration,Military
and Veterans Affairs but, in no event shall it predate the date of the
veteran parent's death."
SECTION 2.(p) G.S. 165‑22.1 reads as rewritten:
"§ 165‑22.1. Administration and funding.
(a) The administration of the scholarship program
shall be vested in the Department of Administration,Military and
Veterans Affairs, and the disbursing and accounting activities required
shall be a responsibility of the Department of Administration.Military
and Veterans Affairs. The Veterans Affairs Commission shall determine the
eligibility of applicants, select the scholarship recipients, establish the
effective date of scholarships, and may suspend or revoke scholarships if the said
Veterans Affairs Commission finds that the recipient does not comply with
the registration requirements of the Selective Service System or does not maintain
an adequate academic status, or if the recipient engages in riots, unlawful
demonstrations, the seizure of educational buildings, or otherwise engages in
disorderly conduct, breaches of the peace or unlawful assemblies. The
Department of Administration Military and Veterans Affairs shall
maintain the primary and necessary records, and the Veterans Affairs Commission
shall promulgate such rules and regulations not inconsistent with the other
provisions of this Article as it deems necessary for the orderly administration
of the program. It may require of State or private educational institutions, as
defined in this Article, such reports and other information as it may need to
carry out the provisions of this Article. The Department of Administration Military
and Veterans Affairs shall disburse scholarship payments for recipients
certified eligible by the Department of Administration Military and
Veterans Affairs upon certification of enrollment by the enrolling
institution.
(b) Funds for the support of this program shall be
appropriated to the Department of Administration Military and
Veterans Affairs as a reserve for payment of the allocable costs for room,
board, tuition, and other charges, and shall be placed in a separate budget
code from which disbursements shall be made. Funds to support the program shall
be supported by receipts from the Escheat Fund, as provided by G.S. 116B‑7,
but those funds may be used only for worthy and needy residents of this State
who are enrolled in public institutions of higher education of this State. In
the event the said appropriation for any year is insufficient to pay the full
amounts allocable under the provisions of this Article, such supplemental sums
as may be necessary shall be allocated from the Contingency and Emergency Fund.
The method of disbursing and accounting for funds allocated for payments under
the provisions of this section shall be in accordance with those standards and
procedures prescribed by the Director of the Budget, pursuant to the Executive
State Budget Act.
(c) Allowances for room and board in State educational
institutions shall be at such rate as established by the Secretary of the
Department of Administration.Military and Veterans Affairs.
(d) Scholarship recipients electing to attend a
private educational institution shall be granted a monetary allowance for each
term or other academic period attended under their respective scholarship
awards. All recipients under Class I‑B scholarship shall receive an
allowance at one rate, irrespective of course or institution; all recipients
under Classes I‑A, II, III and IV shall receive a uniform allowance at a
rate higher than for Class I‑B, irrespective of course or institution.
The amount of said allowances shall be determined by the Director of the Budget
and made known prior to the beginning of each fall quarter or semester;
provided that the Director of the Budget may change the allowances at
intermediate periods when in his judgment such changes are necessary.
Disbursements by the State shall be to the private institution concerned, for
credit to the account of each recipient attending said institution. The manner
of payment to any private institution shall be as prescribed by the Department
of Administration.Military and Veterans Affairs. The participation
by any private institution in the program shall be subject to the applicable
provisions of this Article and to examination by State auditors of the accounts
of scholarship recipients attending or having attended private institutions.
The Veterans Affairs Commission may defer making an award or may suspend an
award in any private institution which does not comply with the provisions of
this Article relating to said institutions.
(e) Irrespective of other provisions of this Article, the Veterans Affairs Commission may prescribe special procedures for adjusting the accounts of scholarship recipients who for reasons of illness, physical inability to attend class or for other valid reason satisfactory to the Veterans Affairs Commission may withdraw from State or private educational institutions prior to the completion of the term, semester, quarter or other academic period being attended at the time of withdrawal. Such procedures may include, but shall not be limited to, paying the recipient the dollar value of his unused entitlements for the academic period being attended, with a corresponding deduction of this period from his remaining scholarship eligibility time."
SECTION 2.(q) G.S. 165‑46 reads as rewritten:
"§ 165‑46. Establishment.
The State of North Carolina shall construct, maintain, and
operate veterans homes for the aged and infirm veterans resident in this State
under the administrative authority and control of the Division of Veterans
Affairs of the Department of Administration.Military and Veterans
Affairs. There is vested in such Divisionthat Department any
and all powers and authority that may be necessary to enable it to establish
and operate the homes and to issue rules necessary to operate the homes in
compliance with applicable State and federal statutes and regulations."
SECTION 2.(r) G.S. 165‑47 reads as rewritten:
"§ 165‑47. Exemption from certificate of need.
Any state veterans home established by the Division of Veterans Affairs or Department of Military and Veterans Affairs shall be exempt from the certificate of need requirements as set out in Article 9 of Chapter 131E, or as may be hereinafter enacted."
SECTION 2.(s) G.S. 165‑48 reads as rewritten:
"§ 165‑48. North Carolina Veterans Home Trust Fund.
(a) Establishment. – A trust fund shall be established
in the State treasury, for the Division of Veterans Affairs,Department
of Military and Veterans Affairs, to be known as the North Carolina
Veterans Home Trust Fund.
(b) Composition. – The trust fund shall consist of all
funds and monies received by the Veterans Veterans' Affairs
Commission or the Division of Veterans AffairsDepartment of Military
and Veterans Affairs from the United States, any federal agency or
institution, and any other source, whether as a grant, appropriation, gift,
contribution, bequest or individual reimbursement, for the care and support of
veterans who have been admitted to a State veterans home.
(c) Use of Fund. – The trust fund created in
subsection (a) of this section shall be used by the Division of Veterans
Affairs:Department of Military and Veterans Affairs:
(1) To pay for the care of veterans in said State veterans homes;
(2) To pay the general operating expenses of the State veterans homes, including the payment of salaries and wages of officials and employees of said homes; and
(3) To remodel, repair, construct, modernize, or add improvements to buildings and facilities at the homes.
(d) Miscellaneous. – The following provisions apply to the trust fund created in subsection (a) of this section:
(1) All funds deposited and all income earned on the investment or reinvestment of such funds shall be credited to the trust fund.
(2) Any monies remaining in the trust fund at the end of each fiscal year shall remain on deposit in the State treasury to the credit of the North Carolina Veterans Home Trust Fund.
(3) Nothing contained herein shall prohibit the
establishment and utilization of special agency accounts by the Division of
Veterans Affairs,Department of Military and Veterans Affairs as may
be approved by the Veterans Affairs Commission, for the receipt and
disbursement of personal funds of the State veterans homes' residents or for
receipt and disbursement of charitable contributions for use by and for
residents."
SECTION 2.(t) G.S. 165‑49 reads as rewritten:
"§ 165‑49. Funding.
(a) The Division of Veterans Affairs of the
Department of AdministrationThe Department of Military and Veterans
Affairs may apply for and receive federal aid and assistance from the
United States Department of Veterans Affairs or any other agency of the United
States Government authorized to pay federal aid to states for the construction
and acquisition of veterans homes under Title 38, United States Code, section
8131 et seq., or for the care or support of disabled veterans in State veterans
homes under Title 38, United Stated Code, section 1741 et seq., or from any
other federal law for said purposes.
(b) The Division of Veterans Affairs Department
of Military and Veterans Affairs may receive from any source any gift,
contribution, bequest, or individual reimbursement, the receipt of which does
not exclude any other source of revenue.
(c) All funds received by the Division Department
shall be deposited in the North Carolina Veterans Home Trust Fund, except
for any funds deposited into special agency accounts established pursuant to G.S. 165‑48(d)(3).
The Veterans Affairs Commission shall authorize the expenditure of all funds
from the North Carolina Veterans Home Trust Fund. The Veterans Affairs
Commission may delegate authority to the Assistant Secretary of Veterans
Affairs for the expenditure of funds from the North Carolina Veterans Home
Trust Fund for operations of the State Veterans Nursing Homes."
SECTION 2.(u) G.S. 165‑50 reads as rewritten:
"§ 165‑50. Contracted operation of homes.
The Veterans Affairs Commission may contract with persons or
other nongovernmental entities to operate each State veterans home. Contracts
for the procurement of services to manage, administer, and operate any State
veterans home shall be awarded on a competitive basis through the solicitation
of proposals and through the procedures established by statute and the Division
of Purchase and Contract.Contract of the Department of
Administration. A contract may be awarded to the vendor whose proposal is
most advantageous to the State, taking into consideration cost, program
suitability, management plan, excellence of program design, key personnel,
corporate or company resources, financial condition of the vendor, experience
and past performance, and any other qualities deemed necessary by the Veterans
Affairs Commission and set out in the solicitation for proposals. Any contract
awarded under this section shall not exceed five years in length. The Veterans
Affairs Commission is not required to select or recommend the vendor offering
the lowest cost proposal but shall select or recommend the vendor who, in the
opinion of the Commission, offers the proposal most advantageous to the
veterans and the State of North Carolina."
SECTION 2.(v) G.S. 165‑51 reads as rewritten:
"§ 165‑51. Program staff.
The Division Department shall appoint and fix
the salary of an Administrative Officer for the State veterans home program.
The Administrative Officer shall be an honorably discharged veteran who has
served in active military service in the armed forces of the United States for
other than training purposes. The Administrative Officer shall direct the
establishment of the State veterans home program, coordinate the master
planning, land acquisition, and construction of all State veterans homes under
the procedures of the Office of State Construction, and oversee the ongoing
operation of said veterans homes. The Division Department may
hire any required additional administrative staff to help with administrative
and operational responsibilities at each established State Veterans Home."
SECTION 2.(w) G.S. 165‑54 reads as rewritten:
"§ 165‑54. Deposit required.
Each resident of any State veterans home shall pay to the Division
of Veterans AffairsDepartment of Military and Veterans Affairs the
cost of maintaining his or her residence at the home. This deposit shall be
placed in the North Carolina Veterans Home Trust Fund and shall be in an amount
and in the form prescribed by the Veterans Affairs Commission in consultation with
the Assistant Secretary for Veterans Affairs."
SECTION 2.(x) G.S. 165‑55 reads as rewritten:
"§ 165‑55. Report and budget.
(a) The Assistant Secretary for Veterans Affairs shall
report annually to the Secretary of the Department of Administration Military
and Veterans Affairs on the activities of the State Veterans Homes Program.
This report shall contain an accounting of all monies received and expended,
statistics on residents in the homes during the year, recommendations to the
Secretary, the Governor, and the General Assembly as to the program, and such
other matters as may be deemed pertinent.
(b) The Assistant Secretary for Veterans Affairs, with
the approval of the Veterans Affairs Commission, shall compile an annual budget
request for any State funding needed for the anticipated costs of the homes,
which shall be submitted to the Secretary of the Department of Administration.Military
and Veterans Affairs. State appropriated funds for operational needs shall
be made available only in the event that other sources are insufficient to
cover essential operating costs."
PART III. EFFECTIVE DATE
SECTION 3. This act becomes effective October 1, 2009.