Bill Text: NC H262 | 2011-2012 | Regular Session | Chaptered
Bill Title: References to Military Orgs./Make Uniform
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2011-06-20 - Ch. SL 2011-183 [H262 Detail]
Download: North_Carolina-2011-H262-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-183
HOUSE BILL 262
AN ACT to make references in the north carolina general statutes to federal and state military organizations proper and uniform, as directed by session law 2009‑281, as amended by session law 2010‑152, and to make conforming changes and other technical corrections to those sections, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1‑82 reads as rewritten:
"§ 1‑82. Venue in all other cases.
In all other cases the action must
be tried in the county in which the plaintiffs or the defendants, or any of
them, reside at its commencement, or if none of the defendants reside in the
State, then in the county in which the plaintiffs, or any of them, reside; and
if none of the parties reside in the State, then the action may be tried in any
county which the plaintiff designates in his the plaintiff's
summons and complaint, subject to the power of the court to change the place
of trial, in the cases provided by statute; provided that any person who has
resided on or been stationed in a United States army, navy, marine corps,
coast guard or air force Army, Navy, Marine Corps, Coast Guard, or Air
Force installation or reservation within this State for a period of one (1)
year or more next preceding the institution of an action shall be deemed a
resident of the county within which such installation or reservation, or part
thereof, is situated and of any county adjacent to such county where such
person stationed at such installation or reservation lives in such adjacent
county, for the purposes of this section. The term person shall include
military personnel and the spouses and dependents of such personnel."
SECTION 2. G.S. 7B‑101(14) reads as rewritten:
"(14) Juvenile. A person
who has not reached the person's eighteenth birthday and is not married,
emancipated, or a member of the armed forces Armed Forces of the
United States."
SECTION 3. G.S. 7B‑600(a) reads as rewritten:
"(a) In any case when
no parent appears in a hearing with the juvenile or when the court finds it
would be in the best interests of the juvenile, the court may appoint a
guardian of the person for the juvenile. The guardian shall operate under the
supervision of the court with or without bond and shall file only such reports
as the court shall require. The guardian shall have the care, custody, and
control of the juvenile or may arrange a suitable placement for the juvenile
and may represent the juvenile in legal actions before any court. The guardian
may consent to certain actions on the part of the juvenile in place of the
parent including (i) marriage, (ii) enlisting in the armed forces, Armed
Forces of the United States, and (iii) enrollment in school. The guardian
may also consent to any necessary remedial, psychological, medical, or surgical
treatment for the juvenile. The authority of the guardian shall continue until
the guardianship is terminated by court order, until the juvenile is
emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until
the juvenile reaches the age of majority."
SECTION 4. G.S. 7B‑1501(17) reads as rewritten:
"(17) Juvenile. Except as
provided in subdivisions (7) and (27) of this section, any person who has not
reached the person's eighteenth birthday and is not married, emancipated, or a
member of the armed forces Armed Forces of the United States.
Wherever the term "juvenile" is used with reference to rights and
privileges, that term encompasses the attorney for the juvenile as well."
SECTION 5. G.S. 7B‑2001 reads as rewritten:
"§ 7B‑2001. Appointment of guardian.
In any case when no parent, guardian, or custodian appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. Unless the court orders otherwise, the guardian:
(3) May consent to certain
actions on the part of the juvenile in place of the parent or custodian,
including (i) marriage, (ii) enlisting in the armed forces, Armed
Forces of the United States, and (iii) enrollment in school.
. "
SECTION 6. G.S. 7B‑3402 reads as rewritten:
"§ 7B‑3402. Exceptions.
This Article shall not apply to
any juvenile under the age of 18 who is married or who is serving in the armed
forces Armed Forces of the United States, or who has been
emancipated."
SECTION 7. G.S. 10B‑20(g) reads as rewritten:
"(g) Persons authorized
by federal law or regulation to perform notarial acts may perform the acts for
persons serving in or with the Armed Forces of the United States armed
forces, States, their spouses, and their dependents."
SECTION 8. G.S. 14‑34.3(b)(1) reads as rewritten:
"(b) This section does not apply to:
(1) Officers and enlisted
personnel of the armed forces Armed Forces of the United States
when in discharge of their official duties as such and acting under orders
requiring them to carry arms or weapons, civil officers of the United States
while in the discharge of their official duties, officers and soldiers of the
militia when called into actual service, officers of the State, or of any
county, city or town, charged with the execution of the laws of the State, when
acting in the discharge of their official duties;".
SECTION 9. G.S. 14‑269.7(b)(1) reads as rewritten:
"(b) This section does not apply:
(1) To officers and enlisted
personnel of the armed forces Armed Forces of the United States
when in discharge of their official duties or acting under orders requiring
them to carry handguns."
SECTION 10. G.S. 14‑288.1 reads as rewritten:
"§ 14‑288.1. Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this Article:
(1) "Chairman of the
board of county commissioners": The chairman of the board of county
commissioners or, in case of his the chairman's absence or
disability, the person authorized to act in his the chairman's stead.
Unless the governing body of the county has specified who is to act in lieu of
the chairman with respect to a particular power or duty set out in this
Article, the term "chairman of the board of county commissioners"
shall apply to the person generally authorized to act in lieu of the chairman.
(5) "Law‑enforcement
officer": Any officer of the State of North Carolina or any of its
political subdivisions authorized to make arrests; any other person authorized
under the laws of North Carolina to make arrests and either acting within his
that person's territorial jurisdiction or in an area in which he
that person has been lawfully called to duty by the Governor or any
mayor or chairman of the board of county commissioners; any member of the armed
forces Armed Forces of the United States, the North Carolina
National Guard, or the State defense militia North Carolina State
Defense Militia called to duty in a state of emergency in North Carolina
and made responsible for enforcing the laws of North Carolina or preserving the
public peace; or any officer of the United States authorized to make arrests
without warrant and assigned to duties that include preserving the public peace
in North Carolina.
(6) "Mayor": The
mayor or other chief executive official of a municipality or, in case of his
that person's absence or disability, the person authorized to act in his
that person's stead. Unless the governing body of the municipality has
specified who is to act in lieu of the mayor with respect to a particular power
or duty set out in this Article, the word "mayor" shall apply to the
person generally authorized to act in lieu of the mayor.
. "
SECTION 11. G.S. 14‑288.20(a)(4) reads as rewritten:
"(4) The term "law‑enforcement
officer" means any officer of the United States, any state, any political
subdivision of a state, or the District of Columbia charged with the execution
of the laws thereof; civil officers of the United States; officers and soldiers
of the organized militia and state guard of any state or territory of the
United States, the Commonwealth of Puerto Rico, or the District of Columbia;
and members of the armed forces Armed Forces of the United
States."
SECTION 12. G.S. 14‑401.6(a)(1) reads as rewritten:
"(1) By officers and
enlisted personnel of the armed forces Armed Forces of the United
States or this State while in the discharge of their official duties and acting
under orders requiring them to carry arms or weapons;".
SECTION 13. G.S. 14‑404(c)(6) reads as rewritten:
"(6) One who has been
discharged from the armed forces Armed Forces of the United States
under dishonorable conditions."
SECTION 14. G.S. 14‑415.4(e)(5) reads as rewritten:
"(5) The petitioner is or
has been dishonorably discharged from the armed forces. Armed Forces
of the United States."
SECTION 15. G.S. 14‑415.10(2a) reads as rewritten:
"(2a) Military permittee.
A person who holds a permit who is also a member of the armed forces Armed
Forces of the United States, the armed forces reserves reserve
components of the Armed Forces of the United States, the North Carolina
Army National Guard, or the North Carolina Air National Guard."
SECTION 16. G.S. 14‑415.12(b)(7) reads as rewritten:
"(7) Is or has been
discharged from the armed forces Armed Forces of the United States
under conditions other than honorable."
SECTION 17. G.S. 15A‑1340.11(7)c. reads as rewritten:
"c. In the courts of
the United States, another state, the armed services Armed Forces
of the United States, or another country, regardless of whether the offense
would be a crime if it occurred in North Carolina,".
SECTION 18. G.S. 15A‑1340.16(e)(14) reads as rewritten:
"(14) The defendant has
been honorably discharged from the United States armed services.Armed
Forces of the United States."
SECTION 19. G.S. 18B‑109(b) reads as rewritten:
"(b) Armed Forces Installation.
No person shall have malt beverages or unfortified wine shipped directly from
a point outside this State to an armed forces installation of the
Armed Forces of the United States within this State if those alcoholic
beverages are for resale on the installation."
SECTION 20. G.S. 18B‑203(a)(17) reads as rewritten:
"(17) Provide for the
distribution of spirituous liquor to armed forces installations of
the Armed Forces of the United States within this State for resale on the
installation;".
SECTION 21. G.S. 20‑7(f) reads as rewritten:
"(f) Duration and Renewal of Licenses. Drivers licenses shall be issued and renewed pursuant to the provisions of this subsection:
(3b) Renewal for certain members of the Armed Forces of the United States and reserve components of the Armed Forces of the United States.
a. The Division may renew a drivers license, without limitation on the period of time before the license expires, if the person applying for renewal is a member of the Armed Forces of the United States or of a reserve component of the Armed Forces of the United States and provides orders that place the member on active duty and duty station outside this State.
b. A person who is a member of a reserve component of the Armed Forces of the United States whose license bears an expiration date that occurred while the person was on active duty outside this State shall be considered to have a valid license until 60 days after the date of release from active duty upon showing proof of the release date, unless the license was rescinded, revoked, or otherwise invalidated under some other provision of law. Notwithstanding the provisions of this sub‑subdivision, no license shall be considered valid more than 18 months after the date of expiration.
(4) Renewal by mail. The Division may renew by mail a drivers license issued by the Division to a person who meets any of the following descriptions:
a. Is a member of the Armed Forces of the United States or a reserve component of the Armed Forces of the United States serving on active duty and is stationed outside this State.
b. Is a resident of this State and has been residing outside the State for at least 30 continuous days.
When renewing a license by mail, the Division may waive the examination that would otherwise be required for the renewal and may impose any conditions it finds advisable. A license renewed by mail is a temporary license that expires 60 days after the person to whom it is issued returns to this State.
. "
SECTION 22. G.S. 20‑37.13 reads as rewritten:
"§ 20‑37.13. Commercial drivers license qualification standards.
(a) No person shall be
issued a commercial drivers license unless he: the person:
(1) Is a resident of this State;
(2) Is 21 years of age;
(3) Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts F, G and H; and
(4) Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.
For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used.
The tests shall be prescribed and
conducted by the Division. Provided, a person who is at least 18 years of age
may be issued a commercial drivers license if he the person is
exempt from, or not subject to, the age requirements of the federal Motor
Carrier Safety Regulations contained in 49 C.F.R., Part 391, as adopted by the
Division.
(c) Prior to October 1, 1992, the Division may waive the skills test for applicants licensed at the time they apply for a commercial drivers license if:
(1) For an application submitted by April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years immediately preceding the date of application done any of the following and for an application submitted after April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years preceding April 1, 1992:
a. Had more than one drivers license, except during the 10‑day period beginning on the date he or she is issued a drivers license, or unless, prior to December 31, 1989, he or she was required to have more than one license by a State law enacted prior to June 1, 1986;
b. Had any drivers license or driving privilege suspended, revoked, or cancelled;
c. Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20‑17 or had any convictions for the offenses listed in G.S. 20‑17.4;
d. Been convicted of a violation of State or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; or
e. Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20‑16.2; and
(2) The applicant certifies, and provides satisfactory evidence, that he or she is regularly employed in a job requiring the operation of a commercial motor vehicle, and he or she either:
a. Has previously taken and successfully completed a skills test that was administered by a state with a classified licensing and testing system and the test was behind the wheel in a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
b. Has operated for the relevant two‑year period under subpart (1)a. of this subsection, a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed.
(c1) The Division may waive the skills test for applicants at the time they apply for a commercial drivers license if the applicant meets all of the following:
(3) The applicant certifies,
and provides satisfactory evidence on the date of application, that the
applicant is a member of an active or reserve component of a branch of the United
States Armed Forces the Armed Forces of the United States and is
regularly employed in a job requiring the operation of a commercial motor
vehicle, and the applicant either:
(d) A commercial drivers
license or learner's permit shall not be issued to a person while he the
person is subject to a disqualification from driving a commercial motor
vehicle, or while his the person's drivers license is suspended,
revoked, or cancelled in any state; nor shall a commercial drivers license be
issued unless the person who has applied for the license first surrenders all
other drivers licenses issued by the Division or by another state. If a person
surrenders a drivers license issued by another state, the Division must return
the license to the issuing state for cancellation.
. "
SECTION 23. G.S. 20‑79.4(b) reads as rewritten:
"(b) Types. The Division shall issue the following types of special registration plates:
(33) Cold War Veteran.
Issuable to a veteran of the armed services Armed Forces of the
United States who served during the Cold War era, September 2, 1945, through
December 26, 1991, and who was separated from the armed services Armed
Forces of the United States under honorable conditions. The plate shall
bear the words "Cold War Veteran" and an insignia representing the
Cold War era. The Division may not issue the plate authorized by this
subdivision unless it receives at least 300 applications for the plate.
(36) Combat Veteran. Issuable to a veteran of the Armed Forces of the United States who served in a combat zone, or in waters adjacent to a combat zone, during a period of war and who was separated from the Armed Forces of the United States under honorable conditions. The Division may not issue the plate authorized by this subdivision unless it receives at least 300 applications for the plate. A "period of war" is any of the following:
(87) Military Veteran.
Issuable to an individual who served honorably in the armed services Armed
Forces of the United States. The plate shall bear the words "U.S.
Military Veteran" and the name and insignia of the branch of service in
which the individual served. The Division may not issue the plate authorized by
this subdivision unless it receives at least 300 applications for the plate.
(88) Military Wartime Veteran.
Issuable to either a member or veteran of the armed services Armed
Forces of the United States who served during a period of war who received
a campaign or expeditionary ribbon or medal for their service. If the person is
a veteran of the armed services, Armed Forces of the United States, then
the veteran must be separated from the armed services Armed Forces of
the United States under honorable conditions. The plate shall bear a word
or phrase identifying the period of war and a replica of the campaign badge or
medal awarded for that war. The Division may not issue the plate authorized by
this subdivision unless it receives a total of 300 applications for all periods
of war, combined, to be represented on this plate. A "period of war"
is any of the following:
(113) Prisoner of War. Issuable to the following:
a. A member or veteran
member of the Armed Forces of the United States who has been captured and held
prisoner by forces hostile to the United States while serving in the Armed Forces.Forces
of the United States.
b. The surviving spouse of a person who had a prisoner of war plate at the time of death so long as the surviving spouse continues to renew the plate and does not remarry.
. "
SECTION 24. G.S. 20‑311(g) reads as rewritten:
"(g) Notwithstanding
the penalty and restoration fee provisions of this section, any monetary
penalty or restoration fee shall be waived for any person who, at the time of
notification of a lapse in coverage, was deployed as a member of the United
States Armed Forces of the United States outside of the continental
United States for a total of 45 or more days. In addition, no insurance points
under the Safe Driver Incentive Plan shall be assessed for any violation for
which a monetary penalty or restoration fee is waived pursuant to this
subsection. Any person qualifying under this subsection shall:
(1) Have an affirmative defense to any criminal charge based upon the failure to return any registration card or registration plate to the Division;
(2) Upon reregistration, receive without cost from the Division all necessary registration cards or plates; and
(3) Upon notice of revocation, be permitted to transfer the vehicle's registration immediately to his or her spouse, child, or spouse's child, notwithstanding the provisions of subsection (e) of this section."
SECTION 25. G.S. 28B‑1 reads as rewritten:
"§ 28B‑1. Absentee in military service; definition.
Any person serving in or with the armed
forces Armed Forces of the United States, in or with the Red Cross,
in or with the merchant marines, United States Merchant Marine,
during any time when a state of hostilities exists between the United States
and any other power, who has been reported or listed by the appropriate federal
agency as missing in action or as a prisoner of war for a period of one year,
shall be an "absentee in military service" within the meaning of this
Chapter."
SECTION 26. G.S. 28C‑20 reads as rewritten:
"§ 28C‑20. Provisions applicable to person held incommunicado in foreign country.
As to a person who is known to be
held incommunicado in a foreign country, G.S. 28C‑1 through 28C‑8
and G.S. 28C‑10 may be applied as though such the person
were an absentee within the meaning of this Chapter, and if his the
person's whereabouts becomes unknown, the other provisions of this Chapter
may be applied by such amendments to the pending proceeding as may be required.
This section shall not apply to personnel serving in or with the armed
forces, Armed Forces of the United States, the merchant marine, United
States Merchant Marine, or the Red Cross during a period of hostilities
between the United States and some other power who are listed by the
appropriate federal agency as prisoners of war or as missing in action."
SECTION 27. G.S. 31‑18.4 reads as rewritten:
"§
31‑18.4. Probate of wills of members of the armed forces Armed
Forces of the United States.
In addition to the methods already
provided in existing statutes therefor, a will executed by a person while in
the armed forces Armed Forces of the United States or the merchant
marine,United States Merchant Marine shall be admitted to probate
(whether there were subscribing witnesses thereto or not, if they, or either of
them, is out of the State at the time said the will is offered
for probate) upon the oath of at least three credible witnesses that the
signature to said the will is in the handwriting of the person
whose will it purports to be. Such will so proven shall be effective to devise
real property as well as to bequeath personal estate of all kinds. This section
shall not apply to cases pending in courts and at issue on the date of its
ratification."
SECTION 28. G.S. 35A‑1228 reads as rewritten:
"§ 35A‑1228. Guardians of children of servicemen; allotments and allowances.
In all cases where a person
serving in the armed forces Armed Forces of the United States has
made an allotment or allowance to a resident of this State who is his child or
other minor dependent as provided by the Wartime Allowances to Service Men's
Dependents Act or any other act of Congress, the clerk in the county of the
minor's residence may act as temporary guardian, or appoint some suitable
person to act as temporary guardian, of the person's minor dependent for
purposes of receiving and disbursing allotments and allowance funds for the
benefit of the minor dependent, when:
(1) The other parent of the child or other minor dependent, or other person designated in the allowance or allotment to receive and disburse such moneys for the benefit of the minor dependent, dies or becomes mentally incompetent; and
(2) The person serving in
the armed forces Armed Forces of the United States is reported as
missing in action or as a prisoner of war and is unable to designate another
person to receive and disburse the allotment or allowance to the minor
dependent."
SECTION 29.(a) G.S. 42‑45(a) reads as rewritten:
"(a) Any member of the United
States Armed Forces Armed Forces of the United States 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 Armed Forces of the United States, may terminate his
the member's 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."
SECTION 29.(b) G.S. 42‑45(a1) reads as rewritten:
"(a1) Any member of the United
States Armed Forces Armed Forces of the United States who is
deployed with a military unit for a period of not less than 90 days may
terminate his the member's rental agreement for a dwelling unit
by providing the landlord with a written notice of termination. 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.
Termination of a lease pursuant to this subsection is effective 30 days after
the first date on which the next rental payment is due or 45 days after the
landlord's receipt of the notice, whichever is shorter, and payable after the
date on which the notice of termination is delivered."
SECTION 30. G.S. 47‑2 reads as rewritten:
"§ 47‑2. Officials of the United States, foreign countries, and sister states.
The execution of all such
instruments and writings as are permitted or required by law to be registered
may be proved or acknowledged before any one of the following officials of the
United States, of the District of Columbia, of the several states and
territories of the United States, of countries under the dominion of the United
States and of foreign countries: Any judge of a court of record, any clerk of a
court of record, any notary public, any commissioner of deeds, any commissioner
of oaths, any mayor or chief magistrate of an incorporated town or city, any
ambassador, minister, consul, vice‑consul, consul general, vice‑consul
general, associate consul, or any other person authorized by federal law to
acknowledge documents as consular officers, or commercial agent of the United
States, any justice of the peace of any state or territory of the United
States, any officer of the army or air force of the United States
Army or Air Force or United States marine corps Marine Corps
having the rank of warrant officer or higher, any officer of the United States navy
Navy or coast guard Coast Guard having the rank of
warrant officer, or higher, or any officer of the United States merchant
marine Merchant Marine having the rank of warrant officer, or
higher. No official seal shall be required of said military, naval a
military or merchant marine official, officer, but he the
officer shall sign his the officer's name, designate his the
officer's rank, and give the name of his the officer's ship
or military organization and the date, and for the purpose of certifying said
the acknowledgment, he the officer shall use a form in
substance as follows:
On this the ____ day of ____,
____, before me ____, the undersigned officer, personally appeared ________,
known to me (or satisfactorily proven) to be accompanying or serving in or with
the armed forces Armed Forces of the United States (or to be the
spouse of a person accompanying or serving in or with the armed forces Armed
Forces of the United States) and to be the person whose name is subscribed
to the within instruments and acknowledged that ____ he the person
____ executed the same for the purposes therein contained. And the undersigned
does further certify that he the undersigned is at the date of
this certificate a commissioned officer of the rank stated below and is in the
active service of the armed forces Armed Forces of the United
States.
______________________________
Signature of Officer
________________________________________
Rank of Officer and command to which attached.
If the proof or acknowledgment of
the execution of an instrument is had before a justice of the peace of any
state of the United States other than this State or of any territory of the
United States, the certificate of such the justice of the peace
shall be accompanied by a certificate of the clerk of some court of record of
the county in which such the justice of the peace resides, which
certificate of the clerk shall be under his the clerk's hand and
official seal, to the effect that such the justice of the peace
was at the time the certificate of such justicethe justice bears
date an acting justice of the peace of such the county and state
or territory and that the genuine signature of such the justice
of the peace is set to such the certificate."
SECTION 31. G.S. 47‑2.1 reads as rewritten:
"§ 47‑2.1. Validation of instruments proved before officers of certain ranks.
Any instrument or writing, required
by law to be proved or acknowledged before an officer, which prior to the
ratification of this section was proved or acknowledged before an officer of
the United States army or United States marine corps Army or Marine Corps
having the rank of second lieutenant or higher, or any officer of the United
States navy Navy, or United States coast guard Coast
Guard, or United States merchant marine Merchant Marine, having
the rank of ensign or higher, is hereby validated and declared sufficient for
all purposes."
SECTION 32. G.S. 47‑81.2 reads as rewritten:
"§
47‑81.2. Before army, United States Army, etc., officers.
In all cases where instruments and
writings have been proved or acknowledged before any officer of the army of
the United States or United States marine corps Army or Marine
Corps having the rank of captain or higher, before any officer of the
United States navy or coast guard Navy or Coast Guard having the
rank of lieutenant, senior grade, or higher, or any officer of the United
States merchant marine Merchant Marine having the rank of
lieutenant, senior grade, or higher, such proofs or acknowledgments, where
valid in other respects, are hereby ratified, confirmed and declared valid."
SECTION 33. The title of Article 5 of Chapter 47 of the General Statutes reads as rewritten:
"Article 5.
Registration of Official
Discharges from the Military and Naval Armed Forces of the United
States."
SECTION 34. G.S. 47‑109 reads as rewritten:
"§ 47‑109. Book for record of discharges in office of register of deeds; specifications.
There shall be provided, and at
all times maintained, in the office of the register of deeds of each county in
North Carolina a special and permanent book, in which shall be recorded
official discharges from the army, navy, marine corps United States
Army, Navy, Marine Corps and other branches of the armed forces Armed
Forces of the United States. Said The book shall be securely
bound, and the pages of the same book shall be printed in the
form of discharge papers, with sufficient blank lines for the recording of such
dates as may be contained in the discharge papers offered for registration."
SECTION 35. G.S. 47‑110 reads as rewritten:
"§ 47‑110. Registration of official discharge or certificate of lost discharge.
Upon the presentation to the
register of deeds of any county of any official discharge, or official
certificate of lost discharge, from the army, navy, marine corps, United
States Army, Navy, Marine Corps, or any other branch of the armed forces
Armed Forces of the United States he the register of deeds
shall record the same without charge in the book provided for in G.S. 47‑109."
SECTION 36. G.S. 47‑111 reads as rewritten:
"§ 47‑111. Inquiry by register of deeds; oath of applicant.
If any register of deeds shall be
in doubt as to whether or not any paper so presented for registration is an
official discharge from the army, navy, or marine corps of the United States,
United States Army, Navy, Marine Corps, or any other branch of the Armed
Forces of the United States or an official certificate of lost discharge, he
the register of deeds shall have power to examine, under oath, the
person so presenting such discharge, or otherwise inquire into its validity;
and every register of deeds to whom a discharge or certificate of lost
discharge is presented for registration shall administer to the person offering
such discharge or certificate of lost discharge for registration the following
oath, to be recorded with and form a part of the registration of such discharge
or certificate of lost discharge:
'I, ______________, being duly sworn, depose and say that the foregoing discharge (or certificate of lost discharge) is the original discharge (or certificate of lost discharge) issued to me by the government of the United States; and that no alterations have been made therein by me, or by any person to my knowledge.
______________
Subscribed and sworn to before me this ____ day of ________, ____
______________'".
SECTION 37. G.S. 47‑113 reads as rewritten:
"§ 47‑113. Certified copy of registration.
Any person desiring a certified
copy of any such discharge, or certificate of lost discharge, registered under
the provisions of this Article shall apply for the same to the register of
deeds of the county in which such discharge or certificate of lost discharge is
registered. The register of deeds shall furnish certified copies of instruments
registered under this Article without charge to any member or former member of
the armed forces Armed Forces of the United States who applies
therefor."
SECTION 38. G.S. 47‑113.2(b)(3) reads as rewritten:
"(3) Military discharge
document. Any document that purports to represent a notice of separation from
or service in any armed forces the Armed Forces of the United
States or armed forces of any state, including, but not limited to,
Department of Defense Form 214 or 215, WD AGO 53, WD AGO 55, WD AGO 53‑55,
NAVMC 78‑PD, and NAVPERS 553, or any other letter relating to the
separation from the armed forces.553."
SECTION 39. G.S. 50‑18 reads as rewritten:
"§ 50‑18. Residence of military personnel; payment of defendant's travel expenses by plaintiff.
In any action instituted and
prosecuted under this Chapter, allegation and proof that the plaintiff or the
defendant has resided or been stationed at a United States army, navy,
marine corps, coast guard or air force Army, Navy, Marine Corps, Coast
Guard, or Air Force installation or reservation or any other location
pursuant to military duty within this State for a period of six months next
preceding the institution of the action shall constitute compliance with the
residence requirements set forth in this Chapter; provided that personal
service is had upon the defendant or service is accepted by the defendant,
within or without the State as by law provided.
Upon request of the defendant or attorney for the defendant, the court may order the plaintiff to pay necessary travel expenses from defendant's home to the site of the court in order that the defendant may appear in person to defend said action."
SECTION 40. G.S. 50B‑3.1(k) reads as rewritten:
"(k) Official Use
Exemption. This section shall not prohibit law enforcement officers and
members of any branch of the United States armed forces, Armed Forces
of the United States, not otherwise prohibited under federal law, from
possessing or using firearms for official use only."
SECTION 41. G.S. 53‑141 reads as rewritten:
"§ 53‑141. Powers.
Industrial banks shall have perpetual duration and succession in their corporate name unless a limited period of duration is stated in their certificate of incorporation. They shall have the powers conferred by subdivisions (1), (2), and (3) of subsection (a) of G.S. 55‑3‑02, and subdivision (3) of G.S. 53‑43, such additional powers as may be necessary or incidental for the carrying out of their corporate purposes, and in addition thereto the following powers:
(7) To transact any lawful
business in aid of the United States in time of war or engagement of the nation's
armed forces Armed Forces of the United States in hostile military
operations."
SECTION 42. G.S. 58‑33‑66(a) reads as rewritten:
"(a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days or longer, for good cause, without requiring an examination if the Commissioner deems that the temporary license is necessary for the servicing of an insurance business in any of the following cases:
(3) To the designee of a
licensed insurance producer entering active service in the armed forces of
the United States of America.Armed Forces of the United States.
(4) In any other circumstance where the Commissioner deems that the public interest will be served best by the issuance of this license."
SECTION 43. G.S. 58‑37‑1(4a) reads as rewritten:
"(4a) "Eligible risk," for the purpose of nonfleet private passenger motor vehicle insurance, means:
e. A nonresident of the State who is one of the following:
1. A member of the armed
forces Armed Forces of the United States stationed in this State, or
deployed outside this State from a home base in this State, who intends to
return to his or her home state;
2. The spouse of a
nonresident member of the armed forces Armed Forces of the United
States stationed in this State, or deployed outside this State from a home base
in this State, who intends to return to his or her home state;
3. An out‑of‑state student who intends to return to his or her home state upon completion of his or her time as a student enrolled in school in this State; or
. "
SECTION 44. G.S. 58‑58‑325 reads as rewritten:
"§ 58‑58‑325. Scope.
This Part applies only to the
solicitation or sale of any life insurance or annuity product by an insurer or
insurance producer to an active duty service member of the United States
armed forces. Armed Forces."
SECTION 45. G.S. 58‑58‑330(b) reads as rewritten:
"(b) Nothing in this
Part shall be construed to abrogate the ability of nonprofit organizations
(and/or other organizations) to educate members of the United States armed
forces Armed Forces in accordance with Department of Defense DoD "DoD
Instruction 1344.07 Personal Commercial Solicitation on DoD Installations
Installations" or successor directive."
SECTION 46. G.S. 58‑58‑335 reads as rewritten:
"§ 58‑58‑335. Definitions.
As used in this Part:
(1) "Active duty" means full‑time duty in the active military service of the United States and includes service by members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full‑time training. "Active duty" does not include service by members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.
(1a) 'Armed Forces' means all components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.
(11) "Service member"
means any active duty commissioned officer, any active duty warrant officer, or
any active duty enlisted member of the armed forces.Armed Forces.
(15) "United
States armed forces" or "armed forces" means all components of
the Army, Navy, Air Force, Marine Corps, and Coast Guard.
. "
SECTION 47. G.S. 58‑58‑340 reads as rewritten:
"§ 58‑58‑340. Practices declared false, misleading, deceptive, or unfair on a military installation.
(a) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in‑person, face‑to‑face solicitation of life insurance are declared to be false, misleading, deceptive, or unfair:
(8) Knowingly accepting an
application for life insurance or issuing a policy of life insurance on the
life of an enlisted member of the armed forces Armed Forces
without first obtaining for the insurer's files a completed copy of any
required form that confirms that the applicant has received counseling or
fulfilled any other similar requirement for the sale of life insurance established
by regulations, directives, or rules of the Department of Defense or any branch
of the armed forces.Armed Forces.
(b) The following acts or practices when committed on a military installation by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:
(1) Using Department of Defense personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members.
(2) Using an insurance
producer to participate in any armed forces Armed Forces sponsored
education or orientation program."
SECTION 48.(a) G.S. 58‑58‑345(a) reads as rewritten:
"(a) The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:
(1) Submitting, processing,
or assisting in the submission or processing of any allotment form or similar
device used by the United States armed forces Armed Forces to
direct a service member's pay to a third party for the purchase of life
insurance. The foregoing includes, but is not limited to, using or assisting in
using a service member's MyPay account or other similar Internet or electronic
medium for such purposes. This subdivision does not prohibit assisting a
service member by providing insurer or premium information necessary to
complete any allotment form.
. "
SECTION 48.(b) G.S. 58‑58‑345(b) reads as rewritten:
"(b) The following acts or practices by an insurer or insurance producer lead to confusion regarding source, sponsorship, approval, or affiliation and are declared to be false, misleading, deceptive, or unfair:
(1) Making any
representation, or using any device, title, descriptive name, or identifier
that has the tendency or capacity to confuse or mislead a service member into
believing that the insurer, insurance producer, or product offered is
affiliated, connected or associated with, endorsed, sponsored, sanctioned, or
recommended by the U.S. Government, the United States armed forces, Armed
Forces, or any state or federal agency or government entity. Examples of
prohibited insurance producer titles include, but are not limited to, "Battalion
Insurance Counselor," "Unit Insurance Advisor," "Servicemen's
Group Life Insurance Conversion Consultant," or "Veteran's Benefits
Counselor." Nothing in this subdivision prohibits a person from using a
professional designation awarded after the successful completion of a course of
instruction in the business of insurance by an accredited institution of higher
learning. Those designations include, but are not limited to, Chartered Life
Underwriter (CLU), Chartered Financial Consultant, (ChFC), Certified Financial
Planner (CFP), Master of Science in Financial Services (MSFS), or Masters of
Science Financial Planning (MS).
(2) Soliciting the purchase
of any life insurance product through the use of or in conjunction with any
third party organization that promotes the welfare of or assists members of the
United States armed forces Armed Forces in a manner that has the
tendency or capacity to confuse or mislead a service member into believing that
either the insurer, insurance producer, or insurance product is affiliated,
connected or associated with, endorsed, sponsored, sanctioned, or recommended
by the U.S. Government or the United States armed forces.Armed
Forces."
SECTION 48.(c) G.S. 58‑58‑345(d) reads as rewritten:
"(d) The following acts or practices by an insurer or insurance producer regarding SGLI or VGLI are declared to be false, misleading, deceptive, or unfair:
(3) Suggesting,
recommending, or encouraging a service member to cancel or terminate his or her
SGLI policy or issuing a life insurance policy that replaces an existing SGLI
policy unless the replacement shall take effect upon or after the service
member's separation from the armed forces.Armed Forces."
SECTION 49. G.S. 65‑43 reads as rewritten:
"§ 65‑43. Definitions.
For purposes of this Article, the following definitions shall apply, unless the context requires otherwise:
(1) "Honorable military service" means:
a. Service on active duty, other than for training, as a member of the Armed Forces of the United States, when the service was terminated under honorable conditions;
b. Service on active duty as a member of the Armed Forces of the United States at the time of death under honorable conditions;
c. Service on active duty
for training or full‑time service as a member of the Reserve a
reserve component of the Armed Forces of the United States, the Army
National Guard, the Air National Guard, or the Reserve Officer Training Corps
of the Army, Navy, or Air Force, at the time of death under honorable
conditions.
(2) A "legal resident" of a state means a person whose principal residence or abode is in that state, who uses that state to establish his or her right to vote and other rights in a state, and who intends to live in that state, to the exclusion of maintaining a legal residence in any other state.
(3) A "qualified veteran" means a veteran who meets the requirements of sub‑subdivisions a. and b. of this subdivision:
a. A veteran who served an honorable military service or who served a period of honorable nonregular service and is any of the following:
1. A veteran who is entitled to retired pay for nonregular service under 10 U.S.C. §§ 12731‑12741, as amended.
2. A veteran who would have been entitled to retired pay for nonregular service under 10 U.S.C. §§ 12731‑12741, as amended, but for the fact that the person was under 60 years of age.
3. A veteran who is eligible for interment in a national cemetery under 38 U.S.C. § 2402, as amended.
b. Who is a legal resident of North Carolina:
1. At the time of death, or
2. For a period of at least 10 years, or
3. At the time he or she entered the Armed Forces of the United States."
SECTION 50. G.S. 66‑58(c)(3b) reads as rewritten:
"(3b) The operation of a
military business center by a community college. For the purposes of this
subdivision, the term "military business center" means a facility
that serves to coordinate and facilitate interactions between the United
States Armed Forces; Armed Forces of the United States; military
personnel, veterans, and their families; and private businesses."
SECTION 51. G.S. 86A‑14(2) reads as rewritten:
"(2) Commissioned medical
or surgical officers of the U.S. United States Army or other
components of the U.S. armed forces, Armed Forces of the United
States, and those working under their supervision;".
SECTION 52. G.S. 86A‑17(c) reads as rewritten:
"(c) All persons
serving in the Armed Forces of the United States armed forces and
persons whose certificates of registration as a registered barber were in force
one year prior to entering service may, without taking the required
examination, renew their certificates within 90 days after receiving an
honorable discharge, by paying the current annual license fee and furnishing
the State Board of Barber Examiners with a satisfactory health certificate if
required by the Board."
SECTION 53. G.S. 89C‑25(6) reads as rewritten:
"(6) Practice by members
of the armed forces; Armed Forces of the United States; employees
of the government of the United States while engaged in the practice of
engineering or land surveying solely for the government on government‑owned
works and projects; or practice by those employees of the Natural Resources
Conservation Service, county employees, or employees of the Soil and Water Conservation
Districts who have federal engineering job approval authority that involves the
planning, designing, or implementation of best management practices on
agricultural lands."
SECTION 54. G.S. 90‑12.1A(a)(3) reads as rewritten:
"(3) Is authorized to
treat personnel enlisted military personnel serving in a branch
of the United States armed services Armed Forces of the United States
or veterans."
SECTION 55. G.S. 90‑12.4(3) reads as rewritten:
"(3) Is a member of the United
States armed services Armed Forces of the United States or is
employed by the Veterans' Administration or another federal agency."
SECTION 56. G.S. 90‑18.1(h) reads as rewritten:
"(h) A physician
assistant serving active duty in the United States military Armed
Forces of the United States is exempt from the requirements of subdivision
(g)(3) of this section."
SECTION 57. G.S. 90‑29(c)(2) reads as rewritten:
"(2) The practice of
dentistry, in the discharge of their official duties, by dentists in any branch
of the military service Armed Forces of the United States or in
the full‑time employ of any agency of the United States;".
SECTION 58. G.S. 90‑36(c)(2) reads as rewritten:
"(2) Has not been the
subject of final or pending disciplinary action in the military, Armed
Forces of the United States, in any state or territory in which the
applicant is or has ever been licensed to practice dentistry, or in any state
or territory in which the applicant has held any other professional license."
SECTION 59. G.S. 90‑37.1(a)(1) reads as rewritten:
"(1) Has an out‑of‑state
current or expired license, or an expired license in this State, or is
authorized to treat veterans of or personnel enlisted serving
in the United States armed services Armed Forces of the United States;
and".
SECTION 60. G.S. 90‑87(23)(a) reads as rewritten:
"a. A written order or
other order which is promptly reduced to writing for a controlled substance as
defined in this Article, or for a preparation, combination, or mixture thereof,
issued by a practitioner who is licensed in this State to administer or
prescribe drugs in the course of his professional practice; or issued by a
practitioner serving on active duty with the armed forces Armed
Forces of the United States or the United States Veterans Administration
who is licensed in this or another state or Puerto Rico, provided the order is
written for the benefit of eligible beneficiaries of armed services medical
care; a prescription does not include an order entered in a chart or other
medical record of a patient by a practitioner for the administration of a drug;
or".
SECTION 61. G.S. 90‑115.1(1) reads as rewritten:
"(1) The practice of
optometry, in the discharge of their official duties, by optometrists in any
branch of the military service of the United States Armed Forces of
the United States or in the full employ of any agency of the United States."
SECTION 62. G.S. 90‑187.10 reads as rewritten:
"§ 90‑187.10. Necessity for license; certain practices exempted.
No person shall engage in the
practice of veterinary medicine or own all or part interest in a veterinary
medical practice in this State or attempt to do so without having first applied
for and obtained a license for such purpose from the North Carolina Veterinary
Medical Board, or without having first obtained from said the
Board a certificate of renewal of license for the calendar year in which such
the person proposes to practice and until he the person
shall have been first licensed and registered for such practice in the manner
provided in this Article and the rules and regulations of the said Board.
Nothing in this Article shall be construed to prohibit:
(1) Any person or his
employee from administering to animals, the title to which is vested in himself,
the person or the person's employer, except when said the
title is so vested for the purpose of circumventing the provisions of this
Article;
(2) Any person who is a
regular student or instructor in a legally chartered college from the
performance of those duties and actions assigned as his the person's
responsibility in teaching or research;
(3) Any veterinarian not
licensed by the Board who is a member of the armed forces Armed
Forces of the United States or who is an employee of the United States
Department of Agriculture, the United States Public Health Service or other
federal agency, or the State of North Carolina, or political subdivision
thereof, from performing official duties while so commissioned or employed;
(7) Any physician licensed
to practice medicine in this State, or his the physician's assistant,
while engaged in medical research;
(9) Any veterinarian
licensed to practice in another state from examining livestock or acting as a
consultant in North Carolina, provided he the consulting veterinarian
is directly supervised by a veterinarian licensed by the Board who must, at or
prior to the first instance of consulting, notify the Board, in writing, that
he or she is supervising the consulting veterinarian, give the Board the
name, address, and licensure status of the consulting veterinarian, and also
verify to the Board that the supervising veterinarian assumes responsibility
for the professional acts of the consulting veterinarian; and provided further,
that the consultation by the veterinarian in North Carolina does not exceed 10 days
or parts thereof per year, and further that all infectious or contagious
diseases diagnosed are reported to the State Veterinarian within 48 hours; or
(10) Any person employed by the North Carolina Department of Agriculture and Consumer Services as a livestock inspector or by the U.S. Department of Agriculture as an animal health technician from performing regular duties assigned to him or her during the course and scope of that person's employment."
SECTION 63. G.S. 90‑210.25(a) reads as rewritten:
"(a) Qualifications, Examinations, Resident Traineeship and Licensure.
(4)
d. A certificate of
resident traineeship shall be signed by the resident trainee and upon payment
of the renewal fee shall be renewable one year after the date of original
registration; but the certificate may not be renewed more than two times. The
Board shall mail to each registered trainee at his last known address a notice
that the renewal fee is due and that, if not paid within 30 days of the notice,
the certificate will be canceled. A late fee, in addition to the renewal fee,
shall be charged for a late renewal, but the renewal of the registration of any
resident trainee who is engaged in the active service in the military
service Armed Forces of the United States at the time renewal is
due may, at the discretion of the Board, be held in abeyance for the duration
of that service without penalties. No credit shall be allowed for the 12‑month
period of resident traineeship that shall have been completed more than five
years preceding the examination for a license.
(5) The Board by regulation may recognize other examinations that the Board deems equivalent to its own.
b. The holder of any
license issued by the Board who shall fail to renew the same on or before
February 1 of the calendar year for which the license is to be renewed shall
have forfeited and surrendered the license as of that date. No license
forfeited or surrendered pursuant to the preceding sentence shall be reinstated
by the Board unless it is shown to the Board that the applicant has, throughout
the period of forfeiture, engaged full time in another state of the United
States or the District of Columbia in the practice to which his the
applicant's North Carolina license applies and has completed for each such
year continuing education substantially equivalent in the opinion of the Board
to that required of North Carolina licensees; or has completed in North
Carolina a total number of hours of accredited continuing education computed by
multiplying five times the number of years of forfeiture; or has passed the
North Carolina examination for the forfeited license. No additional resident
traineeship shall be required. The applicant shall be required to pay all
delinquent annual renewal fees and a reinstatement fee. The Board may waive the
provisions of this section for an applicant for a forfeiture which occurred
during his the applicant's service in the armed forces Armed
Forces of the United States provided he the applicant applies
within six months following severance therefrom.
. "
SECTION 64. G.S. 90‑210.101 reads as rewritten:
"§
90‑210.101. Member in armed forces of Armed Forces
failing to pay assessments; reinstatement.
If a member of a burial
association who is in the military or naval forces Armed Forces
of the United States fails to pay any assessment, he the member
shall be in bad standing, and unless and until restored, shall not be entitled
to benefits. However, the said member shall be reinstated in the burial
association upon application made by him the member at any time
until 12 months after his the member's discharge from the military
or naval forces Armed Forces of the United States, notwithstanding his
the member's physical condition and without the payment of
assessments which have become due during his the member's service
in the military or naval forces Armed Forces of the United
States. Benefits will be in force immediately after such reinstatement."
SECTION 65. G.S. 90‑224.1(c)(2) reads as rewritten:
"(2) Has no history of
disciplinary action or pending disciplinary action in the military Armed
Forces of the United States or in any state or territory in which the
applicant is or has ever been licensed."
SECTION 66. G.S. 90‑270.34(a)(3) reads as rewritten:
"(3) Practitioners of physical
therapy employed in the United States armed services, Armed Forces of
the United States, United States Public Health Service, Veterans
Administration or other federal agency, to the extent permitted under federal
law, so long as the practitioner limits services to those directly relating to
work with the employing government agency;".
SECTION 67. G.S. 90‑664(3) reads as rewritten:
"(3) A respiratory care
practitioner serving in the armed forces Armed Forces or the
Public Health Service of the United States or employed by the Veterans
Administration when performing duties associated with that service or
employment."
SECTION 68. G.S. 93B‑15 reads as rewritten:
"§
93B‑15. Payment of license fees by members of the armed forces; Armed
Forces; board waiver rules.
(a) An individual who is
serving in the armed forces Armed Forces of the United States and
to whom G.S. 105‑249.2 grants an extension of time to file a tax
return is granted an extension of time to pay any license fee charged by an
occupational licensing board as a condition of retaining a license granted by
the board. The extension is for the same period that would apply if the license
fee were a tax.
(b) Occupational licensing
boards shall adopt rules to postpone or waive continuing education, payment of
renewal and other fees, and any other requirements or conditions relating to
the maintenance of licensure by an individual who is currently licensed by and
in good standing with the board, is serving in the armed forces Armed
Forces of the United States, and to whom G.S. 105‑249.2 grants
an extension of time to file a tax return."
SECTION 69.(a) G.S. 96‑8(6)i. reads as rewritten:
"i. The term "employment"
includes service performed for any State and local governmental employing unit
or for any Indian tribe, except that employment does not include service
performed (a) as an elected official; (b) as a member of a legislative body or
a member of the judiciary, of a State or political subdivision thereof or of an
Indian tribe; (c) as a member of the State North Carolina National
Guard or Air National Guard; (d) as an employee serving on a temporary
basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
(e) in a policymaking or advisory position the performance of the duties of
which ordinarily does not require more than eight hours per week. The services
to which clause (d) of the preceding sentence applies include but are not
limited to temporary emergency services compensated solely by a fixed payment
for each emergency call answered whether or not provided for by prior agreement
and training in preparation for such temporary emergency service whether or not
compensated."
SECTION 69.(b) G.S. 96‑8(8b) reads as rewritten:
"(8b) "Severely
disabled veteran" means an honorably discharged veteran of the armed
forces Armed Forces of the United States who has received a
disability rating from the United States Department of Veterans Affairs that
meets the disability percentage requirements set forth in 38 CFR 4.16, as
amended, if the veteran (i) has a right to apply to the United States
Department of Veterans Affairs for compensation based on total disability or
individual unemployability, and (ii) has elected to work instead of assert the
right to receive compensation from the United States Department of Veterans
Affairs based on total disability or individual unemployability."
SECTION 69.(c) Effective July 1, 2011, G.S. 96‑8(10) reads as rewritten:
"(10) Total and partial unemployment.
a. For the purpose of establishing a benefit year, an individual shall be deemed to be unemployed:
1. If he the
individual has payroll attachment but, because of lack of work during the
payroll week for which he the individual is requesting the
establishment of a benefit year, he the individual worked less
than the equivalent of three customary scheduled full‑time days in the
establishment, plant, or industry in which hethe individual has
payroll attachment as a regular employee. If a benefit year is established, it
shall begin on the Sunday preceding the payroll week ending date.
2. If hethe
individual has no payroll attachment on the date hethe individual
reports to apply for unemployment insurance. If a benefit year is established,
it shall begin on the Sunday of the calendar week with respect to which the
claimant met the reporting requirements provided by Commission regulation.
b. For benefit weeks within an established benefit year, a claimant shall be deemed to be:
1. Totally unemployed,
irrespective of job attachment, if his the claimant's earnings
for such week, including payments defined in subparagraph c below, sub-subdivision
c. of this subdivision, would not reduce his the claimant's weekly
benefit amount as prescribed by G.S. 96‑12(c).
2. Partially unemployed, if
he the claimant has payroll attachment but because of lack of
work during the payroll week for which hethe claimant is
requesting benefits hethe claimant worked less than three
customary scheduled full‑time days in the establishment, plant, or
industry in which hethe claimant is employed and whose earnings
from such employment (including payments defined in subparagraph c below) sub-subdivision
c. of this subdivision) would qualify himthe claimant for a
reduced payment as prescribed by G.S. 96‑12(c).
3. Part‑totally
unemployed, if the claimant had no job attachment during all or part of such
week and whose earnings for odd jobs or subsidiary work (including payments
defined in subparagraph c below) sub-subdivision c. of this
subdivision) would qualify him the claimant for a reduced
payment as prescribed by G.S. 96‑12(c).
c. No individual shall be
considered unemployed if, with respect to the entire calendar week, he the
individual is receiving, has received, or will receive as a result of his
the individual's separation from employment, remuneration in the
form of (i) wages in lieu of notice, (ii) accrued vacation pay, (iii) terminal
leave pay, (iv) severance pay, (v) separation pay, or (vi) dismissal payments
or wages by whatever name. Provided, however, if such payment is applicable to less
than the entire week, the claimant may be considered to be unemployed as
defined in subsections a and b of this paragraph. sub-subdivisions a.
and b. of this subdivision. Sums received by any individual for services
performed as an elected official who holds an elective office, as defined in G.S. 128‑1.1(d),
or as a member of the N. C. North Carolina National Guard, as
defined in G.S. 127A‑3, or as a member of any reserve component of
the United States Armed Forces of the United States shall not be
considered in determining that individual's employment status under this
subsection. Provided further, however, that an individual shall be considered
to be unemployed as to receipt of severance pay for any week the individual is
registered at or attending any institution of higher education as defined in G.S. 96‑8(5)j.,
or secondary school as defined in G.S. 96‑8(5)q., or Commission
approved vocational, educational, or training programs as defined in G.S. 96‑13.
d. An individual's week of
unemployment shall be deemed to commence only after his the
individual's registration at an employment office, except as the Commission
may by regulation otherwise prescribe.
e. Repealed by Session Laws 2009‑506, s. 2, effective October 1, 2009, and applicable to claims filed on or after that date.
f. No substitute teacher or other substitute school personnel shall be considered unemployed for days or weeks when not called to work unless the individual is or was employed as a full‑time substitute during the period of time for which the individual is requesting benefits. For the purposes of this subsection, full‑time substitute is defined as a substitute employee who works more than 30 hours a week on a continual basis for a period of six months or more."
SECTION 70. G.S. 96‑9(c)(6) reads as rewritten:
"(6) If the Commission finds that an employer's business is closed solely because of the entrance of one or more of the owners, officers, partners, or the majority stockholder into the Armed Forces of the United States, or of any of its allies, or of the United Nations, such employer's experience rating account shall not be terminated; and, if the business is resumed within two years after the discharge or release from active duty in the Armed Forces of the United States of such person or persons, the employer's account shall be deemed to have been chargeable with benefits throughout more than 13 consecutive calendar months ending July 31 immediately preceding the computation date. This subdivision shall apply only to employers who are liable for contributions under the experience rating system of financing unemployment benefits. This subdivision shall not be construed to apply to employers who are liable for payments in lieu of contributions or to employers using the reimbursable method of financing benefit payments."
SECTION 71. G.S. 105‑113.81(c) reads as rewritten:
"(c) Sales to Armed Forces.
Forces of the United States. Wholesalers and importers of malt
beverages and wine are not required to remit excise taxes on malt beverages and
wine sold to the United States Armed Forces. Armed Forces of the
United States. The Secretary may require malt beverages and wine sold to
the Armed ForcesArmed Forces of the United States to be marked "For
Military Use Only" to facilitate identification of those beverages."
SECTION 72. G.S. 105‑158 reads as rewritten:
"§
105‑158. Taxation of certain armed forces Armed Forces
personnel and other individuals upon death.
An individual is not subject to the tax imposed by this Part for a taxable year if, under section 692 of the Code, the individual is not subject to federal income tax for that same taxable year."
SECTION 73. G.S. 105‑244.1 reads as rewritten:
"§ 105‑244.1. Cancellation of certain assessments.
The Secretary of Revenue is hereby
authorized, empowered and directed to cancel and abate all assessments made
after October 16, 1940, for or on account of any tax owing to the State of
North Carolina and which is payable to the Department of Revenue against any
person who was killed while a member of the armed forces Armed Forces
of the United States or who has a service connected disability as a result
of which the United States is paying him disability compensation. This
provision shall apply only to assessments made after October 16, 1940, for
taxes which were due prior to the time the taxpayer was inducted into the armed
forces. Armed Forces of the United States. If any such assessment is
or has been paid, the Secretary of Revenue may refund the amount paid but shall
not add thereto any interest."
SECTION 74. G.S. 108A‑55.3(b)(13) reads as rewritten:
"(13) A document from the
U.S. Department of Veterans Affairs, U.S. Military,U.S. Department of
Defense, or the U.S. Department of Homeland Security verifying the
applicant's intent to live in North Carolina permanently or for an indefinite
period of time or that the applicant is residing in North Carolina to seek
employment or with a job commitment."
SECTION 75. G.S. 110‑129(2) reads as rewritten:
"(2) "Dependent
child" means any person under the age of 18 who is not otherwise
emancipated, married or a member of the armed forces Armed Forces
of the United States, or any person over the age of 18 for whom a court orders
that support payments continue as provided in G.S. 50‑13.4(c)."
SECTION 76. G.S. 113‑130(4)e. reads as rewritten:
"e. Military Personnel
and Their Dependents. A member of the armed forces Armed Forces
of the United States stationed at a military facility in North Carolina, his
the member's spouse, and any dependent under 18 years of age
residing with him the member are deemed residents of the State,
of the county in which they live, and also, if different, of any county in
which the military facility is located."
SECTION 77. G.S. 115C‑254 reads as rewritten:
"§
115C‑254. Use of school buses by State defense militia or national
guard.North Carolina National Guard.
When requested to do so by the
Governor, the board of education of any local school administrative unit is
authorized and directed to furnish a sufficient number of school buses to the
North Carolina State Defense Militia or the North Carolina National
Guard for the purpose of transporting members of the State defense
militia or members of the North Carolina National Guard to and
from authorized places of encampment, or to and from places to which members of
the State defense militia or members of the North Carolina
National Guard are ordered to proceed for the purpose of suppressing riots or
insurrections, repelling invasions or dealing with any other emergency. Public school
buses so furnished by any local school administrative unit to the North
Carolina State Defense Militia State defense militia or the North
Carolina National Guard shall be operated by members or employees of the
State defense militia or North Carolina National Guard, and all
expense of such operation, including any repair or replacement of any bus
occasioned by such operation, shall be paid by the State from the
appropriations available for the use of the State defense militia or the
North Carolina National Guard."
SECTION 78. G.S. 115C‑302.1(g) reads as rewritten:
"(g) Service in Armed
Forces. The State Board of Education, in fixing the State standard salary
schedule of teachers as authorized by law, shall provide that teachers who
entered the armed Armed Forces or auxiliary forces of the United
States after September 16, 1940, and who left their positions for such service
shall be allowed experience increments for the period of such service as though
the same had not been interrupted thereby, in the event such persons return to
the position of teachers, principals, and superintendents in the public schools
of the State after having been honorably discharged from the armed Armed
Forces or auxiliary forces of the United States."
SECTION 79. G.S. 115D‑5.1(f1) reads as rewritten:
"(f1) Notwithstanding any
other provision of law, the State Board of Community Colleges may adopt
guidelines that allow the Customized Training Program to use funds appropriated
for that program to support training projects for the various branches of the United
States Armed Forces.Armed Forces of the United States."
SECTION 80. G.S. 115D‑39(a) reads as rewritten:
"(a) The State Board of Community Colleges shall fix and regulate all tuition and fees charged to students for applying to or attending any institution pursuant to this Chapter.
The receipts from all student tuition and fees, other than student activity fees, shall be State funds and shall be deposited as provided by regulations of the State Board of Community Colleges.
The legal resident limitation with
respect to tuition, set forth in G.S. 116‑143.1 and G.S. 116‑143.3,
shall apply to students attending institutions operating pursuant to this
Chapter; provided, however, that when an employer other than the armed
services, Armed Forces, as that term is defined in G.S. 116‑143.3,
pays tuition for an employee to attend an institution operating pursuant to
this Chapter and when the employee works at a North Carolina business location,
the employer shall be charged the in‑State tuition rate; provided
further, however, a community college may charge in‑State tuition to up
to one percent (1%) of its out‑of‑state students, rounded up to the
next whole number, to accommodate the families transferred by business, the
families transferred by industry, or the civilian families transferred by the military,
Armed Forces, consistent with the provisions of G.S. 116‑143.3,
into the State. Notwithstanding these requirements, a refugee who lawfully
entered the United States and who is living in this State shall be deemed to
qualify as a domiciliary of this State under G.S. 116‑143.1(a)(1)
and as a State resident for community college tuition purposes as defined in G.S. 116‑143.1(a)(2).
Also, a nonresident of the United States who has resided in North Carolina for
a 12‑month qualifying period and has filed an immigrant petition with the
United States Immigration and Naturalization Service shall be considered a
State resident for community college tuition purposes."
SECTION 81. G.S. 116‑15(e) reads as rewritten:
"(e) Post‑secondary
Degree Activity within the Military.Armed Forces of the United
States. To the extent that an institution undertakes post‑secondary
degree activity on the premises of military posts or reservations located in
this State for military personnel stationed on active duty there, or their
dependents, the institution shall be exempt from the licensure requirements of
this section."
SECTION 82. G.S. 116‑21.3(c) reads as rewritten:
"(c) Any member of the armed
services,Armed Forces, as defined in G.S. 116‑143.3(a),
abiding in this State incident to active military duty, who does not qualify as
a resident for tuition purposes, as defined under G.S. 116‑143.1, is
eligible for a legislative tuition grant pursuant to this section if the member
is enrolled as a full‑time undergraduate student or as a licensure
student. The member's legislative tuition grant shall not exceed the cost of
tuition less any tuition assistance paid by the member's employer."
SECTION 83. G.S. 116‑143.1(h) reads as rewritten:
"(h) No person shall
lose his or her resident status for tuition purposes solely by reason of
serving in the armed forces Armed Forces of the United States
outside this State."
SECTION 84. G.S. 116‑143.3 reads as rewritten:
"§
116‑143.3. Tuition of armed services Armed Forces
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" "Armed Forces" shall mean the United States
Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina
National Guard; and any Reserve Component reserve component of
the foregoing.
(3) Repealed by Session Laws 2007‑484, s. 15, effective August 30, 2007.
(b) Any active duty member
of the armed services Armed Forces 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 Armed Forces
is abiding in this State incident to active military duty in this State. In the
event the active duty member of the armed services Armed Forces
is reassigned outside of North 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.
In the event the active duty member of the armed services Armed
Forces receives an Honorable Discharge from military service, the member
shall continue to be eligible for the in‑State tuition rate and
applicable mandatory fees so long as the member establishes residency in North
Carolina within 30 days after the discharge and is continuously enrolled in the
degree or other program in which the member was enrolled at the time the member
is discharged.
(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 Armed Forces 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 Armed Forces is reassigned
outside of North 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 or retires. In the event the member of the armed
services Armed Forces receives an Honorable Discharge from military
service, the dependent relative shall continue to be eligible for the in‑State
tuition rate and applicable mandatory fees so long as the dependent relative
establishes residency within North Carolina within 30 days after the discharge
and is continuously enrolled in the degree or other program in which the
dependent relative was enrolled at the time the member is discharged.
(d) 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)."
SECTION 85. G.S. 116‑209.51 reads as rewritten:
"§ 116‑209.51. Purpose.
The General Assembly of North
Carolina, recognizing that the North Carolina National Guard is the only
organized, trained and equipped military force subject to the control of the State,
hereby establishes a program of tuition assistance for qualifying guard members
for the purpose of encouraging voluntary membership in the guard, North
Carolina National Guard, improving the educational level of its members,
and thereby benefiting the State as a whole."
SECTION 86.(a) G.S. 116‑209.54(a) reads as rewritten:
"(a) Active members of the North Carolina National Guard who are enrolled or who shall enroll in any business or trade school, private educational institution, or State educational institution shall be eligible to apply for this tuition assistance benefit: Provided, that the applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the end of the academic period for which tuition assistance is provided or that the applicant commit himself or herself to extended membership for at least two additional years from the end of that academic period."
SECTION 86.(b) G.S. 116‑209.54(c)(2)a. reads as rewritten:
"a. The applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the time of the application; or"
SECTION 87. G.S. 116‑209.55(c) reads as rewritten:
"(c) All tuition benefit disbursements shall be made to the business or trade school or State or private educational institution concerned, for credit to the tuition account of each recipient. Funds disbursed pursuant to subsection (g) of this section shall be made to the student loan creditor concerned to be applied against the outstanding student loans of each North Carolina National Guard member beneficiary."
SECTION 88. 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), or a student whose
parent is an active duty member of the armed services, Armed Forces,
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 applicants 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 qualified applicants 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 89. G.S. 120‑4.12(d) reads as rewritten:
"(d) Any member of the
Retirement System who has eight or more years of creditable service as a member
of the General Assembly may purchase prior service credit for service in the armed
forces Armed Forces of the United States at the same rates and
conditions as set forth in G.S. 120‑4.14 and G.S. 120‑4.16;
provided that credit is allowed only for the initial period of active duty in
the armed forcesArmed Forces of the United States up to the time
the member was first eligible to be separated or released therefrom, and
subsequent periods of such active duty as required by the armed forces Armed
Forces of the United States up to the date of first eligibility for
separation or release therefrom; and further provided that the member submits
satisfactory evidence of the service claimed and that service credit be allowed
only for the period of active service in the armed forces Armed
Forces of the United States not creditable in any other retirement system,
except the National Guard or any reserve component of the armed forces Armed
Forces of the United States."
SECTION 90. G.S. 126‑2(b)(3) reads as rewritten:
"(3) Two State employees
subject to the State Personnel Act serving in nonexempt positions, appointed by
the Governor, including one of whom is a veteran of the armed forces Armed
Forces of the United States appointed upon the nomination of the Veterans'
Affairs Commission. One employee shall serve in a State government position
having supervisory duties, and one employee shall serve in a nonsupervisory
position. Neither employee may be a human resources professional. The Governor
shall consider nominations submitted by the State Employees Association of
North Carolina. The initial members appointed under this subdivision shall
serve terms expiring June 30, 2001; the terms of subsequent appointees shall be
six years."
SECTION 91. G.S. 127B‑2 reads as rewritten:
"§ 127B‑2. Military property defined.
"Military property"
means property originally manufactured for the United States or State of North
Carolina which is a type and kind issued for use in, or furnished and intended
for, the military service Armed Forces of the United States or
the militia of the State of North Carolina."
SECTION 92. G.S. 127B‑11 reads as rewritten:
"§ 127B‑11. Private discrimination prohibited.
No person shall discriminate
against any officer, warrant officer or enlisted person of the military or
naval forces of the State or of the United States because of their
membership therein. No member of these military forces shall be prejudiced or
injured by any person, employer, officer or agent of any corporation, company
or firm with respect to their employment, position or status or denied or
disqualified for employment by virtue of their membership or service in the
military forces of this State or of the United States."
SECTION 93. G.S. 127B‑12 reads as rewritten:
"§ 127B‑12. Public discrimination prohibited.
No officer or employee of the
State, or of any county, city and county, municipal corporation, school
district, water district, or other district shall discriminate against any
officer, warrant officer or enlisted person of the military or naval forces
of the State or of the United States because of their membership therein. No
member of the military forces shall be prejudiced or injured by any officer or
employee of the State, or of any county, city and county, municipal
corporation, school district, water district, or other district with respect to
their employment, appointment, position or status or denied or disqualified for
or discharged from their employment or position by virtue of their membership
or service in the military forces of this State or of the United States."
SECTION 94. G.S. 127B‑13 reads as rewritten:
"§ 127B‑13. Refusing entrance prohibited.
No person shall prohibit or refuse
entrance to any officer, warrant officer or enlisted person of the military or
naval forces of this State or of the United States into any public place of
entertainment, of amusement, or accommodation because the officer or enlisted
person is wearing the uniform of the organization to which they belong or
because of their membership or service in the military forces of this State or
of the United States."
SECTION 95. G.S. 127B‑14 reads as rewritten:
"§ 127B‑14. Employer discrimination prohibited.
No employer or officer or agent of
any corporation, company, or firm, or other person shall discharge any person
from employment because of the performance of any emergency military duty by
reason of being an officer, warrant officer or enlisted person of the military or
naval forces of this State or the United States."
SECTION 96. G.S. 128‑15(c) reads as rewritten:
"§ 128‑15. Employment preference for veterans and their spouses or surviving spouses.
(c) Hereafter, in all
evaluations of applicants for positions with this State or any of its
departments, institutions or agencies, a preference shall be awarded to all
eligible veterans who are citizens of the State and who served the State or the
United States honorably in either the army, navy, marine corps, nurses'
corps, air corps, air force, coast guard, or any of the armed services the
military forces of this State or of the United States during a period of
war. This preference applies to initial employment with the State and extends
to other employment events including subsequent hirings, promotions, reassignments,
and horizontal transfers."
SECTION 97.(a) G.S. 128‑26(a) reads as rewritten:
"§ 128‑26. Allowance for service.
(a) Each person who becomes a member during the first year of his or her employer's participation, and who was an employee of the same employer at any time during the year immediately preceding the date of participation, shall file a detailed statement of all service rendered by him or her to that employer prior to the date of participation for which he or she claims credit.
A participating employer may allow prior service credit to any of its employees on account of: their earlier service to the aforesaid employer; or, their earlier service to any other employer as the term employer is defined in G.S. 128‑21(11); or, their earlier service to any state, territory, or other governmental subdivision of the United States other than this State.
A participating employer may allow
prior service credit to any of its employees on account of service, as defined
in G.S. 135‑1(23), to the State of North Carolina to the extent of
such service prior to the establishment of the Teachers' and State Employees'
Retirement System on July 1, 1941; provided that employees allowed such prior
service credit pay in a total lump sum an amount calculated on the basis of
compensation the employee earned when he the employee first
entered membership and the employee contribution rate at that time together
with interest thereon from year of first membership to year of payment shall be
one half of the calculated cost.
With respect to a member retiring
on or after July 1, 1967, the governing board of a participating unit may allow
credit for any period of military service in the armed forces Armed
Forces of the United States if the person returned to the service of his
the person's employer within two years after having been honorably
discharged, or becoming entitled to be discharged, released, or separated from
such armed services; the Armed Forces of the United States; provided
that, notwithstanding the above provisions, any member having credit for not
less than 10 years of otherwise creditable service may be allowed credit for
such military services which are not creditable in any other governmental
retirement system; provided further, that a member will receive credit for
military service under the provisions of this paragraph only if he the
member submits satisfactory evidence of the military service claimed and
the participating unit of which he the member is an employee
agrees to grant credit for such military service prior to January 1, 1972.
A member retiring on or after July
1, 1971, who is not granted credit for military service under the provisions of
the preceding paragraph will be allowed credit for any period in the armed
services Armed Forces of the United States up to the date he the
member was first eligible to be separated or released therefrom; provided
that he the member was an employee as defined in G.S. 128‑21(10)
at the time he the member entered military service, and either of
the following conditions is met:
(1) He The member
returns to service, with the employer by whom he the member was
employed when he the member entered military service, within a
period of two years after he the member is first eligible to be
separated or released from such military service under other than dishonorable
conditions.
(2) He The member
is in service, with the employer by whom he the member was
employed when he the member entered military service, for a
period of not less than 10 years after he the member is separated
or released from such armed services the Armed Forces of the United
States under other than dishonorable conditions."
SECTION 97.(b) G.S. 128‑26(j1)(1) reads as rewritten:
"(1) For members who
completed 10 years of membership service, and retired members who completed 10
years of membership service prior to retirement, and whose membership began on
or prior to January 1, 1988, and who make such purchase within three years
after first becoming eligible, the cost shall be an amount equal to the monthly
compensation the member earned when he the member first entered
membership service times the employee contribution rate at that time times the
months of service to be purchased with sufficient interest added thereto so as
to equal one‑half of the cost of allowing such service, plus an
administrative fee to be set by the Board of Trustees."
SECTION 98. G.S. 128‑39.1(a) reads as rewritten:
"(a) Any elective or
appointive State official may obtain leave of absence from the official's
duties when the official enters active duty in the armed forces Armed
Forces of the United States or the North Carolina National Guard as a
result of being voluntarily or involuntarily activated, drafted, or otherwise
called to duty. The official shall receive no salary during the period of
leave. No vacancy is created by a State official obtaining a leave of absence
under this section."
SECTION 99. G.S. 128‑42(a) reads as rewritten:
"(a) Any elective or
appointive county or municipal official may obtain leave of absence from the
official's duties when the official enters active duty in the armed forces Armed
Forces of the United States or the North Carolina National Guard as a
result of being voluntarily or involuntarily activated, drafted, or otherwise
called to duty. The official shall receive no salary during the period of
leave. No vacancy is created by a county or municipal official obtaining a
leave of absence under this section."
SECTION 100. G.S. 135‑1(10) reads as rewritten:
"(10) "Employee"
shall mean all full‑time employees, agents or officers of the State of
North Carolina or any of its departments, bureaus and institutions other than
educational, whether such employees are elected, appointed or employed:
Provided that the term "employee" shall not include any person who is
a member of the Consolidated Judicial Retirement System, any member of the
General Assembly or any part‑time or temporary employee. Notwithstanding
any other provision of law, "employee" shall include all employees of
the General Assembly except participants in the Legislative Intern Program,
pages, and beneficiaries in receipt of a monthly retirement allowance under
this Chapter who are reemployed on a temporary basis. "Employee" also
includes any participant whose employment is interrupted by reason of service
in the Uniformed Services, as that term is defined in section 4303(16) of the
Uniformed Services Employment and Reemployment Rights Act, Public Law 103‑353,
if that participant was an employee at the time of the interruption; if the
participant does not return immediately after that service to employment with a
covered employer in this System, then the participant shall be deemed "in
service" until the date on which the participant was first eligible to be
separated or released from his or her involuntary military service. In all
cases of doubt, the Board of Trustees shall determine whether any person is an
employee as defined in this Chapter. "Employee" shall also mean every
full‑time civilian employee of the Army National Guard and Air National
Guard of this State North Carolina National Guard who is employed
pursuant to section 709 of Title 32 of the United States Code and paid from
federal appropriated funds, but held by the federal authorities not to be a
federal employee: Provided, however, that the authority or agency paying the
salaries of such employees shall deduct or cause to be deducted from each
employee's salary the employee's contribution in accordance with applicable
provisions of G.S. 135‑8 and remit the same, either directly or
indirectly, to the Retirement System; coverage of employees described in this
sentence shall commence upon the first day of the calendar year or fiscal year,
whichever is earlier, next following the date of execution of an agreement
between the Secretary of Defense of the United States and the Adjutant General
of the State acting for the Governor in behalf of the State, but no credit
shall be allowed pursuant to this sentence for any service previously rendered
in the above‑described capacity as a civilian employee of the North
Carolina National Guard: Provided, further, that the Adjutant General, in his
the Adjutant General's discretion, may terminate the Retirement
System coverage of the above‑described North Carolina National
Guard employees if a federal retirement system is established for such
employees and the Adjutant General elects to secure coverage of such employees
under such federal retirement system. Any full‑time civilian employee of
the North Carolina National Guard described above who is now or
hereafter may become a member of the Retirement System may secure Retirement
System credit for such service as a North Carolina National Guard
civilian employee for the period preceding the time when such employees became
eligible for Retirement System coverage by paying to the Retirement System an
amount equal to that which would have constituted employee contributions if he
the employee had been a member during the years of ineligibility,
plus interest. Employees of State agencies, departments, institutions, boards,
and commissions who are employed in permanent job positions on a recurring
basis and who work 30 or more hours per week for nine or more months per
calendar year are covered by the provisions of this subdivision. On and after
August 1, 2001, a person who is a nonimmigrant alien and who otherwise meets
the requirements of this subdivision shall not be excluded from the definition
of "employee" solely because the person holds a temporary or time‑limited
visa."
SECTION 101. G.S. 135‑4(f) reads as rewritten:
"(f) Armed Service Credit.
(1) Teachers and other State
employees who entered the armed services Armed Forces of the
United States on or after September 16, 1940, and prior to February 17, 1941,
and who returned to the service of the State within a period of two years after
they were first eligible to be separated or released from such armed
services the Armed Forces of the United States under other than
dishonorable conditions shall be entitled to full credit for all prior service.
(2) Teachers and other State
employees who entered the armed services Armed Forces of the
United States on or after September 16, 1940, and who returned to the service
of the State prior to October 1, 1952, or who devote not less than 10 years of
service to the State after they are separated or released from such armed
services the Armed Forces of the United States under other than
dishonorable conditions, shall be entitled to full credit for all prior
service, and, in addition they shall receive membership service credit for the
period of service in such armed services the Armed Forces of the
United States up to the date they were first eligible to be separated or
released therefrom, occurring after the date of establishment of the Retirement
System.
(3) Teachers and other State
employees who enter the armed services Armed Forces of the United
States on or after July 1, 1950, or who engage in active military service on or
after July 1, 1950, and who return to the service of the State within a period
of two years after they are first eligible to be separated or released from
such active military service under other than dishonorable conditions shall be
entitled to full membership service credit for the period of such active
service in the armed services.Armed Forces of the United States.
(4) Under such rules as the
Board of Trustees shall adopt, credit will be provided by the Retirement System
with respect to each such teacher or other State employee in the amounts that
he or she would have been paid during such service in such armed
services the Armed Forces of the United States on the basis of his or
her earnable compensation when such service commenced. Such contributions
shall be credited to the individual account of the member in the annuity
savings fund, in such manner as the Board of Trustees shall determine, but any
such contributions so credited and any regular interest thereon shall be
available to the member only in the form of an annuity, or benefit in lieu
thereof, upon his the member's retirement on a service,
disability or special retirement allowance; and in the event of cessation of
membership or death prior thereto, any such contributions so credited and
regular interest thereon shall not be payable to him the member or
on his the member's account, but shall be transferred from the
annuity savings fund to the pension accumulation fund. If any payments were
made by a member on account of such service as provided by subdivision (5) of
subsection (b) of G.S. 135‑8, the Board of Trustees shall refund to
or reimburse such member for such payments.
(5) The provisions of this subsection shall also apply to members of the North Carolina National Guard with respect to teachers and State employees who are called into federal service or who are called into State service, to the extent that such persons fail to receive compensation for performance of the duties of their employment other than for service in the North Carolina National Guard.
(6) Repealed by Session Laws 1981, c. 636, s. 1. For proviso as to inchoate or accrued rights, see Editor's Note below.
(7) Notwithstanding any other provision of this Chapter, any member and any retired member as herein described may purchase creditable service in the Armed Forces of the United States, not otherwise allowed, by paying a total lump sum payment determined as follows:
a. For members who
completed 10 years of membership service, and retired members who completed 10
years of membership service prior to retirement, whose membership began on or
prior to July 1, 1981, and who make this purchase within three years after
first becoming eligible, the cost shall be an amount equal to the monthly
compensation the member earned when he the member first entered
membership service times the employee contribution rate at that time times the
months of service to be purchased, with sufficient interest added thereto so as
to equal one‑half of the cost of allowing this service, plus an
administrative fee to be set by the Board of Trustees.
. "
SECTION 102. G.S. 135‑45.1(17) reads as rewritten:
"(17) National Guard
members. Members of the North Carolina Army and Air National Guard who
are not eligible for any type of comprehensive group health insurance or other
comprehensive group health benefit coverage and who have been without any form
of group health insurance or other comprehensive group health benefit coverage
for at least six months. Members of the North Carolina Army and Air National
Guard include those who are actively serving in the North Carolina
National Guard as well as former members of the North Carolina National
Guard who have completed 20 or more years of service in the North Carolina
National Guard but have not attained the minimum age to begin receipt of a
uniformed service military retirement benefit. Comprehensive group health
insurance and other benefit coverage consists of inpatient and outpatient
hospital and medical benefits, as well as other outpatient medical services,
prescription drugs, medical supplies, and equipment that are generally
available in the health insurance market. Comprehensive group health insurance
and other benefit coverage includes Medicare benefits, Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) benefits, and other
Uniformed Services benefits. North Carolina National Guard units shall certify
the eligibility of their members to the Plan for their participation in its
benefits prior to enrollment."
SECTION 103. G.S. 135‑45.12(d)(2) reads as rewritten:
"(2) In the event of
approved leave of absence without pay, other than for active duty in the armed
forces Armed Forces of the United States, coverage under this Plan
for an employee and his or her dependents may be continued during the period of
such leave of absence by the employee's paying one hundred percent (100%) of
the cost."
SECTION 104. G.S. 143‑166.2(e) reads as rewritten:
"(e) The term "spouse"
shall mean the wife or husband of the deceased officer, fireman, rescue squad
worker or senior Civil Air Patrol member who survives him and who was residing
with such officer, fireman, rescue squad worker, or senior Civil Air Patrol
member at the time of and during the six months next preceding the date of
injury to such officer, fireman, rescue squad worker or senior Civil Air Patrol
member which resulted in his death and who also resided with such officer,
fireman, rescue squad worker or senior Civil Air Patrol member from that date
of injury up to and at the time of his death and who remains unmarried during
the time benefits are forthcoming; provided, however, the part of this section
requiring the spouse to have been residing with the deceased officer, fireman,
rescue squad worker or senior Civil Air Patrol member for six months next
preceding the date of the injury which resulted in his death shall not apply where
marriage occurred during this six‑month period or where the officer,
fireman, rescue squad worker or senior Civil Air Patrol member was absent
during this six‑month period due to service in the armed forces of
this country.Armed Forces of the United States."
SECTION 105. G.S. 143B‑515(14) reads as rewritten:
"(14) Juvenile. Except as
provided in subdivisions (7) and (22) of this section, any person who has not
reached the person's eighteenth birthday and is not married, emancipated, or a
member of the armed forces Armed Forces of the United States.
Wherever the term "juvenile" is used with reference to rights and
privileges, that term encompasses the attorney for the juvenile as well."
SECTION 106. G.S. 145‑32 reads as rewritten:
"§ 145‑32. Honor and Remember Flag.
The Honor and Remember Flag
created by Honor and Remember, Inc., is adopted as a symbol to honor and
recognize members of the United States Armed Forces of the United
States who have died in the line of duty."
SECTION 107. G.S. 147‑33.2 reads as rewritten:
"§ 147‑33.2. Emergency war powers of the Governor.
Upon his the Governor's
own initiative, or on the request or recommendation of the President of the
United States, the army, navy United States Army, Navy, or any
other branch of the armed forces Armed Forces of the United
States, the federal Director of Civilian Defense, or any other federal officer,
department or agency having duties and responsibilities related to the
prosecution of the war or the health, welfare, safety and protection of the
civilian population, whenever in his the Governor's judgment any
such action is in the public interest and is necessary for the protection of
the lives or property of the people of the State, or for the defense and
security of the State or nation, or for the proper conduct of the war and the
successful prosecution thereof, the Governor may, with the approval of the
Council of State, at any time and from time to time during the existing state
of war:
(6) Authorize any department
or agency of the State to lease or lend to the army, navy United
States Army, Navy, or any other branch of the armed forces Armed
Forces of the United States, any real or personal property of the State
upon such terms and conditions as he the Governor may impose, or,
on behalf of the State, to make a contract directly therefor.
(7) Authorize the temporary
transfer of personnel of the State for employment by the army, navy United
States Army, Navy, or any other branch of the armed forces Armed
Forces of the United States and fix the terms and conditions of such
transfers.
(8) At any time when the
General Assembly is not in session, suspend, or modify, in whole or in part,
generally or in its application to certain classes of persons, firms,
corporations or circumstances, any law, rule or regulation with reference to
the subjects hereinafter enumerated, when he the Governor shall
find and proclaim after such study, investigation or hearings as he the
Governor may direct, make or conduct, that the operation, enforcement or
application of such law, or any part thereof, materially hinders, impedes,
delays or interferes with the proper conduct of the war; said subjects being as
follows:
d. Whenever it should be certified by the Adjutant General of the State that emergency conditions require such procedure, the Governor, with the approval of the Council of State, shall have the power to call up and mobilize the State militia; to provide transportation and facilities for mobilization and full utilization of the State militia, in such emergency; and to allocate from the Contingency and Emergency Fund such amounts as may be necessary for such purposes during the period of such emergency;
(13) Hold and conduct
hearings, administer oaths and take testimony, issue subpoenas to compel the
attendance of witnesses and the production of relevant books, papers, records
or documents, in connection with any investigation made by him the
Governor under the authority of this Article."
SECTION 108. G.S. 157‑53(f) reads as rewritten:
"(f) "Persons
engaged in national defense activities," as used in this Article shall
include: enlisted personnel in the armed services Armed Forces of
the United States and employees of the Defense Department assigned to duty at armed
forces reservations, posts or bases; bases of the Armed Forces of
the United States; and workers engaged or to be engaged in industries
connected with and essential to the National Defense Program; and shall include
the families of the aforesaid persons who are living with them."
SECTION 109. G.S. 161‑10.1 reads as rewritten:
"§
161‑10.1. Exemption of armed forces 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."
SECTION 110. G.S. 163‑27.1(3) reads as rewritten:
"(3) An armed conflict
involving United States armed forces, Armed Forces of the United
States, or mobilization of those forces, including State North
Carolina National Guard and reserve components of the Armed Forces of
the United States."
SECTION 111. G.S. 163‑82.21 reads as rewritten:
"§ 163‑82.21. Voter registration at military recruitment offices.
The Executive Director, jointly
with the Department of Defense, shall develop and implement procedures for
persons to apply to register to vote at recruitment offices of the armed
forces Armed Forces of the United States in compliance with section
7(c) of the National Voter Registration Act."
SECTION 112. G.S. 165‑3(4)b. reads as rewritten:
"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 Armed Forces of the United
States."
SECTION 113. G.S. 165‑13 reads as rewritten:
"§ 165‑13. Definition.
As used in this Article, "veteran"
means 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 Armed
Forces of the United States."
SECTION 114. G.S. 165‑17 reads as rewritten:
"§ 165‑17. Definition.
As used in this Article, "veteran"
means 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 Armed
Forces of the United States."
SECTION 115. 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 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"
"Armed Forces" means the army, navy, marine corps, air
force and coast guard, United States 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 Armed Forces
during which eligibility is established under G.S. 165‑22.
(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 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 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.
(7) "Veteran"
means a person who served as a member of the armed forces of the United
States Armed Forces in active federal service during a period of war
and who was separated from the armed forces Armed Forces under
conditions other than dishonorable. A person who was separated from the armed
forces 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 116. G.S. 165‑22 reads as rewritten:
"§ 165‑22. Classes or categories of eligibility under which scholarships may be awarded.
A child, as defined in this
Article, who falls within the provisions of any eligibility class described
below shall, upon proper application be considered for a scholarship, subject
to the provisions and limitations set forth for the class under which he the
child is considered:
(1) Class I‑A: Under this class a scholarship shall be awarded to any child whose veteran parent
a. Was killed in action or
died from wounds or other causes not due to his the parent's own
willful misconduct while a member of the armed forces during a period of war,
or
b. Has died of service‑connected
injuries, wounds, illness or other causes incurred or aggravated during wartime
service in the armed forces, Armed Forces, as rated by the United
States Department of Veterans Affairs.
(3) Class II: Under this class a scholarship may be awarded to not more than 100 children yearly, each of whose veteran parent, at the time the benefits pursuant to this Article are sought to be availed of:
a. Is or was at the time of
his the parent's death receiving compensation for a wartime
service‑connected disability of twenty percent (20%) or more, but less
than one hundred percent (100%), as rated by the United States Department of
Veterans Affairs, or
b. Was awarded a Purple Heart for wounds received as a result of an act of any opposing armed force, as a result of an international terrorist attack, or as a result of military operations while serving as part of a peacekeeping force.
(5) Class IV: Under this
class a scholarship as defined in G.S. 165‑21 shall be awarded to
any child whose parent, while serving honorably as a member of the armed
forces of the United States Armed Forces in active federal service
during a period of war, as defined in G.S. 165‑20(4), was listed by
the United States government as (i) missing in action, (ii) captured in line of
duty by a hostile force, or (iii) forcibly detained or interned in line of duty
by a foreign government or power."
SECTION 117. G.S. 165‑24 reads as rewritten:
"§ 165‑24. Finding and declaration of necessity.
It is hereby declared that
conditions resulting from the concentration in various cities and towns of the
State having a population of more than one hundred thousand inhabitants of
persons serving in the armed forces Armed Forces of the United States
in connection with the present war, or who after having served in the armed
services Armed Forces of the United States during the present war,
or previously have been honorably discharged, require the construction, maintenance
and operation of adequate recreation facilities for the use of such persons;
that it is in the public interest that adequate recreation facilities be
provided in such concentrated centers; and the necessity, in the public
interest, for the provisions hereinafter enacted is hereby declared as a matter
of legislative determination."
SECTION 118. G.S. 165‑25(10) reads as rewritten:
"(10) "Veteran"
shall include every person who has enlisted or who has been inducted, warranted
or commissioned, and who served honorably in active duty in the military or
naval service of the United States at any time, and who is honorably
separated or discharged from such service, or who, at the time of making use of
the facilities, is still in active service, or has been retired, or who has
been furloughed to a reserve. This definition shall be liberally construed,
with a view completely to effectuate the purpose and intent of this Article."
SECTION 119. G.S. 165‑39 reads as rewritten:
"§ 165‑39. Validity of acts of agent performed after death of principal.
No agency created by a power of
attorney in writing given by a principal who is at the time of execution, or
who, after executing such power of attorney, becomes, either (i) a member of
the armed forces Armed Forces of the United States, or (ii) a
person serving as a merchant seaman outside the limits of the United States,
included within the several states and the District of Columbia; or (iii) a
person outside said limits by permission, assignment or direction of any department
or official of the United States government, in connection with any activity
pertaining to or connected with the prosecution of any war in which the United
States is then engaged, shall be revoked or terminated by the death of the
principal, as to the agent or other person who, without actual knowledge or
actual notice of the death of the principal, shall have acted or shall act, in
good faith, under or in reliance upon such power of attorney or agency, and any
action so taken, unless otherwise invalid or unenforceable, shall be binding on
the heirs, devisees, legatees, or personal representatives of the principal."
SECTION 120. G.S. 165‑43 reads as rewritten:
"§
165‑43. Protecting status of State employees in armed forces, Armed
Forces, etc.
Any employee of the State of North
Carolina, who has been granted a leave of absence for service in either (i) the
armed forces Armed Forces of the United States; or (ii) the
merchant marine of the United States; United States Merchant Marine;
or (iii) outside the continental United States with the Red Cross, shall, upon
return to State employment, if reemployed in the same position and if within
the time limits set forth in the leave of absence, receive an annual salary of
at least (i) the annual salary the employee was receiving at the time such
leave was granted; plus (ii) an amount obtained by multiplying the step
increment applicable to the employee's classification as provided in the
classification and salary plan for State employees by the number of years of
such service, counting a fraction of a year as a year; provided that no such
employee shall receive a salary in excess of the top of the salary range
applicable to the classification to which such employee is assigned upon
return."
SECTION 121. G.S. 165‑44 reads as rewritten:
"§ 165‑44. Korean and Vietnam veterans; benefits and privileges.
(a) All benefits and privileges now granted by the laws of this State to veterans of World War I and World War II and their dependents and next of kin are hereby extended and granted to veterans of the Korean Conflict and their dependents and next of kin.
For the purposes of this section,
the term "veterans of the Korean Conflict" means those persons
serving in the armed forces Armed Forces of the United States during
the period beginning on June 27, 1950, and ending on January 31, 1955.
(b) All benefits and privileges now granted by the laws of this State to veterans of World War I, World War II, the Korean Conflict, and their dependents and next of kin are hereby extended and granted to veterans of the Vietnam era and their dependents and next of kin.
For purposes of this section, the
term "veterans of the Vietnam era" means those persons serving in the
armed forces Armed Forces of the United States during the period
beginning August 5, 1964, and ending on such date as shall be prescribed by
Presidential proclamation or concurrent resolution of the Congress."
SECTION 122. G.S. 165‑44.01(d)(1) reads as rewritten:
"(1) Military service
medal. Any medal, badge, ribbon, or other decoration awarded by the active or
reserve components of the armed forces Armed Forces of the United
States, the North Carolina Air National Guard, or the North Carolina Army
National Guard States or the North Carolina National Guard to members
of those forces."
SECTION 123. The title of Article 7A of Chapter 165 of the General Statutes reads as rewritten:
"Article 7A.
Priority in Employment
Assistance for United States Armed Forces Veterans.Veterans of the
Armed Forces of the United States."
SECTION 124. G.S. 165‑44.2 reads as rewritten:
"§ 165‑44.2. Veteran defined.
For the purposes of this Article, "veteran"
means a person who served on active duty (other than for training) in any
component of the United States Armed Forces of the United States
for a period of 180 days or more, unless released earlier because of service‑connected
disability, and who was discharged or released from the armed forces Armed
Forces of the United States under honorable conditions."
SECTION 125. G.S. 165‑51 reads as rewritten:
"§ 165‑51. Program staff.
The Division 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 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 may hire any
required additional administrative staff to help with administrative and
operational responsibilities at each established State Veterans Home. veterans
home."
SECTION 126. G.S. 165‑53(a) reads as rewritten:
"(a) To be eligible for admission to a State veterans home, an applicant shall meet the following requirements:
(1) The veteran shall have
served in the active armed forces Armed Forces of the United
States for other than training purposes;
(2) The veteran shall have
been discharged from the armed forces Armed Forces of the United
States under honorable conditions;
(3) The veteran shall be disabled by age, disease, or other reason as determined through a physical examination by a State veterans home physician; and
(4) The veteran shall have resided in the State of North Carolina for two years immediately prior to the date of application."
SECTION 127.(a) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "Armed Forces of the United States" for the following terms, wherever these terms appear in the General Statutes, when referring to the Armed Forces of the United States:
(1) "armed forces."
(2) "Armed Forces."
(3) "armed forces of the United States."
(4) "armed services of the United States."
(5) "United States armed services."
(6) "United States armed forces."
(7) "United States Armed Forces."
(8) "U.S. armed forces."
(9) "U.S. Armed Forces."
SECTION 127.(b) The Revisor of Statutes is authorized to insert, consistent with this act, the words "United States" before references to the "army," "navy," "marine corps," "coast guard," and "air force," wherever these terms appear in the General Statutes, when referring to a branch or branches of the Armed Forces of the United States, and to capitalize those terms.
SECTION 127.(c) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "North Carolina National Guard" for the terms "National Guard," "national guard," and "guard," wherever these terms appear in the General Statutes, when referring to the North Carolina National Guard.
SECTION 128. Except as provided in subsection (c) of Section 69 of this act, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:19 a.m. this 20th day of June, 2011
