Bill Text: NC S253 | 2011-2012 | Regular Session | Amended
Bill Title: References to Military Orgs./Make Uniform
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-09 - Ref To Com On Judiciary I [S253 Detail]
Download: North_Carolina-2011-S253-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 253*
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Short Title: References to Military Orgs./Make Uniform. |
(Public) |
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Sponsors: |
Senator Hartsell. |
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Referred to: |
Judiciary I. |
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March 9, 2011
A BILL TO BE ENTITLED
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:
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(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:
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(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.
