GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-183
HOUSE BILL 262
AN ACT to make references in the north carolina general statutes to federal and state military organizations proper and uniform, as directed by session law 2009-281, as amended by session law 2010-152, and to make conforming changes and other technical corrections to those sections, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1-82 reads as rewritten:
"§ 1-82. Venue in all other cases.
In all other cases the action must be tried in the county in
which the plaintiffs or the defendants, or any of them, reside at its
commencement, or if none of the defendants reside in the State, then in the county
in which the plaintiffs, or any of them, reside; and if none of the parties
reside in the State, then the action may be tried in any county which the
plaintiff designates in his the plaintiff's summons
and complaint, subject to the power of the court to change the place of
trial, in the cases provided by statute; provided that any person who has
resided on or been stationed in a United States army, navy, marine corps,
coast guard or air force Army, Navy, Marine Corps, Coast Guard, or
Air Force installation or reservation within this State for a period of one
(1) year or more next preceding the institution of an action shall be deemed a
resident of the county within which such installation or reservation, or part
thereof, is situated and of any county adjacent to such county where such
person stationed at such installation or reservation lives in such adjacent
county, for the purposes of this section. The term person shall include
military personnel and the spouses and dependents of such personnel."
SECTION 2. G.S. 7B-101(14) reads as rewritten:
"(14) Juvenile. - A person who has not
reached the person's eighteenth birthday and is not married, emancipated, or a
member of the armed forces Armed Forces of the United
States."
SECTION 3. G.S. 7B-600(a) reads as rewritten:
"(a) In any case
when no parent appears in a hearing with the juvenile or when the court finds
it would be in the best interests of the juvenile, the court may appoint a
guardian of the person for the juvenile. The guardian shall operate under the
supervision of the court with or without bond and shall file only such reports
as the court shall require. The guardian shall have the care, custody, and
control of the juvenile or may arrange a suitable placement for the juvenile
and may represent the juvenile in legal actions before any court. The guardian
may consent to certain actions on the part of the juvenile in place of the
parent including (i) marriage, (ii) enlisting in the armed forces, Armed
Forces of the United States, and (iii) enrollment in school. The guardian
may also consent to any necessary remedial, psychological, medical, or surgical
treatment for the juvenile. The authority of the guardian shall continue until
the guardianship is terminated by court order, until the juvenile is
emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until
the juvenile reaches the age of majority."
SECTION 4. G.S. 7B-1501(17) reads as rewritten:
"(17) Juvenile. - Except as provided in
subdivisions (7) and (27) of this section, any person who has not reached the
person's eighteenth birthday and is not married, emancipated, or a member of
the armed forces Armed Forces of the United States.
Wherever the term "juvenile" is used with reference to rights and
privileges, that term encompasses the attorney for the juvenile as well."
SECTION 5. G.S. 7B-2001 reads as rewritten:
"§ 7B-2001. Appointment of guardian.
In any case when no parent, guardian, or custodian appears in a hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, the court may appoint a guardian of the person for the juvenile. The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require. Unless the court orders otherwise, the guardian:
…
(3) May consent to
certain actions on the part of the juvenile in place of the parent or
custodian, including (i) marriage, (ii) enlisting in the armed forces, Armed
Forces of the United States, and (iii) enrollment in school.
.…"
SECTION 6. G.S. 7B-3402 reads as rewritten:
"§ 7B-3402. Exceptions.
This Article shall not apply to any juvenile under the age of
18 who is married or who is serving in the armed forces Armed
Forces of the United States, or who has been emancipated."
SECTION 7. G.S. 10B-20(g) reads as rewritten:
"(g) Persons
authorized by federal law or regulation to perform notarial acts may perform
the acts for persons serving in or with the Armed Forces of the United States
armed forces, States, their spouses, and their dependents."
SECTION 8. G.S. 14-34.3(b)(1) reads as rewritten:
"(b) This section does not apply to:
(1) Officers and
enlisted personnel of the armed forces Armed Forces of the
United States when in discharge of their official duties as such and acting
under orders requiring them to carry arms or weapons, civil officers of the
United States while in the discharge of their official duties, officers and
soldiers of the militia when called into actual service, officers of the State,
or of any county, city or town, charged with the execution of the laws of the
State, when acting in the discharge of their official duties;".
SECTION 9. G.S. 14-269.7(b)(1) reads as rewritten:
"(b) This section does not apply:
(1) To officers and
enlisted personnel of the armed forces Armed Forces of the
United States when in discharge of their official duties or acting under orders
requiring them to carry handguns."
SECTION 10. G.S. 14-288.1 reads as rewritten:
"§ 14-288.1. Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this Article:
(1) "Chairman
of the board of county commissioners": The chairman of the board of county
commissioners or, in case of his the chairman's absence or
disability, the person authorized to act in his the chairman's
stead. Unless the governing body of the county has specified who is to act in
lieu of the chairman with respect to a particular power or duty set out in this
Article, the term "chairman of the board of county commissioners"
shall apply to the person generally authorized to act in lieu of the chairman.
…
(5) "Law-enforcement
officer": Any officer of the State of North Carolina or any of its
political subdivisions authorized to make arrests; any other person authorized
under the laws of North Carolina to make arrests and either acting within his
that person's territorial jurisdiction or in an area in which he
that person has been lawfully called to duty by the Governor
or any mayor or chairman of the board of county commissioners; any member of
the armed forces Armed Forces of the United States, the
North Carolina National Guard, or the State defense militia North
Carolina State Defense Militia called to duty in a state of emergency in
North Carolina and made responsible for enforcing the laws of North Carolina or
preserving the public peace; or any officer of the United States authorized to
make arrests without warrant and assigned to duties that include preserving the
public peace in North Carolina.
(6)
"Mayor": The mayor or other chief executive official of a
municipality or, in case of his that person's absence or
disability, the person authorized to act in his that person's
stead. Unless the governing body of the municipality has specified who is to
act in lieu of the mayor with respect to a particular power or duty set out in
this Article, the word "mayor" shall apply to the person generally
authorized to act in lieu of the mayor.
.…"
SECTION 11. G.S. 14-288.20(a)(4) reads as rewritten:
"(4) The term "law-enforcement
officer" means any officer of the United States, any state, any political
subdivision of a state, or the District of Columbia charged with the execution
of the laws thereof; civil officers of the United States; officers and soldiers
of the organized militia and state guard of any state or territory of the
United States, the Commonwealth of Puerto Rico, or the District of Columbia;
and members of the armed forces Armed Forces of the United
States."
SECTION 12. G.S. 14-401.6(a)(1) reads as rewritten:
"(1) By officers and
enlisted personnel of the armed forces Armed Forces of the United
States or this State while in the discharge of their official duties and acting
under orders requiring them to carry arms or weapons;".
SECTION 13. G.S. 14-404(c)(6) reads as rewritten:
"(6) One who has been
discharged from the armed forces Armed Forces of the United States
under dishonorable conditions."
SECTION 14. G.S. 14-415.4(e)(5) reads as rewritten:
"(5) The petitioner is or
has been dishonorably discharged from the armed forces. Armed Forces
of the United States."
SECTION 15. G.S. 14-415.10(2a) reads as rewritten:
"(2a) Military permittee. - A
person who holds a permit who is also a member of the armed forces Armed
Forces of the United States, the armed forces reserves reserve
components of the Armed Forces of the United States, the North Carolina
Army National Guard, or the North Carolina Air National Guard."
SECTION 16. G.S. 14-415.12(b)(7) reads as rewritten:
"(7) Is or has been
discharged from the armed forces Armed Forces of the United States
under conditions other than honorable."
SECTION 17. G.S. 15A-1340.11(7)c. reads as rewritten:
"c. In the
courts of the United States, another state, the armed services Armed
Forces of the United States, or another country, regardless of whether the
offense would be a crime if it occurred in North Carolina,".
SECTION 18. G.S. 15A-1340.16(e)(14) reads as rewritten:
"(14) The defendant has been honorably
discharged from the United States armed services.Armed Forces of the
United States."
SECTION 19. G.S. 18B-109(b) reads as rewritten:
"(b) Armed Forces
Installation. - No person shall have malt beverages or unfortified wine shipped
directly from a point outside this State to an armed forces installation
of the Armed Forces of the United States within this State if those
alcoholic beverages are for resale on the installation."
SECTION 20. G.S. 18B-203(a)(17) reads as rewritten:
"(17) Provide for the distribution of
spirituous liquor to armed forces installations of the Armed Forces
of the United States within this State for resale on the
installation;".
SECTION 21. G.S. 20-7(f) reads as rewritten:
"(f) Duration and Renewal of Licenses. - Drivers licenses shall be issued and renewed pursuant to the provisions of this subsection:
…
(3b) Renewal for certain members of the Armed Forces of the United States and reserve components of the Armed Forces of the United States.
a. The Division may renew a drivers license, without limitation on the period of time before the license expires, if the person applying for renewal is a member of the Armed Forces of the United States or of a reserve component of the Armed Forces of the United States and provides orders that place the member on active duty and duty station outside this State.
b. A person who is a member of a reserve component of the Armed Forces of the United States whose license bears an expiration date that occurred while the person was on active duty outside this State shall be considered to have a valid license until 60 days after the date of release from active duty upon showing proof of the release date, unless the license was rescinded, revoked, or otherwise invalidated under some other provision of law. Notwithstanding the provisions of this sub-subdivision, no license shall be considered valid more than 18 months after the date of expiration.
(4) Renewal by mail. - The Division may renew by mail a drivers license issued by the Division to a person who meets any of the following descriptions:
a. Is a member of the Armed Forces of the United States or a reserve component of the Armed Forces of the United States serving on active duty and is stationed outside this State.
b. Is a resident of this State and has been residing outside the State for at least 30 continuous days.
When renewing a license by mail, the Division may waive the examination that would otherwise be required for the renewal and may impose any conditions it finds advisable. A license renewed by mail is a temporary license that expires 60 days after the person to whom it is issued returns to this State.
.…"
SECTION 22. G.S. 20-37.13 reads as rewritten:
"§ 20-37.13. Commercial drivers license qualification standards.
(a) No person shall
be issued a commercial drivers license unless he: the person:
(1) Is a resident of this State;
(2) Is 21 years of age;
(3) Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts F, G and H; and
(4) Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.
For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used.
The tests shall be prescribed and conducted by the Division.
Provided, a person who is at least 18 years of age may be issued a commercial
drivers license if he the person is exempt from, or not subject
to, the age requirements of the federal Motor Carrier Safety Regulations
contained in 49 C.F.R., Part 391, as adopted by the Division.
…
(c) Prior to October 1, 1992, the Division may waive the skills test for applicants licensed at the time they apply for a commercial drivers license if:
(1) For an application submitted by April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years immediately preceding the date of application done any of the following and for an application submitted after April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years preceding April 1, 1992:
a. Had more than one drivers license, except during the 10-day period beginning on the date he or she is issued a drivers license, or unless, prior to December 31, 1989, he or she was required to have more than one license by a State law enacted prior to June 1, 1986;
b. Had any drivers license or driving privilege suspended, revoked, or cancelled;
c. Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20-17 or had any convictions for the offenses listed in G.S. 20-17.4;
d. Been convicted of a violation of State or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; or
e. Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2; and
(2) The applicant certifies, and provides satisfactory evidence, that he or she is regularly employed in a job requiring the operation of a commercial motor vehicle, and he or she either:
a. Has previously taken and successfully completed a skills test that was administered by a state with a classified licensing and testing system and the test was behind the wheel in a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
b. Has operated for the relevant two-year period under subpart (1)a. of this subsection, a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed.
(c1) The Division may waive the skills test for applicants at the time they apply for a commercial drivers license if the applicant meets all of the following:
…
(3) The applicant
certifies, and provides satisfactory evidence on the date of application, that
the applicant is a member of an active or reserve component of a branch of
the United States Armed Forces the Armed Forces of the United States
and is regularly employed in a job requiring the operation of a commercial
motor vehicle, and the applicant either:
…
(d) A commercial
drivers license or learner's permit shall not be issued to a person while he
the person is subject to a disqualification from driving a
commercial motor vehicle, or while his the person's drivers
license is suspended, revoked, or cancelled in any state; nor shall a
commercial drivers license be issued unless the person who has applied for the
license first surrenders all other drivers licenses issued by the Division or
by another state. If a person surrenders a drivers license issued by another
state, the Division must return the license to the issuing state for
cancellation.
.…"
SECTION 23. G.S. 20-79.4(b) reads as rewritten:
"(b) Types. - The Division shall issue the following types of special registration plates:
…
(33) Cold War Veteran. -
Issuable to a veteran of the armed services Armed Forces of
the United States who served during the Cold War era, September 2, 1945,
through December 26, 1991, and who was separated from the armed services Armed
Forces of the United States under honorable conditions. The plate shall
bear the words "Cold War Veteran" and an insignia representing the
Cold War era. The Division may not issue the plate authorized by this
subdivision unless it receives at least 300 applications for the plate.
…
(36) Combat Veteran. - Issuable to a veteran of the Armed Forces of the United States who served in a combat zone, or in waters adjacent to a combat zone, during a period of war and who was separated from the Armed Forces of the United States under honorable conditions. The Division may not issue the plate authorized by this subdivision unless it receives at least 300 applications for the plate. A "period of war" is any of the following:
…
(87) Military Veteran. -
Issuable to an individual who served honorably in the armed services Armed
Forces of the United States. The plate shall bear the words "U.S.
Military Veteran" and the name and insignia of the branch of service in
which the individual served. The Division may not issue the plate authorized by
this subdivision unless it receives at least 300 applications for the plate.
(88) Military Wartime Veteran. -
Issuable to either a member or veteran of the armed services Armed
Forces of the United States who served during a period of war who received
a campaign or expeditionary ribbon or medal for their service. If the person is
a veteran of the armed services, Armed Forces of the United States, then
the veteran must be separated from the armed services Armed Forces of
the United States under honorable conditions. The plate shall bear a word
or phrase identifying the period of war and a replica of the campaign badge or
medal awarded for that war. The Division may not issue the plate authorized by
this subdivision unless it receives a total of 300 applications for all periods
of war, combined, to be represented on this plate. A "period of war"
is any of the following:
…
(113) Prisoner of War. - Issuable to the following:
a. A member or
veteran member of the Armed Forces of the United States who has been captured
and held prisoner by forces hostile to the United States while serving in the
Armed Forces.Forces of the United States.
b. The surviving spouse of a person who had a prisoner of war plate at the time of death so long as the surviving spouse continues to renew the plate and does not remarry.
.…"
SECTION 24. G.S. 20-311(g) reads as rewritten:
"(g) Notwithstanding
the penalty and restoration fee provisions of this section, any monetary
penalty or restoration fee shall be waived for any person who, at the time of
notification of a lapse in coverage, was deployed as a member of the United
States Armed Forces of the United States outside of the continental
United States for a total of 45 or more days. In addition, no insurance points
under the Safe Driver Incentive Plan shall be assessed for any violation for
which a monetary penalty or restoration fee is waived pursuant to this
subsection. Any person qualifying under this subsection shall:
(1) Have an affirmative defense to any criminal charge based upon the failure to return any registration card or registration plate to the Division;
(2) Upon reregistration, receive without cost from the Division all necessary registration cards or plates; and
(3) Upon notice of revocation, be permitted to transfer the vehicle's registration immediately to his or her spouse, child, or spouse's child, notwithstanding the provisions of subsection (e) of this section."
SECTION 25. G.S. 28B-1 reads as rewritten:
"§ 28B-1. Absentee in military service; definition.
Any person serving in or with the armed forces Armed
Forces of the United States, in or with the Red Cross, in or with the merchant
marines, United States Merchant Marine, during any time when a
state of hostilities exists between the United States and any other power, who
has been reported or listed by the appropriate federal agency as missing in
action or as a prisoner of war for a period of one year, shall be an
"absentee in military service" within the meaning of this
Chapter."
SECTION 26. G.S. 28C-20 reads as rewritten:
"§ 28C-20. Provisions applicable to person held incommunicado in foreign country.
As to a person who is known to be held incommunicado in a
foreign country, G.S. 28C-1 through 28C-8 and G.S. 28C-10 may
be applied as though such the person were an absentee within the
meaning of this Chapter, and if his the person's whereabouts
becomes unknown, the other provisions of this Chapter may be applied by such
amendments to the pending proceeding as may be required. This section shall not
apply to personnel serving in or with the armed forces, Armed Forces
of the United States, the merchant marine, United States Merchant
Marine, or the Red Cross during a period of hostilities between the United
States and some other power who are listed by the appropriate federal agency as
prisoners of war or as missing in action."
SECTION 27. G.S. 31-18.4 reads as rewritten:
"§ 31-18.4.
Probate of wills of members of the armed forces Armed Forces of the
United States.
In addition to the methods already provided in existing
statutes therefor, a will executed by a person while in the armed forces Armed
Forces of the United States or the merchant marine,United States
Merchant Marine shall be admitted to probate (whether there were
subscribing witnesses thereto or not, if they, or either of them, is out of the
State at the time said the will is offered for probate) upon the
oath of at least three credible witnesses that the signature to said the
will is in the handwriting of the person whose will it purports to be. Such
will so proven shall be effective to devise real property as well as to
bequeath personal estate of all kinds. This section shall not apply to cases
pending in courts and at issue on the date of its ratification."
SECTION 28. G.S. 35A-1228 reads as rewritten:
"§ 35A-1228. Guardians of children of servicemen; allotments and allowances.
In all cases where a person serving in the armed forces Armed
Forces of the United States has made an allotment or allowance to a
resident of this State who is his child or other minor dependent as provided by
the Wartime Allowances to Service Men's Dependents Act or any other act of
Congress, the clerk in the county of the minor's residence may act as temporary
guardian, or appoint some suitable person to act as temporary guardian, of the
person's minor dependent for purposes of receiving and disbursing allotments
and allowance funds for the benefit of the minor dependent, when:
(1) The other parent of the child or other minor dependent, or other person designated in the allowance or allotment to receive and disburse such moneys for the benefit of the minor dependent, dies or becomes mentally incompetent; and
(2) The person
serving in the armed forces Armed Forces of the United States is
reported as missing in action or as a prisoner of war and is unable to
designate another person to receive and disburse the allotment or allowance to
the minor dependent."
SECTION 29.(a) G.S. 42-45(a) reads as rewritten:
"(a) Any member of
the United States Armed Forces Armed Forces of the United States
who (i) is required to move pursuant to permanent change of station orders to
depart 50 miles or more from the location of the dwelling unit, or (ii) is
prematurely or involuntarily discharged or released from active duty with the
United States Armed Forces Armed Forces of the United States, may
terminate his the member's rental agreement for a dwelling
unit by providing the landlord with a written notice of termination to be
effective on a date stated in the notice that is at least 30 days after the
landlord's receipt of the notice. The notice to the landlord must be
accompanied by either a copy of the official military orders or a written
verification signed by the member's commanding officer."
SECTION 29.(b) G.S. 42-45(a1) reads as rewritten:
"(a1) Any member of the United
States Armed Forces Armed Forces of the United States who is
deployed with a military unit for a period of not less than 90 days may
terminate his the member's rental agreement for a dwelling unit
by providing the landlord with a written notice of termination. The notice to
the landlord must be accompanied by either a copy of the official military
orders or a written verification signed by the member's commanding officer.
Termination of a lease pursuant to this subsection is effective 30 days after
the first date on which the next rental payment is due or 45 days after the
landlord's receipt of the notice, whichever is shorter, and payable after the
date on which the notice of termination is delivered."
SECTION 30. G.S. 47-2 reads as rewritten:
"§ 47-2. Officials of the United States, foreign countries, and sister states.
The execution of all such instruments and writings as are
permitted or required by law to be registered may be proved or acknowledged
before any one of the following officials of the United States, of the District
of Columbia, of the several states and territories of the United States, of
countries under the dominion of the United States and of foreign countries: Any
judge of a court of record, any clerk of a court of record, any notary public,
any commissioner of deeds, any commissioner of oaths, any mayor or chief
magistrate of an incorporated town or city, any ambassador, minister, consul,
vice-consul, consul general, vice-consul general, associate consul, or any
other person authorized by federal law to acknowledge documents as consular
officers, or commercial agent of the United States, any justice of the peace of
any state or territory of the United States, any officer of the army or air
force of the United States Army or Air Force or United States marine
corps Marine Corps having the rank of warrant officer or
higher, any officer of the United States navy Navy or coast
guard Coast Guard having the rank of warrant officer, or higher, or
any officer of the United States merchant marine Merchant Marine
having the rank of warrant officer, or higher. No official seal shall be
required of said military, naval a military or merchant marine official,
officer, but he the officer shall sign his the
officer's name, designate his the officer's rank, and give
the name of his the officer's ship or military organization and
the date, and for the purpose of certifying said the acknowledgment,
he the officer shall use a form in substance as follows:
On this the ____ day of ____, ____, before me ____, the undersigned
officer, personally appeared ________, known to me (or satisfactorily proven)
to be accompanying or serving in or with the armed forces Armed
Forces of the United States (or to be the spouse of a person accompanying
or serving in or with the armed forces Armed Forces of the
United States) and to be the person whose name is subscribed to the within
instruments and acknowledged that ____ he the person ____
executed the same for the purposes therein contained. And the undersigned does
further certify that he the undersigned is at the date of this
certificate a commissioned officer of the rank stated below and is in the
active service of the armed forces Armed Forces of the United
States.
______________________________
Signature of Officer
________________________________________
Rank of Officer and command to which attached.
If the proof or acknowledgment of the execution of an
instrument is had before a justice of the peace of any state of the United
States other than this State or of any territory of the United States, the
certificate of such the justice of the peace shall be accompanied
by a certificate of the clerk of some court of record of the county in which such
the justice of the peace resides, which certificate of the clerk
shall be under his the clerk's hand and official seal, to the
effect that such the justice of the peace was at the time the
certificate of such justicethe justice bears date an acting
justice of the peace of such the county and state or territory
and that the genuine signature of such the justice of the peace
is set to such the certificate."
SECTION 31. G.S. 47-2.1 reads as rewritten:
"§ 47-2.1. Validation of instruments proved before officers of certain ranks.
Any instrument or writing, required by law to be proved or
acknowledged before an officer, which prior to the ratification of this section
was proved or acknowledged before an officer of the United States army or
United States marine corps Army or Marine Corps having the rank of
second lieutenant or higher, or any officer of the United States navy Navy,
or United States coast guard Coast Guard, or United States merchant
marine Merchant Marine, having the rank of ensign or higher, is
hereby validated and declared sufficient for all purposes."
SECTION 32. G.S. 47-81.2 reads as rewritten:
"§ 47-81.2.
Before army, United States Army, etc., officers.
In all cases where instruments and writings have been proved
or acknowledged before any officer of the army of the United States or United
States marine corps Army or Marine Corps having the rank of
captain or higher, before any officer of the United States navy or coast
guard Navy or Coast Guard having the rank of lieutenant,
senior grade, or higher, or any officer of the United States merchant marine
Merchant Marine having the rank of lieutenant, senior grade, or
higher, such proofs or acknowledgments, where valid in other respects, are
hereby ratified, confirmed and declared valid."
SECTION 33. The title of Article 5 of Chapter 47 of the General Statutes reads as rewritten:
"Article 5.
Registration of Official Discharges from the Military
and Naval Armed Forces of the United States."
SECTION 34. G.S. 47-109 reads as rewritten:
"§ 47-109. Book for record of discharges in office of register of deeds; specifications.
There shall be provided, and at all times maintained, in the
office of the register of deeds of each county in North Carolina a special and
permanent book, in which shall be recorded official discharges from the army,
navy, marine corps United States Army, Navy, Marine Corps and other
branches of the armed forces Armed Forces of the United
States. Said The book shall be securely bound, and the
pages of the same book shall be printed in the form of
discharge papers, with sufficient blank lines for the recording of such dates
as may be contained in the discharge papers offered for registration."
SECTION 35. G.S. 47-110 reads as rewritten:
"§ 47-110. Registration of official discharge or certificate of lost discharge.
Upon the presentation to the register of deeds of any county
of any official discharge, or official certificate of lost discharge, from the army,
navy, marine corps, United States Army, Navy, Marine Corps, or any
other branch of the armed forces Armed Forces of the United
States he the register of deeds shall record the same without
charge in the book provided for in G.S. 47-109."
SECTION 36. G.S. 47-111 reads as rewritten:
"§ 47-111. Inquiry by register of deeds; oath of applicant.
If any register of deeds shall be in doubt as to whether or
not any paper so presented for registration is an official discharge from the army,
navy, or marine corps of the United States, United States Army, Navy,
Marine Corps, or any other branch of the Armed Forces of the United States
or an official certificate of lost discharge, he the register of
deeds shall have power to examine, under oath, the person so presenting
such discharge, or otherwise inquire into its validity; and every register of
deeds to whom a discharge or certificate of lost discharge is presented for
registration shall administer to the person offering such discharge or
certificate of lost discharge for registration the following oath, to be
recorded with and form a part of the registration of such discharge or
certificate of lost discharge:
'I, ______________, being duly sworn, depose and say that the foregoing discharge (or certificate of lost discharge) is the original discharge (or certificate of lost discharge) issued to me by the government of the United States; and that no alterations have been made therein by me, or by any person to my knowledge.
______________
Subscribed and sworn to before me this ____ day of ________, ____
______________'".
SECTION 37. G.S. 47-113 reads as rewritten:
"§ 47-113. Certified copy of registration.
Any person desiring a certified copy of any such discharge,
or certificate of lost discharge, registered under the provisions of this
Article shall apply for the same to the register of deeds of the county in
which such discharge or certificate of lost discharge is registered. The
register of deeds shall furnish certified copies of instruments registered
under this Article without charge to any member or former member of the armed
forces Armed Forces of the United States who applies
therefor."
SECTION 38. G.S. 47-113.2(b)(3) reads as rewritten:
"(3) Military discharge
document. - Any document that purports to represent a notice of separation from
or service in any armed forces the Armed Forces of the United
States or armed forces of any state, including, but not limited to,
Department of Defense Form 214 or 215, WD AGO 53, WD AGO 55, WD AGO 53-55,
NAVMC 78-PD, and NAVPERS 553, or any other letter relating to the separation
from the armed forces.553."
SECTION 39. G.S. 50-18 reads as rewritten:
"§ 50-18. Residence of military personnel; payment of defendant's travel expenses by plaintiff.
In any action instituted and prosecuted under this Chapter,
allegation and proof that the plaintiff or the defendant has resided or been
stationed at a United States army, navy, marine corps, coast guard or air
force Army, Navy, Marine Corps, Coast Guard, or Air Force
installation or reservation or any other location pursuant to military duty
within this State for a period of six months next preceding the institution of
the action shall constitute compliance with the residence requirements set
forth in this Chapter; provided that personal service is had upon the
defendant or service is accepted by the defendant, within or without the State
as by law provided.
Upon request of the defendant or attorney for the defendant, the court may order the plaintiff to pay necessary travel expenses from defendant's home to the site of the court in order that the defendant may appear in person to defend said action."
SECTION 40. G.S. 50B-3.1(k) reads as rewritten:
"(k) Official Use
Exemption. - This section shall not prohibit law enforcement officers and
members of any branch of the United States armed forces, Armed Forces
of the United States, not otherwise prohibited under federal law, from
possessing or using firearms for official use only."
SECTION 41. G.S. 53-141 reads as rewritten:
"§ 53-141. Powers.
Industrial banks shall have perpetual duration and succession in their corporate name unless a limited period of duration is stated in their certificate of incorporation. They shall have the powers conferred by subdivisions (1), (2), and (3) of subsection (a) of G.S. 55-3-02, and subdivision (3) of G.S. 53-43, such additional powers as may be necessary or incidental for the carrying out of their corporate purposes, and in addition thereto the following powers:
…
(7) To transact any
lawful business in aid of the United States in time of war or engagement of the
nation's armed forces Armed Forces of the United States in
hostile military operations."
SECTION 42. G.S. 58-33-66(a) reads as rewritten:
"(a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days or longer, for good cause, without requiring an examination if the Commissioner deems that the temporary license is necessary for the servicing of an insurance business in any of the following cases:
…
(3) To the designee
of a licensed insurance producer entering active service in the armed forces
of the United States of America.Armed Forces of the United States.
(4) In any other circumstance where the Commissioner deems that the public interest will be served best by the issuance of this license."
SECTION 43. G.S. 58-37-1(4a) reads as rewritten:
"(4a) "Eligible risk," for the purpose of nonfleet private passenger motor vehicle insurance, means:
…
e. A nonresident of the State who is one of the following:
1. A member of
the armed forces Armed Forces of the United States stationed in
this State, or deployed outside this State from a home base in this State, who
intends to return to his or her home state;
2. The spouse
of a nonresident member of the armed forces Armed Forces of the
United States stationed in this State, or deployed outside this State from a
home base in this State, who intends to return to his or her home state;
3. An out-of-state student who intends to return to his or her home state upon completion of his or her time as a student enrolled in school in this State; or
.…"
SECTION 44. G.S. 58-58-325 reads as rewritten:
"§ 58-58-325. Scope.
This Part applies only to the solicitation or sale of any life
insurance or annuity product by an insurer or insurance producer to an active
duty service member of the United States armed forces. Armed Forces."
SECTION 45. G.S. 58-58-330(b) reads as rewritten:
"(b) Nothing in this Part
shall be construed to abrogate the ability of nonprofit organizations (and/or
other organizations) to educate members of the United States armed forces
Armed Forces in accordance with Department of Defense DoD "DoD
Instruction 1344.07 - Personal Commercial Solicitation on DoD Installations
Installations" or successor directive."
SECTION 46. G.S. 58-58-335 reads as rewritten:
"§ 58-58-335. Definitions.
As used in this Part:
(1) "Active duty" means full-time duty in the active military service of the United States and includes service by members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full-time training. "Active duty" does not include service by members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.
(1a) 'Armed Forces' means all components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.
…
(11) "Service member"
means any active duty commissioned officer, any active duty warrant officer, or
any active duty enlisted member of the armed forces.Armed Forces.
…
(15) "United
States armed forces" or "armed forces" means all components of
the Army, Navy, Air Force, Marine Corps, and Coast Guard.
.…"
SECTION 47. G.S. 58-58-340 reads as rewritten:
"§ 58-58-340. Practices declared false, misleading, deceptive, or unfair on a military installation.
(a) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance are declared to be false, misleading, deceptive, or unfair:
…
(8) Knowingly
accepting an application for life insurance or issuing a policy of life
insurance on the life of an enlisted member of the armed forces Armed
Forces without first obtaining for the insurer's files a completed copy of
any required form that confirms that the applicant has received counseling or
fulfilled any other similar requirement for the sale of life insurance
established by regulations, directives, or rules of the Department of Defense
or any branch of the armed forces.Armed Forces.
(b) The following acts or practices when committed on a military installation by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:
(1) Using Department of Defense personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members.
(2) Using an
insurance producer to participate in any armed forces Armed Forces
sponsored education or orientation program."
SECTION 48.(a) G.S. 58-58-345(a) reads as rewritten:
"(a) The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive, or unfair:
(1) Submitting,
processing, or assisting in the submission or processing of any allotment form
or similar device used by the United States armed forces Armed Forces
to direct a service member's pay to a third party for the purchase of life
insurance. The foregoing includes, but is not limited to, using or assisting in
using a service member's MyPay account or other similar Internet or electronic
medium for such purposes. This subdivision does not prohibit assisting a
service member by providing insurer or premium information necessary to
complete any allotment form.
.…"
SECTION 48.(b) G.S. 58-58-345(b) reads as rewritten:
"(b) The following acts or practices by an insurer or insurance producer lead to confusion regarding source, sponsorship, approval, or affiliation and are declared to be false, misleading, deceptive, or unfair:
(1) Making any
representation, or using any device, title, descriptive name, or identifier
that has the tendency or capacity to confuse or mislead a service member into
believing that the insurer, insurance producer, or product offered is
affiliated, connected or associated with, endorsed, sponsored, sanctioned, or
recommended by the U.S. Government, the United States armed forces, Armed
Forces, or any state or federal agency or government entity. Examples of
prohibited insurance producer titles include, but are not limited to,
"Battalion Insurance Counselor," "Unit Insurance Advisor,"
"Servicemen's Group Life Insurance Conversion Consultant," or
"Veteran's Benefits Counselor." Nothing in this subdivision prohibits
a person from using a professional designation awarded after the successful
completion of a course of instruction in the business of insurance by an
accredited institution of higher learning. Those designations include, but are
not limited to, Chartered Life Underwriter (CLU), Chartered Financial
Consultant, (ChFC), Certified Financial Planner (CFP), Master of Science in
Financial Services (MSFS), or Masters of Science Financial Planning (MS).
(2) Soliciting the
purchase of any life insurance product through the use of or in conjunction
with any third party organization that promotes the welfare of or assists
members of the United States armed forces Armed Forces in a
manner that has the tendency or capacity to confuse or mislead a service member
into believing that either the insurer, insurance producer, or insurance
product is affiliated, connected or associated with, endorsed, sponsored,
sanctioned, or recommended by the U.S. Government or the United States armed
forces.Armed Forces."
SECTION 48.(c) G.S. 58-58-345(d) reads as rewritten:
"(d) The following acts or practices by an insurer or insurance producer regarding SGLI or VGLI are declared to be false, misleading, deceptive, or unfair:
…
(3) Suggesting,
recommending, or encouraging a service member to cancel or terminate his or her
SGLI policy or issuing a life insurance policy that replaces an existing SGLI policy
unless the replacement shall take effect upon or after the service member's
separation from the armed forces.Armed Forces."
SECTION 49. G.S. 65-43 reads as rewritten:
"§ 65-43. Definitions.
For purposes of this Article, the following definitions shall apply, unless the context requires otherwise:
(1) "Honorable military service" means:
a. Service on active duty, other than for training, as a member of the Armed Forces of the United States, when the service was terminated under honorable conditions;
b. Service on active duty as a member of the Armed Forces of the United States at the time of death under honorable conditions;
c. Service on
active duty for training or full-time service as a member of the Reserve a
reserve component of the Armed Forces of the United States, the Army
National Guard, the Air National Guard, or the Reserve Officer Training Corps
of the Army, Navy, or Air Force, at the time of death under honorable
conditions.
(2) A "legal resident" of a state means a person whose principal residence or abode is in that state, who uses that state to establish his or her right to vote and other rights in a state, and who intends to live in that state, to the exclusion of maintaining a legal residence in any other state.
(3) A "qualified veteran" means a veteran who meets the requirements of sub-subdivisions a. and b. of this subdivision:
a. A veteran who served an honorable military service or who served a period of honorable nonregular service and is any of the following:
1. A veteran who is entitled to retired pay for nonregular service under 10 U.S.C. §§ 12731-12741, as amended.
2. A veteran who would have been entitled to retired pay for nonregular service under 10 U.S.C. §§ 12731-12741, as amended, but for the fact that the person was under 60 years of age.
3. A veteran who is eligible for interment in a national cemetery under 38 U.S.C. § 2402, as amended.
b. Who is a legal resident of North Carolina:
1. At the time of death, or
2. For a period of at least 10 years, or
3. At the time he or she entered the Armed Forces of the United States."
SECTION 50. G.S. 66-58(c)(3b) reads as rewritten:
"(3b) The operation of a military business
center by a community college. For the purposes of this subdivision, the term
"military business center" means a facility that serves to coordinate
and facilitate interactions between the United States Armed Forces; Armed
Forces of the United States; military personnel, veterans, and their
families; and private businesses."
SECTION 51. G.S. 86A-14(2) reads as rewritten:
"(2) Commissioned medical
or surgical officers of the U.S. United States Army or other
components of the U.S. armed forces, Armed Forces of the United
States, and those working under their supervision;".
SECTION 52. G.S. 86A-17(c) reads as rewritten:
"(c) All persons
serving in the Armed Forces of the United States armed forces and
persons whose certificates of registration as a registered barber were in force
one year prior to entering service may, without taking the required
examination, renew their certificates within 90 days after receiving an
honorable discharge, by paying the current annual license fee and furnishing the
State Board of Barber Examiners with a satisfactory health certificate if
required by the Board."
SECTION 53. G.S. 89C-25(6) reads as rewritten:
"(6) Practice by members of
the armed forces; Armed Forces of the United States; employees of
the government of the United States while engaged in the practice of
engineering or land surveying solely for the government on government-owned
works and projects; or practice by those employees of the Natural Resources
Conservation Service, county employees, or employees of the Soil and Water
Conservation Districts who have federal engineering job approval authority that
involves the planning, designing, or implementation of best management
practices on agricultural lands."
SECTION 54. G.S. 90-12.1A(a)(3) reads as rewritten:
"(3) Is authorized to treat
personnel enlisted military personnel serving in a branch of the United
States armed services Armed Forces of the United States or
veterans."
SECTION 55. G.S. 90-12.4(3) reads as rewritten:
"(3) Is a member of the United
States armed services Armed Forces of the United States or is
employed by the Veterans' Administration or another federal agency."
SECTION 56. G.S. 90-18.1(h) reads as rewritten:
"(h) A physician
assistant serving active duty in the United States military Armed
Forces of the United States is exempt from the requirements of subdivision
(g)(3) of this section."
SECTION 57. G.S. 90-29(c)(2) reads as rewritten:
"(2) The practice of
dentistry, in the discharge of their official duties, by dentists in any branch
of the military service Armed Forces of the United States or in
the full-time employ of any agency of the United States;".
SECTION 58. G.S. 90-36(c)(2) reads as rewritten:
"(2) Has not been the
subject of final or pending disciplinary action in the military, Armed
Forces of the United States, in any state or territory in which the
applicant is or has ever been licensed to practice dentistry, or in any state
or territory in which the applicant has held any other professional
license."
SECTION 59. G.S. 90-37.1(a)(1) reads as rewritten:
"(1) Has an out-of-state
current or expired license, or an expired license in this State, or is
authorized to treat veterans of or personnel enlisted serving
in the United States armed services Armed Forces of the United States;
and".
SECTION 60. G.S. 90-87(23)(a) reads as rewritten:
"a. A written
order or other order which is promptly reduced to writing for a controlled
substance as defined in this Article, or for a preparation, combination, or
mixture thereof, issued by a practitioner who is licensed in this State to
administer or prescribe drugs in the course of his professional practice; or
issued by a practitioner serving on active duty with the armed forces Armed
Forces of the United States or the United States Veterans Administration
who is licensed in this or another state or Puerto Rico, provided the order is
written for the benefit of eligible beneficiaries of armed services medical
care; a prescription does not include an order entered in a chart or other
medical record of a patient by a practitioner for the administration of a drug;
or".
SECTION 61. G.S. 90-115.1(1) reads as rewritten:
"(1) The practice of
optometry, in the discharge of their official duties, by optometrists in any
branch of the military service of the United States Armed Forces of
the United States or in the full employ of any agency of the United
States."
SECTION 62. G.S. 90-187.10 reads as rewritten:
"§ 90-187.10. Necessity for license; certain practices exempted.
No person shall engage in the practice of veterinary medicine
or own all or part interest in a veterinary medical practice in this State or
attempt to do so without having first applied for and obtained a license for
such purpose from the North Carolina Veterinary Medical Board, or without
having first obtained from said the Board a certificate of
renewal of license for the calendar year in which such the person
proposes to practice and until he the person shall have been
first licensed and registered for such practice in the manner provided in this
Article and the rules and regulations of the said Board.
Nothing in this Article shall be construed to prohibit:
(1) Any person or
his employee from administering to animals, the title to which is vested in
himself, the person or the person's employer, except when said
the title is so vested for the purpose of circumventing the
provisions of this Article;
(2) Any person who
is a regular student or instructor in a legally chartered college from the
performance of those duties and actions assigned as his the person's
responsibility in teaching or research;
(3) Any veterinarian
not licensed by the Board who is a member of the armed forces Armed
Forces of the United States or who is an employee of the United States
Department of Agriculture, the United States Public Health Service or other
federal agency, or the State of North Carolina, or political subdivision
thereof, from performing official duties while so commissioned or employed;
…
(7) Any physician
licensed to practice medicine in this State, or his the physician's
assistant, while engaged in medical research;
…
(9) Any veterinarian
licensed to practice in another state from examining livestock or acting as a
consultant in North Carolina, provided he the consulting veterinarian
is directly supervised by a veterinarian licensed by the Board who must, at or
prior to the first instance of consulting, notify the Board, in writing, that
he or she is supervising the consulting veterinarian, give the Board the
name, address, and licensure status of the consulting veterinarian, and also
verify to the Board that the supervising veterinarian assumes responsibility
for the professional acts of the consulting veterinarian; and provided further,
that the consultation by the veterinarian in North Carolina does not exceed 10
days or parts thereof per year, and further that all infectious or contagious
diseases diagnosed are reported to the State Veterinarian within 48 hours; or
(10) Any person employed by the North Carolina Department of Agriculture and Consumer Services as a livestock inspector or by the U.S. Department of Agriculture as an animal health technician from performing regular duties assigned to him or her during the course and scope of that person's employment."
SECTION 63. G.S. 90-210.25(a) reads as rewritten:
"(a) Qualifications, Examinations, Resident Traineeship and Licensure. -
…
(4) …
d. A
certificate of resident traineeship shall be signed by the resident trainee and
upon payment of the renewal fee shall be renewable one year after the date of
original registration; but the certificate may not be renewed more than two
times. The Board shall mail to each registered trainee at his last known
address a notice that the renewal fee is due and that, if not paid within 30
days of the notice, the certificate will be canceled. A late fee, in addition
to the renewal fee, shall be charged for a late renewal, but the renewal of the
registration of any resident trainee who is engaged in the active
service in the military service Armed Forces of
the United States at the time renewal is due may, at the discretion of the
Board, be held in abeyance for the duration of that service without penalties.
No credit shall be allowed for the 12-month period of resident traineeship that
shall have been completed more than five years preceding the examination for a
license.
…
(5) The Board by regulation may recognize other examinations that the Board deems equivalent to its own.
…
b. The holder
of any license issued by the Board who shall fail to renew the same on or
before February 1 of the calendar year for which the license is to be renewed
shall have forfeited and surrendered the license as of that date. No license
forfeited or surrendered pursuant to the preceding sentence shall be reinstated
by the Board unless it is shown to the Board that the applicant has, throughout
the period of forfeiture, engaged full time in another state of the United
States or the District of Columbia in the practice to which his the
applicant's North Carolina license applies and has completed for each such
year continuing education substantially equivalent in the opinion of the Board
to that required of North Carolina licensees; or has completed in North
Carolina a total number of hours of accredited continuing education computed by
multiplying five times the number of years of forfeiture; or has passed the
North Carolina examination for the forfeited license. No additional resident
traineeship shall be required. The applicant shall be required to pay all
delinquent annual renewal fees and a reinstatement fee. The Board may waive the
provisions of this section for an applicant for a forfeiture which occurred
during his the applicant's service in the armed forces Armed
Forces of the United States provided he the applicant
applies within six months following severance therefrom.
.…"
SECTION 64. G.S. 90-210.101 reads as rewritten:
"§ 90-210.101.
Member in armed forces of Armed Forces failing to pay
assessments; reinstatement.
If a member of a burial association who is in the military
or naval forces Armed Forces of the United States fails to pay any
assessment, he the member shall be in bad standing, and
unless and until restored, shall not be entitled to benefits. However, the said
member shall be reinstated in the burial association upon application made
by him the member at any time until 12 months after his the
member's discharge from the military or naval forces Armed
Forces of the United States, notwithstanding his the member's
physical condition and without the payment of assessments which have become due
during his the member's service in the military or naval
forces Armed Forces of the United States. Benefits will be in force
immediately after such reinstatement."
SECTION 65. G.S. 90-224.1(c)(2) reads as rewritten:
"(2) Has no history of
disciplinary action or pending disciplinary action in the military Armed
Forces of the United States or in any state or territory in which the
applicant is or has ever been licensed."
SECTION 66. G.S. 90-270.34(a)(3) reads as rewritten:
"(3) Practitioners of
physical therapy employed in the United States armed services, Armed
Forces of the United States, United States Public Health Service, Veterans
Administration or other federal agency, to the extent permitted under federal
law, so long as the practitioner limits services to those directly relating to
work with the employing government agency;".
SECTION 67. G.S. 90-664(3) reads as rewritten:
"(3) A respiratory care
practitioner serving in the armed forces Armed Forces or the
Public Health Service of the United States or employed by the Veterans
Administration when performing duties associated with that service or
employment."
SECTION 68. G.S. 93B-15 reads as rewritten:
"§ 93B-15.
Payment of license fees by members of the armed forces; Armed Forces;
board waiver rules.
(a) An individual
who is serving in the armed forces Armed Forces of the United
States and to whom G.S. 105-249.2 grants an extension of time to file a
tax return is granted an extension of time to pay any license fee charged by an
occupational licensing board as a condition of retaining a license granted by
the board. The extension is for the same period that would apply if the license
fee were a tax.
(b) Occupational
licensing boards shall adopt rules to postpone or waive continuing education,
payment of renewal and other fees, and any other requirements or conditions
relating to the maintenance of licensure by an individual who is currently
licensed by and in good standing with the board, is serving in the armed
forces Armed Forces of the United States, and to whom G.S. 105-249.2
grants an extension of time to file a tax return."
SECTION 69.(a) G.S. 96-8(6)i. reads as rewritten:
"i. The
term "employment" includes service performed for any State and local
governmental employing unit or for any Indian tribe, except that employment
does not include service performed (a) as an elected official; (b) as a member
of a legislative body or a member of the judiciary, of a State or political
subdivision thereof or of an Indian tribe; (c) as a member of the State North
Carolina National Guard or Air National Guard; (d) as an
employee serving on a temporary basis in case of fire, storm, snow, earthquake,
flood, or similar emergency; or (e) in a policymaking or advisory position the
performance of the duties of which ordinarily does not require more than eight
hours per week. The services to which clause (d) of the preceding sentence
applies include but are not limited to temporary emergency services compensated
solely by a fixed payment for each emergency call answered whether or not
provided for by prior agreement and training in preparation for such temporary
emergency service whether or not compensated."
SECTION 69.(b) G.S. 96-8(8b) reads as rewritten:
"(8b) "Severely disabled veteran"
means an honorably discharged veteran of the armed forces Armed
Forces of the United States who has received a disability rating from the
United States Department of Veterans Affairs that meets the disability
percentage requirements set forth in 38 CFR 4.16, as amended, if the veteran
(i) has a right to apply to the United States Department of Veterans Affairs
for compensation based on total disability or individual unemployability, and
(ii) has elected to work instead of assert the right to receive compensation
from the United States Department of Veterans Affairs based on total disability
or individual unemployability."
SECTION 69.(c) Effective July 1, 2011, G.S. 96-8(10) reads as rewritten:
"(10) Total and partial unemployment.
a. For the purpose of establishing a benefit year, an individual shall be deemed to be unemployed:
1. If he the
individual has payroll attachment but, because of lack of work during the
payroll week for which he the individual is requesting the
establishment of a benefit year, he the individual worked less
than the equivalent of three customary scheduled full-time days in the
establishment, plant, or industry in which hethe individual has
payroll attachment as a regular employee. If a benefit year is established, it
shall begin on the Sunday preceding the payroll week ending date.
2. If hethe
individual has no payroll attachment on the date hethe individual
reports to apply for unemployment insurance. If a benefit year is established,
it shall begin on the Sunday of the calendar week with respect to which the
claimant met the reporting requirements provided by Commission regulation.
b. For benefit weeks within an established benefit year, a claimant shall be deemed to be:
1. Totally unemployed,
irrespective of job attachment, if his the claimant's earnings
for such week, including payments defined in subparagraph c below, sub-subdivision
c. of this subdivision, would not reduce his the claimant's weekly
benefit amount as prescribed by G.S. 96-12(c).
2. Partially
unemployed, if he the claimant has payroll attachment but because
of lack of work during the payroll week for which hethe claimant
is requesting benefits hethe claimant worked less than three
customary scheduled full-time days in the establishment, plant, or industry in
which hethe claimant is employed and whose earnings from such
employment (including payments defined in subparagraph c below) sub-subdivision
c. of this subdivision) would qualify himthe claimant for a
reduced payment as prescribed by G.S. 96-12(c).
3. Part-totally
unemployed, if the claimant had no job attachment during all or part of such
week and whose earnings for odd jobs or subsidiary work (including payments
defined in subparagraph c below) sub-subdivision c. of this
subdivision) would qualify him the claimant for a reduced
payment as prescribed by G.S. 96-12(c).
c. No
individual shall be considered unemployed if, with respect to the entire
calendar week, he the individual is receiving, has received, or
will receive as a result of his the individual's separation from
employment, remuneration in the form of (i) wages in lieu of notice, (ii)
accrued vacation pay, (iii) terminal leave pay, (iv) severance pay, (v)
separation pay, or (vi) dismissal payments or wages by whatever name. Provided,
however, if such payment is applicable to less than the entire week, the
claimant may be considered to be unemployed as defined in subsections a and
b of this paragraph. sub-subdivisions a. and b. of this subdivision. Sums
received by any individual for services performed as an elected official who
holds an elective office, as defined in G.S. 128-1.1(d), or as a member of
the N. C. North Carolina National Guard, as defined in
G.S. 127A-3, or as a member of any reserve component of the United
States Armed Forces of the United States shall not be considered in
determining that individual's employment status under this subsection. Provided
further, however, that an individual shall be considered to be unemployed as to
receipt of severance pay for any week the individual is registered at or
attending any institution of higher education as defined in G.S. 96-8(5)j.,
or secondary school as defined in G.S. 96-8(5)q., or Commission approved
vocational, educational, or training programs as defined in G.S. 96-13.
d. An
individual's week of unemployment shall be deemed to commence only after his
the individual's registration at an employment office, except as the
Commission may by regulation otherwise prescribe.
e. Repealed by Session Laws 2009-506, s. 2, effective October 1, 2009, and applicable to claims filed on or after that date.
f. No substitute teacher or other substitute school personnel shall be considered unemployed for days or weeks when not called to work unless the individual is or was employed as a full-time substitute during the period of time for which the individual is requesting benefits. For the purposes of this subsection, full-time substitute is defined as a substitute employee who works more than 30 hours a week on a continual basis for a period of six months or more."
SECTION 70. G.S. 96-9(c)(6) reads as rewritten:
"(6) If the Commission finds that an employer's business is closed solely because of the entrance of one or more of the owners, officers, partners, or the majority stockholder into the Armed Forces of the United States, or of any of its allies, or of the United Nations, such employer's experience rating account shall not be terminated; and, if the business is resumed within two years after the discharge or release from active duty in the Armed Forces of the United States of such person or persons, the employer's account shall be deemed to have been chargeable with benefits throughout more than 13 consecutive calendar months ending July 31 immediately preceding the computation date. This subdivision shall apply only to employers who are liable for contributions under the experience rating system of financing unemployment benefits. This subdivision shall not be construed to apply to employers who are liable for payments in lieu of contributions or to employers using the reimbursable method of financing benefit payments."
SECTION 71. G.S. 105-113.81(c) reads as rewritten:
"(c) Sales to Armed Forces. Forces of the
United States. - Wholesalers and importers of malt beverages and wine are
not required to remit excise taxes on malt beverages and wine sold to the United
States Armed Forces. Armed Forces of the United States. The
Secretary may require malt beverages and wine sold to the Armed ForcesArmed
Forces of the United States to be marked "For Military Use Only"
to facilitate identification of those beverages."
SECTION 72. G.S. 105-158 reads as rewritten:
"§ 105-158.
Taxation of certain armed forces Armed Forces personnel and other
individuals upon death.
An individual is not subject to the tax imposed by this Part for a taxable year if, under section 692 of the Code, the individual is not subject to federal income tax for that same taxable year."
SECTION 73. G.S. 105-244.1 reads as rewritten:
"§ 105-244.1. Cancellation of certain assessments.
The Secretary of Revenue is hereby authorized, empowered and
directed to cancel and abate all assessments made after October 16, 1940, for
or on account of any tax owing to the State of North Carolina and which is
payable to the Department of Revenue against any person who was killed while a
member of the armed forces Armed Forces of the United States or
who has a service connected disability as a result of which the United States
is paying him disability compensation. This provision shall apply only to
assessments made after October 16, 1940, for taxes which were due prior to the
time the taxpayer was inducted into the armed forces. Armed Forces of
the United States. If any such assessment is or has been paid, the
Secretary of Revenue may refund the amount paid but shall not add thereto any
interest."
SECTION 74. G.S. 108A-55.3(b)(13) reads as rewritten:
"(13) A document from the U.S.
Department of Veterans Affairs, U.S. Military,U.S. Department of
Defense, or the U.S. Department of Homeland Security verifying the
applicant's intent to live in North Carolina permanently or for an indefinite
period of time or that the applicant is residing in North Carolina to seek
employment or with a job commitment."
SECTION 75. G.S. 110-129(2) reads as rewritten:
"(2) "Dependent
child" means any person under the age of 18 who is not otherwise emancipated,
married or a member of the armed forces Armed Forces of the
United States, or any person over the age of 18 for whom a court orders that
support payments continue as provided in G.S. 50-13.4(c)."
SECTION 76. G.S. 113-130(4)e. reads as rewritten:
"e. Military
Personnel and Their Dependents. - A member of the armed forces Armed
Forces of the United States stationed at a military facility in North
Carolina, his the member's spouse, and any dependent under
18 years of age residing with him the member are deemed
residents of the State, of the county in which they live, and also, if
different, of any county in which the military facility is located."
SECTION 77. G.S. 115C-254 reads as rewritten:
"§ 115C-254.
Use of school buses by State defense militia or national guard.North
Carolina National Guard.
When requested to do so by the Governor, the board of
education of any local school administrative unit is authorized and directed to
furnish a sufficient number of school buses to the North Carolina State Defense
Militia or the North Carolina National Guard for the purpose of
transporting members of the State defense militia or members of
the North Carolina National Guard to and from authorized places of
encampment, or to and from places to which members of the State defense
militia or members of the North Carolina National Guard are ordered to
proceed for the purpose of suppressing riots or insurrections, repelling
invasions or dealing with any other emergency. Public school buses so furnished
by any local school administrative unit to the North Carolina State Defense
Militia State defense militia or the North Carolina National
Guard shall be operated by members or employees of the State defense
militia or North Carolina National Guard, and all expense of such
operation, including any repair or replacement of any bus occasioned by such
operation, shall be paid by the State from the appropriations available for the
use of the State defense militia or the North Carolina National
Guard."
SECTION 78. G.S. 115C-302.1(g) reads as rewritten:
"(g) Service in
Armed Forces. - The State Board of Education, in fixing the State standard
salary schedule of teachers as authorized by law, shall provide that teachers
who entered the armed Armed Forces or auxiliary forces of the
United States after September 16, 1940, and who left their positions for such
service shall be allowed experience increments for the period of such service
as though the same had not been interrupted thereby, in the event such persons
return to the position of teachers, principals, and superintendents in the
public schools of the State after having been honorably discharged from the armed
Armed Forces or auxiliary forces of the United States."
SECTION 79. G.S. 115D-5.1(f1) reads as rewritten:
"(f1) Notwithstanding any other
provision of law, the State Board of Community Colleges may adopt guidelines
that allow the Customized Training Program to use funds appropriated for that
program to support training projects for the various branches of the United
States Armed Forces.Armed Forces of the United States."
SECTION 80. G.S. 115D-39(a) reads as rewritten:
"(a) The State Board of Community Colleges shall fix and regulate all tuition and fees charged to students for applying to or attending any institution pursuant to this Chapter.
The receipts from all student tuition and fees, other than student activity fees, shall be State funds and shall be deposited as provided by regulations of the State Board of Community Colleges.
The legal resident limitation with respect to tuition, set
forth in G.S. 116-143.1 and G.S. 116-143.3, shall apply to students
attending institutions operating pursuant to this Chapter; provided, however,
that when an employer other than the armed services, Armed Forces,
as that term is defined in G.S. 116-143.3, pays tuition for an employee to
attend an institution operating pursuant to this Chapter and when the employee
works at a North Carolina business location, the employer shall be charged the
in-State tuition rate; provided further, however, a community college may
charge in-State tuition to up to one percent (1%) of its out-of-state students,
rounded up to the next whole number, to accommodate the families transferred by
business, the families transferred by industry, or the civilian families
transferred by the military, Armed Forces, consistent with the
provisions of G.S. 116-143.3, into the State. Notwithstanding these
requirements, a refugee who lawfully entered the United States and who is
living in this State shall be deemed to qualify as a domiciliary of this State
under G.S. 116-143.1(a)(1) and as a State resident for community college
tuition purposes as defined in G.S. 116-143.1(a)(2). Also, a nonresident
of the United States who has resided in North Carolina for a 12-month
qualifying period and has filed an immigrant petition with the United States
Immigration and Naturalization Service shall be considered a State resident for
community college tuition purposes."
SECTION 81. G.S. 116-15(e) reads as rewritten:
"(e) Post-secondary
Degree Activity within the Military.Armed Forces of the United
States. - To the extent that an institution undertakes post-secondary
degree activity on the premises of military posts or reservations located in this
State for military personnel stationed on active duty there, or their
dependents, the institution shall be exempt from the licensure requirements of
this section."
SECTION 82. G.S. 116-21.3(c) reads as rewritten:
"(c) Any member of
the armed services,Armed Forces, as defined in G.S. 116-143.3(a),
abiding in this State incident to active military duty, who does not qualify as
a resident for tuition purposes, as defined under G.S. 116-143.1, is
eligible for a legislative tuition grant pursuant to this section if the member
is enrolled as a full-time undergraduate student or as a licensure student. The
member's legislative tuition grant shall not exceed the cost of tuition less
any tuition assistance paid by the member's employer."
SECTION 83. G.S. 116-143.1(h) reads as rewritten:
"(h) No person shall
lose his or her resident status for tuition purposes solely by reason of
serving in the armed forces Armed Forces of the United States
outside this State."
SECTION 84. G.S. 116-143.3 reads as rewritten:
"§ 116-143.3.
Tuition of armed services Armed Forces personnel and their
dependents.
(a) Definitions. - The following definitions apply in this section:
(1) The term "abode" shall mean the place where a person actually lives, whether temporarily or permanently; the term "abide" shall mean to live in a given place.
(2) The term "armed
services" "Armed Forces" shall mean the United States
Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina
National Guard; and any Reserve Component reserve component of
the foregoing.
(3) Repealed by Session Laws 2007-484, s. 15, effective August 30, 2007.
(b) Any active duty
member of the armed services Armed Forces qualifying for
admission to an institution of higher education as defined in G.S. 116-143.1(a)(3)
but not qualifying as a resident for tuition purposes under G.S. 116-143.1
shall be charged the in-State tuition rate and applicable mandatory fees for
enrollments while the member of the armed services Armed Forces
is abiding in this State incident to active military duty in this State. In the
event the active duty member of the armed services Armed Forces
is reassigned outside of North Carolina or retires, the member shall continue
to be eligible for the in-State tuition rate and applicable mandatory fees so
long as the member is continuously enrolled in the degree or other program in
which the member was enrolled at the time the member is reassigned. In the
event the active duty member of the armed services Armed Forces
receives an Honorable Discharge from military service, the member shall
continue to be eligible for the in-State tuition rate and applicable mandatory
fees so long as the member establishes residency in North Carolina within 30
days after the discharge and is continuously enrolled in the degree or other
program in which the member was enrolled at the time the member is discharged.
(b1), (b2) Repealed by Session Laws 2004-130, s. 1, effective August 1, 2004.
(c) Any dependent
relative of a member of the armed services Armed Forces who is
abiding in this State incident to active military duty, as defined by the Board
of Governors of The University of North Carolina and by the State Board of
Community Colleges while sharing the abode of that member shall be eligible to
be charged the in-State tuition rate, if the dependent relative qualifies for
admission to an institution of higher education as defined in G.S. 116-143.1(a)(3).
The dependent relatives shall comply with the requirements of the Selective
Service System, if applicable, in order to be accorded this benefit. In the
event the member of the armed services Armed Forces is reassigned
outside of North Carolina or retires, the dependent relative shall continue to
be eligible for the in-State tuition rate and applicable mandatory fees so long
as the dependent relative is continuously enrolled in the degree or other
program in which the dependent relative was enrolled at the time the member is
reassigned or retires. In the event the member of the armed services Armed
Forces receives an Honorable Discharge from military service, the dependent
relative shall continue to be eligible for the in-State tuition rate and
applicable mandatory fees so long as the dependent relative establishes
residency within North Carolina within 30 days after the discharge and is
continuously enrolled in the degree or other program in which the dependent
relative was enrolled at the time the member is discharged.
(d) The person applying for the benefit of this section has the burden of proving entitlement to the benefit.
(e) A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116-143.1(g), (h), (i), (j), (k), or (l)."
SECTION 85. G.S. 116-209.51 reads as rewritten:
"§ 116-209.51. Purpose.
The General Assembly of North Carolina, recognizing that the
North Carolina National Guard is the only organized, trained and equipped
military force subject to the control of the State, hereby establishes a
program of tuition assistance for qualifying guard members for the purpose of
encouraging voluntary membership in the guard, North Carolina
National Guard, improving the educational level of its members, and thereby
benefiting the State as a whole."
SECTION 86.(a) G.S. 116-209.54(a) reads as rewritten:
"(a) Active members of the North Carolina National Guard who are enrolled or who shall enroll in any business or trade school, private educational institution, or State educational institution shall be eligible to apply for this tuition assistance benefit: Provided, that the applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the end of the academic period for which tuition assistance is provided or that the applicant commit himself or herself to extended membership for at least two additional years from the end of that academic period."
SECTION 86.(b) G.S. 116-209.54(c)(2)a. reads as rewritten:
"a. The applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the time of the application; or"
SECTION 87. G.S. 116-209.55(c) reads as rewritten:
"(c) All tuition benefit disbursements shall be made to the business or trade school or State or private educational institution concerned, for credit to the tuition account of each recipient. Funds disbursed pursuant to subsection (g) of this section shall be made to the student loan creditor concerned to be applied against the outstanding student loans of each North Carolina National Guard member beneficiary."
SECTION 88. G.S. 116-235(b)(1) reads as rewritten:
"(1) Admission of Students.
- The School shall admit students in accordance with criteria, standards, and
procedures established by the Board of Trustees. To be eligible to be
considered for admission, an applicant must be either a legal resident of the
State, as defined by G.S. 116-143.1(a)(1), or a student whose parent is an
active duty member of the armed services, Armed Forces, as
defined by G.S. 116-143.3(2), who is abiding in this State incident to
active military duty at the time the application is submitted, provided the
student shares the abode of that parent; eligibility to remain enrolled in the
School shall terminate at the end of any school year during which a student
becomes a nonresident of the State. The Board of Trustees shall ensure, insofar
as possible without jeopardizing admission standards, that an equal number of
qualified applicants is admitted to the program and to the residential summer
institutes in science and mathematics from each of North Carolina's
congressional districts. In no event shall the differences in the number of
qualified applicants offered admission to the program from each of North
Carolina's congressional districts be more than two and one-half percentage
points from the average number per district who are offered admission."
SECTION 89. G.S. 120-4.12(d) reads as rewritten:
"(d) Any member of the
Retirement System who has eight or more years of creditable service as a member
of the General Assembly may purchase prior service credit for service in the armed
forces Armed Forces of the United States at the same rates and
conditions as set forth in G.S. 120-4.14 and G.S. 120-4.16; provided
that credit is allowed only for the initial period of active duty in the armed
forcesArmed Forces of the United States up to the time the member
was first eligible to be separated or released therefrom, and subsequent
periods of such active duty as required by the armed forces Armed
Forces of the United States up to the date of first eligibility for
separation or release therefrom; and further provided that the member submits
satisfactory evidence of the service claimed and that service credit be allowed
only for the period of active service in the armed forces Armed
Forces of the United States not creditable in any other retirement system,
except the National Guard or any reserve component of the armed forces Armed
Forces of the United States."
SECTION 90. G.S. 126-2(b)(3) reads as rewritten:
"(3) Two State employees
subject to the State Personnel Act serving in nonexempt positions, appointed by
the Governor, including one of whom is a veteran of the armed forces Armed
Forces of the United States appointed upon the nomination of the Veterans'
Affairs Commission. One employee shall serve in a State government position
having supervisory duties, and one employee shall serve in a nonsupervisory
position. Neither employee may be a human resources professional. The Governor
shall consider nominations submitted by the State Employees Association of
North Carolina. The initial members appointed under this subdivision shall
serve terms expiring June 30, 2001; the terms of subsequent appointees shall be
six years."
SECTION 91. G.S. 127B-2 reads as rewritten:
"§ 127B-2. Military property defined.
"Military property" means property originally
manufactured for the United States or State of North Carolina which is a type
and kind issued for use in, or furnished and intended for, the military
service Armed Forces of the United States or the militia of
the State of North Carolina."
SECTION 92. G.S. 127B-11 reads as rewritten:
"§ 127B-11. Private discrimination prohibited.
No person shall discriminate against any officer, warrant
officer or enlisted person of the military or naval forces of the State
or of the United States because of their membership therein. No member of these
military forces shall be prejudiced or injured by any person, employer, officer
or agent of any corporation, company or firm with respect to their employment,
position or status or denied or disqualified for employment by virtue of their
membership or service in the military forces of this State or of the United
States."
SECTION 93. G.S. 127B-12 reads as rewritten:
"§ 127B-12. Public discrimination prohibited.
No officer or employee of the State, or of any county, city
and county, municipal corporation, school district, water district, or other
district shall discriminate against any officer, warrant officer or enlisted
person of the military or naval forces of the State or of the United
States because of their membership therein. No member of the military forces
shall be prejudiced or injured by any officer or employee of the State, or of
any county, city and county, municipal corporation, school district, water
district, or other district with respect to their employment, appointment,
position or status or denied or disqualified for or discharged from their
employment or position by virtue of their membership or service in the military
forces of this State or of the United States."
SECTION 94. G.S. 127B-13 reads as rewritten:
"§ 127B-13. Refusing entrance prohibited.
No person shall prohibit or refuse entrance to any officer,
warrant officer or enlisted person of the military or naval forces of this
State or of the United States into any public place of entertainment, of
amusement, or accommodation because the officer or enlisted person is wearing
the uniform of the organization to which they belong or because of their
membership or service in the military forces of this State or of the United
States."
SECTION 95. G.S. 127B-14 reads as rewritten:
"§ 127B-14. Employer discrimination prohibited.
No employer or officer or agent of any corporation, company,
or firm, or other person shall discharge any person from employment because of
the performance of any emergency military duty by reason of being an officer,
warrant officer or enlisted person of the military or naval forces of
this State or the United States."
SECTION 96. G.S. 128-15(c) reads as rewritten:
"§ 128-15. Employment preference for veterans and their spouses or surviving spouses.
(c) Hereafter, in
all evaluations of applicants for positions with this State or any of its
departments, institutions or agencies, a preference shall be awarded to all
eligible veterans who are citizens of the State and who served the State or the
United States honorably in either the army, navy, marine corps, nurses'
corps, air corps, air force, coast guard, or any of the armed services the
military forces of this State or of the United States during a period of
war. This preference applies to initial employment with the State and extends
to other employment events including subsequent hirings, promotions,
reassignments, and horizontal transfers."
SECTION 97.(a) G.S. 128-26(a) reads as rewritten:
"§ 128-26. Allowance for service.
(a) Each person who becomes a member during the first year of his or her employer's participation, and who was an employee of the same employer at any time during the year immediately preceding the date of participation, shall file a detailed statement of all service rendered by him or her to that employer prior to the date of participation for which he or she claims credit.
A participating employer may allow prior service credit to any of its employees on account of: their earlier service to the aforesaid employer; or, their earlier service to any other employer as the term employer is defined in G.S. 128-21(11); or, their earlier service to any state, territory, or other governmental subdivision of the United States other than this State.
A participating employer may allow prior service credit to
any of its employees on account of service, as defined in G.S. 135-1(23), to
the State of North Carolina to the extent of such service prior to the
establishment of the Teachers' and State Employees' Retirement System on July
1, 1941; provided that employees allowed such prior service credit pay in a
total lump sum an amount calculated on the basis of compensation the employee
earned when he the employee first entered membership and the
employee contribution rate at that time together with interest thereon from
year of first membership to year of payment shall be one half of the calculated
cost.
With respect to a member retiring on or after July 1, 1967,
the governing board of a participating unit may allow credit for any period of
military service in the armed forces Armed Forces of the United
States if the person returned to the service of his the person's
employer within two years after having been honorably discharged, or becoming
entitled to be discharged, released, or separated from such armed services; the
Armed Forces of the United States; provided that, notwithstanding the above
provisions, any member having credit for not less than 10 years of otherwise
creditable service may be allowed credit for such military services which are
not creditable in any other governmental retirement system; provided further,
that a member will receive credit for military service under the provisions of
this paragraph only if he the member submits satisfactory
evidence of the military service claimed and the participating unit of which he
the member is an employee agrees to grant credit for such
military service prior to January 1, 1972.
A member retiring on or after July 1, 1971, who is not
granted credit for military service under the provisions of the preceding
paragraph will be allowed credit for any period in the armed services Armed
Forces of the United States up to the date he the member
was first eligible to be separated or released therefrom; provided that he the
member was an employee as defined in G.S. 128-21(10) at the time he
the member entered military service, and either of the following
conditions is met:
(1) He The
member returns to service, with the employer by whom he the
member was employed when he the member entered military
service, within a period of two years after he the member is
first eligible to be separated or released from such military service under
other than dishonorable conditions.
(2) He The
member is in service, with the employer by whom he the member
was employed when he the member entered military service, for a
period of not less than 10 years after he the member is separated
or released from such armed services the Armed Forces of the
United States under other than dishonorable conditions."
SECTION 97.(b) G.S. 128-26(j1)(1) reads as rewritten:
"(1) For members who
completed 10 years of membership service, and retired members who completed 10
years of membership service prior to retirement, and whose membership began on
or prior to January 1, 1988, and who make such purchase within three years
after first becoming eligible, the cost shall be an amount equal to the monthly
compensation the member earned when he the member first entered
membership service times the employee contribution rate at that time times the
months of service to be purchased with sufficient interest added thereto so as
to equal one-half of the cost of allowing such service, plus an administrative
fee to be set by the Board of Trustees."
SECTION 98. G.S. 128-39.1(a) reads as rewritten:
"(a) Any elective or
appointive State official may obtain leave of absence from the official's
duties when the official enters active duty in the armed forces Armed
Forces of the United States or the North Carolina National Guard as a
result of being voluntarily or involuntarily activated, drafted, or otherwise
called to duty. The official shall receive no salary during the period of
leave. No vacancy is created by a State official obtaining a leave of absence
under this section."
SECTION 99. G.S. 128-42(a) reads as rewritten:
"(a) Any elective or
appointive county or municipal official may obtain leave of absence from the
official's duties when the official enters active duty in the armed forces Armed
Forces of the United States or the North Carolina National Guard as a
result of being voluntarily or involuntarily activated, drafted, or otherwise
called to duty. The official shall receive no salary during the period of
leave. No vacancy is created by a county or municipal official obtaining a
leave of absence under this section."
SECTION 100. G.S. 135-1(10) reads as rewritten:
"(10) "Employee" shall mean
all full-time employees, agents or officers of the State of North Carolina or
any of its departments, bureaus and institutions other than educational,
whether such employees are elected, appointed or employed: Provided that the
term "employee" shall not include any person who is a member of the
Consolidated Judicial Retirement System, any member of the General Assembly or
any part-time or temporary employee. Notwithstanding any other provision of
law, "employee" shall include all employees of the General Assembly
except participants in the Legislative Intern Program, pages, and beneficiaries
in receipt of a monthly retirement allowance under this Chapter who are
reemployed on a temporary basis. "Employee" also includes any
participant whose employment is interrupted by reason of service in the
Uniformed Services, as that term is defined in section 4303(16) of the
Uniformed Services Employment and Reemployment Rights Act, Public Law 103-353,
if that participant was an employee at the time of the interruption; if the
participant does not return immediately after that service to employment with a
covered employer in this System, then the participant shall be deemed "in
service" until the date on which the participant was first eligible to be
separated or released from his or her involuntary military service. In all
cases of doubt, the Board of Trustees shall determine whether any person is an
employee as defined in this Chapter. "Employee" shall also mean every
full-time civilian employee of the Army National Guard and Air National
Guard of this State North Carolina National Guard who is employed
pursuant to section 709 of Title 32 of the United States Code and paid from
federal appropriated funds, but held by the federal authorities not to be a
federal employee: Provided, however, that the authority or agency paying the
salaries of such employees shall deduct or cause to be deducted from each
employee's salary the employee's contribution in accordance with applicable
provisions of G.S. 135-8 and remit the same, either directly or
indirectly, to the Retirement System; coverage of employees described in this
sentence shall commence upon the first day of the calendar year or fiscal year,
whichever is earlier, next following the date of execution of an agreement
between the Secretary of Defense of the United States and the Adjutant General
of the State acting for the Governor in behalf of the State, but no credit
shall be allowed pursuant to this sentence for any service previously rendered
in the above-described capacity as a civilian employee of the North Carolina
National Guard: Provided, further, that the Adjutant General, in his the
Adjutant General's discretion, may terminate the Retirement System coverage
of the above-described North Carolina National Guard employees if a
federal retirement system is established for such employees and the Adjutant
General elects to secure coverage of such employees under such federal
retirement system. Any full-time civilian employee of the North Carolina
National Guard described above who is now or hereafter may become a member of
the Retirement System may secure Retirement System credit for such service as a
North Carolina National Guard civilian employee for the period preceding
the time when such employees became eligible for Retirement System coverage by
paying to the Retirement System an amount equal to that which would have
constituted employee contributions if he the employee had
been a member during the years of ineligibility, plus interest. Employees of
State agencies, departments, institutions, boards, and commissions who are
employed in permanent job positions on a recurring basis and who work 30 or
more hours per week for nine or more months per calendar year are covered by
the provisions of this subdivision. On and after August 1, 2001, a person who
is a nonimmigrant alien and who otherwise meets the requirements of this
subdivision shall not be excluded from the definition of "employee"
solely because the person holds a temporary or time-limited visa."
SECTION 101. G.S. 135-4(f) reads as rewritten:
"(f) Armed Service Credit. -
(1) Teachers and
other State employees who entered the armed services Armed Forces
of the United States on or after September 16, 1940, and prior to February 17,
1941, and who returned to the service of the State within a period of two years
after they were first eligible to be separated or released from such armed
services the Armed Forces of the United States under other than
dishonorable conditions shall be entitled to full credit for all prior service.
(2) Teachers and
other State employees who entered the armed services Armed
Forces of the United States on or after September 16, 1940, and who
returned to the service of the State prior to October 1, 1952, or who devote
not less than 10 years of service to the State after they are separated or
released from such armed services the Armed Forces of the
United States under other than dishonorable conditions, shall be entitled
to full credit for all prior service, and, in addition they shall receive
membership service credit for the period of service in such armed services the
Armed Forces of the United States up to the date they were first eligible
to be separated or released therefrom, occurring after the date of
establishment of the Retirement System.
(3) Teachers and
other State employees who enter the armed services Armed Forces
of the United States on or after July 1, 1950, or who engage in active military
service on or after July 1, 1950, and who return to the service of the State
within a period of two years after they are first eligible to be separated or
released from such active military service under other than dishonorable
conditions shall be entitled to full membership service credit for the period
of such active service in the armed services.Armed Forces of the
United States.
(4) Under such rules
as the Board of Trustees shall adopt, credit will be provided by the Retirement
System with respect to each such teacher or other State employee in the amounts
that he or she would have been paid during such service in such armed
services the Armed Forces of the United States on the basis of
his or her earnable compensation when such service commenced. Such
contributions shall be credited to the individual account of the member in the
annuity savings fund, in such manner as the Board of Trustees shall determine,
but any such contributions so credited and any regular interest thereon shall
be available to the member only in the form of an annuity, or benefit in lieu
thereof, upon his the member's retirement on a service,
disability or special retirement allowance; and in the event of cessation of
membership or death prior thereto, any such contributions so credited and
regular interest thereon shall not be payable to him the member
or on his the member's account, but shall be transferred
from the annuity savings fund to the pension accumulation fund. If any payments
were made by a member on account of such service as provided by subdivision (5)
of subsection (b) of G.S. 135-8, the Board of Trustees shall refund to or
reimburse such member for such payments.
(5) The provisions of this subsection shall also apply to members of the North Carolina National Guard with respect to teachers and State employees who are called into federal service or who are called into State service, to the extent that such persons fail to receive compensation for performance of the duties of their employment other than for service in the North Carolina National Guard.
(6) Repealed by Session Laws 1981, c. 636, s. 1. For proviso as to inchoate or accrued rights, see Editor's Note below.
(7) Notwithstanding any other provision of this Chapter, any member and any retired member as herein described may purchase creditable service in the Armed Forces of the United States, not otherwise allowed, by paying a total lump sum payment determined as follows:
a. For members
who completed 10 years of membership service, and retired members who completed
10 years of membership service prior to retirement, whose membership began on
or prior to July 1, 1981, and who make this purchase within three years after
first becoming eligible, the cost shall be an amount equal to the monthly
compensation the member earned when he the member first entered
membership service times the employee contribution rate at that time times the
months of service to be purchased, with sufficient interest added thereto so as
to equal one-half of the cost of allowing this service, plus an administrative
fee to be set by the Board of Trustees.
.…"
SECTION 102. G.S. 135-45.1(17) reads as rewritten:
"(17) National Guard members. - Members
of the North Carolina Army and Air National Guard who are not eligible
for any type of comprehensive group health insurance or other comprehensive
group health benefit coverage and who have been without any form of group
health insurance or other comprehensive group health benefit coverage for at
least six months. Members of the North Carolina Army and Air National
Guard include those who are actively serving in the North Carolina
National Guard as well as former members of the North Carolina National
Guard who have completed 20 or more years of service in the North Carolina
National Guard but have not attained the minimum age to begin receipt of a
uniformed service military retirement benefit. Comprehensive group health
insurance and other benefit coverage consists of inpatient and outpatient
hospital and medical benefits, as well as other outpatient medical services,
prescription drugs, medical supplies, and equipment that are generally
available in the health insurance market. Comprehensive group health insurance
and other benefit coverage includes Medicare benefits, Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) benefits, and other
Uniformed Services benefits. North Carolina National Guard units shall certify
the eligibility of their members to the Plan for their participation in its
benefits prior to enrollment."
SECTION 103. G.S. 135-45.12(d)(2) reads as rewritten:
"(2) In the event of
approved leave of absence without pay, other than for active duty in the armed
forces Armed Forces of the United States, coverage under this Plan
for an employee and his or her dependents may be continued during the period of
such leave of absence by the employee's paying one hundred percent (100%) of
the cost."
SECTION 104. G.S. 143-166.2(e) reads as rewritten:
"(e) The term
"spouse" shall mean the wife or husband of the deceased officer,
fireman, rescue squad worker or senior Civil Air Patrol member who survives him
and who was residing with such officer, fireman, rescue squad worker, or senior
Civil Air Patrol member at the time of and during the six months next preceding
the date of injury to such officer, fireman, rescue squad worker or senior
Civil Air Patrol member which resulted in his death and who also resided with
such officer, fireman, rescue squad worker or senior Civil Air Patrol member
from that date of injury up to and at the time of his death and who remains
unmarried during the time benefits are forthcoming; provided, however, the part
of this section requiring the spouse to have been residing with the deceased
officer, fireman, rescue squad worker or senior Civil Air Patrol member for six
months next preceding the date of the injury which resulted in his death shall
not apply where marriage occurred during this six-month period or where the
officer, fireman, rescue squad worker or senior Civil Air Patrol member was
absent during this six-month period due to service in the armed forces of
this country.Armed Forces of the United States."
SECTION 105. G.S. 143B-515(14) reads as rewritten:
"(14) Juvenile. - Except as provided in
subdivisions (7) and (22) of this section, any person who has not reached the
person's eighteenth birthday and is not married, emancipated, or a member of
the armed forces Armed Forces of the United States. Wherever the
term "juvenile" is used with reference to rights and privileges, that
term encompasses the attorney for the juvenile as well."
SECTION 106. G.S. 145-32 reads as rewritten:
"§ 145-32. Honor and Remember Flag.
The Honor and Remember Flag created by Honor and Remember,
Inc., is adopted as a symbol to honor and recognize members of the United
States Armed Forces of the United States who have died in the line
of duty."
SECTION 107. G.S. 147-33.2 reads as rewritten:
"§ 147-33.2. Emergency war powers of the Governor.
Upon his the Governor's own initiative, or on
the request or recommendation of the President of the United States, the army,
navy United States Army, Navy, or any other branch of the armed
forces Armed Forces of the United States, the federal Director of
Civilian Defense, or any other federal officer, department or agency having
duties and responsibilities related to the prosecution of the war or the
health, welfare, safety and protection of the civilian population, whenever in his
the Governor's judgment any such action is in the public interest
and is necessary for the protection of the lives or property of the people of
the State, or for the defense and security of the State or nation, or for the
proper conduct of the war and the successful prosecution thereof, the Governor
may, with the approval of the Council of State, at any time and from time to
time during the existing state of war:
…
(6) Authorize any
department or agency of the State to lease or lend to the army, navy United
States Army, Navy, or any other branch of the armed forces Armed
Forces of the United States, any real or personal property of the State
upon such terms and conditions as he the Governor may impose, or,
on behalf of the State, to make a contract directly therefor.
(7) Authorize the temporary
transfer of personnel of the State for employment by the army, navy United
States Army, Navy, or any other branch of the armed forces Armed
Forces of the United States and fix the terms and conditions of such
transfers.
(8) At any time when
the General Assembly is not in session, suspend, or modify, in whole or in
part, generally or in its application to certain classes of persons, firms,
corporations or circumstances, any law, rule or regulation with reference to
the subjects hereinafter enumerated, when he the Governor shall
find and proclaim after such study, investigation or hearings as he the
Governor may direct, make or conduct, that the operation, enforcement or
application of such law, or any part thereof, materially hinders, impedes,
delays or interferes with the proper conduct of the war; said subjects being as
follows:
…
d. Whenever it should be certified by the Adjutant General of the State that emergency conditions require such procedure, the Governor, with the approval of the Council of State, shall have the power to call up and mobilize the State militia; to provide transportation and facilities for mobilization and full utilization of the State militia, in such emergency; and to allocate from the Contingency and Emergency Fund such amounts as may be necessary for such purposes during the period of such emergency;
…
(13) Hold and conduct hearings,
administer oaths and take testimony, issue subpoenas to compel the attendance
of witnesses and the production of relevant books, papers, records or
documents, in connection with any investigation made by him the
Governor under the authority of this Article."
SECTION 108. G.S. 157-53(f) reads as rewritten:
"(f) "Persons
engaged in national defense activities," as used in this Article shall
include: enlisted personnel in the armed services Armed Forces of
the United States and employees of the Defense Department assigned to duty at armed
forces reservations, posts or bases; bases of the Armed Forces of
the United States; and workers engaged or to be engaged in industries
connected with and essential to the National Defense Program; and shall include
the families of the aforesaid persons who are living with them."
SECTION 109. G.S. 161-10.1 reads as rewritten:
"§ 161-10.1.
Exemption of armed forces Armed Forces discharge documents and
certain other records needed in support of claims for veterans' benefits.
Any schedule of fees which is now or may be prescribed in Chapter 161 of the General Statutes or in G.S. 161-10 shall not apply to nor shall the same repeal any of the provisions of Article 5 of Chapter 47 of the General Statutes. Any schedule of fees which is now or may be hereafter prescribed in Chapter 161 of the General Statutes or as may appear in G.S. 161-10 shall not apply to nor shall the same repeal any of the provisions of G.S. 165-11."
SECTION 110. G.S. 163-27.1(3) reads as rewritten:
"(3) An armed conflict
involving United States armed forces, Armed Forces of the United
States, or mobilization of those forces, including State North
Carolina National Guard and reserve components of the Armed Forces of
the United States."
SECTION 111. G.S. 163-82.21 reads as rewritten:
"§ 163-82.21. Voter registration at military recruitment offices.
The Executive Director, jointly with the Department of
Defense, shall develop and implement procedures for persons to apply to
register to vote at recruitment offices of the armed forces Armed
Forces of the United States in compliance with section 7(c) of the National
Voter Registration Act."
SECTION 112. G.S. 165-3(4)b. reads as rewritten:
"b. For
entitlement to the services of the Department of Administration, any person who
may be entitled to any benefits or rights under the laws of the United States
by reason of service in the armed forces Armed Forces of the
United States."
SECTION 113. G.S. 165-13 reads as rewritten:
"§ 165-13. Definition.
As used in this Article, "veteran" means any person
who may be entitled to any benefits or rights under the laws of the United
States, by reason of service in the armed forces Armed Forces of
the United States."
SECTION 114. G.S. 165-17 reads as rewritten:
"§ 165-17. Definition.
As used in this Article, "veteran" means any person
who may be entitled to any benefits or rights under the laws of the United
States, by reason of service in the armed forces Armed Forces of
the United States."
SECTION 115. G.S. 165-20 reads as rewritten:
"§ 165-20. Definitions.
As used in this Article the terms defined in this section shall have the following meaning:
(1) "Active
federal service" means full-time duty in the armed forces Armed
Forces other than active duty for training; however, if disability or death
occurs while on active duty for training (i) as a direct result of armed
conflict or (ii) while engaged in extra-hazardous service, including such
service under conditions simulating war, such active duty for training shall be
considered as active federal service.
(2) "Armed
forces" "Armed Forces" means the army, navy,
marine corps, air force and coast guard, United States Army, Navy,
Marine Corps, Air Force, and Coast Guard, including their reserve
components.
(3) "Child" means a person: (i) under 25 years of age at the time of application for a scholarship, (ii) who is a domiciliary of North Carolina and is a resident of North Carolina when applying for a scholarship, (iii) who has completed high school or its equivalent prior to receipt of a scholarship awarded under this Article, (iv) who has complied with the requirements of the Selective Service System, if applicable, and (v) who further meets one of the following requirements:
a. A person
whose veteran parent was a legal resident of North Carolina at the time of said
veteran's entrance into that period of service in the armed forces Armed
Forces during which eligibility is established under G.S. 165-22.
…
(4) "Period of war" and "wartime" shall mean any of the periods or circumstances as defined below:
a. World War
I, meaning (i) the period beginning on April 6, 1917 and ending on November 11,
1918, and (ii) in the case of a veteran who served with the United States
armed forces Armed Forces in Russia, the period beginning on April
6, 1917 and ending on April 1, 1920.
b. World War II, meaning the period beginning on December 7, 1941 and ending on December 31, 1946.
c. Korean Conflict, meaning the period beginning on June 27, 1950 and ending on January 31, 1955.
d. Vietnam era, meaning the period beginning on August 5, 1964, and ending on May 7, 1975.
d1. Persian Gulf War, meaning the period beginning on August 2, 1990, and ending on the date prescribed by Presidential proclamation or concurrent resolution of the United States Congress.
e. Any period
of service in the armed forces Armed Forces during which the
veteran parent of an applicant for a scholarship under this Article suffered
death or disability (i) as a direct result of armed conflict or (ii) while
engaged in extra-hazardous service, including such service under conditions
simulating war.
…
(7)
"Veteran" means a person who served as a member of the armed
forces of the United States Armed Forces in active federal service
during a period of war and who was separated from the armed forces Armed
Forces under conditions other than dishonorable. A person who was separated
from the armed forces Armed Forces under conditions other than
dishonorable and whose death or disability was incurred (i) as a direct result
of armed conflict or (ii) while engaged in extra-hazardous service, including
such service under conditions simulating war, shall also be deemed a
"veteran" and such death or disability shall be considered wartime
service-connected."
SECTION 116. G.S. 165-22 reads as rewritten:
"§ 165-22. Classes or categories of eligibility under which scholarships may be awarded.
A child, as defined in this Article, who falls within the
provisions of any eligibility class described below shall, upon proper
application be considered for a scholarship, subject to the provisions and
limitations set forth for the class under which he the child is
considered:
(1) Class I-A: Under this class a scholarship shall be awarded to any child whose veteran parent
a. Was killed
in action or died from wounds or other causes not due to his the
parent's own willful misconduct while a member of the armed forces during a
period of war, or
b. Has died of
service-connected injuries, wounds, illness or other causes incurred or
aggravated during wartime service in the armed forces, Armed Forces,
as rated by the United States Department of Veterans Affairs.
…
(3) Class II: Under this class a scholarship may be awarded to not more than 100 children yearly, each of whose veteran parent, at the time the benefits pursuant to this Article are sought to be availed of:
a. Is or was
at the time of his the parent's death receiving compensation for
a wartime service-connected disability of twenty percent (20%) or more, but
less than one hundred percent (100%), as rated by the United States Department
of Veterans Affairs, or
b. Was awarded a Purple Heart for wounds received as a result of an act of any opposing armed force, as a result of an international terrorist attack, or as a result of military operations while serving as part of a peacekeeping force.
…
(5) Class IV: Under
this class a scholarship as defined in G.S. 165-21 shall be awarded to any
child whose parent, while serving honorably as a member of the armed forces
of the United States Armed Forces in active federal service during a
period of war, as defined in G.S. 165-20(4), was listed by the United
States government as (i) missing in action, (ii) captured in line of duty by a
hostile force, or (iii) forcibly detained or interned in line of duty by a
foreign government or power."
SECTION 117. G.S. 165-24 reads as rewritten:
"§ 165-24. Finding and declaration of necessity.
It is hereby declared that conditions resulting from the
concentration in various cities and towns of the State having a population of
more than one hundred thousand inhabitants of persons serving in the armed
forces Armed Forces of the United States in connection with the
present war, or who after having served in the armed services Armed
Forces of the United States during the present war, or previously have been
honorably discharged, require the construction, maintenance and operation of
adequate recreation facilities for the use of such persons; that it is in the
public interest that adequate recreation facilities be provided in such
concentrated centers; and the necessity, in the public interest, for the
provisions hereinafter enacted is hereby declared as a matter of legislative
determination."
SECTION 118. G.S. 165-25(10) reads as rewritten:
"(10) "Veteran" shall include
every person who has enlisted or who has been inducted, warranted or
commissioned, and who served honorably in active duty in the military or
naval service of the United States at any time, and who is honorably
separated or discharged from such service, or who, at the time of making use of
the facilities, is still in active service, or has been retired, or who has
been furloughed to a reserve. This definition shall be liberally construed,
with a view completely to effectuate the purpose and intent of this
Article."
SECTION 119. G.S. 165-39 reads as rewritten:
"§ 165-39. Validity of acts of agent performed after death of principal.
No agency created by a power of attorney in writing given by
a principal who is at the time of execution, or who, after executing such power
of attorney, becomes, either (i) a member of the armed forces Armed
Forces of the United States, or (ii) a person serving as a merchant seaman
outside the limits of the United States, included within the several states and
the District of Columbia; or (iii) a person outside said limits by permission,
assignment or direction of any department or official of the United States government,
in connection with any activity pertaining to or connected with the prosecution
of any war in which the United States is then engaged, shall be revoked or
terminated by the death of the principal, as to the agent or other person who,
without actual knowledge or actual notice of the death of the principal, shall
have acted or shall act, in good faith, under or in reliance upon such power of
attorney or agency, and any action so taken, unless otherwise invalid or
unenforceable, shall be binding on the heirs, devisees, legatees, or personal
representatives of the principal."
SECTION 120. G.S. 165-43 reads as rewritten:
"§ 165-43.
Protecting status of State employees in armed forces, Armed Forces,
etc.
Any employee of the State of North Carolina, who has been
granted a leave of absence for service in either (i) the armed forces Armed
Forces of the United States; or (ii) the merchant marine of the United
States; United States Merchant Marine; or (iii) outside the
continental United States with the Red Cross, shall, upon return to State
employment, if reemployed in the same position and if within the time limits
set forth in the leave of absence, receive an annual salary of at least (i) the
annual salary the employee was receiving at the time such leave was granted;
plus (ii) an amount obtained by multiplying the step increment applicable to
the employee's classification as provided in the classification and salary plan
for State employees by the number of years of such service, counting a fraction
of a year as a year; provided that no such employee shall receive a salary in
excess of the top of the salary range applicable to the classification to which
such employee is assigned upon return."
SECTION 121. G.S. 165-44 reads as rewritten:
"§ 165-44. Korean and Vietnam veterans; benefits and privileges.
(a) All benefits and privileges now granted by the laws of this State to veterans of World War I and World War II and their dependents and next of kin are hereby extended and granted to veterans of the Korean Conflict and their dependents and next of kin.
For the purposes of this section, the term "veterans of
the Korean Conflict" means those persons serving in the armed
forces Armed Forces of the United States during the period beginning
on June 27, 1950, and ending on January 31, 1955.
(b) All benefits and privileges now granted by the laws of this State to veterans of World War I, World War II, the Korean Conflict, and their dependents and next of kin are hereby extended and granted to veterans of the Vietnam era and their dependents and next of kin.
For purposes of this section, the term "veterans of the
Vietnam era" means those persons serving in the armed forces Armed
Forces of the United States during the period beginning August 5, 1964, and
ending on such date as shall be prescribed by Presidential proclamation or
concurrent resolution of the Congress."
SECTION 122. G.S. 165-44.01(d)(1) reads as rewritten:
"(1) Military service
medal. - Any medal, badge, ribbon, or other decoration awarded by the active or
reserve components of the armed forces Armed Forces of the United
States, the North Carolina Air National Guard, or the North Carolina Army
National Guard States or the North Carolina National Guard to
members of those forces."
SECTION 123. The title of Article 7A of Chapter 165 of the General Statutes reads as rewritten:
"Article 7A.
Priority in Employment Assistance for United States
Armed Forces Veterans.Veterans of the Armed Forces of the United States."
SECTION 124. G.S. 165-44.2 reads as rewritten:
"§ 165-44.2. Veteran defined.
For the purposes of this Article, "veteran" means a
person who served on active duty (other than for training) in any component of
the United States Armed Forces of the United States for a period
of 180 days or more, unless released earlier because of service-connected
disability, and who was discharged or released from the armed forces Armed
Forces of the United States under honorable conditions."
SECTION 125. G.S. 165-51 reads as rewritten:
"§ 165-51. Program staff.
The Division shall appoint and fix the salary of an
Administrative Officer for the State veterans home program. The Administrative
Officer shall be an honorably discharged veteran who has served in active
military service in the armed forces Armed Forces of the United
States for other than training purposes. The Administrative Officer shall
direct the establishment of the State veterans home program, coordinate the
master planning, land acquisition, and construction of all State veterans homes
under the procedures of the Office of State Construction, and oversee the
ongoing operation of said veterans homes. The Division may hire any required
additional administrative staff to help with administrative and operational
responsibilities at each established State Veterans Home. veterans
home."
SECTION 126. G.S. 165-53(a) reads as rewritten:
"(a) To be eligible for admission to a State veterans home, an applicant shall meet the following requirements:
(1) The veteran
shall have served in the active armed forces Armed Forces of the
United States for other than training purposes;
(2) The veteran
shall have been discharged from the armed forces Armed Forces of the
United States under honorable conditions;
(3) The veteran shall be disabled by age, disease, or other reason as determined through a physical examination by a State veterans home physician; and
(4) The veteran shall have resided in the State of North Carolina for two years immediately prior to the date of application."
SECTION 127.(a) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "Armed Forces of the United States" for the following terms, wherever these terms appear in the General Statutes, when referring to the Armed Forces of the United States:
(1) "armed forces."
(2) "Armed Forces."
(3) "armed forces of the United States."
(4) "armed services of the United States."
(5) "United States armed services."
(6) "United States armed forces."
(7) "United States Armed Forces."
(8) "U.S. armed forces."
(9) "U.S. Armed Forces."
SECTION 127.(b) The Revisor of Statutes is authorized to insert, consistent with this act, the words "United States" before references to the "army," "navy," "marine corps," "coast guard," and "air force," wherever these terms appear in the General Statutes, when referring to a branch or branches of the Armed Forces of the United States, and to capitalize those terms.
SECTION 127.(c) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "North Carolina National Guard" for the terms "National Guard," "national guard," and "guard," wherever these terms appear in the General Statutes, when referring to the North Carolina National Guard.
SECTION 128. Except as provided in subsection (c) of Section 69 of this act, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:19 a.m. this 20th day of June, 2011