NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1060

HOUSE BILL 467

 

 

AN ACT TO AMEND PORTIONS OF CHAPTER 165 RELATING TO VETERANS, AND TO REWRITE AND RECODIFY INTO CHAPTER 165 THE PRESENT ARTICLE 15 OF CHAPTER 116 RELATING TO SCHOLARSHIPS FOR VETERANS' CHILDREN.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 1 of Chapter 165 of the General Statutes, as the same appears in the 1964 Replacement Volume 3D, is hereby rewritten to read as follows:

"Article 1.

"North Carolina Department of Veterans Affairs

"§ 165-1.  North Carolina Veterans Commission Renamed. The North Carolina Veterans Commission is hereby renamed the North Carolina Department of Veterans Affairs. The Department shall assume all duties, responsibilities and powers formerly exercised by the Veterans Commission, and shall further exercise those powers and duties prescribed in this Article and elsewhere in the General Statutes.

"§ 165-2.  References Changed. Wherever in the General Statutes the words 'North Carolina Veterans Commission' appear, the same shall be stricken out and the words 'North Carolina Department of Veterans Affairs' inserted in lieu thereof.

"§ 165-3.  Definitions. Wherever used in this Article, unless the context otherwise requires, the terms defined in this Section shall have the following meaning:

(a)        'Department' means the North Carolina Department of Veterans Affairs, an agency of the government of the State of North Carolina.

(b)        'Board' means the State Board of Veterans Affairs.

(c)        'Director' means the State Director of Veterans Affairs.

(d)        'Veteran' means

(1)        For qualifying as a voting member of the State Board of Veterans Affairs and as the State Director of Veterans Affairs, a person who served honorably during a period of war as denned in Title 38, United States Code.

(2)        For entitlement to the services of the Department of Veterans Affairs, any person who may be entitled to any benefits or rights under the laws of the United States by reason of service in the Armed Forces of the United States.

(e)        'Veterans Organization' means any organization of veterans which has been chartered by an act of the United States Congress and is legally constituted and operating in this State pursuant to said Charter.

"§ 165-4.  Purpose. The purpose of this Article is to provide assistance to veterans, their families and their dependents, in obtaining or maintaining privileges, rights and benefits to which they are entitled under Federal, State or local laws.

"§ 165-5.  State Board of Veterans Affairs.

(a)        The Department shall be governed by a State Board of Veterans Affairs.

(b)        Membership on the Board shall consist of five voting members and representatives of major veterans organizations, as hereinafter provided:

(1)        There shall be five voting members who shall be veterans, and each shall be appointed by the Governor for a five-year term. These terms shall commence in successive years beginning May 17 of each year as previously provided for the Veterans Commission. Initially, the five voting members shall be the same five persons who are serving as voting members of the Veterans Commission at the time of ratification of this Act, and appointments to the Board of Veterans Affairs shall be made as the Veterans Commission terms expire.

(2)        Both major political parties in the State shall be represented on the voting membership of the Board.

(3)        Each voting member shall continue to serve after the expiration of his term until his successor is appointed and qualifies.

(4)        Any vacancy occurring prior to the expiration of a voting member's term shall be filled by appointment by the Governor for the unexpired term.

(5)        Failure of a voting member to attend any meetings of the Board within a one‑year period shall constitute grounds for disqualification of said member and the Governor may, in his discretion, declare the position vacant and appoint a new member to serve out the unexpired term of the disqualified member.

(6)        The Department Commander or official head of each veterans organization shall be, ex officio, a member of the Board, but shall have no vote on matters coming before the Board.

(c)        The Board shall select one of its voting members to serve as Chairman.

(d)        The Board shall meet four times every calendar year and may be convoked at such other times as the Governor or Chairman may deem necessary.

(e)        All members of the Board shall receive a per diem allowance while attending meetings of the Board and shall be allowed travel and subsistence expenses incurred in the discharge of official business. The per diem, travel and subsistence expenses shall be at such rate and in such amount as prescribed by the Director of the Budget pursuant to applicable provisions of law.

"§ 165-6.  Powers and Duties of the Department. In furtherance of the stated purpose of this Article, the Department is hereby authorized and empowered to do the following:

(a)        To assist veterans, their families, and dependents in the presentation, processing, proof, and establishment of such claims, privileges, rights, and benefits as they may be entitled to under Federal, State, or local laws, rules, and regulations.

(b)        To aid persons in active military service and their dependents with problems arising out of said service which come reasonably within the purview of the Department's program of assistance.

(c)        To collect data and information as to the facilities and services available to veterans, their families, and dependents and to cooperate with agencies furnishing information or services throughout the State in order to inform such agencies regarding the availability of (i) education, training and retraining facilities, (ii) health, medical, rehabilitation, and housing services and facilities, (iii) employment and re-employment services, (iv) provisions of Federal, State, and local laws, rules, and regulations affording rights, privileges, and benefits to veterans, their families, and dependents, and in respect to such other matters of similar, related, or appropriate nature not herein set out.

(d)        To establish such field offices, facilities and services throughout the State as may be necessary to carry out the purposes of this Article.

(e)        To cooperate, as the Department deems appropriate, with governmental, private and civic agencies and instrumentalities in securing services or benefits for veterans, their families, dependents and beneficiaries.

(f)         To accept any property, funds, service, or facilities from any source, public or private, granted in aid or furtherance of the administration of the provisions of this Article.

(g)        To enter into any contract or agreement with any person, firm, or corporation, or governmental agency or instrumentality in furtherance of the purposes of this Article, and to make all rules and regulations necessary for the proper and effective administration of its duties.

(h)        It shall be the duty of the Department to train, supervise and assist the employees of any county, city or town who are engaged in veterans service. Authority is hereby granted the governing body of any county, city or town to appropriate such amounts as it may deem necessary to provide a veterans service program and the expenditure of such funds is hereby declared to be for a public purpose; such program shall be operated in affiliation with this Department and under its supervision as set forth above.

(i)         The Department may, in its discretion, contribute to each county an amount not to exceed one thousand dollars ($1,000.00) on a matching basis for any fiscal year for the maintenance and operation of a county veterans service program. Participating counties shall furnish the Department such reports, accountings and other information at such times and in such form as the Department may require.

(j)         The Department shall biennially prepare and submit to the Governor and the General Assembly a report of its activities during the preceding two years.

"§ 165-7.  Director and Employees.

(a)        The full-time management of the Department shall be under the direction of a State Director of Veterans Affairs. The Board shall elect, with the approval of the Governor, the Director who shall be a veteran of competency and ability. He shall serve for such time as his services are satisfactory to the Board and his salary shall be fixed by the Governor, subject to the approval of the Advisory Budget Commission.

(b)        The Director may, with the approval of the Board, employ an Assistant State Director of Veterans Affairs and such other personnel as may be necessary effectively to administer the provisions of this Article. In employing such persons, preference shall be given to veterans as defined in § 165-3(d)(1) of this Article.

"§ 165-8.  Quarters. The Department of Administration shall provide, in the City of Raleigh, adequate quarters for the central office of the Department of Veterans Affairs. The Department of Veterans Affairs shall procure suitable space for its field offices and other activities pursuant to applicable provisions of law and in accordance with rules adopted by the Governor with the approval of the Council of State.

"§ 165-9.  Appropriation. Appropriations for the Department shall be made from the General Fund of the State, and the Governor, with the approval of the Council of State, is hereby authorized and empowered to allocate from time to time from the Contingency and Emergency Fund, such funds as may be necessary to carry out the intent and purposes of this Article.

"§ 165-10.  Transfer of Veterans Activities. The Governor may transfer to the Department such funds, facilities, properties and activities now being held or administered by the State for the benefit of veterans, their families and dependents, as he may deem proper; provided, that the provisions of this Section shall not apply to the activities of the North Carolina Employment Security Commission in respect to veterans.

"§ 165-11.  Copies of Records to be Furnished to the North Carolina Department of Veterans Affairs.

(a)        Whenever copies of any State and local public records are requested by a representative of the North Carolina Department of Veterans Affairs in assisting persons in obtaining any Federal, State, local or privately provided benefits relating to veterans and their beneficiaries, the official charged with the custody of any such records shall without charge furnish said representative with the requested number of certified copies of such records; provided, that this Section shall not apply to the disclosure of information in certain privileged and confidential records referred to elsewhere in the General Statutes of North Carolina, which information shall continue to be disclosed in the manner prescribed by the statute relating thereto.

(b)        No official chargeable with the collection of any fee or charge under the laws of the State of North Carolina in connection with his official duties shall be held accountable on his official bond or otherwise for any fee or charge remitted pursuant to the provisions of this Section."

Sec. 2.  G.S. 165-13 is hereby amended to read as follows:

"§ 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 of the United States."

Sec. 3.  G.S. 165-14 is hereby amended by striking out the words "Servicemen's Readjustment Act" at the end of the sentence thereof, and substituting in lieu therefor the words "laws of the United States relating to veterans benefits."

Sec. 4.  G.S. 165-15 is hereby amended by striking out the words "Servicemen's Readjustment Act" in line 4 thereof, and substituting in lieu therefor the words "laws of the United States relating to veterans benefits."

Sec. 5.  G.S. 165-16 is hereby amended by striking out the words "Servicemen's Readjustment Act", wherever the words appear in the Section, and substituting in lieu therefor the words "laws of the United States relating to veterans benefits."

Sec. 6.  G.S. 165-17 is hereby amended to read as follows:

"§ 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 of the United States."

Sec. 7.  G.S. 165-18(a) is hereby amended by striking out the words "Servicemen's Readjustment Act of one thousand nine hundred and forty-four, or other statutes enacted in the interest of veterans, their families or dependents, and all laws, rules and regulations amendatory or supplemental thereto", contained in lines 7, 8, 9 and 10, and substituting in lieu therefor the words "laws of the United States relating to veterans benefits."

Sec. 8.  Article 4 of Chapter 165 of the General Statutes, as the same appears in 1964 Replacement Volume 3D, is hereby rewritten to read as follows:

"Article 4

"Scholarships for Children of War Veterans

"§ 165-19.  Purpose. In appreciation for the service and sacrifices of North Carolina's war veterans and as evidence of this State's concern for their children, there is hereby continued a revised program of scholarships for said children as set forth in this Article.

"§ 165-20.  Definitions. As used in this Article the terms defined in this Section shall have the following meaning:

(a)        'Veteran' means a person who served as a member of the Armed Forces of the United States in active Federal service during a period of war and who was separated from the Armed Forces under conditions other than dishonorable. A person who was separated from the Armed Forces under conditions other than dishonorable and whose death or disability was incurred (1) as a direct result of armed conflict or (2) 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.

(b)        'Armed Forces' means the Army, Navy, Marine Corps, Air Force and Coast Guard, including their reserve components.

(c)        'Active Federal Service' means full-time duty in the Armed Forces other than active duty for training; however, if disability or death occurs while on active duty for training (1) as a direct result of armed conflict or (2) 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.

(d)        'Period of war' and 'wartime' shall mean any of the periods or circumstances as defined below:

(1)        World War I, meaning (a) the period beginning on April 6, 1917 and ending on November 11, 1918, and (b) in the case of a veteran who served with the United States Armed Forces in Russia, the period beginning on April 6, 1917 and ending on April 1, 1920.

(2)        World War II, meaning the period beginning on December 7, 1941 and ending on December 31, 1946.

(3)        Korean Conflict, meaning the period beginning on June 27, 1950 and ending on January 31, 1955.

(4)        Any period of service in the Armed Forces during which the veteran parent of an applicant for a scholarship under this Article suffered death or disability (a) as a direct result of armed conflict or (b) while engaged in extra-hazardous service, including such service under conditions simulating war.

(e)        'Child' means a person who has completed high school or its equivalent prior to receipt of a scholarship as may be awarded under this Article and who further meets one of the following requirements:

(1)        A person whose veteran parent was a legal resident of North Carolina at the time of said veteran's entrance into the Armed Forces.

(2)        A veteran's child who was born in North Carolina and has lived in North Carolina continuously since birth. Provided, that the requirement in the preceding sentence as to birth in North Carolina may be waived by the North Carolina Department of Veteran's Affairs if it is shown to the satisfaction of the Department that the child's mother was a native-born resident of North Carolina and was such resident at the time of her marriage to the veteran and was outside the State temporarily at the time of the child's birth, following which the child was returned to North Carolina within a reasonable period of time where said child has since lived continuously.

(3)        A person meeting either of the requirements set forth in subsections (1) or (2) above, and who was legally adopted by the veteran prior to said person's reaching the age of six years and within 10 years of the veteran's entry on active duty for the period of war under which said person's entitlement to a scholarship is being considered.

(f)         'State Educational Institution' means any educational institution of higher learning which is owned and operated by the State of North Carolina, or any community college operated under the provisions of Article 3 of Chapter 116 of the General Statutes of North Carolina, or the North Carolina School of the Arts.

"§ 165-21.  Scholarship. (a) Unless expressly limited elsewhere in this Article, a scholarship granted pursuant to this Article shall consist of the following benefits in any State supported institution of higher education, including the Community Colleges and the college program of the North Carolina School of the Arts:

(1)        Tuition.

(2)        A reasonable board allowance.

(3)        A reasonable room allowance.

(4)        Such other items and institutional services as are embraced within the so called institutional matriculation fees and other special fees and charges required to be paid as a condition to remaining in said institution and pursuing the course of study selected.

(b)        Only one scholarship may be granted pursuant to this Article with respect to each child and it shall not extend for a longer period than four academic years, which years, however, need not be consecutive.

"§ 165-22.  Classes or Categories of Eligibility Under Which Scholarships May be Awarded. (a) 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 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 own wilful 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, as rated by the United States Veterans Administration.

(2)        Class I-B. Under this class a limited scholarship providing only those benefits set forth in Section 165-21(a)(1) and (4), and Section 165-21(b) of this Article, shall be awarded to any child whose veteran parent, at the time the benefits pursuant to this Article are sought to be availed of, is or was at the time of his death receiving compensation for a wartime service-connected disability of one hundred per cent (100%) as rated by the United States Veterans Administration. Provided, that if the veteran parent of a recipient under this class should die of his wartime service-connected condition before the recipient shall have utilized all of his scholarship eligibility time, then the North Carolina Department of Veterans Affairs shall amend the recipient's award from Class 1-B to Class 1-A for the remainder of the recipient's eligibility time. The effective date of such an amended award shall be determined by the North Carolina Department of Veterans Affairs, but, in no event, shall it predate the date of the veteran parent's death.

(3)        Class II: Under this class a scholarship may be awarded to not more than one hundred 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 death receiving compensation for a wartime service-connected disability of thirty per cent (30%) or more, but less than one hundred per cent (100%), as rated by the United States Veterans Administration, or

b.         Is or was at the time of his death receiving wartime compensation for a statutory award for arrested pulmonary tuberculosis, as rated by the United States Veterans Administration, or

c.         Was a prisoner of war for a period of at least six months and who was wounded in combat against an enemy of the United States of America during the time of war and is or was at the time of his death receiving: compensation for a wartime service-connected disability of twenty per cent (20%) or more, as rated by the United States Veterans Administration.

(4)        Class III: Under this class a scholarship may be awarded to not more than one hundred children yearly, each of whose veteran parent, at the time the benefits pursuant to this Article are sought to be availed of, is or was at the time of his death drawing pension for permanent and total disability, nonservice-connected, as rated by the United States Veterans Administration.

"§ 165-22.1.  Administration and Funding. The administration of the scholarship program shall be vested in the North Carolina Department of Veterans Affairs, and the disbursing and accounting activities required shall be a responsibility of the Department of Administration. The Department of Veterans Affairs shall determine the eligibility of applicants, select the scholarship recipients, establish the effective dates of scholarships, maintain necessary records, and promulgate such rules and regulations not inconsistent with the other provisions of this Article as it deems necessary for the orderly administration of the program. It may require of State educational institutions, as defined in this Article, such reports and other information as it may need to carry out the provisions of this Article. The Department of Administration shall disburse scholarship payments for recipients certified eligible by the Department of Veterans Affairs upon certification of enrollment by the enrolling institution.

Funds for the support of this program shall be appropriated to the Department of Administration as a reserve for payment of the allocable costs for room, board, tuition, and other charges, and shall be placed in a separate budget code from which disbursements shall be made. In the event the said appropriation for any year is insufficient to pay the full amounts allocable under the provisions of this Article, such supplemental sums as may be necessary shall be allocated from the Contingency and Emergency Fund. The method of disbursing and accounting for funds allocated for payments under the provisions of this Act shall be in accordance with those standards and procedures prescribed by the Director of the Budget, pursuant to the Executive Budget Act.

Allowances for room and board shall be at such rate as the Director of the Budget may determine to be reasonable."

Sec. 9.  Those persons who have been granted a scholarship under the proviso of G.S. 116-150, as the same appears in 1966 Replacement Volume 3A of the General Statutes, and who attend a State educational institution on or after July 1, 1967, shall be entitled for the remainder of their period of scholarship eligibility to those benefits now provided for in Class I-B, as that class is defined in G.S. 165-22(a)(2). All other persons who have been granted a scholarship under G.S. 116-150, as the same appears in the 1966 Replacement Volume 3A of the General Statutes, excluding those covered by the proviso referred to in the preceding sentence, and who attend a State educational institution on or after July 1, 1967, shall be entitled for the remainder of their period of scholarship eligibility to those benefits now provided for in G.S. 165-21.

Sec. 10.  Article 15 of Chapter 116 of the General Statutes, as the same appears in 1966 Replacement Volume 3A, and all other laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 11.  This Act shall be effective on and after July 1, 1967.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.