North Carolina § 143B-1220 - Veterans' Affairs Commission - creation, powers and duties.

§ 143B-1220. Veterans' Affairs Commission - creation, powers and duties.

There is hereby created the Veterans' Affairs Commission of the Department of Military and Veterans Affairs. The Veterans' Affairs Commission shall have the following functions and duties, as delegated by the Secretary of Military and Veterans Affairs: To advise the Secretary of Military and Veterans Affairs on matters relating to the affairs of veterans in North Carolina; To maintain a continuing review of the operation and budgeting of existing programs for veterans and their dependents in the State and to make any recommendations to the Secretary of Military and Veterans Affairs for improvements and additions to such matters to which the Secretary shall give due consideration; To promulgate rules and regulations concerning the awarding of scholarships for children of North Carolina veterans as provided by this Article. The Commission shall make rules and regulations consistent with the provisions of this Article. All rules and regulations not inconsistent with the provisions of this Chapter heretofore adopted by the State Board of Veterans' Affairs shall remain in full force and effect unless and until repealed or superseded by action of the Veterans' Affairs Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Military and Veterans Affairs; and Repealed by Session Laws 2020-78, s. 17.2, effective July 1, 2020. To advise the Secretary on any matter the Secretary may refer to it. History (1973, c. 620, s. 7; 1977, c. 70, ss. 24, 25, 27; c. 622; 1991 (Reg. Sess., 1992), c. 998, s. 1; 1993, c. 553, s. 47; 2015-241, s. 24.1(c), (bb); 2015-268, s. 7.3(a); 2020-78, s. 17.2.) Editor's Note. - This section was formerly G.S. 143B-252. It was recodified as G.S. 143B-399 by Session Laws 1977, c. 70. Former G.S. 143B-399 was recodified by Session Laws 2015-241, s. 24.1(c), as G.S. 143B-1220. This Part is former Part 13 of Article 9 of Chapter 143B (G.S. 143B-399 through 143B-401) and former Article 4 of Chapter 165 (G.S. 165-19 through 165-22.1) as recodified by Session Laws 2015-241, s. 24.1(c). Where appropriate, the historical citations to the sections in the former part have been added to the corresponding sections in this part as recodified. Some subsections were redesignated during the recodification of this part at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made the recodification of this section by Session Laws 2015-241, s. 24.1(c), and amendment by Session Laws 2015-241, s. 24.1(bb), effective July 1, 2015. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2020-78, s. 17.4(a), (b), provides: "(a) There is established the North Carolina Veterans Cemeteries Trust Fund (hereinafter "Fund”), a special fund within the Department of Military and Veterans Affairs. The Fund shall be maintained as a special fund and shall be administered by the Department to carry out the provisions of this section. Interest accruing from the monies in the Fund shall be credited to the Fund. The Fund shall consist of the following sources of funding: "(1) All interest and investment earnings received on monies in the Fund. "(2) Any other funds, as directed by the General Assembly. "(b) The funds in the Fund shall be allowed to accumulate until they have generated sufficient interest earnings to maintain the State's veterans' cemeteries once they have reached full capacity. The interest earnings in the Fund shall be used to maintain existing veterans' cemeteries once they have reached full capacity, but the principal shall not be spent. The interest earnings in the Fund shall not be used to open new veterans' cemeteries. The Veterans Affairs Commission shall have sole authority to approve the use of the Fund for the purposes authorized in this subsection, and they shall, in exercising that authority, act without direction from or supervision of the Secretary.” Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 24.1(bb), effective July 1, 2015, in the introductory language, substituted "Department of Military and Veterans Affairs" for "Department of Administration" in the first sentence, and added "as delegated by the Secretary of Military and Veterans Affairs" in the second sentence; substituted "Secretary of Military and Veterans Affairs" for "Governor" in subdivision (1); in subdivision (2), substituted "Secretary of Military and Veterans Affairs" for the first occurrence of "Governor" and substituted "Secretary" for the second occurrence; deleted former subdivision (3), which read: "To serve collectively as a liaison between the Division of Veterans Affairs and the veterans organizations represented on the Commission"; in subdivision (3), substituted "this Article" for "Article 4 of Chapter 165 of the General Statutes of North Carolina" in the first sentence, substituted "Article" for "Chapter" in the second sentence, substituted "Veterans' Affairs Commission" for "Veterans Affairs Commission" in the third sentence, and substituted "Department of Military and Veterans Affairs" for "Division of Veterans' Affairs" in the last sentence; substituted "Department of Military and Veterans Affairs" for "Division of Veterans' Affairs" in the last sentence of subdivision (4); and substituted "Secretary" for "Governor" twice in subdivision (5). For effective date, see editor's note. Session Laws 2020-78, s. 17.2, effective July 1, 2020, deleted subdivision (4), which read: "(4) To promulgate rules concerning the awarding of the North Carolina Services Medal to all veterans who have served in any period of war as defined in 38 U.S.C. § 101. The award shall be self-financing; those who wish to be awarded the medal shall pay a fee to cover the expenses of producing the medal and awarding the medal. All rules adopted by the Commission with respect to the North Carolina Services Medal shall be implemented and enforced by the Department of Military and Veterans Affairs; and" and made a related stylistic change.