North Carolina § 143B-1224 - Definitions.

§ 143B-1224. Definitions.

As used in this Part the terms defined in this section shall have the following meaning: "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 (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. "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including their reserve components. "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 Part, (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 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 during which eligibility is established under G.S. 143B-1226. A veteran's child who was born in North Carolina and has been a resident of North Carolina continuously since birth. Provided, that the requirement in the preceding sentence as to birth in North Carolina may be waived by the Department of Military and Veterans 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. A person meeting either of the requirements set forth in subdivision (3) a or b above, and who is a child, as that term is defined in 37 U.S.C. § 401. "Period of war" and "wartime" shall mean any of the periods or circumstances as defined below: 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 Armed Forces in Russia, the period beginning on April 6, 1917 and ending on April 1, 1920. World War II, meaning the period beginning on December 7, 1941 and ending on December 31, 1946. Korean Conflict, meaning the period beginning on June 27, 1950 and ending on January 31, 1955. Vietnam era, meaning the period beginning on August 5, 1964, and ending on May 7, 1975. 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. Any period of service in the Armed Forces during which the veteran parent of an applicant for a scholarship under this Part 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. "Private educational institution" means any junior college, senior college or university which is operated and governed by private interests not under the control of the federal, State or any local government, which is located within the State of North Carolina, which does not operate for profit, whose curriculum is primarily directed toward the awarding of associate, baccalaureate or graduate degrees, which agrees to the applicable administration and funding provisions of G.S. 143B-1227, of this Part, and which is otherwise approved by the State Board of Veterans Affairs. "State educational institution" means any constituent institution of The University of North Carolina, or any community college operated under the provisions of Chapter 115D of the General Statutes of North Carolina. "Veteran" means a person who served as a member of the Armed Forces in active federal service during a period of war and who was either separated from the Armed Forces under honorable conditions or who is currently serving in a second or subsequent enlistment. A person who was separated from the Armed Forces under honorable conditions 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, is also a "veteran" and the death or disability is wartime service-connected. History (1967, c. 1060, s. 8; 1969, c. 720, s. 3; c. 741, ss. 1, 2; 1971, c. 339; 1973, c. 620, s. 9; c. 755; 1975, c. 160, s. 1; 1977, c. 70, s. 27; 1985, c. 39, s. 2; c. 788; 1989, c. 767, s. 1; 1991, c. 549, s. 1; 2001-424, s. 7.1(a); 2002-126, s. 19.3(a); 2008-107, s. 19.2(b); 2008-187, s. 48; 2008-192, s. 11; 2011-183, s. 115; 2015-241, s. 24.1(c), (hh); 2015-268, s. 7.3(a); 2017-57, s. 19.2(a); 2019-201, s. 4(a).) Editor's Note. - Former G.S. 165-20 was recodified by Session Laws 2015-241, s. 24.1(c), as G.S. 143B-1224. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" throughout the section. 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(hh), 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. Effect of Amendments. - Session Laws 2015-241, s. 24.1(hh), effective July 1, 2015, substituted "G.S. 143B-1226" for "G.S. 165-22" in subdivision (3)a.; substituted "Department of Military and Veterans Affairs" for "Department of Administration" in the first sentence of subdivision (3)b.; and substituted "G.S. 143B-1227" for "G.S. 165-22.1" in subdivision (5). For effective date, see editor's note. Session Laws 2017-57, s. 19.2(a), effective July 1, 2017, rewrote subdivision (7) which formerly read: "Veteran" means a person who served as a member of the Armed Forces 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 (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." Session Laws 2019-201, s. 4(a), effective August 23, 2019, substituted "is a child, as that term is defined in 37 U.S.C. § 401" for "was legally adopted by the veteran prior to said person's reaching the age of 15 years" in sub-subdivision (3)c.