North Carolina § 143B-1310 - Commission established; purpose; transaction of business.

§ 143B-1310. Commission established; purpose; transaction of business.

Establishment. - There is established the North Carolina Military Affairs Commission. The Commission shall be assigned to the Department of Military and Veterans Affairs solely for purposes of G.S. 143B-14(a). As authorized by G.S. 143B-14(b), the Commission shall exercise all its powers, duties, and functions independently. Notwithstanding G.S. 143B-14(d), the Secretary of Military and Veterans Affairs shall not perform any of the Commission's management functions. Consistent with G.S. 143B-14(a), the Department of Military and Veterans Affairs shall provide the following administrative services to the Commission: Noticing and providing space for meetings of the Commission and its committees. Taking minutes of the Commission's meetings. Reimbursing per diem, subsistence, and travel expenses pursuant to G.S. 143B-1311(h). Serving as a liaison among the committees of the Commission. Any other administrative services requested by the Commission. Purpose. - The Commission shall provide advice, counsel, and recommendations to the General Assembly, the Secretary of Military and Veterans Affairs, and other State agencies on initiatives, programs, and legislation that will continue and increase the role that North Carolina's military installations, the National Guard, and Reserves play in America's defense strategy and the economic health and vitality of the State. The Commission is authorized to do all of the following: Coordinate and provide recommendations to the Governor, General Assembly, and State agencies to protect North Carolina's military installations from encroachment or other initiatives that could result in degradation or restrictions to military operations, training ranges, or low-level routes. Cooperate with military installations to facilitate the military mission, training, and continued presence of major military installations in the State and notify the commanding military officer of a military installation and the governing body in affected counties and municipalities of any economic development or other projects that may impact military installations. Identify and support ways to provide a sound infrastructure, adequate housing and education, and transition support into North Carolina's workforce for military members and their families, military retirees, and veterans. Lead the State's initiative to prepare for the next round of Base Realignment and Closure (BRAC), as defined by the Governor and the General Assembly, with input from local military communities. Identify and support economic development organizations and initiatives that focus on leveraging the military and other business opportunities to help create jobs and expand defense and homeland security related economic development activity in North Carolina. Assist military installations located within the State by coordinating with commanders, communities, and State and federal agencies on affairs that affect military installations and may require State coordination and assistance. Support the long-term goal of a viable and prosperous military presence in the State, which shall include development of comprehensive economic impact studies of military activities in North Carolina, updated every two years with recommendations for initiatives to support this goal. Support the Army's Compatible Use Buffer Program, the Working Lands Group, and related initiatives. Adopt processes to ensure that all planning, coordination, and actions are conducted with timely consideration having been given to relevant military readiness or training concerns and with appropriate communications with all potentially affected military entities. Share information and coordinate efforts with the North Carolina congressional delegation and other federal agencies, as appropriate. Any other issue or matter that the Commission deems essential to fulfilling its purpose. Transaction of Business. - The Commission shall meet, at a minimum, at least once during each quarter and shall provide a report on military affairs to the Secretary of Military and Veterans Affairs and to the General Assembly at least every six months. Prior to the start of a Regular Session of the General Assembly, the Commission shall report to the General Assembly with recommendations, if any, for legislation. Priority actions or issues may be submitted at any time. Meetings and Records. - In accordance with Article 33C of Chapter 143 of the General Statutes and Chapter 132 of the General Statutes, the Commission may withhold documents and discussions related to the federal government's process to determine closure or realignment of military installations withheld from public inspection so long as public inspection would frustrate the purpose of confidentiality. History (2001-424, s. 12.1; 2013-227, s. 2; 2014-79, s. 6; 2015-241, s. 24.1( l ), (w); 2015-268, s. 7.3(a); 2017-57, s. 19.1(b).) Editor's Note. - This Part is former Chapter 127C (G.S. 127C-1 through 127C-5) as recodified by Session Laws 2015-241, s. 24.1( l ). Where appropriate, the historical citations to the sections in the former article have been added to the corresponding sections in this part as recodified. Former G.S. 127C-1 was recodified by Session Laws 2015-241, s. 24.1( l ), as G.S. 143B-1310. Session Laws 2005-445, ss. 1.1 to 1A.2, effective July 1, 2006, provide: "PART I. Findings. "SECTION 1.1. The General Assembly expresses its appreciation to the Department of Defense for the military bases and installations that are located in the State of North Carolina and that are vital parts of the national defense of the United States. "SECTION 1.2. The General Assembly declares its full support for its military installations and acknowledges the important role of the military in North Carolina's economy. "SECTION 1.3. The General Assembly has enacted several recent acts to accommodate the military and intends to continue: "(1) S.L. 2004-203, Section 80 (deployed personnel get extension to renew occupational licenses). "(2) S.L. 2004-130 (active duty personnel get in-State tuition rate at universities and community colleges; dependent relative continues to receive in-State rate if member reassigned; nonresident North Carolina National Guard members get in-State rate). "(3) S.L. 2003-152 (DMV to have a military designation for drivers licenses; allow renewal by mail). "(4) S.L. 2003-248 (allow redaction of personal identifying information from military discharges filed with register of deeds). "(5) S.L. 2003-300 (extend drivers license to 90 days following end of deployment; waive civil penalties and fees for lapsed motor vehicle liability insurance; extend property tax filing deadline; extend property listing deadline; grant full refund of tuition and fees from UNC system and community colleges if deployed; waive repayment of North Carolina Legislative Tuition Grants if student called to active duty). "PART IA. MILITARY MORALE, RECREATION AND WELFARE FUNDS, CONSERVATION GRANT FUNDS. "SECTION 1A.1.(a) There is appropriated from the General Fund to a Reserve for the Military Morale, Recreation, and Welfare Fund in the Office of State Budget and Management for the 2006-2007 fiscal year the sum of one million dollars ($1,000,000). "SECTION 1A.1.(b) The Office of State Budget and Management shall distribute for the purposes described in this section the amount appropriated by subsection (a) of this section. That amount shall be distributed to each military installation on a per capita basis. "SECTION 1A.1.(c) Funds distributed to a military installation exchange under this section must be deposited in the Military Morale, Recreation, and Welfare Fund for that installation and used only for community services and other expenditures to improve quality of life programs for military members and their families in North Carolina. "SECTION 1A.2. There is appropriated from the General Fund to the Conservation Grant Fund established under G.S. 113A-232 for the 2006-2007 fiscal year the sum of one million dollars ($1,000,000). Funds distributed to the Conservation Grant Fund under this section must be used for compatible land use and conservation easement type acquisitions of land adjacent to military bases and flyways." Session Laws 2013-206, s. 3, provides: "The North Carolina Advisory Commission on Military Affairs, or its successor, shall study the feasibility and desirability of creating a 'North Carolina Military Clearinghouse' to protect the mission capabilities of the major military installations in the State from incompatible development through collaboration with military, federal, State, local government, and private stakeholders to prevent, minimize, or mitigate adverse impacts on military operations, readiness, and testing. The Commission shall report its findings and recommendations, including legislative proposals, to the Governor and the General Assembly on or before the convening of the 2014 Session of the 2013 General Assembly." Session Laws 2013-227, s. 1, provides: "The North Carolina Advisory Commission on Military Affairs is hereby abolished." Session Laws 2013-227, s. 2, effective August 1, 2013, rewrote the Chapter 127C heading, which formerly read "Advisory Commission on Military Affairs." 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( l ), and amendment by Session Laws 2015-241, s. 24.1(w), 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 2013-227, s. 2, effective August 1, 2013, rewrote the section, which formerly read: "There is created in the Office of the Governor the North Carolina Advisory Commission on Military Affairs to advise the Governor and the Secretary of Commerce on protecting the existing military infrastructure in this State and to promote new military missions and economic opportunities for the State and its citizens." Session Laws 2014-79, s. 6, effective July 22, 2014, added subsection (d). Session Laws 2015-241, s. 24.1(w), effective July 1, 2015, rewrote subsection (a); in subsection (b), in the introductory paragraph, deleted "the Governor" preceding "the General Assembly" and substituted "Secretary of Military and Veterans Affairs" for "Secretary of Commerce" in the first sentence, and added "do all of the following, as delegated by the Secretary of Military and Veterans Affairs" at the end of the second sentence; and substituted "Secretary of Military and Veterans Affairs" for "Governor" in subsection (c). For effective date, see editor's note. Session Laws 2017-57, s. 19.1(b), effective July 1, 2017, rewrote subsection (a) which formerly read: "Establishment. - There is established the North Carolina Military Affairs Commission. The Commission shall be established within the Department of Military and Veterans Affairs."; deleted "as delegated by the Secretary of Military and Veterans Affairs:" at the end of the last sentence in subsection (b).