A BILL TO BE ENTITLED
AN ACT TO CREATE THE NORTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS.
The General Assembly of North Carolina enacts:
SECTION 1.  The title of Article 1 of Chapter 165 of the General Statutes reads as rewritten:
"Article 1.
Department of Veterans Affairs."
SECTION 2.  G.S. 165‑1 reads as rewritten:
"§ 165‑1.  North Carolina Veterans Commission renamed.
There is created the Department of Veterans Affairs, which shall be attached to the Office of the Governor for administrative purposes. The Department shall be headed by an Executive Director appointed by the Governor who shall be a veteran of competency and ability."
SECTION 3.  G.S. 165‑2 reads as rewritten:
"§ 165‑2.  References changed.

(a)	The Department of Veterans Affairs shall include the Veterans' Affairs Commission established by G.S. 143B‑399.
(b)	The Department of Veterans Affairs shall be responsible for providing services to veterans in accordance with this Chapter."
SECTION 4.  G.S. 165‑3 reads as rewritten:
"§ 165‑3.  Definitions.
Wherever used in this Article, unless the context otherwise requires, the terms defined in this section shall have the following meaning:
(1)	"Commission" means the Veterans Affairs Commission.
(2)	"Department" means the North Carolina Department of Veterans Affairs, an agency of the government of the State of North Carolina.
(3)	Repealed by Session Laws 1973, c. 620, s. 9.
(4)	"Veteran" means.
a.	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 defined in Title 38, United States Code.
b.	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.
(5)	"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."
SECTION 5.  G.S. 165‑6 reads as rewritten:
"§ 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:
(1)	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.
(2)	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.
(3)	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 reemployment 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.
(4)	To establish such field offices, facilities and services throughout the State as may be necessary to carry out the purposes of this Article.
(5)	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.
(6)	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.
(7)	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.
(8)	It shall be the duty of the Department to train, supervise and assist the employees of any county who are engaged in veteran's service. Authority is hereby granted the governing body of any county 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.
(9)	The Department may, in its discretion, contribute to each county an amount not to exceed five thousand dollars ($5,000) 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.
(10)	Repealed by Session Laws 1973, c. 620, s. 9."
SECTION 6.  G.S. 165‑8 reads as rewritten:
"§ 165‑8.  Quarters.
The Department of Veterans Affairs 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."
SECTION 7.  G.S. 165‑11 reads as rewritten:
"§ 165‑11.  Copies of records to be furnished to the Department ofVeterans Affairs.
(a)	Whenever copies of any State and local public records are requested by a representative of the 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."
SECTION 8.  G.S. 165‑11.1 reads as rewritten:
"§ 165‑11.1.  Confidentiality of Veterans Affairs records.
Notwithstanding any other provisions of Chapter 143B, no records of the Department of Veterans Affairs shall be disclosed or used for any purpose except for official purposes, and no records shall be disclosed, destroyed or used in any manner which is in violation of any existing federal law or regulation. Nothing in this Chapter shall convert records which are the property of the federal government into State property."
SECTION 9. This act becomes effective July 1, 2004.