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 Department of Veterans Affairs.
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 with the necessary competency and ability."
SECTION 3.  G.S. 165‑2 reads as rewritten:
"§ 165‑2.  Veterans' Affairs Commission; Department services.

(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(3)	Repealed by Session Laws 1973, c. 620, s. 9.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 Veterans' Affairs Commission and as the Executive Director of the Department 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 that 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 shall do the following:
(1)	Assist veterans, their families, and their dependents in the presentation, processing, proof, and establishment of any claims, privileges, rights, and benefits that they may be entitled to under federal, State, or local laws, rules, and regulations.
(2)	Aid persons in active military service and their dependents with problems arising out of their military service that reasonably come within the purview of the Department's program of assistance.
(3)	Collect data and information as to the facilities and services available to veterans, their families, and their dependents and to cooperate with agencies furnishing information or services throughout the State in order to inform those 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 their dependents, and in respect to other matters of a similar, related, or appropriate nature.
(4)	Establish field offices, facilities and services throughout the State necessary to carry out the purposes of this Article.
(5)	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)	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)	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)	Train and assist the employees of any county who are engaged in veteran's service. The Board of Commissioners of any county may appropriate amounts necessary to provide a veterans service program and the expenditure of these funds is declared to be for a public purpose; a county program shall be operated in affiliation with this Department.
(9)	Contribute to each county an amount up to 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 with reports, accountings and other information as required by the Department.
(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 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."
SECTION 7.  G.S. 165‑11 reads as rewritten:
"§ 165‑11.  Copies of records to be furnished to the Department of  Veterans Affairs.
(a)	Whenever copies of any State and local public records are requested by a representative of the Department of Veterans Affairs while 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 those records shall furnish the representative with the requested number of certified copies of those records without charge. This subsection shall not apply to the disclosure of information in certain privileged and confidential records referred to elsewhere in the General Statutes of North Carolina, and that information shall continue to be disclosed in the manner prescribed by the relevant statutes.
(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, 2005.