A BILL TO BE ENTITLED
AN ACT to create the north carolina veterans fund and an income tax return check box for donations to the fund.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2 of Article 4 of Subchapter I of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105‑159.3.  Designation of tax to North Carolina Veterans Fund.
(a)	Allocation. – To ensure the financial viability of the North Carolina Veterans Fund established in Article 7 of Chapter 165 of the General Statutes, the Department must allocate to that Fund five dollars ($5.00) from the income taxes paid each year by each individual with an income tax liability of at least that amount, if the individual agrees. A taxpayer must be given the opportunity to indicate an agreement or objection to that allocation in the manner described in subsection (b) of this section. In the case of a married couple filing a joint return, each individual must have the option of agreeing or objecting to the allocation. The amounts allocated under this subsection to the Fund must be credited to it on a monthly basis.
(b)	Returns. – Individual income tax returns must give an individual an opportunity to agree to the allocation of five dollars ($5.00) of the individual's tax liability to the North Carolina Veterans Fund. The Department must make it clear to the taxpayer that the dollars will support a nonpartisan veterans support system, that the dollars will go to the Fund if the taxpayer marks an agreement, and that allocation of the dollars neither increases nor decreases the individual's tax liability. The following statement must be used to meet this requirement: "Mark "Yes" if you want to designate five dollars ($5.00) of taxes to the North Carolina Veterans Fund to support North Carolina veterans. Marking "Yes" does not change your tax or refund." The Department must consult with the State Board of Elections to ensure that the information given to taxpayers complies with the intent of this section.
The Department must inform the entities it approves to reproduce the return that they must comply with the requirements of this section and that a return may not reflect an agreement or objection unless the individual completing the return decided to agree or object after being presented with the statement required by this subsection and, as available background information or instructions, the information required by subsection (c) of this section. No software package used in preparing North Carolina income tax returns may default to an agreement or objection. A paid preparer of tax returns may not mark an agreement or objection for a taxpayer without the taxpayer's consent.
(c)	Instructions. – The instruction for individual income tax returns must include the following explanatory statement: "The North Carolina Veterans Fund provides financial support and assistance to North Carolina veterans for a variety of purposes. Five dollars from the taxes you pay will go to the Fund if you mark an agreement. Regardless of what choice you make, your tax will not increase, nor will any refund be reduced.""
SECTION 2.  Article 7 of Chapter 165 is amended by adding a new section to read:
"§ 165‑44.01.  North Carolina Veterans Fund.
(a)	Creation. – The North Carolina Veterans Fund is established as a nonreverting, special revenue fund in the Department of Administration to be administered by the North Carolina Division of Veterans Affairs.
(b)	Definitions. – For purposes of this section, a "veteran" is a North Carolina resident who meets the requirements of G.S. 165‑44.2.
(c)	Purpose. – The purpose of the Fund shall be to provide grants or loans for any one or more of the following:
(1)	To aid homeless veterans.
(2)	To provide business loans for veterans to establish or expand a business having a veteran‑ownership percentage of not less than fifty‑one percent (51%).
(3)	To provide emergency personal loans to veterans.
(4)	To provide emergency care for veterans.
(5)	To fund mental health service programs for veterans.
(6)	To fund in‑home health care services for veterans.
(7)	To provide transportation services for veterans.
(d)	Veterans Fund Advisory Committee. – Each county may create a Veterans Fund Advisory Committee. The Committee shall consist of up to five representatives from each veterans' organization or veterans' service organization of that county upon the recommendation of both (i) the county chapter of any national veterans organization and (ii) an entity designated as a 501(c)(3) nonprofit organization under the Internal Revenue Code with a primary purpose to benefit and assist veterans or their families. The county Veterans Services Officer or, where no county Veterans Services Officer exists, the North Carolina Division of Veterans Affairs Office shall convene the first meeting in a county for the purpose of organizing a county's Veterans Fund Advisory Committee. Thereafter, the Veterans Fund Advisory Committee shall act independently.
(e)	Allocation. – The North Carolina Division of Veterans Affairs may disburse moneys from the fund only upon a unanimous Committee vote that the application demonstrates, to the satisfaction of the Committee, that the moneys disbursed will be used for a purpose satisfying the requirements of this section and funds are annually appropriated for this purpose. At least ninety percent (90%) of the revenues collected from taxpayers in a county shall be allocated back to the county where the revenues were collected. The remaining ten percent (10%) of the revenues collected from taxpayers in a county may be used for the costs of administration of the Fund or, at the unanimous direction of the various Veterans Fund Advisory Committees, allocated to the North Carolina Division of Veterans Affairs office for the benefit of veterans in any county."
SECTION 3.  This act is effective when it becomes law.