NATIONAL GUARD MODIFICATIONS/OMNIBUS.

View NCGA Bill Details2021
Senate Bill 289 (Public) Filed Thursday, March 11, 2021
AN ACT TO TRANSFER THE NORTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE PROGRAM FROM THE STATE EDUCATION ASSISTANCE AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY, TO CODIFY THE TARHEEL CHALLENGE ACADEMY, TO MAKE CHANGES TO THE BUTNER TIMBER FUND SALE PROCEEDS, AND TO MAKE CHANGES TO THE NORTH CAROLINA NATIONAL GUARD RESERVE JOBS ACT.
Intro. by Britt, Daniel, Ford.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 15 2021)

Bill History:

S 289

Bill Summaries:

  • Summary date: Mar 15 2021 - More information

    Part I.

    Transfers the North Carolina National Guard Tuition Assistance Program (program) from the State Education Assistance Authority to the Department of Public Safety (DPS), with the elements of a Type I transfer. Recodifies Part 2 of Article 23 (North Carolina National Guard Tuition Assistance Act of 1975) of GS Chapter 116, and GS 116-209.50 through GS 116-209.55, as Article 15 of GS Chapter 127A, and GS 127A-190 through GS 127A-195. Makes changes throughout Article 15 to conform to the recodification and to reflect the transfer to DPS. Defines Secretary to mean the Secretary of Public Safety or his or her designee. Allows the Secretary to delegate administrative tasks to other persons within DPS as deemed best for the orderly administration of the program. Makes the Secretary responsible for duties previously assigned to the State Education Assistance Authority. Effective October 1, 2021.

    Part II.

    Enacts new Article 18, Tarheel Challenge Academy (Academy), in GS Chapter 127A, providing as follows. Establishes the Academy as a Division of the North Carolina National Guard. Requires that the Academy: (1) be a cost-free program; (2) be housed for administrative purposes within the North Carolina National Guard; (3) be a community-based school that leads, trains, and mentors at-risk youth; (4) be designated as an approved alternative learning program and an innovative school option; (5) create at least a 22-week residential program that requires a 12-month post-residential mentoring period; (6) improve life skills and employment potential of participants by providing quasi-military based training and supervised work experience; (7) teach the "8 Core Components," as specified in the act,; (8) increase opportunities for participants to receive a high school diploma or its equivalent; and (9) enjoy the full cooperation of other State and local agencies in carrying out its program.

    Sets out seven eligibility requirements for participants, including: be 16-18 years old upon entry into the program, have failed to complete or have left school for any reason before graduation or completion of a program of studies without transferring to another school and has not received a certificate from a program of equivalency or has not progressed in a traditional high school setting, and not currently on parole or probation and not accused or convicted of a crime that would be considered a felony if the individual was an adult. 

    Makes the North Carolina National Guard Adjutant General responsible for the the general supervision and administration of the Academy and sets out the duties of the Adjutant General (or his or her designee).

    Effective October 1, 2021.

    Part III.

    Amends GS 146-30 by excepting the sale of timber from land owned by the State in the Camp Butner reservation from the Subchapter's requirements and instead requires the net proceeds from the sale to be deposited with the State Treasurer in a capital improvement account to the credit of DPS to be used to support the North Carolina National Guard's Camp Butner Training Center and other North Carolina National Guard–operated Training Centers.

    Part IV.

    Enacts new GS 126-80.5 to make it State policy to give National Guard members who are citizens of the State preference in employment for positions subject to the provisions of GS Chapter 126 (North Carolina Human Resources Act) with every State department, agency, and institution. Specifies that the preference applies to initial employment and extends to other employment events, including a subsequent hiring, promotion, reassignment, or horizontal transfer. Makes conforming changes to GS 128-15. Amends the definitions used in GS Chapter 126, by adding and defining the term eligible member of the National Guard as: (1) a resident of the state who is a current member in good standing of either the North Carolina Army National Guard, the North Carolina Air National Guard, or the reserves of the US Armed Forces, (2) a resident of the state who is a former member of one of those same entities whose discharge condition is greater than dishonorable with a minimum of six years of creditable service, (3) a surviving spouse and dependents of members of the North Carolina Army National Guard or the North Carolina Air National Guard who died on State active duty either directly or indirectly as a result of that service, or (4) the surviving spouse or dependent of a member of the North Carolina National Guard who died for service-related reasons during peacetime.


  • Summary date: Mar 11 2021 - More information

    To be summarized.


Printer-friendly: Click to view