GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 91
Committee Substitute Favorable 3/11/25
Short Title: Define Armed Forces/Conforming Changes. (Public)
Sponsors:
Referred to:
February 12, 2025
*H91-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE DEFINITION OF THE TERM "ARMED FORCES" OF THE 2
UNITED STATES TO INCLUDE THE NEWLY ESTAB LISHED UNITED STATES 3
SPACE FORCE AND TO M AKE CONFORMING CHANG ES TO RELEVANT 4
STATUTES RELATED TO THE MILITARY. 5
The General Assembly of North Carolina enacts: 6
7
PART I. "ARMED FORCES" TO INCLUDE UNITED STATES SPACE FORCE 8
SECTION 1.1. G.S. 17C-10.1 reads as rewritten: 9
"§ 17C-10.1. Certification of military service members and veterans with law enforcement 10
training and experience. 11
… 12
(g) As used in this section, the following terms mean: 13
(1) Branches of military service. – The United States Armed Forces: Air Force; 14
Army; Marine; Marine Corps; Navy; Space Force; active, reserve, Air/Army 15
National Guard components; and the Coast Guard. 16
…." 17
SECTION 1.2. G.S. 58-58-335 reads as rewritten: 18
"§ 58-58-335. Definitions. 19
As used in this Part: 20
… 21
(1a) "Armed Forces" means all components of the United States Army, Navy, Air 22
Force, Marine Corps, Space Force, and Coast Guard. 23
…." 24
SECTION 1.3. G.S. 116-143.3 reads as rewritten: 25
"§ 116-143.3. Tuition of qualifying federal services members and their spouses and 26
dependents. 27
(a) Definitions. – The following definitions apply in this section: 28
… 29
(2) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine 30
Corps, Space Force, and Navy; the North Carolina National Guard; and any 31
reserve component of the foregoing. 32
…." 33
SECTION 1.4. G.S. 116-235 reads as rewritten: 34
"§ 116-235. Board of Trustees; additional powers and duties. 35
… 36 General Assembly Of North Carolina Session 2025
Page 2 House Bill 91-Second Edition
(b) Students. – 1
(1) Admission of Students. – The School shall admit students in accordance with 2
criteria, standards, and procedures established by the Board of Trustees. To be 3
eligible to be considered for admission, an applicant must be either a legal 4
resident of the State, as defined by G.S. 116-143.1(a)(1), or a student whose 5
parent is an active duty member of the Armed Forces, as defined by 6
G.S. 116-143.3(2), G.S. 116-143.3(a)(2), who is abiding in this State incident 7
to active military duty at the time the application is submitted, provided the 8
student shares the abode of that parent; eligibility to remain enrolled in the 9
School shall terminate at the end of any school year during which a student 10
becomes a nonresident of the State. The Board of Trustees shall ensure, 11
insofar as possible without jeopardizing admission standards, that an equal 12
number of qualified applicants is admitted to the program and to the 13
residential summer institutes in science and mathematics from each of North 14
Carolina's congressional districts. In no event shall the differences in the 15
number of qualified applicants offered admission to the program from each of 16
North Carolina's congressional districts be more than two and one-half 17
percentage points from the average number per district who are offered 18
admission. 19
…." 20
SECTION 1.5. G.S. 143B-1224 reads as rewritten: 21
"§ 143B-1224. Definitions. 22
As used in this Part the terms defined in this section shall have the following meaning: 23
… 24
(2) "Armed Forces" means the United States Army, Navy, Marine Corps, Air 25
Force, Space Force, and Coast Guard, including their reserve components. 26
…." 27
28
PART II. CONFORMING CHANGES 29
SECTION 2.1. G.S. 1-82 reads as rewritten: 30
"§ 1-82. Venue in all other cases. 31
In all other cases the action must be tried in the county in which the plaintiffs or the 32
defendants, or any of them, reside at its commencement, or if none of the defendants reside in 33
the State, then in the county in which the plaintiffs, or any of them, reside; and if none of the 34
parties reside in the State, then the action may be tried in any county which the plaintiff designates 35
in the plaintiff's summons and complaint, subject to the power of the court to change the place 36
of trial, in the cases provided by statute; provided that any person who has resided on or been 37
stationed in a United States Army, Navy, Marine Corps, Coast Guard, Space Force, or Air Force 38
installation or reservation within this State for a period of one (1) year or more next preceding 39
the institution of an action shall be deemed a resident of the county within which such installation 40
or reservation, or part thereof, is situated and of any county adjacent to such county where such 41
person stationed at such installation or reservation lives in such adjacent county, for the purposes 42
of this section. The term person shall include military personnel and the spouses and dependents 43
of such personnel." 44
SECTION 2.2. G.S. 14-395 is repealed. 45
SECTION 2.3. G.S. 45-21.12A reads as rewritten: 46
"§ 45-21.12A. Power of sale barred during periods of military service. 47
… 48
(d) Definitions. – The following definitions apply in this section: 49
(1) Military service. – 50 General Assembly Of North Carolina Session 2025
House Bill 91-Second Edition Page 3
a. In the case of a member of the United States Army, Navy, Air Force, 1
Marine Corps, Space Force, or Coast Guard: 2
…." 3
SECTION 2.4. G.S. 47-81.2 reads as rewritten: 4
"§ 47-81.2. Before United States Army, etc., officers, and other service members. 5
In all cases where instruments and writings have been proved or acknowledged before any 6
commissioned officer of the United States Army, Navy, Air Force, Marine Corps, Space Force, 7
or Coast Guard or any officer of the United States Merchant Marine having the rank of lieutenant, 8
senior grade, or higher, such proofs or acknowledgments, where valid in other respects, are 9
hereby ratified, confirmed and declared valid. All proofs or acknowledgments made by any 10
military personnel authorized by the Congress of the United States are hereby ratified, confirmed, 11
and declared valid and shall not require the affixation of a seal where valid in other respects." 12
SECTION 2.5. G.S. 50-18 reads as rewritten: 13
"§ 50-18. Residence of military personnel; payment of defendant's travel expenses by 14
plaintiff. 15
In any action instituted and prosecuted under this Chapter, allegation and proof that the 16
plaintiff or the defendant has resided or been stationed at a United States Army, Navy, Marine 17
Corps, Coast Guard, Space Force, or Air Force installation or reservation or any other location 18
pursuant to military duty within this State for a period of six months next preceding the institution 19
of the action shall constitute compliance with the residence requirements set forth in this Chapter; 20
provided that personal service is had upon the defendant or service is accepted by the defendant, 21
within or without the State as by law provided. 22
…." 23
SECTION 2.6. G.S. 50A-351 reads as rewritten: 24
"§ 50A-351. Definitions. 25
The following definitions apply in this Article: 26
… 27
(18) Uniformed service. – Service which includes (i) the active and reserve 28
components of the United States Army, Navy, Air Force, Marine Corps, Space 29
Force, or Coast Guard of the United States; Guard; (ii) the Merchant Marine, 30
the commissioned corps of the Public Health Service, or the commissioned 31
corps of the National Oceanic and Atmospheric Administration of the United 32
States; or (iii) the National Guard." 33
SECTION 2.7. G.S. 88B-25 reads as rewritten: 34
"§ 88B-25. Exemptions. 35
The following persons are exempt from the provisions of this Chapter while engaged in the 36
proper discharge of their professional duties: 37
… 38
(4) Commissioned medical or surgical officers of the United States Army, Air 39
Force, Navy, Marine, Marine Corps, Space Force, or Coast Guard. 40
…." 41
SECTION 2.8. G.S. 115C-12 reads as rewritten: 42
"§ 115C-12. Powers and duties of the Board generally. 43
The general supervision and administration of the free public school system shall be vested 44
in the State Board of Education. The State Board of Education shall establish all needed rules 45
and regulations for the system of free public schools, subject to laws enacted by the General 46
Assembly. In accordance with Sections 7 and 8 of Article III of the North Carolina Constitution, 47
the Superintendent of Public Instruction, as an elected officer and Council of State member, shall 48
administer all needed rules and regulations adopted by the State Board of Education through the 49
Department of Public Instruction. The powers and duties of the State Board of Education are 50
defined as follows: 51 General Assembly Of North Carolina Session 2025
Page 4 House Bill 91-Second Edition
… 1
(18) Duty to Develop and Implement a Uniform Education Reporting System, 2
Which Shall Include Standards and Procedures for Collecting Fiscal and 3
Personnel Information. – 4
… 5
f. The State Board of Education shall develop a process for local school 6
administrative units to annually identify enrolled military-connected 7
students using the Uniform Education Reporting System. The 8
identification of military-connected students shall not be used for the 9
purposes of determining school achievement, growth, and 10
performance scores as required by G.S. 115C-12(9)c1. The 11
identification of military-connected students is not a public record 12
within the meaning of G.S. 132-1 and shall not be made public by any 13
person, except as permitted under the provisions of the Family 14
Educational and Privacy Rights Act of 1974, 20 U.S.C. § 1232g. For 15
purposes of this section, a "military-connected student" means a 16
student enrolled in a local school administrative unit who has a parent, 17
step-parent, sibling, or any other person who resides in the same 18
household serving in the active or reserve components of the United 19
States Army, Navy, Air Force, Marine Corps, Coast Guard, Space 20
Force, or National Guard. Beginning in the 2016-2017 school year, 21
and annually thereafter, the identification of military-connected 22
students for all local school administrative units shall be completed by 23
January 31 of each school year. 24
…." 25
SECTION 2.9. G.S. 143B-1311 reads as rewritten: 26
"§ 143B-1311. Membership. 27
… 28
(b) The voting members of the Commission shall be appointed as follows: 29
(1) Thirteen members appointed by the Governor, consisting of: 30
… 31
h. One person who is a resident of North Carolina with a long-term 32
connection to the State and who is a current or retired member of a 33
reserve component of the United States Air Force, Army, Navy, Space 34
Force, or Marines Marine Corps and who is involved in a military 35
affairs organization or involved in military issues through civic, 36
commercial, or governmental relationships. 37
…." 38
SECTION 2.10. G.S. 163-258.2 reads as rewritten: 39
"§ 163-258.2. Definitions. 40
As used in this Article: 41
… 42
(6) "Uniformed service" means any of the following: 43
a. Active and reserve components of the United States Army, Navy, Air 44
Force, Marine Corps, Space Force, and Coast Guard of the United 45
States.Guard. 46
… 47
(7) "Uniformed-service voter" means an individual who is qualified to vote and 48
is one of the following: 49 General Assembly Of North Carolina Session 2025
House Bill 91-Second Edition Page 5
a. A member of the active or reserve components of the United States 1
Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard 2
of the United States who is on active duty. 3
…." 4
5
PART III. EFFECTIVE DATE 6
SECTION 3.1. This act is effective when it becomes law. 7