Senate committee substitute makes the following changes to the 5th edition. 

Amends proposed GS 14-309.26 to limit the provision allowing regional or county chapters of an exempt organization to conduct game nights independently of its parent organization to those chapters that have been in continuous existence for at least five years. 

House committee substitute to the 1st edition makes technical changes, qualifying that the appropriations are made notwithstanding the requirements of university budget requests set out in GS 143C-3-3(b).

House committee substitute to the 1st edition makes the following changes.

Amends proposed GS 130A-421 to require consent from the mother before disposing of fetal remains when unintended fetal death results from accidental injury, stillbirth, or miscarriage (previously, did not refer to unintended death). Requires the mother's consent to be obtained by the attending physician or individual in charge of the institution where the fetal remains were expelled or extracted (previously limited to the attending physician). Adds a new limitation to restrict disposal to means of burial, cremation, or incineration in accordance with applicable laws and regulations. Makes conforming changes. Now provides that if neither the mother or father is able to give consent within seven days from the time the remains were expelled or extracted, the remains must be disposed of by burial, cremation, or incineration in accordance with applicable laws and regulations. Restricts disposal of fetal remains that have been developed beyond completion of the second trimester of gestation to burial or cremation. Eliminates the explicit option for either the mother or father to request the release of fetal remains for burial or cremation, and the subsequent authorization for the disposal by the attending physician if no such request is made within seven days. 

House committee substitute to the 1st edition makes the following changes. 

Amends proposed GS 113-182.1(b)(8) to require the addition of a minimum size limit for every species that has contributed historically and significantly to the the fisheries of the state, including six specified species, that corresponds to the likelihood of 75 percent of juvenile fish reaching maturity in order to have the opportunity to spawn at least once (previously for every species of marine fish listed in the Division of Marine Fisheries Stock Status Report; did not qualify species based on historical and significant contributions to the state's fisheries). Adds that the Division of Marine Fisheries (Division) and the Marine Fisheries Commission (Commission) are required to follow the requirement for any new Fisheries Management Plans developed for species without a size limit or with a size limit that does not meet the 75 percent threshold. Also requires the Division and the Commission to review all current size limits in current Fishery Management Plans to ensure compliance with the 75 percent threshold. Makes conforming changes.

House committee substitute to the 1st edition makes the following changes.

Modifies the proposed changes to GS 115C-270.20(a) (teacher licensure requirements) to now add new subsection (7) creating a three-year nonrenewable transitional license (TL; rather than a one-year provisional license) for teachers from other states in good standing.  

Further amends GS 115C-270.25 (out-of-state license applicants) by adding that an individual who does not include evidence of effectiveness with the initial application for a continuing professional license (CPL) is only eligible for a TL until the teacher has completed three years of licensed teaching in the state (was, only eligible for an initial professional license [IPL]).

Makes conforming changes to proposed GS 115C-302.1(b3), authorizing local boards of education to determine experience credit for purposes of paying teachers with a TL in accord with the state salary schedule for teachers during the first year of the license. Makes conforming changes to the proposed changes to GS 93B-15.1(i), regarding TLs for military spouses.

Amends GS 115C-270.20(a)(4) to now allow a lifetime license to be issued to a teacher after 30 or more years (was 50 or more years) of teaching as a licensed teacher, requring no license renewal.

Repeals GS 115C-270.20(a)(6) and GS 115C-270.30(b)(3), thereby eliminating retirement licensure.

House committee substitute to the 1st edition makes the following changes. 

Modifies proposed GS 130A-385(b1) to require the medical examiner to sign the death certificate within five days of receiving paperwork from a funeral home if a physician, nurse practitioner, or physician assistant (previously, physician only) has not signed the death certificate. Permits the medical examiner to list the cause of death as undetermined if the decedent had not seen a physician, nurse practitioner, or physician assistant (previously, physician only) within three month preceding death.

House committee substitute to the 1st edition is to be summarized. 

House committee substitute to the 1st edition makes the following changes. 

Amends GS 53C-2-1(a) to require one member of the Banking Commission appointed by the Governor to be licensed or be employed by someone licensed (was, licensed or registered or employed by someone who is licensed or registered) under Article 19B of GS Chapter 53 (The Secure and Fair Enforcement Mortgage Licensing Act).

Amends the act's long title.

House committee substitute to the 1st edition makes the following changes.

Now provides for the election of a vice chair rather than cochair of the Joint Legislative Task Force on Postsecondary Attainment (Task Force). Adds the Department of Health and Human Services to the entities the Task Force must consult in creating an inventory of existing education programs and policies to assess in determining how to facilitate the State's progress in reaching the postsecondary attainment goal set out in proposed GS 116C-10. Now permits the President Pro Tempore or the Speaker to call the first meeting of the Task Force, with subsequent meetings called by the chair (previously provided for all meetings at the call of the chair). Changes the deadline of the final report of the Task Force from January 1, 2021, to December 31, 2020. Terminates the Task Force on the earlier of December 31, 2020 (was March 1, 2021), or the filing of the final report. 

Amends GS 15A-173.2(d) to require rather than permit an administrative agency, governmental official, or civil court to consider a certificate of relief favorably in determining whether a conviction should result in disqualification.

Amends GS 93B-8.1 to prohibit an occupational licensing board from automatically denying licensure on the basis of an applicant's criminal history unless federal law governing a particular occupation provides otherwise (was, unless the law governing a particular occupational licensing board). Now provides that if a board is authorized to deny a license on the basis of a verified conviction of any crime (was, also for commission of a crime involving moral turpitude), the board is permitted to deny the license if it finds by clear and convincing evidence that the applicant's criminal history is directly related to the duties and responsibilities for the licensed occupation (previously, no burden of proof was specified nor was the board required to directly link the applicant's criminal history to the occupation for denial). Maintains the eight factors a licensing authority must consider in making its determination. Adds that a certificate of relief must be considered favorably by the board.

Adds a new procedure for applicants to petition a board at any time for a determination of whether the individual's criminal history will disqualify the individual from obtaining a license. Requires the board to make a determination pursuant to the standard parameters it would in reviewing an application and notify the individual of the determination within 30 days of receipt of the petition. Allows the board to charge a fee of no more than $25 per petition. Mandates that the board notify an individual of a denied petition and include the grounds for the board's reasoning, that the individual has a right to contest the decision, the earliest date the individual can reapply for a license, and further evidence of rehabilitation that will be considered upon reapplication. Specifies that a determination of eligibility upon a petition is binding if an applicant fulfills all other requirements for the occupational license and the applicant's criminal history record is accurate and remains unchanged at the time of application for licensure. 

Enacts GS 93B-8.6 to require a licensing board to grant licensure to an applicant who has completed an apprenticeship approved by the State or federal Department of Labor or otherwise permitted by law, and who passed an examination, if necessary. Defines apprenticeship to mean a program that meets specified federal guidelines completed under a State-licensed practitioner of that occupation or a State-licensed school. Requires each licensing board to establish a passing score for the board's exams taken by applicants who have completed apprenticeships that cannot exceed what is required under the board's standard licensing processes. Prohibits a board from requiring an exam when one is not required for the standard licensing process, or from requiring apprenticeship hours beyond that which are required by the relevant licensing authority or statute for that occupation. Requires that applicants be allowed to apply training hours earned through career technical education provided by NC public schools and colleges towards the licensure requirements in the same occupation in accordance with the standards and procedures authorized under the Chapter. Directs the Commissioner of Labor and licensing boards to adopt rules to implement the statute.

Applies to certificates of relief granted or applications for licensure submitted on or after October 1, 2019.

Enacts new Article 10B, Certified Professional Midwives, to GS Chapter 90. Prohibits any person from practicing or offering to practice midwifery, on or after January 1, 2020, without a license, as provided in new Article 10B. Exempts the following circumstances from the licensure requirement: (1) an individual approved to practice midwifery under Article 10A (Midwifery Practice Act), (2) a physician licensed to practice medicine, (3) the performance of medical acts by a physician assistant or nurse practitioner as specified, (4) the practice of nursing by a registered nurse as allowed under Article 9A (Nursing Practice Act), (5) the rendering of childbirth assistance in emergency situations, and (6) individuals present or assisting the certified professional midwife during the birth process as specified.

Sets forth the General Assembly's findings and includes definitions applicable to Article 10B. Defines certified professional midwife as a person with national certification from the North American Registry of Midwives (NARM). Defines midwifery as the practice of midwifery as defined in GS 90-178.2, which defines it as the act of providing prenatal, intrapartum, postpartum, newborn and interconceptional care, with specified exclusions. 

Creates a seven-member North Carolina Council of Midwives (Council), with members appointed by the Secretary of Health and Human Services and initial members appointed on or before October 1, 2019. Details Council member requirements and term limits and includes provisions for compensation, meeting procedures, and Council administration. Enumerates 13 powers and duties of the Council, in consultation with the Division of Health Service Regulation, Department of Health and Human Services, and with guidance from the National Association of Certified Professional Midwives Standards of Practice.

Lists the following requirements for licensure as a certified professional midwife: (1) a completed application; (2) certification from NARM and currently holds the title of certified professional midwife; (3) graduated from or completed a midwifery program or school that is either approved by the Council or a Midwifery Education and Accreditation Council accredited school, on or after December 31, 2021; (4) submits proof to the Council of current cardiopulmonary resuscitation certification and neonatal resuscitation certification; (5) has read, understands, and agrees to practice under Article 10B; (6) pays required fees; and (7) on or before December 31, 2021, demonstrates successful completion of a Midwifery Bridge Certificate consisting of continuing education in the specified topics. Lists 10 responsibilities of a licensed certified professional midwife, including the responsibility to provide care for the healthy woman who is expected to have a normal pregnancy, labor, birth, and postpartal phase in the setting of the mother's choice and the responsibility to order routine antepartal or postpartal screening or lab analysis at a licensed facility and inform the parents about newborn screening. Directs a midwife licensed under Article 10B to display the license at all times in a conspicuous place where the midwife is practicing. Sets forth provisions for license renewal, periods of lapsed licensure, and granting inactive status. Authorizes the Council to grant a license to a person residing in North Carolina licensed, certified, or registered to practice as a certified professional midwife in another jurisdiction if that jurisdiction's standards are substantially equivalent and the person submits an application and required fees. Directs the Council to set all fees under Article 10B and to pay all expenditures out of funds from the fees or other funds. Allows the Council to discipline applicants or licensees, after a hearing, under seven specified circumstances.

Authorizes the Council to apply to superior court to enjoin violations of Article 10B. Provides that no health care provider will be liable for an injury to a woman or infant arising during childbirth and resulting from an act or omission by a licensed certified professional midwife.

Modifies Part 2A of Article 81B, GS Chapter 15A, and retitles the Part Sentencing and Parole Eligibility for Certain Minors (was, Sentencing for Minors Subject to Life Imprisonment Without Parole). Amends GS 15A-1340.19B to establish that a defendant who is convicted of first degree murder and who was under the age of 18 at the time of the offense must be sentenced to life imprisonment with parole and be eligible for parole consideration after serving 25 years. Also establishes that a defendant who was convicted of a crime other than first degree murder and who was under the age of 18 at the time of the offense and sentenced to more than 15 years of imprisonment is eligible for parole consideration after serving 15 years imprisonment. Eliminates all provisions concerning sentencing juveniles to life without parole and related sentencing hearings and considerations of the court. Makes conforming changes to GS 15A-1340.13 concerning the requirement to serve the minimum term imposed. 

Amends GS 15A-1340.19D to subject a defendant eligible for parole consideration under Part 2A to the conditions and procedures set out in Article 85. Makes conforming changes.

Amends GS 15A-1371 to establish that a prisoner who is sentenced under the Fair Sentencing Act and who was under the age of 18 at the time of the offense is eligible for parole consideration after completion of 20 years imprisonment. 

Applies to offenses committed on or after December 1, 2019.

Adds the following to the creditable service provisions of the Retirement Systems for Teachers and State Employees (TSERS) and Local Governmental Employees (LGERS) set out in GS 135-4 and GS 128-26. Provides for an individual who was not eligible to earn membership service in a calendar year because of the anticipation that the individual would not meet the definition of employee due to not working at least 30 hours per week for nine or more months in that calendar year (applicable to TSERS) or working less than 1,000 hours during that calendar year (applicable to LGERS) to be eligible to purchase creditable service for that calendar year if the individual did in fact work at least 30 hours a week for nine or more months or at least 1,000 hours in that calendar year, as applicable. Details six requirements for purchases under the new provision, including notification of such hours worked by the employer, the employee purchasing service based on the actual number of hours worked in a lump sum amount within 30 days of the employer notification, the Retirement Systems Division invoicing the employer upon the employee's payment, and the employer paying the invoiced contribution amount within 30 days of receipt of the invoice. Limits the cumulative amount of creditable service purchased under the provision to no more than a total of five years, and excludes retired members from the provision. Effective January 1, 2021, and applies to the purchase of service for work performed on or after January 1, 2020.

Amends the definition of telephone solicitation in GS 75-101 applicable to Article 4, Telephone Solicitations, to include voice communications, as previously described, made by a telephone solicitor to a telephone subscriber for the purpose of creating a lead or referral for which the solicitor will receive or hopes to receive compensation. Modifies telephone solicitor to include any individual or legal entity doing business in the state through subagents, contractors, or other third-party vendors that makes or attempts to make telephone solicitations or causes them to be made; specifically includes any party that receives a sales lead or inbound call from a telephone subscriber and knows or has reason to know that the lead or inbound call from the subscriber was generated by a telephone call. 

Amends GS 75-102 to require telephone solicitors to remove from the contact lists and stop calling a residential telephone subscriber listed on the latest Do Not Call Registry who communicates a desire to receive no further telephone solicitations from the telephone solicitor within 30 days, rather than within 60 days.

Amends GS 75-104 to specify that the prohibition against using an automatic dialing and recorded message player to make unsolicited phone calls applies whether the person is doing so directly or through a salesperson, agent, subagent, or third-party vendor. Provides for joint liability for each call or lead received or accepted when the party knows or has reason to know that the sales leads or inbound phone calls it is receiving or accepting were generated by calls placed by another party or parties in violation of the prohibition against automatic dialing and recorded messaging.

Amends GS 20-11.2 to provide that all applicants for a driver's license who are 18 years and older must complete a course in alcohol and drug abuse awareness, unless the applicant is licensed in another state or has successfully completed a North Carolina Department of Education driver education course. This three-hour course, to be completed online or in person, promotes traffic safety by providing instruction on: (1) the physiological and psychological effects of drug and alcohol abuse, (2) the effects of alcohol on a driver, (3) state motor vehicle law, and (4) high-risk driving behaviors. The course will be offered by a certified third-party vendor. The Division of Motor Vehicles will maintain oversight and set enrollment fees.  

Effective October 1, 2019.

Amends GS 20-114.1 to require that appointed traffic-control officers be at least 21 years old rather than 18 years old. Conditions appointment as a traffic-control officer upon completion of a training course in traffic laws and traffic control (previously not required) and completion of at least four hours of roadside training in directing, controlling, or regulating traffic under the supervision of a law-enforcement officer (was, at least three hours and did not specify roadside training). Specifies that the training course and roadside training are to be conducted by the law enforcement agency issuing the authorization card for appointment. Adds that any costs of the training are the responsibility of the traffic control officer trainee. Effective October 1, 2019.

Part I.

Allows funds allocated to the Department of Public Safety, Office of Recovery and Resiliency, the Homeowner Repair and Rehabilitation Fund, to be used for the development of affordable rental and owner-occupied single and multifamily housing.

Part II.

Amends GS 2017-119 as follows. Expands the use of the funds under the Hurricane Matthew Disaster Relief Act to allow them to be used for subsequent storms. Requires that the funds under the Act be expended in a way that does not duplicate federal disaster benefits already provided to a person or entity as a result of Hurricane Matthew, the western North Carolina wildfires, or Tropical Storms Julia and Hermine, or any subsequent storm (was, in a manner that does not adversely affect eligibility for federal funds made available or that are anticipated to be made available). Removes the provision directing the Governor to avoid using State funds to cover costs that will be, or likely will be covered, by federal funds. 

Part III.

Amends SL 2019-119 by expanding upon the uses of the $25 million in Supplemental Disaster Recovery Funds that are to be allocated for housing-related matters, to allow the funds to be used for the repair of owner-occupied housing not covered by Community Development Block Grant Disaster Recovery Program funding, for the repair of rental housing not covered by Community Development Block Grant Disaster Recovery Program funding, and to provide State Acquisition Relocation funds, by no longer limiting those uses to low- to moderate-income housing. Makes conforming changes to the funds transferred to the State Emergency Response/Disaster Relief Reserve for housing-related matters under Section 5.6 of SL 2018-5.

Part IV.

Amends GS 166A-19.15(f)(1) to allow political subdivisions to award contracts for the repair, rehabilitation, or construction of private residential structures funded by State or federal funds following a disaster declared by the Governor covering the political subdivision. Authorizes a political subdivision to contract directly with pre-qualified contractors under GS 166A-19.12(23) on the basis of price, qualification, capacity, and any other objective criteria.

Amends GS 143-129 to exempt contracts for disaster recovery private residential construction or repair awarded under GS 166A-19.12(23) and GS 166A-19.15(f)(1) from Article 8, Public Contracts, of GS Chapter 143.

Part V.

Amends SL 2016-124, Section 5.11, to require all Community Development Block Grant Disaster Recovery awards received by the State in response to the declarations and executive orders described in the act, or in subsequent federally declared disasters, to be administered by the Office of Recovery and Resiliency of the Department of Public Safety, including circumstances where the designated grantee is an agency other than the Office of Recovery and Resiliency. 

Part VI.

Extends the Type III disaster declaration issued by Executive Order 120, dated December 9, 2016, for an additional 24 months. 

Identical to S 511, filed 4/2/19.

Adds to GS 20-4.01 to define electric vehicle charging station to mean a public or private parking space that is served by charging equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle.

Enacts GS 20-162.4 to prohibit parking a vehicle in an electric vehicle charging station located on public or private property if the vehicle is not connected to the charging equipment. Provides for a $100 fine for a violation. Details signage required of a space designated as an electric vehicle charging station. Permits municipalities to, by ordinance, prohibit additional conduct and provide higher penalties regarding parking in a space designated as an electric vehicle charging station. Requires enforcement by the State, county, city, and other municipal authorities in their respective jurisdictions in the same manner as other parking laws and ordinances are enforced.

Applies to offenses committed on or after December 1, 2019.

Includes whereas clauses. Repeals subsections (c) and (d) of Section 35.21 of SL 2017-57, as title indicates.

Enacts Article 5, Joint Tenancy, to GS Chapter 41. Recodifies provisions of GS 41-2 into the Article, as provided. Defines conveyance and termination.

Enacts GS 41-71, providing that a conveyance to two or more persons creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided by the statute, or a tenancy by the entirety is created as provided by law. Establishes that a conveyance to two or more persons creates a joint tenancy with right of survivorship if the instrument expresses an intent to create a joint tenancy with right of survivorship. Provides that express intent exists, unless the instrument otherwise provides, if the instrument uses the language "joint tenants with right of survivorship," "joint tenants," "joint tenancy," "tenants in common with right of survivorship," "joint with right of survivorship," or "with right of survivorship." 

Eancts GS 41-72, incorporating GS 41-2(b), to establish that the interests of joint tenants in a joint tenancy with right of survivorship are equal unless the instrument of conveyance provides otherwise. This provision applies to any conveyance of an interest in property created at any time that explicitly seeks to create unequal ownership interest in a joint tenancy with right of survivorship. Provides that distributions made prior to October 1, 2009, that were made in unequal amounts from a joint tenancy with right of survivorship that sought to create unequal ownership remain valid and are not subject to modification on the basis of this provision. Declares that for a joint tenancy interest conveyed to individuals married to each other (rather than husband and wife) and to one or more other joint tenants in the same conveyance instrument, the interest held by the married individuals is a tenancy by the entirety, and the married individuals are to be treated as a single joint tenant unless the instrument provides otherwise.  

Enacts GS 41-73. Details six events that result in severance of a joint tenancy with right of survivorship. Events terminating a joint tenancy due to the collective action of all tenants include: (1) conveyance to a third party by all tenants of all of their interests held in the property, (2) execution of an instrument with a third party that does not convey all of their interests held in the property to the third party, and (3) execution of an instrument by all joint tenants with the express intent to terminate the joint tenancy. Events terminating a joint tenancy due to the unilateral action of a joint tenant include: (1) conveyance to a third party or parties of all of that joint tenant's interests in the property, (2) execution of an instrument with a third party by a joint tenant that does not convey all of that joint tenant's interest to the third party, and (3) execution of an instrument by the joint tenant where the joint tenant is both the grantor and the grantee with the express intent to terminate. Details the creation of a tenancy in common upon severance, with variations depending on the event that triggered severance, incorporating GS 41-2(a). Specifies three events that do not result in severance of a joint tenancy with right of survivorship: (1) the filing of a judgment against one joint tenant; (2) the filing of a petition by one joint tenant in bankruptcy; or (3) the divorce of married individuals holding an interest as tenants by the entirety in a joint tenancy with one or more other joint tenants, unless the divorced individuals agree otherwise, with the divorced individuals then holding their existing interest equally as tenants in common. Clarifies that the statute does not limit the manner or effect of a severance ordered by a court of competent jurisdiction. 

Enacts GS 41-74, incorporating GS 41-2(b) to provide that joint tenant interests among two or more joint tenants holding property in joint tenancy with right of survivorship are subject to GS 28A-24-3 (requirement of survival by 120 hours) upon the death of one or more of the joint tenants.

Enacts GS 41-75 to exempt from the Article's provisions executors or trustees in their representative capacity, partnerships governed by GS Chapter 59, business entities, accounts established under GS 41-2.1 (right of survivorship in bank deposits created by written agreement) or GS 41-2.2 (joint ownership of securities) to the extent inconsistent with the provisions of the statute, and life estates.

Enacts GS 41-76 to establish that common law and principles of equity supplement the Article, but in the event of conflict, the Article or state law controls. 

Repeals the remainder of GS 41-2, which is not incorporated in the new Article.

Amends GS 46-10 to provide that commissioners must divide partitioned land into shares based upon the value of the tract(s) irrespective of the quantity of land. Replaces the term “dividends” with “tracts” and allows commissioners to subdivide more valuable tracts, and allot money from the valuable tracts to the tracts of inferior value, to achieve an equitable partition. Adds a subsection (b) to the statute, which provides that owners of land not subject to partition may elect to have adjoining property subject to partition allotted to them. This election may be made in the petition for partition, in the responsive pleading, or by filing for an election prior to the appointment of commissioners. Proper service of the election may be required. Commissioners must provide a basis for denying an election pursuant to GS 46-17.

Enacts new GS 42-47 prohibiting a landlord from terminating a tenancy, failing to renew a tenancy, or refusing to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on the tenant, applicant, or household member's status as a person with a disability or use of an emotional support animal (as defined in the statute). Allows a landlord to require a person with a disability that is not readily apparent to provide written verification from a health service provider of specified issues related to the disability and the need for an emotional support animal. Makes it a Class 2 misdemeanor to: (1) misrepresent to a landlord that the person is a person with a disability or that the person has a disability-related need for the use of an emotional support animal; (2) make a materially false statement to a health service provider for the purpose of obtaining documentation or verification that the person has a disability-related need for the use of an emotional support animal; (3) provide a document or verification to a landlord that misrepresents that an animal is an emotional support animal; (4) fit an animal that is not an emotional support animal with an item that would cause a reasonable person to believe that the animal is an emotional support animal; or (5) as a health service provider, verify a person's disability status and need for an emotional support animal without professional knowledge of the person's condition adequate to provide a reliable verification, or charge a fee for providing a written verification for a person's disability status and need for an emotional support animal and providing no additional service to the person. Specifies that a landlord is not prohibited from requiring the person to (1) comply with the terms of the rental agreement and other rules or regulations applicable to the dwelling unit on the same terms as other tenants, (2) pay for the cost of repairs that result from any damages to the dwelling unit that are caused by an emotional support animal in the same manner as a tenant who possesses an animal that is not an emotional support animal, (3) sign an addendum or other agreement that sets forth the responsibilities of the owner of the emotional support animal. Specifies that a landlord allowing a person with a disability to use an emotional support animal in a dwelling unit is not liable for any injury to another person caused by that animal. 

Amends GS 42-53 to prohibit a landlord from charging a pet fee for an emotional support animal.

Applies to rental agreements or leases entered into on or after January 1, 2020. 

Makes the following changes to Article 7A, NC Innovative School District and Innovation Zones, of GS Chapter 115C.

Adds the term innovative school consultant (IS consultant) to GS 115C-75.5, defined to mean an entity selected by the State Board of Education (State Board) upon the recommendation of the Innovative School District Superintendent (ISD Superintendent) to provide assistance and support through consultation with an innovative school. Amends innovative school operator (IS operator) to remove the general prohibition provided against the Department of Public Instruction (DPI) being selected as an IS operator. Deletes the existing definition for qualifying school and now defines the term to mean a school meeting one of the following three criteria based on performance in the school year prior to identification: (1) a Title I school in the lowest-performing 5 percent of school grades of all Title I schools, (2) a school serving students in grades 9-12 that failed to graduate one-third or more of its students, and/or (3) a school identified by the State Board as being in need of comprehensive support and improvement under specified federal law due to at least one consistently underperforming subgroup. 

Deletes the existing provisions regarding selection of innovative schools set forth in GS 115C-75.7 and instead mandates annual selection by the State Board of no more than five qualifying schools to transfer to the Innovative School District (ISD) as innovative schools (previously, the State Board was authorized to select, upon recommendation of the ISD Superintendent, up to five qualifying elementary schools, as previously defined, to transfer to the ISD, with diversity requirements and limitations to one qualifying school per local unit unless the local board consented). Requires selection of innovative schools to be based on an analysis and evaluation of performance of qualifying schools over a three-year period of the school being designated and placed on the qualifying list, watch list, and warning list, as described, with public notice given and hearings held concerning the designation in accordance with the statutory requirements set forth. Requires the State Board to ensure that the qualifying schools identified for any ISD list are engaged in strategies in compliance with state or federal law for comprehensive support and improvement. Directs the ISD Superintendent to monitor the schools and assist local boards in identifying funding, strategies, and partners for those efforts. Permits a local board to request that the State Board select a qualifying school under its control as an innovative school at any time upon recommendation of the ISD Superintendent. Eliminates the requirement for a local board to adopt a resolution which either consents to transfer the selected qualifying school to the ISD or closes the school at the conclusion of the school year. Establishes a new selection process whereby a school that remains a qualifying school in the school year following the year the school was placed on the ISD warning list and is one of the lowest five qualifying schools, as measured by school performance scores, on the warning list is selected as an innovative school beginning with the next school year. Maintains the statute's existing provisions regarding public notification and waiver for innovative schools. Requires the ISD lists and selected innovative schools to be publicly available on a website maintained by the ISD.

Amends GS 115C-75.8 to permit the State Board to select an IS operator or an IS consultant for a selected innovative school by December 15 and require selection of either for a selected innovative school by January 15 (previously limited to selection of an IS operator and was applicable to prospective innovative schools, with selection permitted by January and required by February 15). Makes conforming changes. Modifies the requirements for entities contracted as an IS operator or IS consultant to remove reference to persistently low-performing schools or students concerning the entity's record of improvement. Eliminates the provisions which provides for the ISD to act as an IS operator in instances in which no entity meets the specified qualifications. Requires the State Board to determine whether an innovative school should be assigned an IS operator or an IS consultant based on specific school needs. Mandates that a school assigned an IS consultant must continue to be operated by the local unit and meet the requirements established by the ISD Superintendent and the IS consultant for at least a five-year period. Adds that an innovative school that fails to meet the requirements must be assigned an IS operator by the State Board. Maintains the contract requirements for contracts between the State Board and IS operator.

Amends GS 115C-75.9 to limit the scope of the provisions to innovative schools under the direct management of an IS operator. Eliminates the provision authorizing the ISD to act as an IS operator in the event that temporary management is necessary due to contract termination. Now permits an IS operator, in collaboration rather than in consultation with the ISD Superintendent, to elect to enter into a memorandum of understanding for alternate arrangements with the local board to address facility and capital expenditures, transportation services, or services for children with disabilities. Adds a requirement for the IS operator to collaborate with the ISD Superintendent in selecting and hiring the school principal for the innovative school. Concerning retained employees, allows a retained employee to become an employee of the local board if the IS operator is a local board, rather than an employee of the ISD, subject to approval of the ISD Superintendent. Provides for teachers at qualifying schools selected to become an innovative school who have career status prior to selection to teach at the innovative school to return to a public school in the local unit with career status at the end of employment at the innovative school if the appropriate position is available, and if not available, be put on a list of available teachers pursuant to GS 115C-325. 

Amends GS 115C-75.10, concerning innovative schools funds, to limit the scope of the provisions to innovative schools operated by an IS operator. Concerning the ability of the IS operator to enter into a funding memorandum of understanding with the local board of the local unit for all student support and operational services and all instruction services, requires collaboration rather than consultation with the ISD Superintendent. 

Amends GS 115C-75.11, concerning accountability and governance for innovative schools, to require innovative schools with an IS consultant to set clear goals related to academic outcomes, learning environments, parent and community engagement, efficient and effective use of taxpayer dollars, and teacher and school leader empowerment and accountability; extends the option to apply to the ISD Superintendent for waivers to innovative schools with an IS consultant. Also requires an innovative school with an IS consultant to enter into an agreement with the school principal regarding the specific goals for the innovative school. Limits the scope of the remaining existing requirements to innovative schools with an IS operator and IS operators. Adds that an IS operator must collaborate with the ISD Superintendent in selecting, approving, or removing the school principal of an innovative school managing under the Article.

Amends GS 115C-75.12, regarding the term of supervision, to limit the scope of the statute to innovative schools with an IS operator. Eliminates the provision authorizing the ISD to act as temporary IS operator during a transition period following contract termination.

Amends GS 115C-75.13 concerning the creation of an innovation zone by a local board, to allow for an innovation zone for up to three low-performing schools within the local board's local unit (was for up to three continually low-performing schools within its local unit) if the local unit has more than 35 percent of the schools identified in the unit as low-performing for some or all (was, for all) of the low-performing schools located in the unit. Requires the leader of the innovation zone office to be selected by the local board in consultation with the ISD Superintendent (was, recommended by the ISD Superintendent) and approved by the State Board. Modifies the provisions regarding termination of an innovation zone to refer to low-performing schools rather than continually low-performing schools. Eliminates the provision which requires a low-performing school in an innovation zone to become an innovative school if the school does not exceed expected growth in the last two of five consecutive years in the innovation zone. 

Amends GS 115C-429 to require the local board to submit to the county commissioners with the budget the academic performance of the schools in the local unit, including school performance grades of each school, any schools identified as low-performing or continually low-performing or included on the ISD lists, and improvement efforts by the local board. Requires the local board to present the academic performance information at a public meeting upon request of the board of commissioners. 

Mandates that the State Board select the lowest scoring school in the state based on the school performance score in the school years 2017-18, 2018-19, 2019-20, and 2020-21 to become an innovative school in the following school year, respectively.

Requires the State Board to select innovative schools pursuant to GS 115C-75.7(a), as amended, no earlier than the 2022-23 school year for inclusion in the ISD beginning with the 2023-24 school year, unless a local board requests selection prior to that year. 

Directs the Superintendent of Education and the ISD Superintendent to jointly study the options for innovative schools and reform of low-performing schools, as described, and report to the specified NCGA committee by March 15, 2020.

Applies to schools identified based on data from the 2018-19 school year as qualifying schools for the 2019-20 school year, except as otherwise provided. 

Enacts Article 5, Tenancy by the Entirety, to GS Chapter 41. Recodifies the following statutes into the Article, as provided: GS 31A-5; GS 39-13.3(b) and (c); GS 39-13.5; GS 39-13.6(a), (b) and (c); GS 39-13.7; and GS 41-2.5. Defines conveyance, income, and spouses. 

Amends GS 41-56, GS 41-58, GS 41-59, GS 41-63, and GS 41-65 (was, GS 39-13.3, GS 39-13.6, GS 39-13.7, and GS 41-2.5) to change language from "husband and wife" and "husband or wife" in existing tenancy by the entirety provisions to "spouses" and "individual." 

Amends GS 41-56(a) (was, 39-13.6(b)) to provide that unless a contrary intention is expressed in the conveyance (currently, no provision providing for contrary intention expressed in the conveyance to control), a conveyance of real property, or any interest therein, to spouses vests title in them as tenants by the entirety when the conveyance is to a named individual and wife, or a named individual and husband, or a named individual and spouse (currently, a named individual and spouse is not included in language creating a tenancy by the entirety) or two named individuals, married to each other at the time of conveyance, whether or not identified in the conveyance as being husband and wife, spouses, or married to each other, if at the time of the conveyance they are legally married to each other. Amends GS 41-56(b) (was, 39-13.3(b)) to provide that the joinder of a spouse in a conveyance made by the grantor is not necessary but the conveyance is subject to the provisions of GS 52-10 (contracts between husband and wife) and GS 52-11 (antenuptual contracts and torts) except that acknowledgment of the spouse of the grantor is not necessary. Makes further clarifying, technical, and conforming changes to GS 41-46(c) and (d) (was, GS 39-13.5 and GS 41-2.5). Eliminates the provision in GS 41-56(d) that provides that law relating to estate or inheritance taxes is not repealed or modified by the language.

Enacts GS 41-57 to establish that when an individual furnishing consideration for real property causes title to be placed in the name of the individual and the individual's spouse, a presumption is created of a gift to the individual's spouse of an entirety interest. Provides for rebutting the presumption by clear, cogent, and convincing evidence. Excepts from the presumption instances of equitable distribution under GS 50-20 and GS 50-21.

Amends GS 41-58 (was, GS 39-13.6(a)) to prohibit either spouse from signing or paying out property held by them as tenants by the entirety without joinder of the other spouse. Adds that the mortgage or sale of an interest in real property held by spouses as tenants by the entirety where one or both spouses is incompetent is governed by the provisions of Article 15 of GS Chapter 35A. Makes conforming and clarifying changes. 

Amends GS 41-59 (was, GS 39-13.6(c)) to make technical and clarifying changes. Adds that income derived from property held by spouses as tenants by the entirety becomes personal property held by the spouses as tenants in common in equal shares. 

Enacts GS 41-60 to prohibit property held by spouses as tenants by the entirety from being held liable for individual debts or subject to individual judgment liens. Provides that the property is liable for obligations of both spouses and subject to a judgment lien against both spouses. Clarifies liabilities upon termination of tenancy by the entirety upon (1) divorce of the spouses, which converts the estate to a tenancy in common, allowing a judgment lien against the spouse which is still alive and unsatisfied to attach at that time to the spouse's undivided interest or (2) upon death of a spouse, which gives the surviving spouse the entire legal title, allowing a judgment lien against that spouse which is still alive and unsatisfied to attach at that time to the property. 

Enacts GS 41-61 providing that neither spouse is entitled to reimbursement of expenditures made on the property while the tenancy by the entirety exists. 

Enacts GS 41-62 providing that an insurance policy and proceeds on property held as tenants by the entirety inure to the benefit of the entire estate regardless of policy issuance or payment, unless the parties by contract have provided for another disposition, and the proceeds become divisible personal property held by the spouses as tenants in common.

Amends GS 41-63 (was, GS 39-13.3(4)) to make conforming and clarifying changes regarding termination of the tenancy by the entirety by conveyance from one spouse to another. Additionally provides for five events, other than death of a spouse, which terminates a tenancy by the entirety, including the voluntary sale and conveyance, voluntary partition by joint instrument, involuntary transfers, absolute divorce, and a judgement of forfeiture ordering divestment.

Enacts GS 41-64 to provide a general rule that upon death of a spouse, property held as tenants by the entirety belongs to the surviving spouse by right of purchase under the original grant or device and by virtue of survivorship. Specifies that the deceased spouse has no estate which is descendable or divisible. Modifies the slayer exception (was, GS 31A-5) to define slayer as the term is defined in GS 31A-3(3). Makes clarifying changes. 

Amends GS 41-65 (was, GS 39-13.7), concerning real property conveyed to trusts, to make conforming, clarifying, and technical changes. Adds that notice can be given in a statement of conveyance of the tenancy by the entireties real property to the trust that the real property is held under the statute and that, as of the date of the conveyance, the requirements are met providing for the application of GS 41-60(a)(1), as enacted, protecting the real property from liability for the individual debts of either spouse. Allows a person entering into a transaction involving real property held in trust under the statute to request confirmation from the trustee whether the provisions of GS 41-60(a)(1) are met at the time of the transaction. 

Amends GS 30-15 by adding that the surviving spouse may claim the allowance if, at the decedent's death, either the decedent or the surviving spouse was a resident of the state. 

As title indicates.  Effective December 1, 2019.

Amends GS 15A-1340.16(e) concerning aggravated and mitigated sentences, enacting new subdivision (14a), which provides that it is a mitigating factor that the defendant has been diagnosed as suffering from posttraumatic stress disorder (PTSD) as a result of his or her military service in one or more combat zones and is undergoing treatment for that condition. Sets out and defines PTSD for use in this section. Requires documentary evidence to be submitted to the court to verify military service and PTSD diagnosis. Effective October 1, 2019.

Amends GS 47C-1-102 to provide that new GS 47C-3-113.1 (Crime and Fidelity Policy Required) applies to all condominiums created in this state on or before October 1, 1986, unless the declaration expressly provides to the contrary.

Enacts new GS 47C-3-113.1 (concerning condominium unit owners' associations) and new GS 47F-3-113.1 (concerning planned community lot owners' associations), each captioned Crime and fidelity policy required. Requires unit owners' associations and lot owners' associations with annual assessments for common expenses of at least $25,000 or with at least $25,000 in total funds invested or on deposit to maintain a crime and fidelity insurance policy of 125 percent of the total funds on deposit or invested by the executive board plus 125 percent of the association's budget as of the last day of the association's last fiscal year, but not greater than $1 million, that insures the association against theft or dishonesty committed by the officers and members of the executive board, members of association committees, and persons employed by the association. Directs the executive board to obtain the policy on behalf of the association. Requires management agents or companies, as defined, hired by the association to be covered by a crime and fidelity insurance policy in the amount of the total annual budgets of all clients of the management agent or company, but not greater than $2 million, and that it cover the manager and the manager's employees and protect all or a portion of the association funds in the custody of the manager or manager's employees. Requires associations that cannot obtain a policy that complies with this statute to notify unit owners of that fact.

Amends GS 47C-3-118 (condominium associations) and GS 47F-3-118 (planned community associations) to delete the provision authorizing the executive board of an association or lot or unit owners to require a more extensive compilation, review, or audit.

Enacts new GS 47C-3-118.1 (condominium associations) and GS 47F-3-118.1 (planned community associations), each captioned Financial audits. Directs the executive board to provide for an annual independent financial audit by a licensed certified public accountant if the association has annual revenues, expenditures, or total account balances of $150,000 or more. Requires the audit to be completed no later than one year after the end of the fiscal year of the unit owners' association and be made available upon request to the unit owners within 30 days of its completion.

Amends GS 47F-1-102 to provide that new GS 47F-3-113.1 and new GS 47F-3-118.1 apply to all planned communities created in this state before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary.

Effective January 1, 2020. New GS 47F-3-113.1 and new GS 47F-3-118.1 apply to fiscal years beginning on or after the effective date of this act.

Amends GS 130A-190 to exempt unowned outdoor cats that have been eartipped to indicate vaccination from rabies tag requirements. Amends GS 130A-192(a) by adding two additional methods of disposal for animals not wearing rabies tags that have not been reclaimed from an animal shelter during the impoundment period: a return to the wild after sterilization and vaccination for rabies and transfer to another shelter.  Makes conforming changes. Amends GS 19A-32.1(f) by adding an additional method of disposal for animals that have been surrendered by their owners and not reclaimed during the holding period: transfer to another animal shelter. Effective October 1, 2019.

Requires the Department of Health and Human Services, Division of Aging and Adult Services (Division), effective October 1, 2019, to increase the personal needs allowance under the State-County Special Assistance program from $46 to $70 per month per recipient.

Appropriates from the General Fund to the Division $2.25 million in recurring funds for 2019-20 and $3 million in recurring funds for 2020-21 to offset the cost of increasing the amount of the personal needs allowance.

Effective July 1, 2019. 

Requires the Department of Justice, from the funds available, to plan an Eastern Regional Laboratory to be located at Elizabeth City State University. Requires a report on the associated plans, costs, and timelines to the specified NCGA committees chairs and the specified division by February 1, 2020.

Enacts new GS 14-269.9 to make it a Class 2 misdemeanor to leave a firearm in an unattended vehicle unless the vehicle is locked and the firearm is either (1) secured with a trigger lock or other safety device designed to prevent an unauthorized user from operating the firearm or (2) in a locked container. Applies to offenses committed on or after December 1, 2019. 

Enacts new Article 7E, Safe Workplace Act, under GS Chapter 120. Sets out General Assembly findings. Makes the Article applicable to legislators; regular, full-time, part-time, temporary, and contractual employees of the General Assembly; as well as unpaid volunteers and pages. This Article also applies to the interaction of these individuals away from the legislative complex at legislature-sponsored events, professional meetings and seminars, and all activities involving legislative business. 

Requires the Legislative Services Commission (LSC), Legislative Ethics Committee (LEC), by December 31, 2019, to jointly develop, adopt, and implement zero tolerance policies regarding sexual harassment, abuse, misconduct, gender bias, and all other forms of improper workplace behaviors, which must be incorported into each chamber's permanent rules. Requires the policies to include (1) mandatory annual ethics training for all legislators, legislative officers, and legislative employees, focused on identification and prevention of sexual harassment, abuse, misconduct, gender bias, and all other forms of discrimination in the workplace; (2) effective and clear sanctions for incidents of sexual harassment, abuse, misconduct, gender bias, and all other forms of discrimination in the workplace; and (3) a complaint and investigation process as provided in the act.

Provides that an individual who believes they are the subject of or has witnessed improper workplace behavior should discuss their concerns with the head of the Human Resources Office, the independent third party retained under the Article, or the person designated by the majority and minority leaders of each chamber. Requires the report recipient to take steps to resolve the problem informally. If the problem is not resolved informally to the individual's satisfaction, then the person who received the report is required to promptly refer the matter to the independent third party. Provides for confidentiality. Makes adverse actions taken in retaliation against a reporting individual or an individual participating in an investigation of a claim of harassment or discrimination subject to disciplinary action.

Requires the LSC to contract with an independent third party to provide the following services: (1) confidential information and advice to individuals who report improper workplace behavior, (2) investigative support and advice to the designated employee receiving and investigating reports of misconduct, and (3) investigative actions.

Requires any report involving a legislator or staff to a legislator to be brought to the attention of the relevant presiding officer as well as the relevant minority leader, and any report involving an employee of the LSC will be promptly brought to the attention of the Legislative Services Officer. Sets out actions that may be taken if the investigation supports a finding of a violation. Requires that if the investigation does not support a finding that this policy has been violated, the reporting individual and the individual against whom the allegation was made are to be so advised; requires advising both that retaliation for making the report is prohibited.

Allows a party to appeal the resolution and sets out the timeline for doing so and under which the presiding officer must make a decision. 

Appropriates $250,000 for 2019-20 and 2020-21 from the General Fund to the General Assembly, Legislative Services Commission, to implement the act. Sets out how the funds are to be allocated.

Effective July 1, 2019. 

Amends GS 163A-1389, making it a Class I felony for any person convicted of a crime which excludes the person from the right to vote to subsequently vote with intent to commit a fraud at any primary or election without having restored the individual's rights under the law (previously did not include an intent element in the offense). 

Amends GS 105-237 to set out parameters for installment payment agreements for owed taxes for taxpayers other than individuals. Requires installment agreements to provide a minimum period for repayment based upon the amount owed, as provided, ranging from an 18-month period of repayment for repayment amounts ranging from $7,000 to $14,499, up to a 60-month period of repayment for repayment amounts which are $50,000 or more. 

Amends GS 95-25.3 to raise the state minimum wage to $12.00 per hour for large employers (defined by a gross volume of sales made or business done equalling or exceeding $500,000, excluding excise taxes at the retail level), and to $9.00 per hour for small employers (defined by a gross volume of sales made or business done of less than $500,000, excluding excise tax at the retail level), effective January 1, 2020. Annually increases the minimum wage from the amount stated above on January 1 of each year, beginning in 2021, by the increase in the cost of living, as measured by the percentage increase of the Consumer Price Index or its successor index, as calculated by the US Department of Labor. Directs the Commissioner to calculate the indexed minimum wage rate to the nearest cent. Effective January 1, 2020.

Amends GS 115C-84.2(b) to make the date of the primary election (the Tuesday after the first Monday in March preceding the general election in even-numbered years) and the date of the general election (the Tuesday after the first Monday in November in even-numbered years) a holiday for all public school personnel and for all students enrolled in the public schools. 

Amends GS 126-4 to require the State Human Resources Commission to include the date of the primary election and the general election as paid holidays for State employees. Makes conforming changes. 

Identical to S 607, filed 4/3/19.

Amends GS 105-164.13 to exempt from sales tax services provided and property leased or rented as part of a contract to provide the following with respect to driveways, parking lots, sidewalks, roads, and rights-of-way of roads: (1) lane closure and traffic diversion services; (2) flagging services; (3) rental and installation of road signs or signals, arrowboards, work zone lighting and light towers, and radar speed devices; and (4) rental and installation of barrier devices, including cones, barrels, sentry walls, and guardrails. Amends the exemption for the sales price of or the gross receipts derived form the repair, maintenance, and installation services and service contracts listed to include services performed withing the rights-of-way of roads that are related to road construction, maintenance, or repair.

Amends GS 105-164.14 to allow the Department of Transportation (DOT) a refund of sales taxes paid on direct purchases of tangible personal property and services. Provides that sales tax indirectly incurred by DOT on building materials, supplies, fixtures, and equipment that become a part of or annexed to any building or structure owned or leased by DOT and erected, altered, or repaired for use by DOT is considered a sales tax liability incurred on direct purchases by the DOT for these purposes. 

Applies to sales made on or after July 1, 2019.

Identical to S 663, filed 4/3/19.

Amends GS 105-153.5(b) by allowing a deduction when calculating North Carolina taxable income of up to $50,000 of income derived from agricultural land (as defined) that is appraised, assessed, and taxed under GS 105-277.3 (designating special classes of agricultural, horticultural, and forestland). Effective for taxable years beginning on or after January 1, 2019, and expires for taxable years beginning on or after January 1, 2021.

Amends GS 105-277.3 by amending the requirements for agricultural land to be designated as a special class of property to require the tract to meet the income requirements for agricultural land and consist of at least 5 acres (was, 10 acres) that are in actual production. Amends the requirements for horticultural land to be designated as a special class of property to require one of the included tracts to consist of at least three (was, five) acres that are in actual production and that for the preceding three years have met the applicable minimum gross income requirement.  Amends the requirements for forestland to be designated as a special class of property to require one of the included tracts to be at least 10 acres (was, 20 acres) that are in actual production and are not included in a farm unit. Adds conditions under which land that the owner rents to another may qualify for classification under the statute. Effective for taxable years beginning on or after July 1, 2019. 

Provides that with respect to industrial hemp cultivation licenses, application with no drug-related or controlled substance felony convictions in the prior 10 years are eligible for licensure. Requires the Industrial Hemp Commission to amend the Hemp Applicant Rule consistent with this provision.

States NCGA findings related to truffle production in the State. Appropriates $200,000 in nonrecurring funds for 2019-20 to the UNC Board of Governors to support research at the North Carolina Agricultural and Technical State University intended to decrease time to production and site analysis costs for truffle production. 

Enacts new Article 55B, Truffle Cultivation Grants, in GS Chapter 106, providing as follows. Establishes the NC Truffle Cultivation Grant Fund (Grant Fund) in the Department of Agriculture and Consumer Services (DACS), with funds to be used to encourage the establishment of new truffle orchards in the state. Allows eligible farmers (who must be at least 18 and have completed specified truffle cultivation training) to apply for a grant of up to $10,000 from the Grant Fund for expenses associated with the cost of establishing a new truffle orchard. Requires a 1:1 match by the grant recipient.

Appropriates $300,000 in nonrecurring funds for 2019-20 to DACS to be credited to the Grant Fund. Requires DACS to coordinate with the research program at North Carolina Agriculture and Technical State University in effecting the purpose and goals of the grant program.

Repeals GS 113-182.1, which governed Fishery Management Plans, and replaces it with new GS 113-182.2, which provides as follows.

Requires the Division of Marine Fisheries (Division) to prepare Fishery Management Plans (Plans) and Fishery Management Plan Amendments (Amendments) for adoption by the Marine Fisheries Commission (Commission) in order to ensure a sustainable harvest for all significant species and for state marine and estuarine fisheries identified by the Division that are not included under a federal or interstate management plan. Requires the Plans and Amendments to be based on fishery management standards and best available scientific, technical, and economic data and requires that they are developed under a schedule adopted by the Division. Allows the Division to develop guidance criteria as to the content and development process. 

Requires each Plan and Amendment to be designed to reflect that fishery's unique fishing practices. Requires each Plan or Amendment to address six specified topics, including recommending management actions to ensure a sustainable harvest, and include a rebuilding schedule to achieve and maintain a sustainable harvest. Provides that once a Plan is adopted, management recommendations, strategies, and measures can be modified only through an Amendment.

Requires the Fisheries Director to provide the Chair of the Commission a list of qualified candidates to assist in the development of each Plan and Amendment, and requires the Chair to appoint members from the list to each Fishery Management Plan Advisory Committee (Advisory Committee). Sets out qualification requirements for members of the Advisory Committee.

Requires the Division to consult with the regional advisory committees on the preparation of each Plan or Amendment and requires the Division to seek advice from those committees and review their comments and recommendations within the established time limits before submitting a Plan or Amendment for review by the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. Also requires the Commission to consider comments or recommendations regarding the management measure that a regional advisory committee submits to the Division. 

Requires each Plan or Amendment to be reviewed every five years to ensure that the management measures meet the rebuilding schedule to achieve a sustainable harvest. Requires presentation of an annual update to the Commission. Sets out conditions under which a Plan or amendment may be retired. Allows the Division to revise the schedule for developing Plans and Amendments.

Requires the Secretary of Environmental Quality (Secretary) to monitor progress in the development and adoption of the Plans and Amendments and to report to the specified NCGA committee and division within 30 days of completion. Sets out timeline for the committee to provide comments. 

Requires the Commission to adopt rules to implement the Plans.

Allows the Commission to include in a Plan a recommendation that the General Assembly limit the number of fishermen authorized to participate in the fishery; allows such recommendation only if the Commission determines that a sustainable harvest cannot otherwise be achieved. Sets out eight factors to be considered in deciding whether to make such a recommendation.  

Allows the Secretary, in consultation with the Director, to authorize development of a Fishery Management Plan Supplement to an existing Plan or Amendment if it is in the interest of maintaining a sustainable harvest. Provides that the Supplements are temporary and intended to address emergency conditions that cannot be practicably addressed through the Plan or Amendment process. Exempts the Supplement from specified procedural requirements and sets out additional provisions governing the adoption of a Supplement.

The above provisions become effective July 1, 2019. Allows Plans and Amendments that were under development before that date to continue under the process set out in repealed GS 113-182.1. 

Amends GS 113-221.1 to require proclamations that suspend or implement particular rules of the Commission whose application may be affected by variable conditions to be consistent with management measures adopted under GS 113-182.2 or as otherwise provided by Commission rules. Amends the provision allowing the calling of an emergency Commission meeting to consider the issuance of a proclamation to exclude issuing a proclamation for management measures already adopted under GS 113-182.2.

Amends provisions related to the Commission as follows. Amends GS 143B-289.52 to require that rules adopted by the Commission and management measures in the rules be based on recognized fishery management standards and the best available scientific, technical, and economic data. Amends the Commission's duties to allow delegating to the Director the authority by proclamation to suspend or implement a particular rule of the Commission that may be affected by variable circumstances to a fishery resource or habitat. Makes conforming changes to the duty to adopt a Fishery Management Plan. Specifies that the Commission's power to establish standards and adopt rules to regulate the importation and exportation of fish and equipment that may be used in taking or processing fish includes non-native species. Allows the Commission to regulate participation in a fishery subject to a federal fishery management plan if it imposes a quota or allocation (was, quota only) on the State for the harvest or landing of fish in the fishery. Allows the Commission to use any additional criteria aside from holding coastal recreational fishing licenses. 

Amends GS 143B-289.54 by amending the requirements for Commission membership by (1) removing provisions allowing the spouse of a commercial fisherman meeting the specified requirements to be appointed as a member; (2) requiring one person to be a recognized habitat, water quality, or ecosystems scientist with specified special training and expertise, and another person to be a recognized fisheries scientist with specified special training and expertise (these replace two individuals who were required to more broadly have general knowledge of and experience related to subjects and persons regulated by the Commission), and requires that the person not receive more than the specified amount of income from commercial or sports fishing industries; and (3) requiring that the already described appointee who is a fisheries scientist be recognized as such. Requires that the membership include at least one person who is a resident of the three named regions (was, more generally, a resident of each of the three coastal regions). Allows a person serving on the Commission at the time that the act becomes law to continue to serve for their remaining term even if they no longer meet the qualifications of amended GS 143B-289.54.

Specifies that other than routine communications sent from Division staff to all Commission members, any electronic, oral, or other communications (was, only electronic communications) among a majority of the Commission is considered an official meting. 

Adds the requirement that the Commission establish and publish a written agenda for the its quarterly meetings. Prohibits a member from moving to deliberate or vote on any business or issue not previously noticed on the meeting agenda once a meeting is convened. Allows members to move at the meeting to deliberate or vote on new business or issues for future meetings.

Amends GS 143B-289.57 by amending requirements for the Marine Fisheries Commission Advisory Committees, as follows. Decreases the number of standing advisory committees from four to three and the number of regional advisory committees from four to two. Requires that the designation of chairs be based on recommendations by the Division. Makes provisions governing standing advisory committees also applicable to regional advisory committees and makes conforming changes. Adds that if the Commission rejects a conclusion or recommendation from an advisory committee, the Commission must provide its reasons for doing so, in writing. 

Amends GS 113-136, concerning the enforcement authority of inspectors and protectors, as follows. Specifies that the authority to enforce criminal laws in the limited circumstances described applies to both inspectors and protectors, rather than just protectors. Makes it unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect equipment, fish, or wildlife that the officer reasonably believes to be possessed incident to an activity regulated by any law or rule as to which inspectors and protectors have enforcement jurisdiction (previously limited the inspection of fish and wildlife to ensuring compliance with bag and size limits). Eliminates the provisions which require the officer to have reasonable suspicion a violation was committed to require inspection, except for inspecting shotguns to confirm whether plugged or unplugged. Makes conforming deletions. 

Amends GS 113-132 by providing that the Commission's jurisdiction includes the regulation of aquaculture facilities that cultivate or rear marine and estuarine resources, marine aquatic species, or non-native species (was, marine and estuarine resources only). Specifies that the jurisdiction of the Commission does not include matters clearly within the jurisdiction of the Department, including policy matters.

Amends GS 113-170 to allow Commission rules to include regulating, licensing, prohibiting, or restricting holding or maintaining in marine aquaculture operations in the state, as well as exportation of non-native species.

Amends GS 113-170.3 to include within those records that are not public records and that are to be treated as confidential (1) specified records received by the Department and (2) confidential federal fishery data and records concerning species significant to the State that are maintained by and received from the National Oceanic and Atmospheric Administration. 

Repeals GS 113-181, which made it the Department's duty to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and estuarine resources, replacing it with GS 113-181.1, which expands upon that duty to also include the management of those resources and the development and implementation of Fishery Management Plans and Amendments and Coastal Habitat Protection Plans.

Amends GS 113-228 to provide that to the extent the Department is granted authority over subject matter as to which there is concurrent federal or interstate jurisdiction, the Commission may by reference in its rules adopt relevant provisions of federal or interstate laws, regulations, and management measures as State rules. 

Includes a severability clause.