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

Adds to GS 18B-500 to grant the Secretary of the Department of Public Safety (DPS) appointing authority and supervisory responsibility of the Director of the Division of Alcohol and Law Enforcement (ALE), as transferred to DPS by the act. Adds that the ALE Director can appoint and supervise assistants (was, appoint only). Additionally authorizes the ALE Director to appoint a regular employee of the Alcoholic Beverage Control Commission (ABC Commission) as an ALE Agent so long as the employee is employed by the ABC Commission and serving as an ALE Agent on January 1, 2019. Makes organizational changes and modifies ALE agents' primary responsibilities to include enforcement of GS Chapter 18B. No longer includes enforcement of the provisions of GS Chapter 143B (executive organization laws).  Modifies ALE agents' subject matter jurisdiction (SMJ), now set out to include enforcement for any criminal offense:

• Occurring, encountered, or otherwise discovered on the premises or elsewhere relating to a location under application for or holding a permit issued by the ALE Commission or the Education Lottery Commission;
• Encountered or otherwise discovered while investigating or enforcing matters for the ALE Commission or the Lottery Commission, or provisions of the laws of which the agents are primarily charged with enforcing (previously, SMJ did not specifically include offenses encountered or discovered while investigating or enforcing matters of either Commission);
• Encountered or discovered while carrying out any duty or function assign to the Division by law (this SMJ not previously limited to criminal offenses);
• Occurring in an agent's presence; and
• When assisting another law enforcement agency (this SMJ not previously limited to criminal offenses but was limited to during investigations only).

Now specifies that ALE agents have full power and authority as peace officers to execute criminal process, respond to and take enforcement action for any crime of violence or breach of peace, and additional duties directed by the Governor or the Secretary of DPS when necessary for security at a public event, or protection of persons or property due to a disaster or state of emergency. Modifies the ALE Director's authority regarding shifting personnel from districts to no longer subject the action to rules adopted by DPS.

Amends the definition of ABC system set forth in GS 18B-101 to include the designated ABC law enforcement officers employed under GS 18B-501 rather than the ALE Division and all of its employees. Makes a clarifying change.

Amends GS 143-63.1 to authorize the ALE Division to sell, trade, or dispose of any surplus weapons it possesses to any federally licensed firearm dealers.

Amends GS 143-341 to exempt motor vehicles under the ownership, custody, or control of the ALE Division from the Department of Administration's scheduled transfer of ownership, custody, or control to that Department.

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

Adds to the proposed changes to GS 7B-302, adding to the findings which must be satisfied prior to disclosure by the department of social services of otherwise confidential information to an appropriate military authority. Now conditions the disclosure upon the director finding evidence that a juvenile has been abused or neglected in addition to the previous required finding that the parent, guardian, custodian, or caretaker of the allegedly abused juvenile has a military affiliation (previously required the department rather than the director to make the finding).

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

Makes organizational changes to the proposed changes to GS 14-208.16, which add a new restriction to prohibit a sex offender registrant from knowingly residing within 1,000 feet of the property on which any organized residential youth camp is located. Limits the proposed restriction to either (1) persons who committed any offense in Article 7B (Rape and Other Sex Offenses), or any substantially similar federal offense or offense of another state, upon which the person has been found to present or may present a danger to minors under 18 years or (2) persons who committed any offense where the victim was under the age of 18. Amends the definition of organized residential youth camp to mean a previously described program or facility that provides permanent or semi-permanent lodging, meals, and activities for eight or more children over four or more consecutive nights at least six times each calendar year (was, on an annual basis). Changes the effective date of the act to December 1, 2019 (was, the date the act becomes law).

Changes the act's long title.

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

Amends the definition of special tool or essential tool by adding that it must also be required by the manufacturer or distributor. 

Further amends GS 20-305 to make it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative whatsoever of any of them, to require, coerce, or attempt to coerce any new motor vehicle dealer in the state to purchase or lease a specific dealer management computer system for communication with the manufacturer, factory branch, distributor, or distributor branch (previously, only extended to purchase or lease of any computer hardware or software used for any purpose other than the maintenance or repair of motor vehicles). Limits the proposed exception to now provide that instead of purchasing or leasing any special tools that are required by a manufacturer, factory branch, distributor, or distributor branch, a franchised dealer that sells fewer than 350 new motor vehicles per year may request approval from the manufacturer to enter into a local tool loaner agreement with another dealer if eight conditions are met (previously allowed dealers to share access to special tools with other dealers if four specified conditions are met, wholly distinct from the new conditions). Among the conditions that must be satisfied for a local tool loaner agreement are requirements that all participating dealers be located within a 40-mile radius of the dealer responsible for purchasing the specified special tools, the agreement be capped at five participating dealers, and the agreement be approved by the manufacturer, including the list of participating dealers and eligible special tools. 

Adds to the proposed changes to GS 20-305 which (1) allow franchised new motor vehicle dealers who believe that it is unreasonable for a manufacturer, factory branch, distributor, or distributor branch with whom the dealer has entered into a franchise to include one or more portions of the dealer's existing area of responsibility previously assigned to that dealer to request the elimination of the contested territory from the dealer's area of responsibility by submitting a written request and (2) allow a dealer to file a petition within 60 days of receiving notice of the manufacturer's rejection of the dealer's request to eliminate the contested territory. Now qualifies the rights of new motor vehicle dealers under the subdivision on the dealer having not previously filed a petition under the subdivision within the preceding 48 months regarding the dealer's currently assigned areas of responsibility. Deems the dealer's request accepted if notice of objection of the request is not sent within 60 days of request (was, within 30 days). Specifies that in an evidentiary hearing of a dealer's petition contesting the proposed assignment or changes of the dealer's area of responsibility by a manufacturer, factory branch, distributor, or distributor branch, the burden of proof is on the affected manufacturer, factory branch, distributor or distributor branch. Establishes that in an evidentiary hearing for a dealer's petition to eliminate contested territory from the dealer's existing area of responsibility previously assigned to the dealer by the manufacturer, factory branch, distributor, or distributor branch, the burden of proof is on the dealer to prove that the continued inclusion of the contested territory in the dealer's area of responsibility is unreasonable under the circumstances or has been assigned arbitrarily in light of the present or projected future pattern of motor vehicle sales and registrations within the franchised dealer's new motor vehicle dealer's market.

Eliminates the proposed changes to GS 20-305(51) (provisions which make it unlawful to establish, implement, or enforce criteria for measuring the sales or service performance of certain of its franchised new motor vehicle dealers in this state and instead maintains existing statutory language).

Modifies proposed GS 20-305(52) to now make it illegal to prohibit or unreasonably limit or restrict a dealer from offering for sale over the Internet (previously, to prohibit, limit, or restrict a dealer from selling over the Internet) parts and accessories obtained by the dealer from the manufacturer, factory branch, distributor, or distributor branch, or from any source recommended or approved by such entities. Specifies that the new subdivision does not eliminate or impair the intellectual property rights of a manufacturer, factory branch, distributor, or distributor branch.

Adds to the proposed changes to GS 20-305.1 (concerning automobile dealer warranty and recall obligations) to exclude audits conducted for cause from the proposed limitation of one audit per 12-month period for (1) warranty or recall parts or service compensation, or compensation for a qualifying used motor vehicle, and (2) for sales incentives, service incentives, rebates, or other forms in incentive compensation. Defines audit conducted for cause to mean an audit based on either statistical evidence that the dealer's claims are unreasonably high or that the dealer's claims submissions violate reasonable claims documentation or other applicable requirements of the manufacturer, factory branch, distributor, or distributor branch. Requires the manufacturer, factory branch, distributor or distributor branch which elects to perform an audit conducted for cause to explain in detail in the audit notice the data or other foundation upon which the cause is based. Similarly, provides that the statute does not prohibit or limit a manufacturer, factory branch, distributor, or distributor branch from conducting an audit of sales or leases made by one of its franchised dealers with known exporters or brokers for cause at any time during the permitted time period. Specifies that these provisions apply to audits of a dealer by a manufacturer for sales or leases made to known exporters or brokers. Defines for cause under this provision to mean the dealer's sale or lease of motor vehicles to individuals identified on a list of known motor vehicle exporters or brokers previously provided by or posted on a website made accessible to the dealer by the manufacturer, factory branch, distributor, or distributor branch.

Adds to the proposed changes to GS 20-305.7, establishing that the dealer's data contained in or on a dealer management computer system owned or leased by a dealer located in the state is the sole and exclusive property of the dealer. Defines dealer data and dealer's data to mean information or other data that has been entered or stored on the dealer's dealer management computer system by an officer, employee, or contractee of the dealer, whether stored or hosted on-site at a dealer location or on the cloud, or at any other remote location, that relates to one of the 13 subjects; excludes proprietary software of the dealer management computer system provider. Further modifies one of the three conditions that must be met in order to avoid voiding the requirement to include that the dealer is either permitted to restrict the data fields that may be accessed in the dealers's dealer management computer system (was, dealer's computer system), or the dealer is allowed to provide the same data or information by furnishing the data in a widely accepted file format. Now makes it unlawful for any manufacturer, factory branch, distributor, or distributor branch to fail or refuse to a provide dealer notice, in a standalone written document, at least 45 days (was, at least 60 days) before making any changes in any of the dealer or customer data the dealer is required to share. Makes clarifying changes.

Consolidates and modifies the prohibitions established in proposed GS 20-305.7(b1) (applicable to any manufacturer, factory branch, distributor, distributor branch, dealer management computer system vendor, or any third party with access to a dealer management computer system) and (b2) (applicable to any dealer management computer system vendor or other third party who has access to any dealer management computer system). Now, makes it unlawful for any dealer management computer system vendor or any third party with access to a dealer management computer system to (1) take any action that would prohibit or limit a dealer's ability to protect, store, copy, share, or use any customer or dealer information maintained in a dealer management computer system used by a new motor vehicle dealer located in the state; (2) access, use, store, or share any dealer data from a dealer management computer system in any manner other than by express written agreement; (3) fail to provide the dealer with the option and ability to securely obtain and push dealer data to third parties; (4) fail to promptly provide a dealer a written listing of all entities with whom the dealer's data is shared currently and over the preceding three years upon request; (5) fail to allow a dealer the ability to verify the data from the dealer's dealer management computer system provided or shared with third parties; (6) fail to allow and facilitate a dealer to audit the dealer management computer system and any specific data fields and data obtained or obtainable from its system; and (7) fail to promptly facilitate the transfer of the dealer's data maintained on its dealer management computer system to another system vendor in a secure, usable manner upon the dealer's written request any contract or agreement regarding the hardware or software related to the dealer's dealer management computer system, or hold the dealer responsible for fees in excess of reasonable charges incurred in the transfer. Specifies that service providers are permitted to recoup development costs incurred to provide the services involved and to make a reasonable profit on the service provided concerning transfers and access to information.

Further amends GS 20-308.1 concerning when a cognizable injury to the collective interest of the members of the motor vehicle or motorcycle association is deemed to have occurred when a manufacturer, factory branch, distributor, or distributor branch doing business in this state engages in any conduct or takes action that has harmed or would harm or which has or would affect either (1) the majority of its franchised new motor vehicle dealers in the state or (2) a majority of all franchised new motor vehicle dealers in the state (previously provided for the affect of all or a substantial number of franchised new motor vehicle dealers in the state). Establishes that a court's declaratory ruling on the Article's applicability to or interpretation of the rights and obligations of one or more manufacturers or dealers is collateral estoppel in any subsequent civil action or administrative proceeding involving the same manufacturer(s) or the same dealer(s) on all issues of fact and law decided in the original civil action in which the association was a party. 

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

Eliminates the proposed changes to GS 105-277.02, which extended the time period from three to five years during which residential real property held for sale by a builder can be excluded from property tax.

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

Makes the following changes to proposed Part 4A to Article 6 of GS Chapter 131E, Birth Center Licensure Act (Act).

Excludes ambulatory surgical facilities from the definition of birth center.

Modifies the appointment provisions of NC Birth Center Commission (Commission) members, providing for appointment of six members by the Governor, and the Speaker or the President Pro Tempore from among those elected by the NC Obstetrical and Gynecological Society and the NC Affiliate of the American College of Nurse-Midwives, as specified. Specifies that the seventh member appointed by the Governor must be ineligible for appointment under the other appointment provisions and must have professional experience and familiarity with the administrative aspects of obstetrical care practices and facilities, including birth centers. Establishes four-year terms for members and prohibits serving for more than two consecutive terms. Requires initial appointments be made no later than 60 days after the effective date of the act. Provides for staggered terms. Specifies that partial terms of initial members for staggering member terms do not count as full terms for purposes of the term limitations. 

Concerning the Commission's duty to adopt rules establishing birth center licensure requirements, requires the rules to require each licensed birth center to report certain unexpected occurrences and adverse outcomes to the Commission for the Accreditation of Birth Centers and the Department of Health and Human Services (Department) within a timeframe established by the Commission, rather than within 15 days after the occurrence.

Adds a new statute to the proposed Part to authorize the Commission, its members, and staff to release confidential or nonpublic information to any health care licensure board or DHHS personnel with relevant enforcement or investigative responsibilities. Requires the Commission to notify a licensee within 60 days after the information is transmitted and include a summary of the information transmitted. Allows the licensee to request a copy of the information transmitted within 30 days of notification. Prohibits the provision of notice of copies pending ongoing criminal investigation by any law enforcement agency or DHHS personnel with enforcement or investigative responsibility. 

Specifies that the act applies to licenses granted one year after the rules promulgated by the Commission are adopted. Directs the Codifier of Rules to notify the Revisor of the effective date of the rules.

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 20-54(c), which provides that stops due to failure to pay an amount due to any entity for any reason are not effective until the DMV vehicle records state the amount that must be paid to clear the stop, by: (1) also requiring that a process be in place allowing the owner to clear the stop by paying the required amount before the stop is effective and (2) making these provisions applicable to vehicle title or registration stops imposed by laws enacted on or after January 1, 2019 (was, January 1, 2018).

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

House committee substitute to the 1st edition makes technical changes to GS 24-1.1 by updating the existing statutory language. 

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

Changes the act's long title. Makes organizational and technical changes.

Eliminates the proposed change to GS 55A-12-02, exempting nonprofits from having to provide notice to the Attorney General of the disposal of assets pursuant to a properly adopted plan of dissolution. 

Modifies the proposed changes to GS 131F-3, which increases the minimum total contribution threshold for charitable solicitation licensing requirements from $25,000 to $50,000. Maintains existing language that prohibits such organizations from providing compensation to any officer, trustee, organizer, incorporator, fund-raiser, or solicitor (previously removed organizers and incorporators from the prohibition). Now specifies that compensation to any organizer or incorporator does not include professional fees paid to licensed attorneys or accountants. Removes the option to show that the charitable organization has received less than $50,000 by providing a copy of the message confirming submission of IRS Form 990-N. Modifies the option to show that the charitable organization has received less than $50,000 by providing a copy of the organization's current year's budget to specify that the budget must have been approved by its governing board.

Changes the effective date of the proposed changes to GS 55A-11-02 and GS 55A-11-09 from October 1, 2019, to the date the act becomes law. Makes technical changes to the effective date provisions. 

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

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

Modifies the provisions concerning the three proposed lists set forth in GS 115C-75.7 from which the selection of innovative schools is to be based. Regarding the qualifying list, requires the Innovative School District (ISD) Superintendent or a designee to hold a public hearing to share information about the ISD selection process, potential impacts of the designation as an innovative school, potential support and improvement for the school, and any other information deemed necessary by the Superintendent. Requires 10 days' public notice and direct notice to parents of students and employees of the hearing. Regarding the watch list and warning list, requires the local board of education to provide 10 days' notice to the ISD Superintendent of the public hearing and provide the Superintendent with the opportunity to present any part of the presentation at the meeting. Additionally requires the ISD Superintendent to share the same information described for the qualifying list public hearing. 

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

Modifies the proposed changes to GS 159G-23 regarding the Division of Water Infrastructure's required consideration of an application's effect on impaired waters during its evaluation of applications for loans and grants from the Wastewater Reserve or the Drinking Water Reserve. Concerning the proposed provision requiring greater priority to be given to projects which improve impaired waters of the state that serve a public water supply for a large public water system, modifies the definition of large public water system to now mean one serving more than 175,000 service connections rather than 500,000 customers. 

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

Further amends GS 143-128.1A concerning public design-build contracts. Now defines licensed subcontractor to include persons or entities that will be performing work under the design-builder rather than under a licensed contractor, and excludes design professionals or employees of the design builder rather than employees of the licensed contractor. Now defines unlicensed subcontractor to include persons or entities that will be performing work under the design-builder rather than under a licensed contractor, and excludes design professionals or employees of the deign-builder rather than employees of the licensed contractor (previously also required that an unlicensed subcontractor not be a licensed subcontractor or design professional). Specifies that the scope of the work proposed for a project by an unlicensed subcontractor cannot require licensure under Articles 2 or 4 of GS Chapter 87 (regarding plumbing, heating, and electrical contractors). Modifies the changes to the alternative options for the statement a design-builder must include in its response to a governmental entity's request for qualifications as follows. Now allows for the governmental entity's request for qualifications to specify which of the statement options the design-builder is to include. Provides that the statement can consist of either option if the governmental entity does not specify which the design-builder must provide. Makes conforming changes. Modifies the second option to now prohibit the design-builder from entering into negotiated contracts with first-tier subcontractors (previously allowed the design-builder to enter into negotiated subcontracts with those listed licensed or unlicensed subcontractors in lieu of bidding the scope of work that would otherwise be performed by the identified licensed or unlicensed subcontractors). Specifies that the design-builder's certification regarding each design professional's competence and qualifications is to be included in the response to the request for qualifications.

Further amends GS 143-128.1B concerning public design-build bridging contracts. Excludes from the design criteria package the costs of the subcontractor work. More specifically requires the governmental entity's request for proposal to include a statement requiring each design-builder to submit in a separate sealed envelope contemporaneously with the response to the RFP, the design builder's fixed fees for designing and constructing the project in accordance with the requirements set out in the request criteria and the terms and conditions in the form of the contract, separately listed as previously specified. Specifically excludes the costs of the subcontractor work from the statement. 

House committee substitute to the 1st edition makes the following changes. Amends the membership of the Opportunity Gap Task Force (Task Force) to allow the Governor's Senior Education Advisor's designee to serve in his or her place and replaces the Executive Director of NC Child with the Executive Director of the NC Association of Public Charter Schools or his designee. Instead, adds that the Task Force must extend invitation to receive input from the Executive Director of NC Child, the President of Parents for Educational Freedom in North Carolina, or their designees, and the Public School Forum of North Carolina. Updates the total listed number of Task Force members. Adds to the items that the Task Force must consider in its study the effective access to and use of technology, including connectivity for students and their families, devices, and software. Changes the due date of the final report to December 1, 2020 (was, September 1, 2020), and makes conforming changes to the date of the termination of the Task Force.

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

Further expands the authority provided in GS 116A-19.31 to include closure of streets, highways, bridges, and other areas ordinarily used for vehicular travel (was only roads and public vehicular areas). Limits closures under the authority to the emergency area under the local declaration. Adds that an ordinance can designate the sheriff to exercise the authority granted by the act. Subjects the authority granted by the act to GS 166A-19.70(c) and (d), concerning when ordinances dealing with states of emergency and their restrictions and limitations take effect. 

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