Senate committee substitute makes the following changes to the 3rd edition. 

Eliminates the provisions of Part V of the act (amending GS 15A-622 concerning when a grand jury can be convened) and the provisions of Part VI of the act (amending GS 15A-623 regarding records of grand jury investigations and subpoena procedures). Makes conforming organizational changes. Makes conforming changes to the act's long title.

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

Modifies the proposed changes to GS 90-625 to now maintain the seven-member NC Board of Massage and Bodywork Therapy (Board) rather than increasing the Board's membership to eight. Eliminates the licensed massage and bodywork therapist member appointed by the Governor. Modifies the qualifications of the added member appointed by the Governor who must be currently licensed to operate a massage and bodywork therapy establishment by making the proposed language uncodified, which allows the appointment of a current owner of such an establishment if the Board has not yet begun to issue any licenses for operation of the establishments. Eliminates term specifications for members appointed subsequent to the initial new member. Makes conforming changes.

Senate amendment #1 to the 2nd edition makes the following changes.

Modifies the proposed changes to GS 14-135 to add a qualification to the offense of larceny of timber by means of knowingly and willfully cutting down, injuring, or removing any timber owned by another person, to specify that the offense is limited to instances where the person did not have consent of the owner of the land or the owner of the timber or did not have a lawful easement running with the land. Modifies the proposed provisions regarding the offense of larceny of timber by nonpayment to the owner to refer to the owner of the timber rather than the owner of the land. Makes organizational and clarifying changes to the proposed restitution provisions. Adds that restitution must also include the cost incurred by the owner to determine the value of the timber. Requires the value of the timber as used in calculating restitution to be based on the stumpage rate of the timber. 

Senate amendment #1 makes the following changes.

Modifies proposed GS 14-18.4 to change the elements established for the offenses of death by distribution of certain controlled substances and aggravated death by distribution of certain controlled substances to require that the person's unlawful sale or delivery of the certain controlled substance(s) was the proximate cause of the victim's death (rather than a proximate cause). Additionally, provides that a person cannot be prosecuted under the statute if the person would qualify for limited immunity under state law concerning drug-related overdose treatment, GS 90-96.2 (previously, specified that the statute does not restrict or interfere with the rights and immunities provided under GS 90-96.2).

Senate 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 provide a 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 to 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. 

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

Deletes Part II of the act concerning limiting payouts of member contributions if the member is under felony indictment. 

Deletes Part IV of the act concerning compliance with the Department of State Treasurer and fraud reviews. 

Makes conforming changes to the act's long title.

Senate committee substitute to the 1st edition makes the following changes. Amends the definition provided for private protection services in GS 9-12 to exclude an employee of a security department of a private business or other employees whose primary duty involves loss prevention or that conduct investigations (was, an employee of a private business that conducts investigations) on matters internal to the business affairs of the business or related to the location, disposition, or recovery of lost or stolen property. Further limits this to instances where the lost or stolen property is reasonably believed to be owned by the business. 

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

Part I. 

Adds to proposed GS 135-6(n1) to require that before undertaking each quinquennial actuarial experience review, the Board of Trustees of the Teachers' and State Employees' Retirement System must report to the NCGA and the Governor an estimate of the range of likely employer contributions over 20 years based on analysis that simulates the volatility of annual investment returns above and below the expected rate, applying methodology determined by the actuary, in addition to the previously proposed 12 items the Board must report concerning the Retirement System. 

Part II.

Modifies the proposed changes to GS 135-48.5, which requires that any unencumbered balance in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund at the end of each fiscal year be used in three specified ways in the specified order. Now provides, as the second use, that an amount determined by the State Treasurer, subject to approval by the Board of Trustees, not to exceed 25% rather than 50% of any unencumbered balance remaining after providing for incurred but unpresented claims, may be transferred to the Retiree Health Benefit Fund.

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

Makes organizational changes to the proposed changes to GS 50B-3, which specify the expiration of domestic violence protective orders. 

Amends GS 50B-7, establishing that subsequent orders entered supersede similar provisions in protective orders issued under the Chapter. Removes identical language from existing law in GS 50B-3 regarding the award of temporary custody of minor children. Makes conforming changes to the act's long title.

Changes the effective date of the act from when it becomes law to December 1, 2019.

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

Deletes the proposed changes to GS 53-176, which increased the maximum loan processing fee a licensee under the North Carolina Consumer Finance Act can assess.

Makes conforming changes to the act and the act's titles.

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

Amends GS 113-182.2 to require that the Marine Fisheries Commission (Commission) consider any comment or recommendation that a regional advisory committee submits to the Division of Marine Fisheries (was, submits to the Commission) before the Commission adopts a Fishery Management Plan or Fishery Management Plan Amendment. 

Amends GS 143B-289.54 by amending the membership of the Commission as follows. Reinstates the requirement that one person be actively engaged in, or recently retired from, commercial fishing as demonstrated by currently or recently deriving at least 50% of annual earned income from taking and selling fishery resources in coastal fishing waters (previous edition required that 50% of annual earned income be from selling wild and aquacultured resources). Removes the change that would have allowed one person to be engaged in the for-hire or sports fishing industries, returning the requirement to engagement in the sports fishing industry only. 

Further amends GS 113-136 by giving inspectors, as well as protectors, authority to enforce criminal laws when there is probable cause to believe that a person committed a criminal offense in his presence and at the time of the violation the inspector or protector is engaged in the enforcement of laws otherwise within his jurisdiction, or when the inspector or protector is asked to provide temporary assistance by the head of a State or local law enforcement agency or his designee and the request is within the scope of the agency's subject matter jurisdiction. Incorporates the language of proposed subsection (k1) into existing subsection (k) and makes conforming changes. Also makes it illegal to refuse to allow inspectors, protectors, or other law enforcement officers to inspect wildlife, no longer requiring that it be done for the purpose of ensuring compliance with bag and size limits. 

Deletes the changes to GS 113-129, which defined non-native species.

Clarifies that the Commission does not have jurisdiction over matters clearly within the jurisdiction of the Department of Environmental Quality only (was, Department of Agriculture and Consumer Services and the Department of Environmental Quality). 

Deletes the changes to GS 113-215, which included non-native species under the definition of marine aquaculture.

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

Expands proposed GS 84-5(c) to more specifically allow S corporations to represent themselves and appear in any state court using a nonattorney representative who is an owner of at least 25% of the business entity (previously, generally exempt S corporations from the statute's prohibition against allowing corporations to practice law or appear as an attorney).

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

Adds the following. Amends GS 90-187.10 by providing that Article 11 (Veterinarians) does not prohibit a person from administering to food animals or to animals maintained for the produce of food or fiber; administering first aid (not including surgical or invasive procedures) to companion animals in emergency situations; or administering routine disease prevention pharmaceuticals to companion animals, so long as the animals are owned by the person or their employer.

Adds the requirement that the Veterinary Medical Board adopt rules to implement the changes to GS 90-186 that allowed the Board to establish requirements for a veterinary facility permit and requirements for a supervising veterinarian for each facility maintaining a valid veterinary facility permit.

Makes organizational changes.

Amends the act's effective date, which was October 1, 2019, and now makes changes effective when the act becomes law with changes to GS 90-181.1, GS 90-816 (except those described above), GS 90-187.10, the repeal of GS 90-187.11, and changes to GS 90-187.12 effective 60 days after the adoption of the required rules.