North Carolina 2019-2020 Session Status: Enacted 1 R cosponsors

SB 353 — Amend Cartway Path/Septic Tank Laws.

Last action — Signed by Gov. 9/4/2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

45 added · 43 removed

Plain-language change summary

The latest version of SB 353 added a title to clarify that it pertains to the General Assembly of North Carolina during the 2019 session. Additionally, it streamlined the introduction by removing earlier references related to the bill's filing details. These changes help make the document clearer and more focused, which is important for ensuring that readers and lawmakers can easily understand the context and purpose of the bill.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 353 Judiciary Committee Substitute Adopted 4/17/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 353 Short Title:
Senators McInnis, Gunn, and Wells (Primary Sponsors).
March 26, 2019 A BILL TO BE ENTITLED AN ACT TO ALLOW FOR THE LAYING OFF OF A CARTWAY OF UP TO THIRTY FEET.
Rules and Operations of the Senate March 26, 2019 A BILL TO BE ENTITLED AN ACT TO ALLOW FOR THE LAYING OFF OF A CARTWAY OF UP TO THIRTY FEET IF GOOD CAUSE IS DEMONSTRATED.
136-68), and if it shall be made to appear to the court necessary, reasonable and just that such person shall have a private way to a public road or watercourse or railroad over the lands of other persons, the court shall appoint a jury of view of three disinterested freeholders to view the premises and lay off a cartway, tramway, or railway of not less than 18 feet in width, width and not more than 30 feet in width, or cableways, chutes, and flumes, and assess the damages the owner or owners of the land crossed may sustain thereby, and makereportoftheirfindings in writingto theclerk ofthesuperiorcourt.Exceptions to said report may be filed by any interested party and such exceptions shall be heard and determined by the clerk of the superior court.
136-68), and if it shall be made to appear to the court necessary, reasonable and just that such person shall have a private way to a public road or watercourse or railroad over the lands of other persons, the court shall appoint a jury of view of three disinterested freeholders to view the premises and lay off a cartway, tramway, or railway of not less than 18 feet in width, or cableways, chutes, and flumes, and assess the damages the owner or owners of the land crossed may sustain thereby, and make report of their findings in writing to the clerk of the superior court.
The clerk of the superior court may affirm or modify said report, or set the same aside and order a new juryof view.
The jury of view may lay off a cartway, tramway, or railway of greater than 18 feet in width, but no more than 30 feet in width, if it determines there exists necessity or good cause.
All damages assessed bya judgment of the clerk, together with the cost of the proceeding, shall be paid into the clerk's office before the petitioners shall acquire any rights under said proceeding.
Exceptions to said report may be filed by any interested party and such exceptions shall be heard and determined by the clerk of the superior court.
… (c) Where a tract of land lies partly in one county and partly in an adjoining county, or where a tract of land lies wholly within one county and the public road nearest or from which the most practical roadway to said land would run, lies in an adjoining county and the practical way for a cartway to said land would lead over lands in an adjoining county, then and in that event the proceeding for the laying out and establishing of a cartway may be commenced in either the county in which the land is located or the adjoining county through which said cartway would extend to the public road, and upon the filing of such petition in either county the clerk of the court shall have jurisdiction to proceed for the appointment of a jury from the county in which the petition is filed and proceed for the laying out and establishing of a cartway as if the tract of land to be reached by the cartway and the entire length of the cartway are all located within the bounds of said county in which the petition may be filed." *S353-v-2* General Assembly Of North Carolina Session 2019 SECTION 2.
The clerk of the superior court may affirm or modify said report, or set the same aside and order a new jury of view.
All damages assessed by a judgment of the clerk, together with the cost of the proceeding, shall be paid into the clerk's office before the petitioners shall acquire any rights under said proceeding.
… (c) Where a tract of land lies partly in one county and partly in an adjoining county, or where a tract of land lies wholly within one county and the public road nearest or from which the most practical roadway to said land would run, lies in an adjoining county and the practical way for a cartway to said land would lead over lands in an adjoining county, then and in that event the proceeding for the laying out and establishing of a cartway may be commenced in either the county in which the land is located or the adjoining county through which said cartway would extend to the public road, and upon the filing of such petition in either county the clerk of the court shall have jurisdiction to proceed for the appointment of a jury from the county in which *S353-v-1* General Assembly Of North Carolina Session 2019 the petition is filed and proceed for the laying out and establishing of a cartway as if the tract of land to be reached by the cartway and the entire length of the cartway are all located within the bounds of said county in which the petition may be filed." SECTION 2.
Page 2 Senate Bill 353-Second Edition
Page 2 Senate Bill 353-First Edition
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Action History

  1. Signed by Gov. 9/4/2019

  2. Ch. SL 2019-215

  3. Pres. To Gov. 8/28/2019

  4. Ratified

  5. Concurred On 3rd Reading

  6. Ordered Enrolled

  7. Concurred On 2nd Reading

  8. Special Message Sent To Senate

  9. Special Message Received For Concurrence in H Com Sub

  10. Passed 3rd Reading

  11. Ordered Engrossed

  12. Amend Adopted A2

  13. Passed 2nd Reading

  14. Passed 2nd Reading

  15. Passed 3rd Reading

  16. Reconsidered 3rd Reading

  17. Amend Adopted A1

  18. Passed 3rd Reading

  19. Ordered Engrossed

  20. Reconsidered 3rd Reading

  21. A1 Ruled Material

  22. Placed On Cal For 08/09/2019

  23. Withdrawn From Cal

  24. Placed On Cal For 08/12/2019

  25. Reptd Fav Com Substitute

  26. Cal Pursuant Rule 36(b)

  27. Placed On Cal For 08/08/2019

  28. Reptd Fav

  29. Re-ref Com On Rules, Calendar, and Operations of the House

  30. Withdrawn From Com

  31. Re-ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

  32. Passed 1st Reading

  33. Ref To Com On Rules, Calendar, and Operations of the House

  34. Regular Message Sent To House

  35. Regular Message Received From Senate

  36. Passed 2nd Reading

  37. Passed 3rd Reading

  38. Reptd Fav

  39. Placed On Cal For 04/29/2019

  40. Reptd Fav Com Substitute

  41. Com Substitute Adopted

  42. Re-ref Com On Rules and Operations of the Senate

  43. Reptd Fav

  44. Re-ref Com On Judiciary

  45. Withdrawn From Com

  46. Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  47. Passed 1st Reading

  48. Ref To Com On Rules and Operations of the Senate

  49. Filed

Sponsors

  • Tom McInnis · Primary
  • Gunn · Primary
  • Wells · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • Wells

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading For Concurrence

Passed 43 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 25004
Republican 10003
Total 43007
% of votes cast 86%0%0%14%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Wells — Yea
Bishop — Not Voting
J. Davis — Not Voting
Edwards — Not Voting
Tillman — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Not Voting
Ralph Hise Republican Yea
Tom McInnis Republican Not Voting
Vickie Sawyer Republican Not Voting
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Second Reading For Concurrence

Passed 34 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Democratic 5003
Unaffiliated 21008
Republican 8005
Total 340016
% of votes cast 68%0%0%32%
How each member voted (50)
Member Party Vote
deViere — Yea
Foushee — Yea
McKissick — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Fitch — Not Voting
Marcus — Not Voting
Nickel — Not Voting
Peterson — Not Voting
Searcy — Not Voting
Bishop — Not Voting
Gunn — Not Voting
Wells — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Not Voting
Mujtaba A. Mohammed Democratic Not Voting
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Not Voting
Bill Rabon Republican Not Voting
Brent Jackson Republican Not Voting
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Not Voting
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Not Voting
Warren Daniel Republican Yea

Official roll call →

Subjects

housing environment transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 353?
SB 353 is sponsored by Tom McInnis (Republican), Gunn, and Wells.
What is the current status of SB 353?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track SB 353?
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