Revisions to Outdoor Advertising Laws.
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HB 645 — Revisions to Outdoor Advertising Laws.
Last action — Vetoed 08/22/2019
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
417 added · 414 removedPlain-language change summary
In the updated version of Bill HB 645, the language clarifying the definition of "erect" has been made more precise, stating it encompasses a variety of actions related to constructing or placing signs. Additionally, the bill emphasizes compliance with outdoor advertising standards specifically in commercial or industrial areas, ensuring that they adhere to guidelines from an existing federal agreement. These changes are important because they help to establish clearer regulations for outdoor advertising, which can reduce confusion and ensure that sign placements do not distract drivers or create visual clutter.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 645* Committee Substitute Favorable 4/30/19 Short Title:
Representatives Saine, Dixon, Jones, and Wray (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Transportation, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House April 10, 2019 A BILL TO BE ENTITLED AN ACT TO REVISE THE OUTDOOR ADVERTISING LAWS.
– An area which is zoned for business, industry, commerce, or trade pursuant to a State law or local zoning ordinance *H645-v-1* General Assembly Of North Carolina Session 2019 or regulation, regardless of how labeled, where uses associated with business, industry, commerce, or trade are permitted.
This term does not include *H645-v-2* General Assembly Of North Carolina Session 2019 "zoning designed primarily for the purpose of permitting outdoor advertising signs," as that term is defined in G.S.
(2a)(2b) "Nonconforming sign" shall mean aaNonconforming Nonconforming sign.
– A sign which was lawfully erected but which does not comply with the provisions of State lawlawcustomary customary use or State rules adopted and regulations passed by the Department of Transportation at a later date or which in accordance with this Article, or which, due to changed conditions, later fails to comply with State lawlawcustomary customary use or State rules adopted or regulations due to changed conditions.conditions.passed by the Department of Transportation in accordance with this Article.
passedIllegally byerected theor DepartmentmaintainedIllegal ofsigns Transportationare innot accordancenonconforming withsigns. this Article.
Illegally erected or maintained Illegal signs are not nonconforming signs.
An on-premise sign Page 2 House Bill 645*-First Edition General Assembly Of North Carolina Session 2019 must be located on property contiguous to the property on which the activity is located.
Page 2 House Bill 645*-Second Edition General Assembly Of North Carolina Session 2019 a.
House Bill 645*-First Edition Page 3 General Assembly Of North Carolina Session 2019 (3) The activity shall have all basic utilities, including electricity, telephone, water, and sewer or septic service.
House Bill 645*-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (4) The activity shall have direct or indirect vehicular access and be a generator of vehicular traffic.
Page 4 House Bill 645*-First Edition General Assembly Of North Carolina Session 2019 (6) Activities more than 660 feet from the nearest edge of the right-of-way.
Page 4 House Bill 645*-Second Edition General Assembly Of North Carolina Session 2019 (8) Railroad tracks and minor sidings.
136-129, 136-129.1 or 136-129.2, provided suchsuchto to outdoor advertising is in lawful existence on the effective date of this Article as determined by G.S.
(b) Inanyacquisition,purchaseorcondemnation,purchase,condemnation,ortaking,justIn anyacquisition, purchase or condemnation,purchase, condemnation, or taking, just compensationtotheowneroftheoutdooradvertising,wheretheowneroftheoutdooradvertising does not own the fee, shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.
(c) Inanyacquisition,purchaseorcondemnation,purchase,condemnation,ortaking,justIn anyacquisition, purchase or condemnation,purchase, condemnation, or taking, just compensation to the owner of the fee or other interest in the real propertyupon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
(d) Inanyacquisition,purchaseorcondemnation,purchase,condemnation,ortaking,justIn anyacquisition, purchase or condemnation,purchase, condemnation, or taking, just compensation to the owner of the fee in the real property upon which the outdoor advertising is located, where said owner also owns the outdoor advertising located thereon, shall be limited to the fair market value of the outdoor advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Transportation of the right to maintain such outdoor advertisingthereon and in arrivingat the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
(6) The ability or inability to relocate and reconstruct the outdoor advertising to a site reasonably comparable to or better than the condemned location within House Bill 645*-First Edition Page 5 General Assembly Of North Carolina Session 2019 the same zoning jurisdiction or, if unzoned, within the same city or county territorial jurisdiction, taking into account the similarity of advantages arising House Bill 645*-Second Edition Page 5 General Assembly Of North Carolina Session 2019 from lease terms, visibility, traffic flow, and other criteria that affect the value of outdoor advertising.
(8) AnyReasonable otherexpectations factorof thatlease mayrenewal affectfor thea valueperiod in excess of that stated in the propertylease rightsfor affectedoriginal byand therenewal condemnation.terms.
(9) Any other factor that may affect the value of the property rights affected by the condemnation.
136-131, removeorcausetoremove beremovedor anyoutdooradvertisingadjacentcause to ahighwaybe removed anyoutdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or a highway on the Federal aid Primary Highway System for which there is in effect a valid permit issued by the Department of Transportation pursuant to the provisions of Article 11 of Chapter 136 of the General Statutes and regulations promulgated pursuant thereto.to this Article." SECTION5.
– In order to minimize the amount of just compensation due whenever property on which an outdoor advertising sign is located, is acquired by State or local government agencies or others possessing eminent domain authority, any legally erected outdoor advertising that is caused to be moved isshall permitted to be relocated and reconstructed subject to all of the following requirements:requirements.
(1) The new site for relocation isshall permitted to be any area within 660 feet of the nearest edge of the right-of-way of a highway on the National System of Interstate and Defense Highways or the federal aid primary highway system withinthesamezoningjurisdictionorwithinthesamecityorcountyterritorialwithin limitsthe ifsamezoningjurisdiction theorwithinthesame initialcityor outdoorcountylimits iftheoutdoor advertising sign was located in an unzoned areaarea. prior to the relocation.
The new site for Page 6 House Bill 645*-First Edition General Assembly Of North Carolina Session 2019 relocation shall not be within an historic district lawfully established by a city or county pursuant to Part 3C of Article 19 of Chapter 160A of the General Page 6 House Bill 645*-Second Edition General Assembly Of North Carolina Session 2019 Statutes, unless consented to by a resolution adopted by the applicable local governing board.
– Any outdoor advertising sign that does not otherwise qualify for relocation as provided in subsection (a) of this section and for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article isshall permitted to be authorized to beberelocated relocated and reconstructedreconstructedsubject subject to all of the requirements listed in subdivisions (1)(1)through through (6) of subsection (a) of this section, except that the sign shall not be relocated a distance greater than 250 feet from the original lot boundaries on which the sign was previously erected.
– Any outdoor advertising sign that is legally existing but would not be conforming to customarycustomaryuse use if relocated on the same sign location or site ismaystill permitted to be relocated on the same sign location or site, subject to the following requirements:
(2) The size of the sign face or faces isare not increased.
A city or county shall not enforce any ordinance or House Bill 645*-First Edition Page 7 General Assembly Of North Carolina Session 2019 regulation in conflict with the rights set forth in this subsection or to otherwise cause the withholding of consent by the landowner."landowner. House Bill 645*-Second Edition Page 7 General Assembly Of North Carolina Session 2019 SECTION 6.
(e) Preemptive Effect.
– No municipality, county, local or regional zoning authority, or other political subdivision shall regulate or prohibit any relocation of outdoor advertising authorized by this section." SECTION 6.
Page 8 House Bill 645*-First Edition General Assembly Of North Carolina Session 2019 (b) Vegetation permitted to be cut, thinned, pruned, or removed shall be defined as any tree, shrub, or underbrush within the zone created by points A, B, D, and E.
pursuant to this section.
A selective vegetation removal permittee maymayrelocate relocate and replace, if necessary, anyanynative Page 8 House Bill 645*-Second Edition General Assembly Of North Carolina Session 2019 native dogwoods or native redbuds existing within the cut or removal zone established in subsection (a) of this section to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the pavement of the main-traveled way of the nearest controlled route.
136-133.1(g), permits to remove vegetation may be granted for outdoor advertising locations that have been permitted for at least two yearsyearsone one year prior to the date of application.
136-131.3,the136-131.2,the Department shall not issue permits for new outdoor advertising signs at a sign location where existing trees, if they were to reach the average mature size for that species, would make the proposed sign faces, when erected, not completely visible from the viewing zone.
Section 4 of this act applies to determinations of just compensationcompensationonorafter ontheeffective or after the effective date.
SectionSection5 5 of this act applies to outdoor advertising signs removed on or after January 1, 2014.
Show all 42 changed lines (2 more)
Section 8 of this act applies to outdoor advertising signs relocated on or after the effective date.
House Bill 645*-Second645*-First Edition Page 9
Show all 42 changed rows (2 more)
View plain text versions (14)
- Edition 1 View text pdf
- Edition 2 View text pdf
- Edition 3 View text pdf
- Edition 4 View text pdf
- Edition 5 View text pdf
- Edition 6 View text pdf
- Ratified View text pdf
- A1: ABA-37-V-14 View text pdf
- A6: AST-19-V-1 View text pdf
- A4: AST-18-V-2 View text pdf
- A3: AST-16-V-1 View text pdf
- A2: ABA-15-V-1 View text pdf
- A1: ABA-16-V-1 View text Current pdf
- Introduced Filed pdf
Action History
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Vetoed 08/22/2019
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Received from the Governor
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Re-ref Com On Rules, Calendar, and Operations of the House
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Pres. To Gov. 8/12/2019
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Ratified
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Concurred In S Com Sub
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Ordered Enrolled
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Withdrawn From Cal
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Placed On Cal For 08/07/2019
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Withdrawn From Cal
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Placed On Cal For 08/06/2019
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Placed On Cal For 07/30/2019
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Special Message Sent To House
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Special Message Received For Concurrence in S Com Sub
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Cal Pursuant 36(b)
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Amend Failed A2
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Amend Failed A3
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Passed 3rd Reading
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Engrossed
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Amend Adopted A1
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Passed 2nd Reading
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Withdrawn From Cal
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Placed On Cal For 07/22/2019
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Withdrawn From Cal
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Placed On Cal For 07/16/2019
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Withdrawn From Cal
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Placed On Cal For 07/15/2019
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Withdrawn From Cal
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Placed On Cal For 07/10/2019
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Withdrawn From Cal
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Placed On Cal For 07/09/2019
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Withdrawn From Cal
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Placed On Cal For 07/08/2019
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Withdrawn From Cal
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Placed On Cal For 07/02/2019
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Reptd Fav
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Reptd Fav
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Re-ref Com On Rules and Operations of the Senate
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Judiciary
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Withdrawn From Com
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Re-ref to Transportation. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
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Amend Adopted A1
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Amend Adopted A2
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Amend Adopted A3
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Amend Adopted A4
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Amendment Withdrawn A5
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Amend Adopted A6
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Passed 2nd Reading
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Passed 3rd Reading
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Ordered Engrossed
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Special Message Sent To Senate
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Special Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Reptd Fav Com Sub 2
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Cal Pursuant Rule 36(b)
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Placed On Cal For 05/07/2019
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Withdrawn From Com
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Re-ref Com On Rules, Calendar, and Operations of the House
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Reptd Fav Com Substitute
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Re-ref Com On State and Local Government
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Passed 1st Reading
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Ref to the Com on Transportation, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Saine · Primary
- Jimmy Dixon · Primary
- Wray · Cosponsor
- Barnes · Cosponsor
- Fraley · Cosponsor
- Graham · Cosponsor
- Grange · Cosponsor
- Hardister · Cosponsor
- Julia C. Howard · Cosponsor
- Hunter · Cosponsor
- Frank Iler · Cosponsor
- Jarvis · Cosponsor
- Donny Lambeth · Cosponsor
- McElraft · Cosponsor
- Garland E. Pierce · Cosponsor
- Sasser · Cosponsor
- Mitchell S. Setzer · Cosponsor
- Shelly Willingham · Cosponsor
- Yarborough · Cosponsor
- Zachary · Cosponsor
- Harry Warren · Cosponsor
- Chris Humphrey · Cosponsor
- Edward C. Goodwin · Cosponsor
- IV John R. Bell · Cosponsor
- Brenden H. Jones · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 22 co-sponsors · 154 not signed on · 34 voted No
Sponsors (3)
- Saine
- Jimmy Dixon Republican
- Brenden H. Jones Republican
Co-sponsors (22)
- Wray
- Barnes
- Fraley
- Graham
- Grange
- Hardister
- Julia C. Howard Republican
- Hunter
- Frank Iler Republican
- Jarvis
- Donny Lambeth Republican
- McElraft
- Garland E. Pierce Democratic Voted No
- Sasser
- Mitchell S. Setzer Republican
- Shelly Willingham Democratic
- Yarborough
- Zachary
- Harry Warren Republican
- Chris Humphrey Republican
- Edward C. Goodwin Republican
- John R. Bell, IV Republican
Not signed on (154)
154 members have not signed on to this bill.
Show all 154 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 20 | 0 | 1 |
| Unaffiliated | 28 | 28 | 0 | 3 |
| Republican | 29 | 4 | 0 | 2 |
| U | 0 | 2 | 0 | 0 |
| Total | 60 | 54 | 0 | 6 |
| % of votes cast | 50% | 45% | 0% | 5% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Wray | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Conrad | — | Yea |
| Davis | — | Yea |
| Dobson | — | Yea |
| Elmore | — | Yea |
| Fraley | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Horn | — | Yea |
| Hurley | — | Yea |
| L. Johnson | — | Yea |
| Lewis | — | Yea |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Moore | — | Yea |
| Murphy | — | Yea |
| Presnell | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Autry | — | Nay |
| Beasley | — | Nay |
| Black | — | Nay |
| Brewer | — | Nay |
| Clemmons | — | Nay |
| Farmer-Butterfield | — | Nay |
| Fisher | — | Nay |
| Floyd | — | Nay |
| Gailliard | — | Nay |
| Garrison | — | Nay |
| Gill | — | Nay |
| Harris | — | Nay |
| Holley | — | Nay |
| Hunt | — | Nay |
| Hunter | — | Nay |
| Insko | — | Nay |
| Jackson | — | Nay |
| Martin | — | Nay |
| Montgomery | — | Nay |
| Queen | — | Nay |
| Russell | — | Nay |
| Terry | — | Nay |
| vonHaefen | — | Nay |
| Boles | — | Nay |
| Faircloth | — | Nay |
| McGrady | — | Nay |
| Lucas | — | Not Voting |
| Graham | — | Not Voting |
| Richardson | — | Not Voting |
| C. Smith | — | Yea |
| K. Smith | — | Nay |
| R. Smith | — | Nay |
| Allison A. Dahle | Democratic | Nay |
| Amos L. Quick, III | Democratic | Nay |
| Becky Carney | Democratic | Nay |
| Brandon Lofton | Democratic | Nay |
| Brian Turner | Democratic | Nay |
| Carolyn G. Logan | Democratic | Nay |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Nay |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Nay |
| Eric Ager | Democratic | Nay |
| Gale Adcock | Democratic | Nay |
| Garland E. Pierce | Democratic | Nay |
| Graig Meyer | Democratic | Nay |
| Joe John | Democratic | Nay |
| Marcia Morey | Democratic | Nay |
| Mary Belk | Democratic | Nay |
| Pricey Harrison | Democratic | Nay |
| Robert T. Reives, II | Democratic | Nay |
| Shelly Willingham | Democratic | Yea |
| Sydney Batch | Democratic | Nay |
| Terence Everitt | Democratic | Nay |
| Tracy Clark | Democratic | Nay |
| Zack Hawkins | Democratic | Not Voting |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Donna McDowell White | Republican | Nay |
| Donny Lambeth | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Not Voting |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Nay |
| Jeffrey C. McNeely | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Not Voting |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Nay |
| Steve Jarvis | Republican | Yea |
| W. Ted Alexander | Republican | Nay |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Nay |
| Nasif Majeed | U | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 10 | 0 | 3 |
| Republican | 11 | 0 | 0 | 2 |
| Democratic | 0 | 7 | 0 | 1 |
| Total | 27 | 17 | 0 | 6 |
| % of votes cast | 54% | 34% | 0% | 12% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Nickel | — | Yea |
| Ballard | — | Yea |
| Brown | — | Yea |
| J. Davis | — | Yea |
| Edwards | — | Yea |
| Gallimore | — | Yea |
| Gunn | — | Yea |
| Horner | — | Yea |
| Johnson | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Perry | — | Yea |
| Steinburg | — | Yea |
| Tillman | — | Yea |
| Wells | — | Yea |
| deViere | — | Nay |
| Fitch | — | Nay |
| Foushee | — | Nay |
| Marcus | — | Nay |
| Peterson | — | Nay |
| Searcy | — | Nay |
| Smith | — | Nay |
| VanDuyn | — | Nay |
| Woodard | — | Nay |
| McKissick | — | Not Voting |
| Bishop | — | Not Voting |
| Harrington | — | Not Voting |
| D. Davis | — | Yea |
| J. Jackson | — | Nay |
| Dan Blue | Democratic | Nay |
| Gladys A. Robinson | Democratic | Nay |
| Jay J. Chaudhuri | Democratic | Nay |
| Joyce Waddell | Democratic | Nay |
| Michael Garrett | Democratic | Nay |
| Mujtaba A. Mohammed | Democratic | Nay |
| Paul A. Lowe, Jr. | Democratic | Not Voting |
| Tracy Clark | Democratic | Nay |
| Bill Rabon | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Not Voting |
| Jim Burgin | Republican | Not Voting |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 645?
- HB 645 is sponsored by Saine, Jimmy Dixon (Republican), Wray, Barnes, Fraley, Graham, Grange, Hardister, Julia C. Howard (Republican), Hunter, Frank Iler (Republican), Jarvis, Donny Lambeth (Republican), McElraft, Garland E. Pierce (Democratic), Sasser, Mitchell S. Setzer (Republican), Shelly Willingham (Democratic), Yarborough, Zachary, Harry Warren (Republican), Chris Humphrey (Republican), Edward C. Goodwin (Republican), John R. Bell, IV (Republican), and Brenden H. Jones (Republican).
- What is the current status of HB 645?
- This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 645?
- Track HB 645 free on One Click Politics — get push/email alerts when it moves.
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