HB 627 — On-Site Wastewater Rules Implementation.
Last action — Signed by Gov. 7/7/2023
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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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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 17, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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7 sponsors
3 primary, 4 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
453 added · 483 removedPlain-language change summary
The bill HB 627 has undergone a few key changes. Notably, it removes a specific compliance rule regarding wastewater systems and clarifies the definitions associated with accessory dwelling units, particularly concerning their design flow and septic tank sizing. These adjustments are important as they simplify regulations for homeowners looking to add secondary living spaces, making the process more straightforward and accessible while ensuring proper oversight of environmental safety standards.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 21 HOUSE BILL 627 Committee Substitute Favorable 4/27/23 Short Title:
Representatives Brody, Dahle, N.
Jackson, and Cairns (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House April 18, 2023 A BILL TO BE ENTITLED AN ACT TO DIRECT THE COMMISSION FOR PUBLIC HEALTH TO IMPLEMENT ITS ON-SITE WASTEWATER RULES DIFFERENTLY AND READOPT ITS RULES CONSISTENT WITH THAT IMPLEMENTATION.
All wastewater systems shall comply with Rule .1300.1303(a)(1) of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code.
Rules adopted pursuant to this section shall become effective as provided in *H627-v-1* General Assembly Of North Carolina Session 2023 G.S.
*H627-v-2* General Assembly Of North Carolina Session 2023 SECTION 1.(e) Sunset.
The accessory dwelling unit shall not be considered a separate dwelling unit when sizing a septic tank for a primary and accessory dwelling unit.
When in common ownership as theprimarydwellingunit,theadditionofanaccessorydwellingunitshallnotrequireamultiparty agreement.
Rules adopted pursuant to this section shall become effective as provided in Page 2 House Bill 627-Second627-First Edition General Assembly Of North Carolina Session 2023 G.S.
SECTION4.(c) Implementation.–Whenanauthorizedagentissuesanimprovement permit for a site, the permit information shall include the usable depth to a limiting condition for a long-term acceptance rate for initial and repair systems and maximum trench depth that considers percent slope.
The ownerapplicant is responsible for providing the location of the property lines and House Bill 627-Second Edition Page 3 General Assembly Of North Carolina Session 2023 site modifications.
When the existing wastewater system cannot be located, the ownerapplicant is House Bill 627-First Edition Page 3 General Assembly Of North Carolina Session 2023 responsible for locating the existing wastewater system and providing that information to the local health department, Authorized On-Site Wastewater Evaluator, or certified inspector.
The ownerapplicant is responsible for the accuracy of the information providedthey onprovide the application and the owner is responsible for ensuring that all setback requirements in Rule .0600 of Subchapter E of Chapter 18 of Title 15A of the North Carolina AdministrativeAdministrativeCode Code are met for the propertypropertyaddition. addition.
– An ownerapplicant may choose to use a professional engineer in accordance with G.S.
For systems issued as an Engineer Option Permit, the engineer may use pretreatment technologies not approved in this State provided the engineering report attached to the Authorization to Operate includes the specification of the technologyand the manufacturer's approval for the conditions of the site.
The ownerapplicant shall be responsible for preventing modifications or alterations of the site, including the designated initial and repair dispersal areas, shall obtain written approval by the professional engineer or Authorized On-Site Wastewater Evaluator prior to changes to design daily flow, wastewaterstrength,orlandscapepositioningofthefacility, andshallidentifyanydrinkingwater well,publicwatersupply,orwastewatersystemonthepropertyandadjoiningpropertiesifwithin the setback requirements in Rule .0600 of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code.
The ownerapplicant for a repair of a wastewater system may obtain an Improvement Permit or a Construction Authorization from the local health department or a Notice of Intent to Construct from an engineer or Authorized On-Site Wastewater Evaluator, as applicable.
In the casecaseof ofarepaired awastewatersystem, repairedasiteis wastewater system, a site is not required to have an additional repair area.
Rules adopted pursuant to this section shall Page 4 House Bill 627-Second627-First Edition General Assembly Of North Carolina Session 2023 become effective as provided in G.S.
– The entire initial wastewater system and repair area shall not be required to be on propertypropertyowned or controlled bybythe the wastewater system owner.
Property is considered controlled by the wastewater system owner when the owner has an easement or encroachment agreement for the property where the wastewater system or repair area is located.
Wastewater systems with adjusted design dailyflowin accordancewith Rule.0403shallbedesignedbyaprofessional engineer if used in combination with another condition listed in this rule.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection House Bill 627-Second Edition Page 5 General Assembly Of North Carolina Session 2023 (d) of this section, the Commission shall implement the Design Daily Flow Rule as provided in subsection (c) of this section.
House Bill 627-First Edition Page 5 General Assembly Of North Carolina Session 2023 SECTION 9.(d) Additional Rulemaking Authority.
Page 6 House Bill 627-Second Edition General Assembly Of North Carolina Session 2023 SECTION 11.(e) Sunset.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this Page 6 House Bill 627-First Edition General Assembly Of North Carolina Session 2023 section, the Commission shall implement the Saprolite Rule as provided in subsection (c) of this section.
– A wastewater system certified in accordance with NSF International Standard 350 or that has data from a two-year field demonstration documenting that the wastewater system meets NSF International Standard 350 or better may eliminate the requirement for repair area when installed in Group I soilssoils. and that include classification as a Type VI(b) pursuant to 15A NCAC 18E .1301.
The wastewater system shall onlyonlybe be used to treat domestic strength effluent and shall also meet a Total Nitrogen effluent standard of 20 mg/L.
– For purposes of this section and its implementation, "Septic"Tank TankLeak CapacityRequirementsTesting and Installation Requirements Rule" means 15A NCAC 18E .0801.0805 (Septic(Tank TankLeak CapacityTesting and Installation Requirements).
SECTION 14.(b) Septic Tank CapacityLeak Testing and Installation Requirements Rule.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt House Bill 627-Second Edition Page 7 General Assembly Of North Carolina Session 2023 pursuant to subsection (d) of this section, the Commission shall implement the Septic Tank CapacityLeak Testing and Installation Requirements Rule as provided in subsection (c) of this section.
– SepticFor tanksa forhydrostatic multipletest, dwellingthe unitstank shall not be requiredfilled with water to bethe sizedunderside inof accordancethe withtop Tableof XVthe tank or, for corrugated tanks, to the bottom of Rulethe .0801.uppermost corrugation.
TheFor minimumvacuum septictests, a tank capacitymanufacturer servingmay twochoose orto moretest dwellingthe unitstanks shallusing bea basednegative onpressure theof totalfive designinches dailyof flowmercury for two minutes with a loss of 120vacuum gallonsless perthan dayor perequal bedroomto two-fifths of one inch or 60a gallonsnegative perpressure dayof pertwo occupantand one half inches of mercury for allfive dwellingminutes units.with a loss of vacuum less than or equal to one-fifth of one inch.
House Bill 627-First Edition Page 7 General Assembly Of North Carolina Session 2023 SECTION 14.(d) Additional Rulemaking Authority.
– The Commission shall adopt a rule to amend the Septic Tank CapacityLeak Testing and Installation Requirements Rule consistent with subsection (c) of this section.
– For purposes of this section and its implementation, "Tank"Bed LeakSystems Testing and Installation Requirements Rule" means 15A NCAC 18E .0805.0903 (Tank(Bed LeakSystems). Testing and Installation Requirements).
SECTION 15.(b) TankBed LeakSystems Testing and Installation Requirements Rule.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the TankBed LeakSystems Testing and Installation Requirements Rule as provided in subsection (c) of this section.
Show all 80 changed lines (40 more)
– ForSites afor hydrostaticbed test,systems themust tankhave shalla besoil filledtexture withof waterGroup I, II, or III to thea undersidedepth of the48 topinches ofbelow the tanknaturally or,occurring forsoil corrugatedsurface tanks,or to thea bottomdepth of the12 uppermostinches corrugationbelow that forms the topinfiltrative ofsurface, thewhichever tank.is deeper.
For vacuum tests, a tank manufacturer may choose to test the tanks using a negative pressure of five inches of mercury for two minutes with a loss of vacuum less than or equal to two-fifths of one inch or a negative pressure of two and one-half inches of mercury for five minutes with a loss of vacuum less than or equal to one-fifth of one inch.
– The Commission shall adopt a rule to amend the TankBed LeakSystems Testing and Installation Requirements Rule consistent with subsection (c) of this section.
– For purposes of this section and its implementation, "Bed"Prefabricated Permeable Block Panel Systems Rule" means 15A NCAC 18E .0903.0905 (Bed(Prefabricated Permeable Block Panel Systems).
SECTION 16.(b) BedPrefabricated Permeable Block Panel Systems Rule.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the BedPrefabricated Permeable Block Panel Systems Rule as provided in subsection (c) of this section.
– SitesPrefabricated forpermeable bedblock systemspanel mustsystem havetrenches ashall soilbe texturelocated of Group I, II, or III to a depthminimum of 48three inchestimes below the naturallytrench occurringwidth soil surface or to8 afeet depthon ofcenter. 12 inches below the infiltrative surface, whichever is deeper.
When used in sand lined trench systems, bed, or fill systems prefabricated permeable block panel systems shall use the equivalent trench width of 6 feet to calculate the minimum trench length.
– The Commission shall adopt a rule to amend the BedPrefabricated Permeable Block Panel Systems Rule consistent with subsection (c) of this section.
Page 8 House Bill 627-Second Edition General Assembly Of North Carolina Session 2023 Notwithstanding G.S.
Page 8 House Bill 627-First Edition General Assembly Of North Carolina Session 2023 SECTION 17.(a) Definitions.
– Dosing system tests may be conducted by the installer of the on-site wastewater system.system and shall not be required to be witnessed by the local health department.
The installer of the system shall give the local health department, licensed soil scientist, authorized designer, Authorized On-Site Wastewater Evaluator, or professional engineer, as applicable, the option to witness the test.
ProfessionalThe engineerslocal andhealth Authorizeddepartment On-Sitemust Wastewater Evaluators shall be authorized to witness thetests dosingtestsfor forsystemstheyhavedesignedandforlocalhealthdepartmentdosing permitsuponasignedsystems acceptancepermitted ofby responsibility for the verificationlocal ofhealth thedepartment. dosing system.
DocumentationProfessional ofengineers theand testAuthorized On-Site Wastewater Evaluators shall be submittedauthorized to witness the localdosing healthtests department,for professionalsystems engineer,they orhave Authorizeddesigned On-Siteand WastewaterEvaluator for attachmentlocal tothepermithealth orNoticedepartment permits upon a signed acceptance of Intentresponsibility tofor Construct,the asverification applicable.of the dosing system.
Documentation of the test shall be submitted to the local health department, professional engineer, or Authorized On-Site Wastewater Evaluator for attachment to the permit or Notice of Intent to Construct, as applicable.
150B-19(4), the rule adopted by the Commission pursuant to House Bill 627-Second Edition Page 9 General Assembly Of North Carolina Session 2023 this section shall be substantively identical to the provisions of subsection (c) of this section.
House Bill 627-First Edition Page 9 General Assembly Of North Carolina Session 2023 SECTION 18.(e) Sunset.
– WastewaterWhen systemsit shallis benot repairedpossible to eliminaterepair publica wastewater system into compliance with the Rules of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code, the owner of the system may request, on a form provided by the Department, that the local health hazards.department, professional engineer, or Authorized On-Site Wastewater Evaluator use their best professional judgment to develop a repair that should enable the wastewater system to comply with Rule .1303(a)(1) of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code.
The owner of the system mayrequest, on a form provided bythe Department, that the local health department, professional engineer, or Authorized On-Site Wastewater Evaluator useshall theirdocument, beston professional judgment to develop a repair that should enable the wastewaterDepartment-provided systemform, totheaspects comply with Rule .1303(a)(1) of Subchapter E of Chapter 18 of Title 15A of the Northrules Carolinabeingaltered Administrativeto Code.achieve therepair.
The local health department, professional engineer, or Authorized On-Site Wastewater Evaluator shall document, on the Department-provided form, theaspects of the rules being altered to achieve therepair.
Best professional judgment shall not be used when (i) the Improvement Permit, Construction Authorization, Notice of Intent to Construct, or Authorization to Operate indicates the repair area and system type, however, this does not Page 10 House Bill 627-Second Edition General Assembly Of North Carolina Session 2023 preclude the owner from applying for a different wastewater system than the one specified on the permit as a repair, (ii) there are reductions in setback to drinking water wells less than what is required in Rule .0601 of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code, (iii) there are reductions in setbacks to surface water bodies greater than Page 10 House Bill 627-First Edition General Assembly Of North Carolina Session 2023 fifty percent (50%) of the allowed setback as indicated in Rule .0601 of Subchapter E of Chapter 18 of Title 15A of the North Carolina Administrative Code, and (iv) there is no reasonable expectation that the repaired wastewater system will function to eliminate public health hazards.
SECTION 21.(a)21. Definitions.
– For purposes of this section and its implementation, "Local Health Department Responsibilities Rule" means 15A NCAC 18E .1713 (Local Health Department Responsibilities).
SECTION 21.(b) Local Health Department Responsibilities Rule.
– Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Local Health Department Responsibilities Rule as provided in subsection (c) of this section.
SECTION 21.(c) Implementation.
– The local health department shall permit systems designated as Accepted in an equivalent manner to a conventional system without the owner having to request the equivalent treatment from the local health department.
SECTION 21.(d) Additional Rulemaking Authority.
– The Commission shall adopt a rule to amend the Local Health Department Responsibilities Rule consistent with subsection (c) of this section.
Notwithstanding G.S.
150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section.
Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes.
Rules adopted pursuant to this section shall become effective as provided in G.S.
150B-21.3(b1), as though 10 or more written objections had been received as provided in G.S.
150B-21.3(b2).
SECTION 21.(e) Sunset.
– This section expires when permanent rules adopted as required by subsection (d) of this section become effective.
SECTION 22.
House Bill 627-Second627-First Edition Page 11
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Action History
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Signed by Gov. 7/7/2023
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Ch. SL 2023-77
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Ratified
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Pres. To Gov. 6/28/2023
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Concurred In S Amend SA1
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Ordered Enrolled
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Cal Pursuant 36(b)
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Placed On Cal For 06/28/2023
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Withdrawn From Cal
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Placed On Cal For 06/27/2023
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Regular Message Sent To House
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Regular Message Received For Concurrence in S Amend
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Amend Adopted A1
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Passed 2nd Reading
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Passed 3rd Reading
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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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Withdrawn From Com
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Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Added to Calendar
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Passed 2nd Reading
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Passed 3rd Reading
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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 Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Mark Brody · Primary
- Allison A. Dahle · Primary
- Neal Jackson · Primary
- Celeste C. Cairns · Cosponsor
- Jeffrey C. McNeely · Cosponsor
- Bill Ward · Cosponsor
- Wray · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 4 co-sponsors · 172 not signed on · 8 voted No
Sponsors (3)
- Mark Brody Republican
- Allison A. Dahle Democratic
- Neal Jackson Republican
Co-sponsors (4)
- Celeste C. Cairns Republican
- Jeffrey C. McNeely Republican
- Bill Ward Republican
- Wray
Not signed on (172)
172 members have not signed on to this bill.
Show all 172 →"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 | 26 | 8 | 0 | 0 |
| Unaffiliated | 25 | 2 | 0 | 0 |
| U | 2 | 0 | 0 | 0 |
| Republican | 56 | 0 | 0 | 1 |
| Total | 109 | 10 | 0 | 1 |
| % of votes cast | 91% | 8% | 0% | 1% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Clemmons | — | Yea |
| Gill | — | Yea |
| Harris | — | Yea |
| Lucas | — | Yea |
| Rudow | — | Yea |
| CharlesSmith | — | Yea |
| Staton-Williams | — | Yea |
| Wray | — | Yea |
| Bradford | — | Yea |
| Cleveland | — | Yea |
| Crutchfield | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fontenot | — | Yea |
| Hardister | — | Yea |
| Lowery | — | Yea |
| Mills | — | Yea |
| Moore | — | Yea |
| Reeder | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| CarsonSmith | — | Yea |
| Sossamon | — | Yea |
| Autry | — | Nay |
| vonHaefen | — | Nay |
| F. Jackson | — | Yea |
| K. Baker | — | Yea |
| Abe Jones | Democratic | Yea |
| Allen Buansi | Democratic | Nay |
| Allison A. Dahle | Democratic | Yea |
| Amber M. Baker | Democratic | Yea |
| Amos L. Quick, III | Democratic | Nay |
| B. Ray Jeffers | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Carolyn G. Logan | Democratic | Yea |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Deb Butler | Democratic | Nay |
| Eric Ager | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Gloristine Brown | Democratic | Yea |
| James Roberson | Democratic | Yea |
| Joe John | Democratic | Yea |
| Kanika Brown | Democratic | Yea |
| Laura Budd | Democratic | Yea |
| Lindsey Prather | Democratic | Yea |
| Marcia Morey | Democratic | Nay |
| Maria Cervania | Democratic | Yea |
| Mary Belk | Democratic | Nay |
| Pricey Harrison | Democratic | Nay |
| Renée A. Price | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Sarah Crawford | Democratic | Nay |
| Shelly Willingham | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Terry M. Brown Jr. | Democratic | Yea |
| Tim Longest | Democratic | Nay |
| Vernetta Alston | Democratic | Yea |
| Ya Liu | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| A. Reece Pyrtle, Jr. | Republican | Yea |
| Allen Chesser | Republican | Yea |
| Ben T. Moss, Jr. | Republican | Yea |
| Bill Ward | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Brian Biggs | Republican | Yea |
| Celeste C. Cairns | Republican | Yea |
| Charles W. Miller | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| David Willis | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Diane Wheatley | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donnie Loftis | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Dudley Greene | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Erin Paré | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Howard Penny, Jr. | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeff Zenger | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jennifer Balkcom | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Joseph Pike | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Karl E. Gillespie | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mark Pless | Republican | Yea |
| Matthew Winslow | Republican | Yea |
| Mike Clampitt | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Neal Jackson | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Ray Pickett | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Tyson | Republican | Yea |
| Ted Davis, Jr. | Republican | Yea |
| Tricia Ann Cotham | Republican | Yea |
| W. Ted Alexander | Republican | Not Voting |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Nasif Majeed | U | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 627?
- HB 627 is sponsored by Mark Brody (Republican), Allison A. Dahle (Democratic), Neal Jackson (Republican), Celeste C. Cairns (Republican), Jeffrey C. McNeely (Republican), Bill Ward (Republican), and Wray.
- What is the current status of HB 627?
- This bill has been enacted into law. Introduced April 17, 2023. Enacted.
- Where can I track HB 627?
- Track HB 627 free on One Click Politics — get push/email alerts when it moves.
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