VA HB409 | 2022 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0477)
Text: Latest bill text (Chaptered) [HTML]

Summary

Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. The bill provides that its provisions apply only to written promises not to plead the statute of limitations made on or after July 1, 2022. The bill as introduced was a recommendation of the Boyd-Graves Conference. Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. The bill provides that its provisions apply only to written promises not to plead the statute of limitations made on or after July 1, 2022. The bill as introduced was a recommendation of the Boyd-Graves Conference.

Tracking Information

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Title

Statute of limitations; promises not to plead.

Sponsors


Roll Calls

2022-02-23 - House - House: VOTE: Adoption (100-Y 0-N) (Y: 100 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-21 - Senate - Senate: Passed Senate with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-18 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2022-02-16 - Senate - Senate: Reported from Judiciary with amendment (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-03 - House - House: VOTE: Passage (94-Y 6-N) (Y: 94 N: 6 NV: 0 Abs: 0) [PASS]
2022-01-28 - House - House: Reported from Courts of Justice (15-Y 3-N) (Y: 15 N: 3 NV: 0 Abs: 2) [PASS]
2022-01-24 - House - House: Subcommittee recommends reporting (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2022-04-11 Governor: Acts of Assembly Chapter text (CHAP0477)
2022-04-11 Governor: Approved by Governor-Chapter 477 (effective 7/1/22)
2022-03-11 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
2022-03-11HouseEnrolled Bill communicated to Governor on March 11, 2022
2022-02-25SenateSigned by President
2022-02-25HouseSigned by Speaker
2022-02-25HouseBill text as passed House and Senate (HB409ER)
2022-02-25HouseEnrolled
2022-02-23HouseVOTE: Adoption (100-Y 0-N)
2022-02-23HouseSenate amendment agreed to by House (100-Y 0-N)
2022-02-21SenatePassed Senate with amendment (40-Y 0-N)
2022-02-21SenateEngrossed by Senate as amended
2022-02-21SenateCommittee amendment agreed to
2022-02-21SenateReading of amendment waived
2022-02-21SenateRead third time
2022-02-18SenateConstitutional reading dispensed (38-Y 0-N)
2022-02-16SenateReported from Judiciary with amendment (14-Y 0-N)
2022-02-04SenateReferred to Committee on the Judiciary
2022-02-04SenateConstitutional reading dispensed
2022-02-03HouseVOTE: Passage (94-Y 6-N)
2022-02-03HouseRead third time and passed House (94-Y 6-N)
2022-02-02HouseRead second time and engrossed
2022-02-01HouseRead first time
2022-01-28HouseReported from Courts of Justice (15-Y 3-N)
2022-01-24HouseSubcommittee recommends reporting (7-Y 1-N)
2022-01-21HouseAssigned Courts sub: Subcommittee #2
2022-01-11HouseReferred to Committee for Courts of Justice
2022-01-11HousePrefiled and ordered printed; offered 01/12/22 22101575D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
801232(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB409
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB409+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB409ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0477+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+amd+HB409AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+amd+HB409ASE
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H0802V0001+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H08V0020+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV0416+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+S03V0191+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0523HB0409+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0526HB0409+HB0409
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV1054+HB0409

Bill Comments

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