VA SB621 | 2016 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Passed on March 7 2016 - 100% progression
Action: 2016-03-07 - Governor: Acts of Assembly Chapter text (CHAP0273)
Text: Latest bill text (Chaptered) [HTML]

Summary

Structured settlements. Amends the Structured Settlement Protection Act (the Act) to provide that the structured settlement obligor and the annuity issuer may rely on a court order approving a transfer of structured settlement payment rights in redirecting periodic payments to an assignee or transferee in accordance with the order. The measure provides that upon entry of such an order the structured settlement obligor and the annuity issuer shall be discharged and released from any and all liability for the transferred redirected payments as to all parties except the transferee or an assignee designated by the transferee. The discharge and release of the structured settlement obligor and the annuity issuer shall not be affected by the failure of any party to the transfer to comply with the Act or with the court order approving the transfer. The measure also provides that an application for approval of a structured settlement transfer shall be brought in the circuit court of the county in which the payee is domiciled at the time the transfer agreement was signed or, if the payee is not domiciled in Virginia, then the application may be brought in the court in Virginia that approved the structured settlement agreement. The payee is required to appear in person at the hearing unless the court finds that good cause exists to excuse such an appearance. The measure also provides that a court may hear an application for transfer of payment rights under a structured settlement despite the existence of terms in the underlying structured settlement agreement that purports to restrict or preclude the payee's right or power to sell, assign, or encumber structured settlement payment rights. An application for approval of a transfer is required to include a summary of information regarding prior transfers and notice of the hearing. The period in which responses to the application must be filed with the court is changed from not less than 15 days after service of the notice to five days prior to the hearing. Existing provisions that provide for approval of a transfer of structured settlement payment rights by a responsible administrative authority are deleted from the Act.

Tracking Information

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Title

Structured Settlement Protection Act; amends Act so obligor and issuer may rely on court order.

Sponsors


Roll Calls

2016-02-24 - Senate - Senate: House amendments agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-22 - House - House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (Y: 103 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-18 - House - House: Reported from Commerce and Labor with amendments (21-Y 0-N) (Y: 22 N: 0 NV: 1 Abs: 0) [PASS]
2016-02-03 - Senate - Senate: Read third time and passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-01-27 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-01-25 - Senate - Senate: Reported from Commerce and Labor with substitute (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2016-03-07 Governor: Acts of Assembly Chapter text (CHAP0273)
2016-03-07 Governor: Approved by Governor-Chapter 273 (effective 7/1/16)
2016-03-01 Governor: Governor's Action Deadline Midnight, March 8, 2016
2016-03-01SenateEnrolled Bill Communicated to Governor on 3/1/16
2016-02-29SenateSigned by President
2016-02-26HouseSigned by Speaker
2016-02-26SenateBill text as passed Senate and House reprinted (SB621ER)
2016-02-25SenateBill text as passed Senate and House (SB621ER)
2016-02-25SenateEnrolled
2016-02-24SenateHouse amendments agreed to by Senate (40-Y 0-N)
2016-02-22HouseVOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
2016-02-22HousePassed House with amendments BLOCK VOTE (100-Y 0-N)
2016-02-22HouseEngrossed by House as amended
2016-02-22HouseCommittee amendments agreed to
2016-02-22HouseRead third time
2016-02-19HouseRead second time
2016-02-18HouseReported from Commerce and Labor with amendments (21-Y 0-N)
2016-02-05HouseReferred to Committee on Commerce and Labor
2016-02-05HouseRead first time
2016-02-05HousePlaced on Calendar
2016-02-03SenateRead third time and passed Senate (40-Y 0-N)
2016-02-02SenateEngrossed by Senate - committee substitute SB621S1
2016-02-02SenateRead second time
2016-02-01SenatePassed by for the day
2016-01-29SenatePassed by for the day
2016-01-28SenatePassed by for the day
2016-01-28SenateCommittee substitute agreed to 16104682D-S1
2016-01-28SenateReading of substitute waived
2016-01-28SenateRead second time
2016-01-27SenateConstitutional reading dispensed (40-Y 0-N)
2016-01-25SenateIncorporates SB638
2016-01-25SenateIncorporates SB633
2016-01-25SenateCommittee substitute printed 16104682D-S1
2016-01-25SenateReported from Commerce and Labor with substitute (13-Y 0-N)
2016-01-15SenateReferred to Committee on Commerce and Labor
2016-01-15SenatePresented and ordered printed 16103484D

Same As/Similar To

SB633 (Similar To) 2016-01-25 - Incorporated by Commerce and Labor
SB638 (Similar To) 2016-01-25 - Incorporated by Commerce and Labor

Code Citations

ChapterArticleSectionCitation TypeStatute Text
591475(n/a)See Bill Text
591477.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+SB621
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB621+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB621S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB621ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0273+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+S02V0017+SB0621
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+SV0105SB0621+SB0621
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+SV0178SB0621+SB0621
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+H14V0137+SB0621
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+HV0766+SB0621
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?161+vot+SV0581SB0621+SB0621

Bill Comments

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