Fiduciaries; good faith reliance on certificate of qualification of a personal representative. (HB1411)
Introduced By
Del. Jay Leftwich (R-Chesapeake) with support from co-patron Del. Paul Krizek (D-Alexandria)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Fiduciaries; good faith reliance on certificate of qualification. Provides that any individual or entity conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume that the personal representative is properly authorized to act as to any matter or transaction. The bill further provides that if such individual or entity refuses to accept a certificate of qualification for a personal representative or a guardian or conservator who has been appointed for an incapacitated person, such individual or entity is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification. The bill further provides that any individual or entity shall either accept or reject a certificate of qualification of such personal representative or such guardian or conservator no later than seven business days after presentation of such certificate. The bill specifies certain circumstances under which an individual or entity is not required to accept such a certificate for a transaction. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2020 | Committee |
01/08/2020 | Prefiled and ordered printed; offered 01/08/20 20102474D |
01/08/2020 | Referred to Committee for Courts of Justice |
01/29/2020 | House committee, floor amendments and substitutes offered |
01/29/2020 | Subcommittee recommends reporting with substitute (8-Y 0-N) |
01/31/2020 | Committee substitute printed 20105977D-H1 |
01/31/2020 | Reported from Courts of Justice with substitute (19-Y 0-N) (see vote tally) |
02/04/2020 | Read first time |
02/05/2020 | Read second time |
02/05/2020 | Committee substitute agreed to 20105977D-H1 |
02/05/2020 | Engrossed by House - committee substitute HB1411H1 |
02/06/2020 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
02/06/2020 | VOTE: Block Vote Passage (99-Y 0-N) (see vote tally) |
02/07/2020 | Constitutional reading dispensed |
02/07/2020 | Referred to Committee on the Judiciary |
02/24/2020 | Reported from Judiciary (14-Y 0-N 1-A) (see vote tally) |
02/25/2020 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/26/2020 | Read third time |
02/26/2020 | Reading of amendments waived |
02/26/2020 | Amendments by Senator Obenshain agreed to |
02/26/2020 | Engrossed by Senate as amended |
02/26/2020 | Passed Senate with amendments (40-Y 0-N) (see vote tally) |
02/28/2020 | Placed on Calendar |
02/28/2020 | Senate amendments agreed to by House (97-Y 0-N) |
02/28/2020 | VOTE: Adoption (97-Y 0-N) (see vote tally) |
03/05/2020 | Enrolled |
03/05/2020 | Bill text as passed House and Senate (HB1411ER) |
03/06/2020 | Signed by Speaker |
03/06/2020 | Signed by President |
03/12/2020 | Enrolled Bill communicated to Governor on March 12, 2020 |
03/12/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
04/06/2020 | G Approved by Governor-Chapter 702 (effective 7/1/20) |
04/06/2020 | G Acts of Assembly Chapter text (CHAP0702) |