Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery.
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SB 183 — Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery.
Last action — Approved by Governor-Chapter 161 (effective 7/1/22)
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 Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 07, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery in Virginia. Requires the Cemetery Board to petition a court of record having equity jurisdiction over the licensee or any of the funds held by him if the Board has reason to believe that (i) the licensee is not able to adequately protect the interest of the person involved; (ii) the licensee has had his license suspended, revoked, or surrendered; and (iii) the conduct of the licensee or the operation of the cemetery threatens the interests of the public. Current law allows, but does not require, the Board to file such petition upon a showing of at least one of the three requirements. If a receiver is appointed, the bill provides that the expenses of such receivership and a reasonable fee, as determined by the court, shall be paid from the assets of the cemetery company.
Bill Text
What changed in the latest version
22 added · 23 removedPlain-language change summary
The amendment to § 54.1-2313.1 of the Code of Virginia clarifies that the Virginia Cemetery Board must file a petition in court if it believes a cemetery operator is unable to protect trust funds or is threatening public interests. The court can then temporarily halt the operator's activities and may appoint a receiver to manage the cemetery. Additionally, any costs associated with this receivership will be paid out of the cemetery company's assets, and the Board will not be responsible for those expenses.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- CHAPTER2022 ESESSION NCHAPTER 161 An appointmentAct ofto receiveramend uponand revocationreenact or§ surrender54.1-2313.1 of licensethe toCode operateof cemeteryVirginia, inrelating Virginia.to Cemetery Board;
Rappointment Oof [Sreceiver 183]upon Lrevocation Approvedor Besurrender itof enactedlicense byto theoperate Generalcemetery Assemblyin ofVirginia. Virginia:
L[S 1.183] Approved April 7, 2022 Be it enacted by the General Assembly of Virginia:
1.
E§ cemetery54.1-2313.1. company;
appointmentProtection of receiver.rialpreneed burial and perpetual care trust funds;
operation of Dcemetery Nocompany; licensee or any agent of the licensee shall divert or misuse any funds held in trust or otherwise held by him for another.
appointment of receiver.
No licensee or any agent of the licensee shall divert or misuse any funds held in trust or otherwise held by him for another.
S The court may temporarily enjoin further activity by the licensee and take such further acti1naction as shall be necessary to ensure that the cemetery company is operated in full compliance with this chapter and the Board's regulations, or to conserve, protect, and disburse the funds involved, or both, incEudingincluding the appointment of a receiver to operate.
View plain text versions (4)
- CHAP0161 View text Current pdf April 07, 2022
- SB183ER View text pdf March 09, 2022
- Committee Substitute Committee substitute printed 22104359D-S1 pdf January 19, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101463D pdf January 10, 2022
Action History
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Approved by Governor-Chapter 161 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB183ER)
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Signed by President
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Signed by Speaker
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from General Laws (22-Y 0-N)
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned GL sub: Subcommittee #1
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB183S1)
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB183S1
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Committee substitute agreed to 22104359D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Committee substitute printed 22104359D-S1
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Reported from General Laws and Technology with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/12/22 22101463D
Sponsors
- Ruff, Frank M., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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 |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Chris S. Runion | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 183 do?
- Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery in Virginia. Requires the Cemetery Board to petition a court of record having equity jurisdiction over the licensee or any of the funds held by him if the Board has reason to believe that (i) the licensee is not able to adequately protect the interest of the person involved; (ii) the licensee has had his license suspended, revoked, or surrendered; and (iii) the conduct of the licensee or the operation of the cemetery threatens the interests of the public. Current law allows, but does not require, the Board to file such petition upon a showing of at least one of the three requirements. If a receiver is appointed, the bill provides that the expenses of such receivership and a reasonable fee, as determined by the court, shall be paid from the assets of the cemetery company.
- Who sponsors SB 183?
- SB 183 is sponsored by Ruff, Frank M., Jr..
- What is the current status of SB 183?
- This bill has been enacted into law. Introduced January 10, 2022. Enacted.
- Where can I track SB 183?
- Track SB 183 free on One Click Politics — get push/email alerts when it moves.
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