Virginia 2024 Regular Session Status: Enacted

HB 336 — Powers of attorney, certain; transfer on death deeds.

Last action — Acts of Assembly Chapter text (CHAP0283)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 05, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 02, 2024.

Odds of enactment

High chance

Based 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

Likely to advance 78% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law. This bill is identical to SB 471.

Bill Text

What changed in the latest version

48 added · 47 removed

Plain-language change summary

The recent amendment to HB 336 updated the language in § 64.2-1625 of the Code of Virginia, particularly regarding the powers granted in a power of attorney related to real property. Key changes include the removal of the ability for agents to sell or exchange real estate without covenants and the addition of clearer responsibilities for managing properties. These changes are important as they tighten the regulations around how agents can act on behalf of others in real estate matters, ensuring better protection and clearer guidelines for property management and transactions.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 64.2-1625 of the Code of Virginia, relating to certain powers of N attorney;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 283 An Act to amend and reenact § 64.2-1625 of the Code of Virginia, relating to certain powers of attorney;
R O [H 336] Approved L L 1.
[H 336] Approved April 2, 2024 Be it enacted by the General Assembly of Virginia:
1.
E A.
A.
2.
release;
Sell;
surrender;
exchange;
retain title for security;
convey with or without covenants, representations, or warranties;
encumber;
quitclaim;
partition;
easement or covenant;
consent to partitioning;
subject to an easement or covenant;
plat or consent tot to an platting;
plat or consent to platting;
contribute to an entity in exchHnge for an interest in that entity;
contribute to an entity in exchange for an interest in that entity;
3 3.
3.
Pledge or mortgage an interest in real property or right incident to real property as secErity to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt R guaranteed by the principal;
Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;st, conditional 5.
4.
Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;
5.
and property;chasing supplies, hiring assistance or labor, and making repairs or alterations to the real 6.
and d.
Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
6.
c.
b.
Exercising any voting rights in person or by proxy;n, or similar right with respect to them;
Exercising or selling an option, right of conversion, or similar right with respect to them;
and 8.
and c.
Exercising any voting rights in person or by proxy;
8.
An agent under a power of attorney acting under the authority of this section shall not have the authority to create, change, or revoke a transfer on death deed on behalf of the owner of property unless such agent is granted the power to create or change a beneficiary designation as required by exercising any authority under subsection A, even if the effect of exercising of such authority may be to revoke a transfer on death deed.
An agent under a power of attorney acting under the authority of this section shall not have the authority to create, change, or revoke a transfer on death deed on behalf of the owner of property unless such agent is granted the power to create or change a beneficiary designation as required by subdivision A 4 of § 64.2-1622.
This subsection shall not be construed to prohibit such agent from exercising any authority under subsection A, even if the effect of exercising such authority may be to revoke a transfer on death deed.
View plain text versions (3)

Action History

  1. Acts of Assembly Chapter text (CHAP0283)

  2. Approved by Governor-Chapter 283 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed House and Senate (HB336ER)

  8. Enrolled

  9. Passed Senate (40-Y 0-N)

  10. Read third time

  11. Constitutional reading dispensed (39-Y 0-N)

  12. Reported from Courts of Justice (11-Y 0-N)

  13. Referred to Committee for Courts of Justice

  14. Constitutional reading dispensed

  15. VOTE: Block Vote Passage (98-Y 0-N)

  16. Read third time and passed House BLOCK VOTE (98-Y 0-N)

  17. Read second time and engrossed

  18. Read first time

  19. Reported from Courts of Justice (22-Y 0-N)

  20. Subcommittee recommends reporting (8-Y 0-N)

  21. Assigned Courts sub: Civil

  22. Referred to Committee for Courts of Justice

  23. Prefiled and ordered printed; offered 01/10/24 24102443D

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 143 not signed on

Sponsors (1)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11004
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Carroll Foy, Jennifer D. — Yea
Emily M. Jordan — Yea
Jennifer B. Boysko — Yea
Lamont Bagby — Not Voting
Lashrecse D. Aird — Not Voting
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Scott A. Surovell — Yea
Subramanyam, Suhas — Yea
William M. Stanley, Jr. — Not Voting

Official roll call →

Passed 97 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 97002
Total 97002
% of votes cast 98%0%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Not Voting
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Not Voting
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)

Official roll call →

Subjects

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Frequently asked questions

What does HB 336 do?
Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law. This bill is identical to SB 471.
Who sponsors HB 336?
HB 336 is sponsored by Michael J. Jones, Nadarius E. Clark, Rozia A. Henson, Jr., Marty Martinez, and Michelle Lopes Maldonado.
What is the current status of HB 336?
This bill has been enacted into law. Introduced January 05, 2024. Enacted.
Where can I track HB 336?
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