HB 336 — Powers of attorney, certain; transfer on death deeds.
Last action — Acts of Assembly Chapter text (CHAP0283)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
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 chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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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 removedPlain-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.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E283 An Act to amend and reenact § 64.2-1625 of the Code of Virginia, relating to certain powers of N attorney;
R O [H 336] Approved LApril L2, 1.2024 Be it enacted by the General Assembly of Virginia:
1.
E A.
2.release;
Sell;surrender;
exchange;retain title for security;
conveyencumber; with or without covenants, representations, or warranties;
quitclaim;partition;
easementconsent orto covenant;partitioning;
subject to an easement or covenant;
plat or consent tot to an platting;
contribute to an entity in exchHngeexchange for an interest in that entity;
3 3.
Pledge or mortgage an interest in real property or right incident to real property as secEritysecurity 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;
sale4. contract, encumbrance, lien, or other claim to real property that exists or is asserted;st, conditional 5.
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;chasingd. supplies, hiring assistance or labor, and making repairs or alterations to the real 6.
Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
6.
c.b.
Exercising anyor votingselling rightsan inoption, personright orof byconversion, proxy;n, or similar right with respect to them;
and 8.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 exercisingsubdivision anyA authority4 under subsection A, even if the effect of exercising§ of64.2-1622. such authority may be to revoke a transfer on death deed.
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)
- CHAP0283 View text Current pdf April 02, 2024
- HB336ER View text pdf February 27, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24102443D pdf January 05, 2024
Action History
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Acts of Assembly Chapter text (CHAP0283)
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Approved by Governor-Chapter 283 (effective 7/1/24)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill communicated to Governor on March 11, 2024
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Signed by President
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Signed by Speaker
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Bill text as passed House and Senate (HB336ER)
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Courts of Justice (11-Y 0-N)
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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VOTE: Block Vote Passage (98-Y 0-N)
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Read third time and passed House BLOCK VOTE (98-Y 0-N)
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Read second time and engrossed
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Read first time
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Reported from Courts of Justice (22-Y 0-N)
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned Courts sub: Civil
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/10/24 24102443D
Sponsors
- Michael J. Jones · Primary
- Nadarius E. Clark · Cosponsor
- Jr. Rozia A. Henson · Cosponsor
- Marty Martinez · Cosponsor
- Michelle Lopes Maldonado · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 143 not signed on
Sponsors (1)
Co-sponsors (4)
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.
Votes
| 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)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Not Voting |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 4 |
| Total | 11 | 0 | 0 | 4 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
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 |
|---|---|---|
| Arnold, Jonathan, E. P. | — | Yea |
| Atoosa R. Reaser | — | Yea |
| Batten, Amanda E. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Earley, Mark L., Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Joshua E. Thomas | — | Yea |
| Karen Keys-Gamarra | — | Yea |
| Karrie K. Delaney | — | Yea |
| Katrina Callsen | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marcus B. Simon | — | Yea |
| Obenshain, Chris | — | Yea |
| Patrick A. Hope | — | Yea |
| Phil M. Hernandez | — | Yea |
| Rae Cousins | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Yea |
| Wren M. Williams | — | 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 |
|---|---|---|
| Atoosa R. Reaser | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Joshua E. Thomas | — | Yea |
| Karen Keys-Gamarra | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Not Voting |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
Subjects
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?
- Track HB 336 free on One Click Politics — get push/email alerts when it moves.
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