Virginia 2024 Regular Session Status: Enacted

HB 652 — Funeral arrangements; def. of next of kin, proof of designated person to make funeral arrangements.

Last action — Acts of Assembly Chapter text (CHAP0200)

  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 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 28, 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

Advancing 54% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    6 passed, 1 failed in 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

Funeral arrangements; disputes between next of kin; proof of next of kin status. Establishes a dispute resolution process for disagreements about what persons are responsible for a decedent's funeral and the disposition for such decedent's remains. The bill permits funeral service licensees to require a person claiming next of kin status to execute a document affirming that such person is the next of kin.

Bill Text

What changed in the latest version

49 added · 47 removed

Plain-language change summary

The updated version of HB 652 clarifies the process for resolving disagreements among next of kin regarding funeral arrangements and the disposition of remains. Specifically, it specifies that any next of kin can petition the court to determine who has the authority to make these arrangements. This change is important because it provides clearer guidance for families in distressing situations, ensuring that disputes can be addressed in a timely manner while considering the wishes of the deceased and the relationships among family members.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 54.1-2807.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2807.03, relating to funeral arrangements;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 200 An Act to amend and reenact § 54.1-2807.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2807.03, relating to funeral arrangements;
R O [H 652] L Approved L Be it enacted by the General Assembly of Virginia:
[H 652] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
That § 54.1-2807.01 of the Code of Virginia is amended and reenacted and that the Code of E Virginia is amended by adding a section numbered 54.1-2807.03 as follows:
That § 54.1-2807.01 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-2807.03 as follows:
D § 54.1-2807.01.
§ 54.1-2807.01.
In the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent's next of kin concerning the arrangements for his funeral or the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to funeral or the disposition of his remains.
In the absence of a designation under § 54.1-2825, when there is a disagreement among a decedent's next of kin concerning the arrangements for his funeral or the disposition of his remains, any determine which of the next of kin shall have the authority to make arrangements for the decedent'sth to funeral or the disposition of his remains.
H B.
B.
In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and bet5een each of the disputing next of kin and the decedent, and any other factor the court considers reEevant to determine who should be authorized to make the arrangements for the decedent's funeral or the R disposition of his remains.
In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the decedent's funeral or the disposition of his remains.
funeral or the disposition of his remains, at least one of the next of kin shall, within 48 hours of the funeral service establishment receiving the decedent's remains, notify such funeral service establishment of the dispute, at which time the funeral service establishment shall immediately stop making arrangements for the decedent's funeral or for the disposition of the decedent's remains until such time as an agreement is reached by the disputing next of kin or a court of appropriate jurisdiction has ruled on any petition filed by such disputing next of kin.
C.
When there is a disagreement among a decedent's next of kin concerning the arrangements for his funeral or the disposition of his remains, at least one of the next of kin shall, within 48 hours of the funeral service establishment receiving the decedent's remains, notify such funeral service establishment of the dispute, at which time the funeral service establishment shall immediately stop making arrangements for the decedent's funeral or for the disposition of the decedent's remains until such time as an agreement is reached by the disputing next of kin or a court of appropriate jurisdiction has ruled on any petition filed by such disputing next of kin.
If there is a dispute regarding the identity of any persons who have the right to make decedent's remains, a funeral service establishment shall not be liable for refusing to dispose of the decedent's remains or complete the arrangements for the final disposition of such remains until the funeral service establishment receives a court order or written agreement signed by the disputing next of kin that establishes the final disposition of the decedent's remains.
If there is a dispute regarding the identity of any persons who have the right to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of such decedent's remains, a funeral service establishment shall not be liable for refusing to dispose of the decedent's remains or complete the arrangements for the final disposition of such remains until the funeral service establishment receives a court order or written agreement signed by the disputing next of kin that establishes the final disposition of the decedent's remains.
Any person or persons adjudged or agreed to have the right to make decedent's remains shall be responsible for any costs incurred by the funeral service establishment pursuant to this subsection.
Any person or persons adjudged or agreed to have the right to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of the decedent's remains shall be responsible for any costs incurred by the funeral service establishment pursuant to this subsection.
section, rely on the decedent's will that names such person as the individual the decedent wishes tohis serve as next of kin for making funeral and burial arrangements, regardless of whether the will has been probated.
B.
A funeral service licensee may, as a part of affirming that such person is next of kin under this section, rely on the decedent's will that names such person as the individual the decedent wishes to serve as next of kin for making funeral and burial arrangements, regardless of whether the will has been probated.
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Action History

  1. Acts of Assembly Chapter text (CHAP0200)

  2. Approved by Governor-Chapter 200 (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. Impact statement from DPB (HB652ER)

  8. Bill text as passed House and Senate (HB652ER)

  9. Enrolled

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

  11. Read third time

  12. Constitutional reading dispensed (38-Y 0-N)

  13. Reported from General Laws and Technology (15-Y 0-N)

  14. Referred to Committee on General Laws and Technology

  15. Constitutional reading dispensed

  16. VOTE: Block Vote Passage (100-Y 0-N)

  17. Read third time and passed House BLOCK VOTE (100-Y 0-N)

  18. Engrossed by House - committee substitute HB652H1

  19. Committee substitute agreed to 24105717D-H1

  20. Read second time

  21. Read first time

  22. Impact statement from DPB (HB652H1)

  23. Committee substitute printed 24105717D-H1

  24. Reported from Health and Human Services with substitute (22-Y 0-N)

  25. Subcommittee recommends reporting with substitute (8-Y 0-N)

  26. House subcommittee amendments and substitutes offered

  27. Assigned sub: Health

  28. Referred to Committee on Health and Human Services

  29. Referred from General Laws

  30. Impact statement from DPB (HB652)

  31. Referred to Committee on General Laws

  32. Prefiled and ordered printed; offered 01/10/24 24104737D

Sponsors

Sponsorship breakdown

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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.

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 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
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 — Yea
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 — Yea
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)
Member Party Vote
Charniele L. Herring — Yea
H. Otto Wachsmann, Jr. — Yea
Irene Shin — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Patrick A. Hope — Yea
Rodney T. Willett — Yea
Sickles, Mark D. — Not Voting
Taylor, Kim A. — Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 652 do?
Funeral arrangements; disputes between next of kin; proof of next of kin status. Establishes a dispute resolution process for disagreements about what persons are responsible for a decedent's funeral and the disposition for such decedent's remains. The bill permits funeral service licensees to require a person claiming next of kin status to execute a document affirming that such person is the next of kin.
Who sponsors HB 652?
HB 652 is sponsored by Coyner, Carrie E..
What is the current status of HB 652?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 652?
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