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Civil subcommittee reports broad package including notary training, easement revisions and class-action statute
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Summary
The committee's civil subcommittee reported a broad civil package, including HB163 (notary training and fraud-alert registry), HB252 (easement relocation/modification with statutory references), and HB4-49 (a new class-action statute reported with substitute after debate and a subsequent reconsideration).
Chair Simon presented the civil subcommittee's report and moved a set of civil bills, several of which were pulled for separate consideration.
House Bill 163 was taken out of the block and reported with a substitute. The substitute requires that notaries complete a course of instruction developed by or approved by the Secretary of the Commonwealth on real-estate fraud and financial exploitation of elderly persons within the six months before applying for or renewing a notary certificate. The substitute directs the Secretary to develop the curriculum by Jan. 1, 2027, establishes a delayed effective date of July 1, 2027, requires circuit court clerks to establish an electronic land-records fraud-alert enrollment system, and requires notaries to keep records of notarial acts occurring on or after July 1, 2026. The committee reported HB163 with substitute by a recorded vote of 16 to 0.
House Bill 252, which addresses relocation or modification of easements, was reported with amendments and line edits. Counsel explained additional line amendments, including inserting definitions referencing Code § 10.1-1009; the committee recommended HB252 with amendment by vote of 18 to 0.
House Bill 4-49, a substitute to create a codified class-action procedure, drew extended discussion. The substitute sets out certification criteria, duties of appointed counsel, procedures for notice and settlement, and allows interlocutory appeals in certain class-certification orders. Delegate Sullivan said he would vote for the bill but raised reservations and asked the sponsor to remain open to improvements. The committee reconsidered HB4-49 and ultimately re-reported it with the substitute; final committee tallies recorded were 15 to 3 on initial report and 14 to 5 after reconsideration and re-reporting.
Other civil measures reported included HB73 (custodial petitions in juvenile domestic relations courts), HB133 (electronic wills and electronic medical directives), HB306/HB307 (probate timing and notice procedures), HB350 (jury-exemption adjustments), HB510 (Uniform Power of Attorney Act changes), and several others recommended by the Boyd-Graves Conference, the Virginia Bar Association, and the Virginia Commission on Youth.
Next steps: Reported civil bills move forward according to committee referrals; HB163 and HB252 were recorded as reported with substitutions/amendments and will proceed to the next assigned committees or floor consideration as appropriate.
