2011 Regular Session

HOUSE BILL 729

File Code: Civil Actions and Procedures
Sponsored By:
Delegate Simmons
Entitled:
Civil Actions - Class Action Waiver in a Written Agreement - Unenforceability

Synopsis:

Establishing that a written agreement made before a dispute arises between the parties to the agreement may not waive or have the practical effect of waiving the rights of a party to the agreement to resolve the dispute by obtaining relief as a representative of or as a member of a class of similarly situated persons; establishing that such a waiver in a written agreement is not enforceable; and applying the Act retroactively to any written agreement in existence on or after October 1, 2011.

History by Legislative and Calendar Date

Legislative date is used to record history occurring in the Chambers otherwise Calendar date is used.
House Action
2/10
First Reading Judiciary
2/11
Hearing 3/2 at 1:00 p.m.
3/14

Favorable with Amendments Report by Judiciary
3/15
Favorable with Amendments Report Adopted
Second Reading Passed with Amendments
3/17
Third Reading Passed (108-32)
Senate Action
3/18
First Reading Judicial Proceedings
Hearing 3/29 at 1:00 p.m.
4/9
Favorable with Amendments Report by Judicial Proceedings
4/6
Favorable with Amendments
Committee Amendment Adopted
Motion Special Order until later today (Senator Astle) Rejected (19-20)
Second Reading Passed with Amendments
4/7
Motion Special Order until later today (Senator Kittleman) Rejected (21-24)
Floor Amendment (Senator Kittleman) Adopted (23-22)
Third Reading Failed (21-25)

Bill indexed under the following Subjects:

Civil Actions -see also- Small Claims
Contracts -see also- Land Installment Contracts; Procurement

Bill affects the following Statute:

Courts and Judicial Proceedings
( 6-411 )

Documents

All documents except Roll Call Votes are displayed in PDF format:
Bill Text: First Reading, Third Reading, Enrolled
Fiscal and Policy Note: Available
Amendments:
House
Number: 892717/01     Offered on: March 15, 2011   at: 10:31 a.m.     Status: Adopted
Senate
Number: 608575/03     Offered on: April 11, 2011   at: 3:45 p.m.     Status: Adopted
Number: 803825/01     Offered on: April 11, 2011   at: 7:10 p.m.     Status: Adopted
Committee Votes :
House
Judiciary
Senate
Judicial Proceedings
Roll Call Votes (Legislative dates are shown):
House
March 17, 2011: Third Reading Passed (108-32)
Senate
April 6, 2011: Motion Special Order until later today (Astle) Rejected (19-20)
April 7, 2011: Motion Special Order until later today (Kittleman) Rejected (21-24)
April 7, 2011: Motion Special Order until later today (Kittleman) Rejected (21-24)
April 7, 2011: Floor Amendment (Kittleman) {803825/1 Adopted (23-22)
April 7, 2011: Floor Amendment (Kittleman) {803825/1 Adopted (23-22)
April 7, 2011: Third Reading Failed (21-25)
April 7, 2011: Third Reading Failed (21-25)