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2022 SESSION
HB 409 Statute of limitations; promises not to plead.
Introduced by: Jason S. Ballard | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. The bill provides that its provisions apply only to written promises not to plead the statute of limitations made on or after July 1, 2022. The bill as introduced was a recommendation of the Boyd-Graves Conference.
FULL TEXT
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22101575D pdf
- 02/25/22 House: Bill text as passed House and Senate (HB409ER) pdf
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0477) pdf
AMENDMENTS
HISTORY
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22101575D
- 01/11/22 House: Referred to Committee for Courts of Justice
- 01/21/22 House: Assigned Courts sub: Subcommittee #2
- 01/24/22 House: Subcommittee recommends reporting (7-Y 1-N)
- 01/28/22 House: Reported from Courts of Justice (15-Y 3-N)
- 02/01/22 House: Read first time
- 02/02/22 House: Read second time and engrossed
- 02/03/22 House: Read third time and passed House (94-Y 6-N)
- 02/03/22 House: VOTE: Passage (94-Y 6-N)
- 02/04/22 Senate: Constitutional reading dispensed
- 02/04/22 Senate: Referred to Committee on the Judiciary
- 02/16/22 Senate: Reported from Judiciary with amendment (14-Y 0-N)
- 02/18/22 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/21/22 Senate: Read third time
- 02/21/22 Senate: Reading of amendment waived
- 02/21/22 Senate: Committee amendment agreed to
- 02/21/22 Senate: Engrossed by Senate as amended
- 02/21/22 Senate: Passed Senate with amendment (40-Y 0-N)
- 02/23/22 House: Senate amendment agreed to by House (100-Y 0-N)
- 02/23/22 House: VOTE: Adoption (100-Y 0-N)
- 02/25/22 House: Enrolled
- 02/25/22 House: Bill text as passed House and Senate (HB409ER)
- 02/25/22 House: Signed by Speaker
- 02/25/22 Senate: Signed by President
- 03/11/22 House: Enrolled Bill communicated to Governor on March 11, 2022
- 03/11/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Governor: Approved by Governor-Chapter 477 (effective 7/1/22)
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0477)