Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 - Page 20

by Jennifer Emens-Butler , Esq .

WHAT ’ S NEW ?

Government Relations

Our government relations guru , Bob Paolini , has been busy tracking legislation , providing testimony and informing our members about the happenings in the Statehouse . Bob and our Executive Director , Teri Corsones , are our eyes and ears in the legislature . If something has an impact on the practice of law in Vermont , Bob is sure to inform our members and allow them to weigh in . Having a seat at the table is an essential benefit that the VBA provides to our members .
Bob has been posting to VBA Connect ’ s online communities in each substantive practice area affected by proposed legislation . Be sure to check your VBA Connect communities for up-to-date information on the face-paced world of legislation that may be affecting your practice . What follows is a mere sampling of items of interest to our members that Bob has been tracking , in no particular order :
PROBATE AND TRUST : Probate & Trust Section Co-Chair Mark Langan , with the assistance from the Probate and Trust Section , has proposed and successfully pushed through the House Judiciary H . 152 , the Uniform Fiduciary Access to Digital Assets Act . This has made crossover and is now in the Senate .
Co-Chair Bob Pratt , along with several probate judges , proposed S . 29 , a rewrite of an act relating to decedent ’ s estates rewrite . It is a voluminous bill which was not taken up , so it did not make crossover and will likely be considered next year .
REAL PROPERTY :
Member Andy Mikell with the assistance of Bob and others , presented a technical corrections bill related to clarifying ambiguities in real estate transfers named H . 290 , which passed the House .
REAL PROPERTY , PROBATE AND ALL SECTIONS :
There is a draft bill , relating to a complete restructure of the requirements for notaries . Some of what is proposed requires regular notary continuing education . Bob and Teri have been working hard to exempt lawyers from the bill or to at least remove most of onerous requirements for lawyers . The Real Property and Probate Section Chairs have been given regular updates on the status of this bill . As of this writing , the bill has not made it beyond committee draft and did not make crossover .
FAMILY LAW :
A set of alimony guidelines had been proposed by the Family Division Oversight Committee which were set forth in H363 , suggesting that those guidelines be incorporated into statute as required considerations for judges . Member and Section Chair Penny Benelli reached out to the Family Law Section and testified in support of the guidelines . S . 112 instead proposes a spousal support and maintenance task force to study alimony reform further . S . 112 has passed and is now headed to the House .
Bills adding a standard that joint custody be the preferred presumption in divorce cases were relayed to our Family Law community , where an engaging discussion ensued . The Family Law Section was divided , and the bills did not make the crossover deadline .
H . 502 relating to establishing a study committee to examine issues relating to parentage when assisted reproductive technology is used , as well as parentage in cases where a person without clear legal standing assumes the role of parent , has just been introduced . The issue has been shared with our Family Law Section .
A bill , H . 339 , proposing to authorize assistant judges to serve as mediators was introduced , with unanimous opposition from contributing members of the Family Law community . This bill did not make crossover .
BANKRUPTCY AND BUSINESS LAW :
Member Tom Moody and others testified in favor , generally , with a few areas of inquiry , of Vermont adopting the Uniform Voidable Transactions Act . H35 , which essentially codifies our fraudulent conveyance statute with uniform changes , passed the house , made crossover , and is up for consideration by the Senate in late March .
ALL SECTIONS :
House H . 4 which replaces 10-day time periods with 14 , and essentially codifies the calculation of “ a day as a day ” has made crossover and is in Senate Judiciary , late March .
Bob and Teri continue to observe testimony by the Court Administrator and others regarding the Judiciary budget . The funding of the judiciary is a critical issue for all of our members . The VBA continues to watch closely as testimony is heard regarding court security , guardians ad-litem , cost of living increases , and other matters . Testimony is sought and offered by members whenever inquiries are made as to the potential impact of any changes to the budget upon the needs of the public who are being served by the court system and its users .
20 THE VERMONT BAR JOURNAL • SPRING 2017 www . vtbar . org
by Jennifer Emens-Butler, Esq. WHAT’S NEW? Government Relations Our government relations guru, Bob Paolini, has been busy tracking legisla- tion, providing testimony and informing our members about the happenings in the Statehouse. Bob and our Executive Direc- tor, Teri Corsones, are our eyes and ears in the legislature. If something has an im- pact on the practice of law in Vermont, Bob is sure to inform our members and allow them to weigh in. Having a seat at the ta- ble is an essential benefit that the VBA pro- vides to our members. Bob has been posting to VBA Connect’s online communities in each substantive practice area affected by proposed legisla- tion. Be sure to check your VBA Connect communities for up-to-date information on the face-paced world of legislation that may be affecting your practice. What fol- lows is a mere sampling of items of interest to our members that Bob has been track- ing, in no particular order: PROBATE AND TRUST: Probate & Trust Section Co-Chair Mark Langan, with the assistance from the Pro- bate and Trust Section, has proposed and successfully pushed through the House Ju- diciary H.152, the Uniform Fiduciary Access to Digital Assets Act. This has made cross- over and is now in the Senate. Co-Chair Bob Pratt, along with several probate judges, proposed S.29, a rewrite of an act relating to decedent’s estates re- write. It is a voluminous bill which was not taken up, so it did not make crossover and will likely be considered next year. REAL PROPERTY: Member Andy Mikell with the assistance of Bob and others, presented a technical corrections bill related to clarifying am- biguities in real estate transfers named H.290, which passed the House. REAL PROPERTY, PROBATE AND ALL SECTIONS: There is a draft bill, relating to a com- plete restructure of the requirements for notaries. Some of what is proposed re- quires regular notary continuing education. Bob and Teri have been working hard to exempt lawyers from the bill or to at least remove most of onerous requirements for lawyers. The Real Property and Probate Section Chairs have been given regular up- dates on the status of this bill. As of this writing, the bill has not made it beyond committee draft and did not make cross- over. FAMILY LAW: A se Ё䁝ե́)ɽ͕ѡ٥ͥ=ٕͥ) ѕݡݕɔ͕ЁѠ ̰)՝ѥѡЁѡ͔ե́)ɅѕѼхє́ɕեɕ)ͥɅѥ́ȁՑ̸5ȁM)ѥ ȁA ɕЁѼѡ)1܁Mѥѕѥ)ѡե̸Lȁѕɽ͕)ͅЁѕхͬ)ɍѼՑ䁅ɕɴѡȸL(ȁ͕́́܁Ѽѡ)!͔) ́хɐѡЁЁѼ)䁉ѡɕɕɕյѥٽɍ)͕́ݕɔɕ啐Ѽȁ1܁)չ䰁ݡɔ͍ͥ)ՕQ1܁Mѥ݅́٥)ѡ́Ёѡɽ̴)ٕȁ) ȁɕѥѼх͡Ց)ѕѼᅵՕ́ɕѥѼ)ɕхݡͥѕɕɽՍѥٔ)ѕ䁥͕́́ݕ́ɕх)͕́ݡɔͽݥѡЁȁ)хյ́ѡɽɕа)ЁɽՍQՔ́)͡ɕݥѠȁ1܁Mѥ) 䰁ɽͥѼѡɥ锁̴)ͥхЁՑ́Ѽ͕ٔ́ѽ́݅́)ɽՍݥѠչ́ͥѥɽ)ɥѥ́ѡ1)չ丁Q́Ёɽ̴)ٕȸ) 9-IUAQ d9 UM%9ML1\)5ȁQ5䁅ѡ́ѕѥ)ٽȰɅ䰁ݥѠ܁ɕ́դ)䰁YɵЁѥѡUɴY)QɅͅѥ́и ԰ݡ͕)ѥ䁍́ȁɅՑձЁٕ兹)хєݥѠչɴ̰͕ѡ)͔ɽͽٕȰ́ȁ)ͥɅѥѡMєє5ɍ)10M Q%=9L)!͔ Ёݡɕ̀ѥ)ɥ́ݥѠа͕ѥ䁍́ѡ)ձѥq䁅́t́)ɽͽٕȁ́Mє)Ց䰁є)5ɍ) QɤѥՔѼ͕ٔѕѤ)䁉ѡ ЁɅѽȁѠ)́ɕɑѡ)Ց䁉ՑиQ)չѡՑ䁥́ɥѥՔ)ȁ̸QY ѥՕ́Ѽ)݅э͕䁅́ѕѥ䁥́ɐɕɐ)Ё͕ɥ䰁Յɑ́ѕ)٥ɕ͕̰ѡȁѕ̸Q̴)ѥ䁥́ͽ՝Ёɕ䁵)ݡٕȁեɥ́ɔ́Ѽѡ)ѕѥЁ䁍́ѼѡՐ)Ёѡ́ѡՉݡɔ)͕ٕѡЁѕ)̸͕()Q!YI5=9P H)=UI90MAI%9)ܹщȹ