Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Summer 2019 | Page 24
by Therese M. Corsones, Esq.
WHAT’S NEW
VBA Legislative Overview — 2019
The VBA followed a number of bills af-
fecting the bar and the courts this legisla-
tive session. Below is a brief summary of
those that have been enacted to date in bill
number order; please note that a number
of them have July 1, 2019 effective dates.
The summary includes the bill designation,
act number (if assigned), title, date signed
by Governor Scott, effective date, and an
indication of any VBA Connect Communi-
ties where information about the bill was
posted during the legislative session. A link
to each bill is included with each summary.
Many thanks to VBA Government Rela-
tions Coordinator Bob Paolini for so ably
tracking these and a variety of other bills
affecting the bar, and for making sure that
testimony was provided when needed.
Many thanks, also, to the numerous law-
yers who testified so capably, when need-
ed. Please contact Teri Corsones at tcor-
[email protected] if you have any questions
about this overview.
H. 278 – Act 24 “Parentage” bill (an act
relating to acknowledgment or denial of
parentage); signed by Governor Scott on
May 16, 2019; Sections 1–3 and 7 are ef-
fective on passage, remaining sections are
effective on July 1, 2019. (VBA Family Law
Community)
• Clarification of timing for rescission of
denial or acknowledgement of parent-
age
• Clarification of circumstances regard-
ing the release of parentage informa-
tion
• Clarification of certain details of par-
entage forms and parentage orders
https://legislature.vermont.gov/Doc-
uments/2020/Docs/ACTS/ACT024/
ACT024%20As%20Enacted.pdf
H. 287 – Act 36 “Small probate estates”
bill (an act relating to small probate es-
tates); signed by Governor Scott on May
28, 2019; effective on July 1, 2019. (VBA
Probate Law Community)
• Small estate limit raised from $10,000
to $45,000
• Estate must consist entirely of personal
property; time share property may be
allowed
• Listing of what needs to be filed
• Interested parties have 14 days to ob-
ject
24
• Letters of administration effective for
one year
• Spells out process if small estate insol-
vent
https://legislature.vermont.gov/
Documents/2020/Docs/BILLS/H-
0287/H-0287%20As%20Passed%20by%20
Both%20House%20and%20Senate%20Un-
official.pdf
H. 330 – Act 37 “Repeal of Statute of
Limitations” bill (an act relating to repeal-
ing the statute of limitations for civil actions
based on childhood sexual abuse); signed
by Governor Scott on May 28, 2019; effec-
tive on July 1, 2019 (VBA Practice and Pro-
cedure Community)
• Repeal of statute of limitations for civ-
il actions based on childhood sexual
abuse
• Felony sexual exploitation of a minor
added to definition of childhood sexu-
al abuse
• Repeal applies retroactively to abuse
that occurred prior to July 1, 2019
• Damages against an entity for actions
based on abuse that would have been
barred by statute of limitations on June
30, 2019 only if there is a finding of
gross negligence
https://legislature.vermont.gov/
Documents/2020/Docs/BILLS/H-
0330/H-0330%20As%20Passed%20by%20
Both%20House%20and%20Senate%20Un-
official.pdf
H. 436 – Act 11 “International Wills” bill
(an act relating to international wills); signed
by Governor Scott on April 30, 2019; ef-
fective on July 1, 2019. (VBA Probate Law
Community)
• Based on Uniform Law on the Form of
an International Will
• International will in compliance with
statute is valid with regard to form, ir-
respective of place where made, loca-
tion of assets or nationality, domicile or
residence of testator
• Spells out requirements of process for
validating international wills
• Certificate by authorized person re-
garding requirements must be at-
tached to will
• Template for certificate of authorized
person included in statute
THE VERMONT BAR JOURNAL • SUMMER 2019
• A person with active Vermont law li-
cense and in good standing is autho-
rized person
https://legislature.vermont.gov/Doc-
uments/2020/Docs/ACTS/ACT011/
ACT011%20As%20Enacted.pdf
H. 460 – Act 32 “Sealing and Expunge-
ment” bill (an act relating to sealing and ex-
pungement of criminal history); signed by
Governor Scott on May 23, 2019; effective
on July 1, 2019 except Sec. 3 (expunge-
ment and sealing procedure) shall take ef-
fect on October 1, 2019.
• Expansion of nonviolent crimes that
qualify for sealing or expungement pe-
titions, including possession of certain
controlled substances, driving under
the influence (first offense) in certain in-
stances and burglary in certain instanc-
es
• Definition of predicate offenses mod-
ified to exclude possession of a con-
trolled substance in certain instances
https://legislature.vermont.gov/Doc-
uments/2020/Docs/ACTS/ACT032/
ACT032%20As%20Enacted.pdf
H. 512 – Act 40 “Miscellaneous Judiciary
Amendments” bill (an act relating to miscel-
laneous court and Judiciary related amend-
ments) signed by Governor Scott on May
30, 2019. Effective date July 1, 2019, but
“notwithstanding 1 V.S.A. § 214, Sec. 6, 15
V.S.A. § 752(b)(9) (maintenance guidelines),
shall apply to actions filed on or after Janu-
ary 1, 2019”. (VBA Family Law Community)
• Option to waive use of commissioners
in partition actions
• Probate divisions to maintain electron-
ic databases of notices of intent to re-
tain parental rights
• Confidentiality parameters for use of
juvenile records in probate cases
• Records of subjects of delinquency pe-
titions filed after 7/1/06 sealed if case
dismissed
• Modifications of maintenance provi-
sions (“long term” instead of “perma-
nent”; retirement benefits provisions;
alimony guidelines updated in light of
Tax Reform bill)
• Various revisions to marijuana/cannabi-
noids provisions
• Creation of Task Force on Campus
www.vtbar.org