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