Opening Day

The opening gavel has fallen and the session has begun its 16 week journey to the beginning of the campaign season. Although today is mostly about seeing friends and catching up, a number of bills were introduced and sent off to committees of jurisdiction where their fate is anything but clear. What I mean is that this session is all about the budget and I wonder how much time there will be to devote to other issues. In the second year of a biennium, the deadlines are earlier and harder. The so-called “crossover” date is usually about the end of February when the Town Meeting recess begins. Crossover means that, without a rules’ exemption, bills must be on the Notice Calendar by that date in order to guarantee consideration by the other chamber. There are exceptions, of course. That doesn’t apply to “money” bills- the appropriations, transportation, capital, or pay acts, or to any bill that the Rules Committee exempts. Anyway, with so many bills still pending from the first year of this biennium, plus those being introduced now, there will be too much to do in not enough time.
But here is a sampling of some of the bills of interest to the VBA. Of course, the most significant is the judicial restructuring bill, H.470. It is a 160 page bill that must be analyzed closely and will no doubt be scrutinized by at least six committees of the House and Senate. Representatives Grad and Donahue have introduced H. 461, a bill that would broaden the range of estates which can qualify for treatment as small estates by permitting the probate court to hold small estate proceedings for a decedent who dies with surviving parents but without a surviving spouse or child.
On the Senate side, Senator Campbell introduced S. 165 a bill that would eliminate the statute of limitations for felonies! I’ll send this to our Criminal Law Section for their discussion. He also introduced S. 169, the uniform adult guardianship and protective proceedings act. The statement of purpose is:
This bill proposes to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in Vermont. The act establishes which state has jurisdiction to make the initial guardianship decision, provides for transfer of guardianship cases between jurisdictions, and allows recognition of an out-of-state guardian’s authority to deal with issues in the state on a limited basis.

Senator Illuzzi has introduced two bills that may be of interest to some of you. The first, S. 172, makes some changes to the uniform common interest ownership act. The statement of purpose of the bill is as follows:
This bill proposes the following changes to the uniform common interest ownership act: (1) The bill proposes to eliminate the creation of statutory liens for fines imposed against a unit owner. Statutory liens would continue for unpaid assessments against the unit. (2) The bill proposes to require the association to notify the unit owner of alien against the unit at least 30 days prior to foreclosing on the lien, and to notify the owner of the amount of unpaid assessments the owner needs to pay in order to discharge the lien. Failure to provide the required notice prohibits the association from filing a foreclosure action against the unit. (3) The bill requires the association to discharge the lien within 30 days after the unit owner pays the unpaid assessments, and to notify the unit owner of the discharge within ten days. Failure to discharge the lien in a timely fashion results in civil liability against the association in the amount of $25.00 per day, up to a maximum of $5,000.00 in damages.
His other bill is S. 155 which would permit a judge to hold another judicial elective office. This is in response to an issue involving one of the Essex County side judges who is also a probate judge and who ran for a position as selectman! This bill would apply retroactively if passed as written!

Finally, Senator Nitka has introduced S. 227, the uniform child custody jurisdiction and enforcement act. This bill accompanies H. 50, introduced last year and still pending in the House Judiciary Committee. The purpose of both bills is stated as follows:
This bill proposes to revise the law on child custody jurisdiction in light of federal enactments and inconsistent case law among various jurisdictions. The bill provides standards for which states can exercise original jurisdiction over a child custody determination, enunciates a standard of continuing jurisdiction, and clarifies modification jurisdiction. Other aspects of the bill harmonize the law on simultaneous proceedings, clean hands, and forum non conveniens. The bill also proposes to provide for a remedial process to enforce interstate child custody and visitation determinations. In doing so, it brings a uniform procedure to the law of interstate enforcement.
The VBA Board will be considering supporting this bill at its next meeting in Montreal next week. The Family Law Section has indicated its support for it.

Finally, Senator Cummings, Chair of the Senate Finance Committee introduced S. 173, a bill that would make technical corrections to the newly adopted Vermont Trust Code.

I’ll be back to you tomorrow after the Commission on Judicial Operation makes its presentation to, now, three House Committees- Judiciary, Government Operations, and Appropriations. That may take all day. It is scheduled for 9 to noon and again after the House adjourns for the day. (The House goes into session at 1Pm on Wednesdays