I wish I could give you a better update on where we’re headed in the next to last week of the session. Although the budget, the stimulus package, Vermont Yankee, corrections, etc. are really dominating both the news and the statehouse this week, some of the bills the VBA has interest in are moving. The Business Association Section has seen its L3C bill and the UCC Article 1 rewrite pass and goes to the governor for signature. The “angel investor” bill is on the calendar as of this writing and should pass the House exactly as it passed the Senate earlier this year. We are, however, still awaiting action on the Digital Corporation bill which includes the rewrite of our corporate code. We’re hoping for some action by the end of the week.

The Tax Law Section seems to have been successful in warding off the Tax Department’s attempt to change the way appeals from refund claims are handled. If you read this report a few weeks ago, you will recall that the department wanted to remove the automatic appeal to superior court if the tax commissioner did not rule on a claim for refund within six months (we’re talking about land gains tax here). On Wednesday afternoon, the Senate Finance Committee agreed to remove that language. We think the House members of the conference committee will agree. Stay tuned.

Much work has been done by the Probate and Trust Law Section this year which resulted in H. 203. On Wednesday, the Senate passed its version of the bill amending the House bill in perhaps three ways. The House is being asked to concur or request a committee of conference. We’re reviewing the changes and will weigh in by the end of the week.

The Property Law Section has been active in following the mortgage discharge bill that passed the Senate last year. The House Judiciary Committee added some new language to it as well as adding the express trust language from S. 200. That bill has now gone back to the Senate for review by the Judiciary Committee. The initial reaction was not favorable as they didn’t appear to have the time to consider the new sections. We’re working on seeing that the bill has a hearing before being left behind for the year.

The legislative leadership version of the budget cuts needed to save the expected shortfall amount of $24.5 million unfortunately includes two cuts to the judiciary’s funding. Last week the administration proposed a $500,000 cut. Then the leadership added another $220,000 in cuts to the pay act. Of course all of this is happening after the increase in court filing fees was approved. The plan was to increase those fees with an accompanying increase in the judiciary budget. That “plan” has now run into problems as have so many others this year.

I hope to be able to do a final wrap up next week on these and other items of interest. If, after reading, you have a question about a specific bill, let me know and I’ll try to find the answer. Thanks for reading.

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