Probate & Trust Bill Referrals - 2009 - Final Status
Washington State Bar Association
Section contact:  N. Elizabeth McCaw
Bill Number Title Prime Notes Position Status Comments $
Bills the Section sponsored or took position:
ESB 5013 Concerning fees collected by county clerks.  Hargrove   Oppose Chapter 417, Laws of 2009.  Effective date 7/26/09. Sent 12/23/08 to RP, PT, Creditor/Debtor/ Litigation, Busines and Family Law. 1/7/09 - Beth McCaw, Tim Burkart don't like it; $200 fee to file small claim. Counties are the ones who get to keep most of the fees collected and they're looking for fill budget gaps.  3/10/09 Beth writes in response to Jeanne's email, Bottom line:  Our Section also can live with the rest of the bill if the creditor's claim fee is out.  We also might be willing to compromise for some fee - but absolutely no more than $20 and in exchange for agreeing to that, I  want no fee at all for claims of $1000 or less.
 
Beth
f
               
SSB 5171 Modifying the Washington principal and income act of 2002.  Kline   Concerns.  Revisions planned to Section 2 as interim project. Chapter 365, Laws of 2009.  Effective date 7/26/09. WSBA Tax Section. Gift and Estate Tax. Watson Blair, Marcia Fujimoto, Alan Macpherson. Notified of hearing on 1/23/09. 1/23/09 - Tax would like this bill to be delayed this year. Probably not going to happen but will have approx 3 weeks to comment before it moves to house.

Marcia,

I got you message late yesterday when I returned from meetings. Unfortunately, I was tied up all day today.

The commission would prefer to have the hearing in the Senate on 5171 as scheduled. The calendar for scheduling and hearing bills is very tight. If bar members or committees need to look at the measure, I would hope that would occur over the next two to three weeks, while the bill moves through the Senate. There will be time to express considered concerns before the House Judiciary committee should the bill make it there for hearing. We certainly want to hear if there are problems with the measure. Our understanding was that the change was desirable and should be done as soon as possible.

Keep me posted on the status of your review efforts. Thanks.

Judge Marlin J. Appelwick
Court of Appeals, Division I
600 University, 26th Floor
Seattle, WA 98101-4170
206-389-3926

2/9/09 Our Tax people still working on this.

2/13/09 from Beth McCaw - Our Council decided today that we have some major concerns about how SB 5171 is playing out. I know that Judge Appelwick made some changes to the bill following last Friday's conference call with NCCUSL and Marcia Fujimoto's work group. We appreciate these changes, but Doug Lawrence and I would like to have the opportunity to discuss the bill with Senator Kline. Is this something that you can arrange for us?

Please call me if you would like to discuss. We really appreciate your assistance.

2/9/09 Jeanne writes - Judge Applewick: Our troops are imploring us get this bill tabled. I know it is on the floor calendar. There seems to be legitimate concern among the Probate and Trust people. Seems the Estate and Gift section formed the original workgroup, some time ago. The current group looking at the bill requests the interim to work on making the uniform act fit with washington practice. They gave me some more talking points, if you want to discuss. Will you consider holding this over for interim work?
 
               
SB 5297 Concerning the procedure for filing a declaration of completion of probate. Kline   Sponsor Failed to pass.  Will return in 2010 legislative session. Sent 1/20/09.  WSBA sponsored bill.  
Bills of Interest to Section
SHB 1067 Creating the uniform limited partnership.     WSBA Business Law Section sponsored. Chapter 188, Laws of 2009.  Effective date January 1, 2010 - Except sections 1305 and 1401 through
1416, which become effective 07/01/10.
   
HB 1068 Revising the Washington business corporation act.     WSBA Business Law Section sponsored. Chapter 189, Laws of 2009.  Effective date 7/26/09.    
SHB 1103 Concerning the estates of vulnerable adults.  Moeller     Chapter 525, Laws of 2009.  Effective date 7/26/09. Sent 1/13/09 to Elder & PT.  
SHB 1119 Concerning the management of funds held by nonprofit institutions.       Chapter 436, Laws of 2009.  Effective date 5/11/09.    
SHB 1202 Allowing noninsurance benefits as part of life insurance policies.  Hurst companion SB 5191   Chapter 76, Laws of 2009.  Effective date 7/26/09. Sent 1/19/09. Met Life proposal. PT oppsing this bill and is working with the AGE and the insurance company proponet to see if there is room to resolve the strong concerns raised by the Section. Steve Buckner/Met Life Proposal. Companion 5191.  1/30/09 P& T won't be commenting on this bill per Jeanne.  
1331
(S5343)
Exempting certified public accountants from the restrictions on marketing estate distribution documents for certain purposes. Rodne companion 5343   H, Rules 3C Sent 1/19/09.  2/13/09 Beth McCaw writes:  Jeanne:
 
Our Council thinks that a change proposed by SB 5343 to RCW 19.295.005 may have been in error.  The statute's original language states that it is the intention of the legislature "to prohibit the marketing of services related to the preparation of estate distribution documents by persons who are not authorized to practice law . . . " (see line 17 and 18, page 1; continuing onto top of page 2 of bill).  In line 7 on page two, the bill strikes "services" and inserts the word "documents," and we think that this is inconsistent with the previously stated legislative intent. 
 
If this is not an error, then it seems an oversight to leave "services" in line 18 on page 1 instead of substituting "documents" there, too.  I don't know that we all agree with substituting "documents" for "services."  I think that we would prefer to see "services" remain in the statute, but if Doug Walsh does not object to this change, then we're not going to oppose his law.
 
Please let me know if you have any questions about our comments.
 
HB 1582         SB 5821 Creating a property tax exemption for manufactured/mobile home communities.       Failed to pass    
SHB 1644 Concerning reconveyances of deeds of trust.  Maxwell     Failed to pass.  Will be back in 2010. Sent 1/26/09 to RP, P&T, Creditor/Debtor and Bill Reetz (title co)  
2S1727 Expanding the rights and responsibilities of state registered domestic partners. (DIGEST OF PROPOSED 2ND SUBSTITUTE) Pedersen   Neutral H, Rules R + 1/28/09 sent to BOG, Family, Elder, P&T, RP, Business & Litigation. f
SSB 5191 Allowing noninsurance benefits as part of life insurance policies.  Hobbs companion HB 1202   Failed to pass Sent 1/19/09.  Met Life proposal.  
SB 5226 Prohibiting requests for waivers of rights of residents of long-term care facilities. Kline     Failed to pass Sent 1/16/09 to Elder and PT.  1/20/09 Beth said "no comment"  
SSB 5343 Exempting specified persons from restrictions on marketing estate distribution documents.  Regala 1331 companion   Chapter 113, Laws of 2009.  Effective date 7/26/09. Sent 1/20/09.  2/13/09 Beth McCaw writes:  Jeanne:
 
Our Council thinks that a change proposed by SB 5343 to RCW 19.295.005 may have been in error.  The statute's original language states that it is the intention of the legislature "to prohibit the marketing of services related to the preparation of estate distribution documents by persons who are not authorized to practice law . . . " (see line 17 and 18, page 1; continuing onto top of page 2 of bill).  In line 7 on page two, the bill strikes "services" and inserts the word "documents," and we think that this is inconsistent with the previously stated legislative intent. 
 
If this is not an error, then it seems an oversight to leave "services" in line 18 on page 1 instead of substituting "documents" there, too.  I don't know that we all agree with substituting "documents" for "services."  I think that we would prefer to see "services" remain in the statute, but if Doug Walsh does not object to this change, then we're not going to oppose his law.
 
Please let me know if you have any questions about our comments.
 
SSB 5639 Concerning vulnerable adults.  Hargrove   Concerns Failed to pass.  Sent 1/28/09 to Elder and PT.  2/13/09 Beth writes Jeanne:
 
Our Council has major concerns with the definition of "financial exploitation" in SB 5639, outlined on the attached.  If you have trouble reviewing my imbedded comments, then let me know and I will reformat and resend.  I have tracked changes that we think are acceptable.  Our concern is somewhat amplified because this definition is also picked up by HB 1103 which seeks to amend RCW 11.84, the slayer statute (providing for automatic disinheritance of someone who financially exploits a vulnerable adult).
 
Please let me know if you have any questions about our suggestions.
 
ESSB 5671 Determining the suitability of annuities sold in Washington.  Berkey     Chapter 18, Laws of 2009.  Effective date 7/26/09. Sent 1/28/09 to P&T and Tax. f
E2SSB 5688 Expanding the rights and responsibilities of state registered domestic partners.  Murray   Neutral Chapter 521, Laws of 2009.  Effective date 7/26/09 - Except for sections 5 through 8, 79, 87
through 103, 107, 151, 173 through 175, and 190 through 192, which
become effective 01/01/14; and sections 165 and 166, which become
effective 08/01/09.
1/28/09 sent to BOG, Family, Elder, P&T, RP, Business & Litigation. companion HB 1727. f