| 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? |
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| 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. |
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| 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. | |||||
| 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) | ||||||
| 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. | |||||
| 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. |
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| 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. |
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| 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 | ||||