What’s New? 2018 Legislative Overview, 18 VTBJ, Summer 2018-#26

• Author: Teri Corsones, Esq.
• Position: Vol. 44 2 Pg. 26

What’s New? 2018 Legislative Overview

Vol. 44 No. 2 Pg. 26

Vermont Bar Journal

Summer, 2018

Teri Corsones, Esq.

The VBA followed a number of bills affecting the bar and the courts this legislative session. Below is a brief summary of those that have been enacted to date; please note that a number of them have July 1, 2018 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 Communities where information about the bill was posted during the legislative session. The postings are searchable and can be reviewed at http://vbaconnect.vtbar.org. A link to each bill is included with each summary.

H. 300 (Act 117) “Notice of Tax Sale” bill (an act relating to the statute of limitations for recovery and possession of property actions against the grantee of a tax collector’s deed); signed by Governor Scott on May 2, 2018; effective on July 1, 2018. (VBA Connect Municipal Law Community and Rea Property Law Community)

https://legislature.vermont.gov/assets/ Documents/2018/Docs/ACTS/ACT117/ ACT117%20As%20Enacted.pdf • Period during which a tax sale can be challenged as a fraudulent conveyance reduced from four years to two years; runs concurrently with Federal Bankruptcy Code provision regarding fraudulent conveyances

• The statute of limitations for challenging a tax sale is reduced from three years to one year after tax collector’s deed delivered to successful bidder

• Service requirements generally modified; if certified mail process fails, first class mail or option for personal service

H. 526 (Act 160) “Notary Public” bill (an act related to regulating notary publics); signed by Governor Scott on May 22, 2018, effective on July 1, 2019 (except commission requirements take effect on December 1, 2018, and exam and education requirements take effect on Feb. 1, 2021) (VBA Connect Real Property Community) https://legislature.vermont.gov/assets/ Documents/2018/Docs/ACTS/ACT160/ ACT160%20As%20Enacted.pdf • Secretary of State will have notary public commissioning authority beginning with the February 10, 2019 term; applications will be on-line

• Two-year term instead of four; $15 application fee each term

• Attorneys are exempt from new exam and education requirements that commence with February 2021 term

• Codifies content of notary acknowledgments...