2015 CBA LEGISLATIVE AGENDA May 2015

Transcription

1 2015 CBA LEGISLATIVE AGENDA May 2015 The Connecticut Bar Association has authorized Association positions on the following issues for the regular legislative session of the Connecticut General Assembly: Tax on Legal Services. The CBA, on behalf of the Executive Committee, opposes the imposition of any tax on legal services. Approved by the Board of Governors, April 27, 2015; expires end of 2015 Legislative session. Cy Pres Provision. The CBA, on behalf of the Pro Bono Committee, supports a proposal to the Rules Committee of the Superior Court to add a Cy Pres provision to the Connecticut Practice Book, Section 9-9(g). Approved by the House of Delegates, March 10, 2014; expires March 10, (Approved by judges of the Superior Court ) Discovery Requests. The CBA, on behalf of the Consumer Law Section, Commercial Law & Bankruptcy Section and the Litigation Section, opposes legislation which requires a party requesting a deposition subpoena for a (nonparty) state resident to reimburse the witness for all reasonable costs incurred in complying with the subpoena, including attorney s fees. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Office of Administrative Hearings. The CBA, on behalf of the Administrative Law Section, supports a legislative proposal that would adopt an independent office of administrative hearings. Approved by the House of Delegates, October 15, 2013; expires end of 2016 Legislative session. Allowing Insurance Producers to Sell Title Insurance. The CBA, on behalf of the Real Property Law Section, opposes allowing non-attorneys to sell title insurance. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. Revised Uniform Arbitration Act. The CBA, on behalf of the Alternative Dispute Resolution Section and the Litigation Section supports the Revised Uniform Arbitration Act as promulgated by the National Conference of Commissioners on Uniform State Laws, now called the Uniform Law Commission. Approved by the House of Delegates, October 15, 2013; expires end of 2016 Legislative session. April 30, 2015

2 A CBA Section has an authorized position on the following issues during the regular legislative session of the Connecticut General Assembly: Alternative Dispute Resolution Section: Prohibiting Mandatory Alternative Dispute Resolution Clauses. The Alternative Dispute Resolution and the Construction Law Sections oppose legislation concerning "An Act Prohibiting Mandatory Alternative Dispute Resolution Clauses in Home Improvement and New Home Construction Contracts. Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session. Animal Law Section: Accelerated Rehab. The Animal Law Section supports SB1128, AAC the Use of Accelerated Rehabilitation in the Case of Animal Abuse, which would prevent persons charged with committing animal abuse from using accelerated rehabilitation. Approved by the Executive Committee, April 3, 2015; expires April 3, Dissection Choice. The Animal Law Section supports legislation to allow students to be excused from participating in or observing animal dissections in the classroom. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. (PA13-273) Court Advocate. The Animal Law Section supports legislation to establish a process for appointing a court volunteer to investigate and advocate for an animal that is the subject of a civil or criminal court proceeding. Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session Reporting Animal Abuse. The Animal Law Section supports legislation requiring social workers and health care providers to report animal abuse. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. Lab Research Adoption. The Animal Law Section supports legislation to require state and private colleges and universities that use cats or dogs in laboratory research or testing to offer such cats or dogs for adoption by animal rescue organizations after such testing and to establish standards for the provision of proper shelter to dogs. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Animal Cruelty Penalties. The Animal Law Section supports legislation to adopt the same penalties for malicious and intentional animal cruelty as the state of Massachusetts. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. April 30,

3 Business Law Section: Benefit Corporations. The Business Law Section supports adoption of a benefit corporation bill in Connecticut based upon the Model Benefit Corporation Act. The major characteristics of a benefit corporation are: (1) to have a corporate purpose to create a material positive impact on society and the environment in addition to making a profit; (2) that the duties of directors are consideration of nonfinancial stakeholders as well as the financial interests of shareholders; and (3) to report on its overall social and environmental performance using an independent third-party standard. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. (PA14-217) Amendments to the Connecticut Business Corporation Act. The Business Law Section supports legislation amending the Connecticut Business Corporation Act (the CBCA ) to incorporate recent changes in the Model Business Corporation Act (the MBCA ) which will bring the existing provisions of the CBCA regarding the indemnification of officers, employees and agents, the duration of voting trusts and shareholder agreements, and the qualifications of directors into conformity with the comparable MBCA provisions. These amendments are designed to keep the CBCA generally consistent with the MBCA as it is updated. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Reinstatement Provision Amendments to the CULPA and the CLLCA. The Business Law Section supports amending the Connecticut Uniform Limited Partnership Act (the "CULPA") and the Connecticut Limited Liability Company Act (the "CLLCA") to conform the reinstatement provisions of those acts with the reinstatement provisions of the Connecticut Business Corporation Act (the CBCA ) and the Connecticut Revised Non-stock Corporation Act ( CRNCA ). Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session Amendments to the Connecticut Business Corporation Act. The Business Law Section supports amending the CBCA to integrate recent change in the MBCA regarding requirements for advance of expenses to a director of a corporation. Approved by the House of Delegates, December 15, 2014; expires end of 2017 Legislative session. Series LLC. The Business Law Section supports the establishment of Series LLCs in CT with acceptable language at the appropriate time. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. April 30,

4 Business Commission. The Business Law Section supports House Bill No. 5513, An Act Concerning the Modernization of Connecticut Corporation Law which would create a business commission and proposes a separate business docket. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. (PA14-89) Non-Compete Agreements. The Business Law Section opposes legislation that would attempt to codify or change the Connecticut common law restrictions on an employer s use of non-compete agreements or covenants. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Child Welfare and Juvenile Law Section: Human Trafficking. The Child Welfare and Juvenile Law and the Human Rights and Responsibilities Sections support any legislation that concerns the reduction of sexual exploitation and human trafficking in Connecticut. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. (PA13-166) Family Court Proceedings. The Child Welfare and Juvenile Law Section opposes HB5505 which is not child focused and will increase frivolous litigation. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Commercial Law and Bankruptcy Section & the Commercial Finance Section: The Uniform Certificate of Title for Vessels Act. The Commercial Law and Bankruptcy Section and Commercial Finance Committee support adoption of the Uniform Certificate Of Title For Vessels Act drafted and approved by the National Conference of Commissioners on Uniform State Laws which, among other things, would conform Connecticut laws and practice to that in the majority of the other states in the United States by providing for a certificate of title requirement for vessels in Connecticut and would remove a perceived disincentive for the industry and for financiers of vessels in Connecticut. Approved by the House of Delegates, October 15, 2012; expires end of 2015 Legislative session. (PA14-63) 2012 Amendments to Article 4A (Funds Transfers) of the Uniform Commercial Code ( UCC ). The Commercial Law and Bankruptcy Section and Commercial Finance Committee support adopting the 2012 Amendments to Article 4A (Funds Transfers) of the Uniform Commercial Code ( UCC ) drafted and approved by the National Conference of Commissioners on Uniform State Laws and the American Law Institute which would clarify the interaction of UCC Article 4A and the federal Electronic Funds Transfer Act of The adoption of these amendments in Connecticut will correct a problem in the existing statute exacerbated by recent changes in the federal Dodd-Frank legislation and, when April 30,

5 adopted, will make its laws and practice generally conform to that of other states. Approved by the House of Delegates, October 15, 2012; expires end of 2015 Legislative session. Commercial Law and Bankruptcy Section & the Consumer Law Section Foreclosure Mediation. The Commercial Law & Bankruptcy Section and the Consumer Law Section supports the four year extension of the Foreclosure Mediation Program as proposed in the legislature (SB490, HB5483). Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. (PA14-89) Commercial Law and Bankruptcy Section Practice Book The Commercial Law & Bankruptcy Section supports recommending to the Rules Committee of the Superior Court to amend Practice Book to move the descriptive language on presentation of an affidavit in support of a request for judgment by a credit card plaintiff from the 2011 commentary into the section itself. Approved by the House of Delegates, March 10, 2014; expires March 10, (Approved by judges of the Superior Court ) Consumer Law Section: Foreclosure Mediation Sunset Elimination. The Consumer Law Section supports the elimination of the sunset provision of the Foreclosure Mediation Program as proposed in HB6762 and raised in the Housing Committee, and HB6782 which has been proposed by the Judicial branch and raised in the Judiciary Committee. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Construction Law Section: Prohibiting Mandatory Alternative Dispute Resolution Clauses. The Construction Law and the Alternative Dispute Resolution Sections oppose legislation concerning "An Act Prohibiting Mandatory Alternative Dispute Resolution Clauses in Home Improvement and New Home Construction Contracts. Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session. Pass Through Claims. The Construction Law Section supports legislation amending C.G.S to allow general contractors to include subcontractor passthrough claims in a claim against the state arising out of a highway or public works contract without requiring the contractor to first admit liability for the subcontractor s claim. Approved by the House of Delegates, October 15, 2013; expires end of 2016 Legislative session. April 30,

6 False Claims Act. The Construction Law Section opposes the establishment of a state False Claims Act which could potentially be misused. It would impose significant civil and criminal penalties; is an incorrect remedy for problems associated with the state contract bidding process; and would likely reduce business with the state and revenue. The Section is not opposed to legislation that would include penalties resulting from willful or intentional fraudulent conduct. Approved by the House of Delegates, October 15, 2013; expires end of 2016 Legislative session. State Contracts Enforcement. The Construction Law Section supports legislation which would authorize and allow the enforcement of state construction contracts signed by the State s authorized representatives. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Time limit to Initiate Claims. The Construction Law Section supports legislation which would limit the time within which the State can initiate claims arising from highway and other public work projects. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Criminal Justice: Lengthy Sentences for Crimes Committed by a Child. The Criminal Justice Section supports Senate Bill 796, An Act Concerning Lengthy Sentences for Crimes Committed by a Child or Youth and the Sentencing of a Child or Youth Convicted of Certain Felony Offenses," and House Bill 6926, An Act Concerning Lengthy Sentences for Crimes Committed by a Child or Youth. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Disability Law Section: Disability Law Certification. The CBA's Disability Law Section opposes a board certification proposal before the Rules Committee of the Superior Court for Social Security Disability attorneys as it will add nothing to the quality of counsel, and its honest, dedicated service to the public and the Social Security Administration. Approved by the House of Delegates, October 15, 2013; expires October 15, Elder Law Section: ABLE. The Elder Law Section supports the federal Achieving a Better Life Experience Act that went into effect on January 1, 2015 and enables individuals who became disabled before they turned 26 years old to set aside up to $14,000 per year in a savings account without affecting eligibility for public benefit programs like Medicaid and Supplemental Security Income (SSI). Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. April 30,

7 Community Spouse Protected Amount. The Elder Law Section supports legislation and/or administrative and regulatory advocacy that would increase the minimum Community Spouse Protected Amount to the maximum Community Spouse Protected Amount in the Medicaid long-term care coverage group for married couples. Approved by the House of Delegates, September 22, 2014; expires end of 2017 session. Increasing Home and Community Based Services. The Elder Law Section supports legislation that would increase the availability of home and community based services for the elderly and individuals under age sixty-five, including but not limited to, increasing the number of persons served in various Medicaid waiver programs and/or increasing the availability of services under the Money Follows the Person Program. Approved by the House of Delegates, September 22, 2014; expires end of 2017 session. Applied Income. The Elder Law Section opposes legislation that would add additional grounds for allowing nursing home facilities to transfer or discharge patients, including but not limited to residents who fail to pay applied income to the facility for more than sixty days. Approved by the House of Delegates, January 13, 2014; expires end of 2016 Legislative session. Life Uses. The Elder Law Section opposes an expansion of the state s right of recovery for medical assistance benefits paid to include claims against life uses. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Transfer of Assets. The Elder Law Section opposes and seeks changes to proposed regulations effecting patient transfer of assets and nursing home eligibility qualifications issued by the Department of Social Services intending to implement provisions of the 2006 Federal Deficit Reduction Act (DRA). Approved by the House of Delegates, October 15, 2013; expires end of the 2016 Legislative session. Life Use Estates Regulations. The Elder Law Section opposes the CT Department of Social Services (DSS) proposed regulations to amend UPM Section , which would change the calculation of interest on life use estates. This proposed regulation would greatly overstate the value of a life use. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Personal Needs Allowance. The Elder Law Section supports an increase in the personal needs allowance for nursing home residents on Medicaid. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. April 30,

8 Eliminating the Commission on Aging. The Elder Law Section and the Diversity Committee oppose the elimination of the Commission on Aging. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. Elder Law and Estates & Probate Section Medical Orders for Life-Sustaining Treatment. The Elder Law and the Estates & Probate Sections support legislation that would create a pilot program to implement the use of medical orders for life-sustaining treatment (MOLST). Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session. (SA14-5) Uniform Power of Attorney. The Elder Law Section and the Estates & Probate Sections support legislation that would adopt the Uniform Power of Attorney Act with modifications. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. Elder Exploitation. The Estates & Probate Section and the Elder Law Section oppose SB1005 which is theoretically intended to prevent elder abuse and exploitation but is so broadly drafted as to create significant adverse unintended consequences for the families of elderly citizens. Elderly being defined as anyone 60+. Approved by the Executive Committee, April 7, 2015; expires April 7, Estates and Probates Section: Uniform Fiduciary Access to Digital Assets Act. The Estates & Probate Section supports the "Uniform Fiduciary Access to Digital Assets Act" that ensures account-holders retain control of their digital property and plan for its ultimate disposition after their death. Approved by the House of Delegates, December 15, 2014; expires end of 2017 Legislative session. Uniform Recognition of Substitute Decision-Making Documents Act. The Estates & Probate Section supports the Uniform Recognition of Substitute Decision-Making Documents Act which is a joint endeavor of the Uniform Law Commission and the Uniform Law Conference of Canada undertaken to promote the portability and usefulness of substitute decision-making documents for property, health care, and personal care whether the documents are created within or outside of the jurisdiction where a substitute decision is needed. Approved by the House of Delegates, December 15, 2014; expires end of 2017 Legislative session. Tax Relief for Certain Real Property Held in Trust. The Estates and Probate Section supports House Bill 5140, AAC Property Tax Relief on Certain Real Property Held in Trust which would provide property tax relief to certain residents whose property is held in trust on their behalf. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. (PA14-124) April 30,

9 Estate Taxes. The Estates & Probate Section supports legislation to make limited changes to the current Connecticut estate tax law, specifically the taxation of CT gift taxes paid within 3 years of death. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. (PA14-155) Access to Death Certificates. The Estates & Probate Section opposes legislation concerning AAC Access to Death Certificates as drafted. This bill would restrict access to certain information on death certificates. Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session. Environmental Law and Planning & Zoning Sections: Land Use Appeals Hearings. The Environmental Law Section supports Section two of SB1033, An Act Concerning Court Operations. Section two of this bill proposed by the Judicial Branch authorizes judges of the Superior Court hearing land use appeals under Conn. Gen. Stat. 8-8(l) to remand cases back to the agency where the agency has failed to consider an issue, believing it is a tool necessary to the efficient administration of justice in such circumstances. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Family Law Section: Alimony Statutes. The Family Law Section supports legislation concerning "An Act Concerning the Recommendation of the Law Revision Commission with Respect to the Alimony Statutes" (however, the section opposes Section 4 (b)(1) of the 2014 bill). Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. Alimony Study Group. The Family Law Section opposes legislation to create another alimony revision study group. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. Supervised Visitation. The Family Law Section opposes legislation to prohibit a judge in family court from ordering supervised visitation unless there has been a prior finding of abuse or neglect in Juvenile Court. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Teacher Pension Retention. The Family Law Section supports legislation concerning An Act Concerning Retention of the Co-participant Option under the Teachers' Retirement System after Divorce. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. April 30,

10 Family Court Proceedings. The Family Law Section (FLS) opposes legislation: that would remove tort immunity from all counsel and from AMCs and GALs involved in civil and family matters and abolish immunity or qualified immunity as a defense; that would allow each parent to choose his or her own evaluator in contravention of the standard practice (the recommended procedure) of having one evaluator see each parent and each parent s interaction with the child. If each parent chose their own evaluator, any such evaluation would be essentially worthless; prohibiting a GAL from testifying as to a minor child s medical diagnosis or a medical conclusion regarding the child made by a health care professional treating such child. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Family Court and GALs. The Family Law Section supports concepts raised in the Final Report of the Task Force to Study Legal Disputes Involving the Care and Custody of Minor Children, including that the court should define the scope and duties of the GAL appointment, that parents should have standing to ask for removal of a GAL or AMC for good cause, and that at the time of appointment the court should make an order regarding the GAL or AMC retainer amount, its means of payment, and upon exhaustion of retainer the court should make subsequent orders concerning payment. SB494. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. (PA14-3) DPH and Family Court. The Family Law Section opposes HB6267 and any legislation that seeks to establish a task force to study the Department of Public Health s involvement in the family court system. Oversight of the Judicial Branch by an administrative agency violates the separation of powers of the Connecticut Constitution. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Parental Alienation. The Family Law Section opposes legislation that would require the court to consider evidence of parental alienation in any matter involving the care and custody of a minor child. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. (SA13-24) Relocation. The Family Law Section supports legislation that would amend CGS 46b-56d to add the Court may not consider whether the person seeking relocation of the child has declared that he/she will not relocate if relocation of the child is denied. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. April 30,

11 Human Rights & Responsibilities Section: Death Penalty. The Human Rights and Responsibilities Section supports the abolition of the death penalty in Connecticut for those presently awaiting execution and those who are presently charged or in the future may be charged with capital felonies; and to support a maximum penalty for capital felonies in all cases to be life imprisonment or confinement without the possibility of release. Approved by the Executive Committee, April 3, 2015; expires April 3, Human Rights & Responsibilities and LGBT Sections: Gender Reassignment Insurance. The LGBT Law Section and the Human Rights & Responsibilities Section oppose HB5193, An Act Concerning Health Insurance Coverage for Gender Reassignment Surgery, because there is no requirement that insurance companies pay for the gender reassignment surgery. Further, it seeks to discriminate against people with gender identity disorder with no rational basis or purpose. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Human Rights & Responsibilities and Child Welfare and Juvenile Law Sections: Human Trafficking. The Human Rights & Responsibilities and the Child Welfare and Juvenile Law Sections support any legislation that concerns the reduction of sexual exploitation and human trafficking in Connecticut. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. (PA13-166) Human Rights and Responsibilities Section and Elder Law Section: Aid in Dying. The Human Rights and Responsibilities (HRR) Section and the Elder Law Section oppose legislation concerning AAC Compassionate Aid in Dying for Terminally Ill Patients unless additional safe guards are added, which would be that: 1. Care givers and heirs cannot be witness to the request by the patient; 2. Two independent physicians must sign off on the terminal nature of the illness; 3. Nothing in this Act shall limit the jurisdiction or authority of the Office of Protection and Advocacy for People with Disabilities to exercise its statutory powers; 4. The two independent physicians referenced in #2 above must advise the patient of the availability of counseling with a psychologist, psychiatrist or licensed clinical social worker. As written, this bill would allow a physician to prescribe medication at the request of a mentally competent patient who has a terminal illness that such patient may self-administer to bring about his or her death. Approval amended by the House of Delegates, December 15, 2014; expires end of 2016 Legislative session. April 30,

12 Immigration Law Section: Validity of marriage. The Immigration Law Section supports legislation that ensures the validity of a marriage entered into by persons previously divorced in another state or country. The intent is to fix the Litvaitis problem. Approved by the Executive Committee, April 3, 2015; expires April 3, Detainers. The Immigration Law Section supports legislation that would restore trust between police and communities by not requiring enforcement of civil immigration detainers, prevent notification to United States Immigration and Customs Enforcement of the custody status or release of any person subject to such detainer and to increase procedural protections for such persons. Approved by the Executive Committee April 7, 2015; expires April 7, Probate Court Subsidy. The Immigration Law Section opposes a provision in the Governor s proposed budget, which would eliminate a subsidy to help cover the cost of probate court expenses, thereby eliminating a subsidy that helps pay for costs in the probate courts, and impacting immigrant children applying for Special Immigrant Juvenile status. Approved by the Executive Committee, April 3, 2015; expires April 3, Insurance Law Section: Declining Motorist Insurance. The Insurance Law Section opposes legislation which contains provisions which would allow policyholders to decline uninsured or underinsured motorist coverage. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Law Librarians Section: Elimination of Librarian Programs. The Law Librarians Section opposes certain provisions of SB942, An Act Implementing the Budget Recommendations of the Governor Concerning Education, which would eliminate the Connecticard Program, Grants to Public Libraries, and removes support for the Connecticut Library Consortium. Approved by the Executive Committee, April 3, 2015; expires April 3, Uniform Electronic Legal Material Act. The Law Librarians Section supports legislation which would adopt the Uniform Electronic Legal Material Act (UELMA) in Connecticut. UELMA would assure that published online electronic versions of primary source state legal materials are designated official. Approved by the House of Delegates, October 15, 2012; expires end of 2015 Legislative session. (PA13-17) April 30,

13 Litigation Section: Small Claims. The Litigation Section opposes proposed HB6924, which would increase the jurisdictional limit of the small claims court from $5,000 to $10,000 and create a two-tiered entry fee based on the size of the claim. Approved by the Executive Committee, April 3, 2015; expires April 3, Summary Judgment. The Litigation Section opposes the Summary Judgment changes which have been proposed by the Civil Commission s Workgroup on Civil Rules and Statutes. Approved by the House of Delegates, March 10, 2014; expires March 10, Pretrial Litigation Specialist. The Litigation Section opposes the proposal in the Rules Committee of the Superior Court by the National Board of Legal Specialty Certification to add Pretrial Litigation Specialist as a recognized field of specialization and allow it to be certified. Approved by the House of Delegates, October 15, 2013; expires October 15, Planning and Zoning Section: Non-conforming structures. The Planning and Zoning Law Section supports expanding the existing enforcement protection against certain non-conforming structures which have existed for more than three years without enforcement action being instituted to also include certain non-conforming structures. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. (PA13-9) Planning & Zoning and Environmental Law Sections: Land Use Appeals Hearings. The Environmental Law Section supports Section two of SB1033, An Act Concerning Court Operations. Section two of this bill proposed by the Judicial Branch authorizes judges of the Superior Court hearing land use appeals under Conn. Gen. Stat. 8-8(l) to remand cases back to the agency where the agency has failed to consider an issue, believing it is a tool necessary to the efficient administration of justice in such circumstances. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Professional Discipline Section: Actions subject to sanctions, PB Section The Professional Discipline Section supports the new Practice Book Section 1-25 concerning actions subject to sanctions with modifications as (b) The judicial authority, after a hearing, may impose sanctions for serious and/or repeated misconduct including, but not limited to, fines pursuant to General Statutes 51-84; orders requiring the offending party to pay costs and expenses, including attorney s fees; and orders restricting the filing of papers with the court. Approved by the House of April 30,

14 Delegates, June 16, 2014; expires June 16, (Approved by judges of the Superior Court ) Real Property Section: Mechanic Liens Timeframe. The Real Property Section opposes legislation that would increase, from ninety days to ninety business days, the period in which a prospective mechanic s lienor has to file a mechanic s lien after work has ceased on the property in question. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Mechanics Lien on services rendered. The Real Property Section opposes legislation that would expand the Mechanics Lien statute to allow any person, whether an independent contractor or an employee to avail themselves of the ability to place a lien pursuant to the mechanic s lien statute on an employer s property, for any... service rendered to an owner of land. Approved by the Executive Committee, April 7, 2015; expires April 7, Super-Priority Lien. The Real Property Section opposes legislation that would enable the Labor Commissioner or an employee to place a super-priority lien on any personal or real property in which an employer has an interest to enforce payment of wages to such employee under Chapter 558. Approved by the Executive Committee, April 3, 2015; expires April 3, Adverse Possession. The Real Property Section opposes legislation that would eliminate the possibility of adversely possession property when the owner pays the property taxes on the land in question. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Standardized Contract Form. The Real Property Section opposes SB756 and legislation regarding An Act Requiring a State-Wide Standardized Contract Form for the Sale of Residential Real Property. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Internal Revenue Code The Real Property Section opposes federal legislative efforts to (i) repeal section 1031 of the Internal Revenue Code, and (ii) limit the amount of capital gains which can be deferred in a section 1031 tax deferred exchange. Approved by the Executive Committee, June 13, 2014; expires June 13, April 30,

15 Good Funds. The Real Property Section supports legislation to require lenders to deliver good funds for real estate closings no later than the day scheduled for such real estate closings, which would be a reinstatement of 36a-758a, which was repealed in 2007 Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Uniform Partition of Heirs Property Act. The Real Property Section supports legislation to enact the Uniform Partition of Heirs Property Act which preserves the right of a co-tenant to sell his/her interest in inherited real estate while ensuring that the other co-tenants will have the necessary due process to prevent a forced sale. Approved by the House of Delegates, March 10, 2014; expires end of 2016 Legislative session. Private Rights of Way. The Real Property Law Section supports establishing requirements for maintenance and cost sharing of maintenance of private rights of way in Connecticut to meet the requirement in the Fannie Mae (FNMA) Selling Guide. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. (PA14-67) Carbon Monoxide and Smoke Detectors. The Real Property Law Section supports Senate Bill 427, An Act Concerning Smoke and Carbon Monoxide Detectors in Certain Residential Buildings at the Time the Title is Transferred which amends PA by making some technical changes regarding certification. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. (PA14-219) Commercial Disclosure Forms. The Real Property Law Section opposes legislation concerning An Act Concerning Commercial Real Estate Condition Reports which would mandate a form similar to that in residential property. Approved by the House of Delegates, June 16, 2014; expires end of 2016 Legislative session. Eliminating Witnesses Requirement to a Conveyance of Land. The Real Property Law Section opposes legislation which would eliminate the requirement that there be two witnesses to a conveyance of land. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. Timely Recording of Land Conveyance. The Real Property Section opposes legislation concerning AAC a Property Owner s Failure to Record a Conveyance of Real Estate on the Land Records which would ensure that conveyances of land are recorded on town land records within 30 days or face penalty. Approved by the House of Delegates, June 17, 2013; expires end of 2015 Legislative session. April 30,

16 Repealing Section of the Connecticut General Statues. The Real Property Law Section opposes legislation which would repeal Section 49-17, which is a codification of the long-established common-law precept that the security follows the debt. Under that rule, the owner of a debt has the right to enforce any mortgage that may secure that debt, even if the mortgage has not yet been assigned to it. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. Requiring All Assignments to be recorded. The Real Property Law Section opposes legislation which would require a mortgage debt assignment to be recorded in the records of the town where the property that is the subject of the mortgage is located and penalizes those who fail to do so in a timely fashion. Approved by the House of Delegates, January 14, 2013; expires end of 2015 Legislative session. Veterans and Military Affairs Section: Uniform Military and Overseas Voters Act. The Veterans' and Military Affairs Committee supports the Uniform Military and Overseas Voters Act ( UMOVA ) ensuring that military members and their families, serving away from their place of residence at the time of elections, are provided the infrastructure necessary to cast absentee ballots in a timely and meaningful manner. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. Office of Military Affairs. The Veterans and Military Affairs Section supports HB6833, AAC the Qualifications and Duties of the Executive Director of the Office of Military Affairs only with recommended changes. As worded, the bill will exclude from consideration candidates well-qualified for the described position and opposes any arbitrary hurdles for veterans seeking meaningful professional employment. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Digitization of Military Records. The Veterans and Military Affairs Section opposes SB1016, 'An Act Concerning the Digitization of Military Records', requiring the State Librarian and the Military Department to establish a searchable online database containing the military records of Connecticut veterans. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Study of Hardships. The Veterans and Military Affairs Section supports legislation to study the hardships prevalent among veterans in Connecticut but that such hardship study and employment assessments be inclusive of all ranks and experience levels. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. April 30,

17 Firearm Training. The Veterans and Military Affairs Section supports HB5641, 'An Act Waiving Firearm Training Course Requirements For Certain Veterans', to allow for waiver of certain gun safety courses for veterans with the caveat that it apply only to veterans who can establish relevant firearms training within 5 years of discharge from armed services, or service in an MOS or rating which regularly required the use and proficiency in firearms. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. Veterans Docket. The Veterans and Military Affairs Section opposes SB1015, "An Act Expanding Programs For Veterans In The Judicial Department" which would require a separate veterans' docket be established in each judicial district and to require the Court Support Services Division to report on participation and eligibility for certain pretrial diversion programs. Approved by the House of Delegates, March 23, 2015; expires end of 2017 Legislative session. A CBA committee has an authorized position on the following issues during the regular legislative session of the Connecticut General Assembly: Diversity Committee: Eliminating the Commission on Aging. The Diversity Committee and the Elder Law Section oppose the elimination of the Commission on Aging. Approved by the House of Delegates, March 11, 2013; expires end of 2015 Legislative session. Standing Committee on Professional Ethics: Proposed Rule Changes. The CBA s Standing Committee on Professional Ethics supports the following changes to the Rules Committee of the Superior Court: To amend Practice Book 1.15 (f) to address two recurring problems a.) Unwarranted Obstruction of Disbursements and b.) Unsubstantiated Claims. Approved by the Executive Committee, January 30, 2015; expires January 30, To amend each paragraph of the Official Commentary so that each of the Rules of Professional Conduct is separately numbered. Approved by the Executive Committee, January 30, 2015; expires January 30, To amend so that subsections of Rules 3.4, 3.8, 4.1, 5.3, 5.6, 6.2, 6.3, 8.1 and 8.4 may be designated with letters (e.g. (a), (b), (c)) rather than numbers, with corresponding changes to the Official Commentary of the Practice Book Rules as necessary. Approved by the Executive Committee, January 30, 2015; expires January 30, April 30,

18 The CBA s Standing Committee on Professional Ethics supports the following changes to the Rules Committee of the Superior Court: To change the Rules of Professional Conduct as recommended by the ABA's 20/20 commission (1.18, 5.5, 7.1, 7.2 and 7.3 re Technology and Client Development; and 8.5 re Conflicts of Law). Approved by the House of Delegates, January 13, 2014; expires January 13, (Approved by judges of the Superior Court ) To amend the Rules of Professional Conduct so as to provide some clarity regarding attorneys providing legal services to clients pursuant to Connecticut's Medical Marijuana Act (PA12-55). Approved by the House of Delegates, January 13, 2014; expires January 13, (Approved by judges of the Superior Court ) To amend Rules 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer) and 5.3 (Responsibilities Regarding Nonlawyer Assistance) of the Connecticut Rules of Professional Conduct (RPC) in accordance with the ABA's Commission on Ethics 20/20 suggested amendments on the subject of outsourcing. Approved by the House of Delegates, March 10, 2014; expires March 10, (Approved by judges of the Superior Court ) To amend Rule 1.12 (Former Judge, Arbitrator, Mediator, or Other Third- Party Neutral) to provide that the provisions of subsection (a) will be triggered only where the former judge's participation in a matter was "substantial" as well "personal." The proposed amendment also includes a corresponding addition to the Commentary. The proposed amendment of the Rule and the Commentary would make both consistent with the ABA Model Rule. Approved by the House of Delegates, March 10, 2014; expires March 10, (Approved by judges of the Superior Court ) *** Although there are a number of authorized positions that have become public acts either through the Legislature or through Practice Book rule changes approved at the annual judges meeting (note parenthesized), the positions remain on this Legislative agenda until the authorization expires. April 30,