2001 Washington State Bar Association Final Legislative Proposals

SHB 1135 An Act Relating to powers of attorney. Originally sponsored by Representatives Lantz, Esser and McDermott.

BAR POSITION: Bar sponsored and supported from the Real Property, Probate & Trust Section.

STATUS: Passed. Signed by Governor 5/2/01.

Modifying power of attorney provisions.

Revises power of attorney provisions.

ESSB 5052 An Act Relating to technical corrections to trust and estate dispute resolution. Originally sponsored by Senators Johnson and Constantine.

BAR POSITION: Bar sponsored and supported from the Real Property, Probate & Trust Section.

STATUS: Passed. Signed by Governor 4/13/01.

Chapter 14, 2001 Laws. Effective date: 7/22/01

Making technical corrections to trust and estate dispute resolution provisions.

Makes technical corrections to trust and estate dispute resolution provisions.

ESB 5053 An Act Relating to technical amendments and corrections to Article 9A of the Uniform Commercial Code and related statutes. Originally sponsored by Senators Constantine and Johnson.

BAR POSITION: Bar sponsored and supported from the Business Law Section.

STATUS: Passed. Signed by Governor 4/16/01.

Making corrections to Article 9A of the Uniform Commercial Code.

Makes corrections to Article 9A of the Uniform Commercial Code. Repeals RCW 60.11.9001.

SB 5054 An Act Relating to the rule against perpetuities. Originally sponsored by Senators Johnson and Constantine.

BAR POSITION: Bar sponsored and supported from the Real Property, Probate & Trust Section.

STATUS: Passed. Signed by Governor 4/18/01.

Modifying the rule against perpetuities.

Revises provisions relating to the rule against perpetuities.

SSB 5187 An Act Relating to updating creditor/debtor personal property exemptions. Originally sponsored by Senators Johnson, Kline and Constantine.

BAR POSITION: Bar sponsored and supported from the Creditor/Debtor Section.

STATUS: Governor vetoed.

Updating creditor/debtor personal property exemptions.

Amends RCW 6.15.010, 6.15.050, and 6.27.160 to update creditor/debtor personal property exemptions.

VETO MESSAGE ON SB 5187-S

May 11, 2001

To the Honorable President and Members, The Senate of the State of Washington

Ladies and Gentlemen:

I am returning herewith, without my approval, Substitute Senate Bill No. 5187 entitled:

"AN ACT Relating to updating creditor/debtor personal property exemptions;"

Substitute Senate Bill No. 5187 would have increased and expanded the exemptions from execution, attachment or garnishment for certain household goods, vehicles, and certain other assets. I agree with the underlying theory that prompted this bill. However, because this bill lacks an exemption for the Department of Social and Health Services (DSHS) for the collection of court-ordered child support payments, it is not good public policy. The primary financial responsibility of debtors should be that of their dependent children.

This legislation would have prevented DSHS from taking collection action against certain liquid assets of a child support debtor, with no consideration of the needs of dependent children who do not reside with the debtor. The result would have been a net loss of support available for children and custodial parents.

DSHS provided the appropriate legislative committees with language that would have corrected the defects of this bill. If this bill is passed in the next legislative session with the corrective language, I will be glad to sign it.

For these reasons I have vetoed Substitute Senate Bill No. 5187 in its entirety.

Respectfully submitted, Gary Locke, Governor