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S1082................................................by JUDICIARY AND RULES FIDUCIARY DUTIES - TRUSTEE - Adds to existing law to establish a fiduciary duty for both personal representatives in estates and for trustees in trusts to select assets which are fairly representative of appreciation and depreciation whenever an in-kind distribution is made in satisfaction of either a pecuniary devise in an estate or a transfer in a trust. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/11 Rpt out - rec d/p - to 2nd rdg 02/12 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Branch Floor Sponsor - Risch Title apvd - to House 02/19 House intro - 1st rdg - to Jud 03/18 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg Rules susp - PASSED - 58-0-12 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Callister, Campbell, Clark, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley, McKague, Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer, Sellman, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Barrett, Bruneel, Chase, Deal, Judd, Linford, Mortensen, Robison, Smith, Tilman, Trail, Williams Floor Sponsor - Hammond Title apvd - to Senate 03/22 To enrol - rpt enrol - Pres signed - Sp signed 03/23 To Governor 03/24 Governor signed Session Law Chapter 306 Effective: 07/01/99
S1082|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1082 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION IN 3 KIND; AMENDING PART 1, CHAPTER 1, TITLE 15, IDAHO CODE, BY THE ADDITION OF 4 A NEW SECTION 15-1-109, IDAHO CODE, TO PROVIDE PROCEDURES FOR SATISFACTION 5 OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION IN KIND AND TO PROVIDE 6 FOR A STATEMENT OF THE FIDUCIARY PRINCIPLES APPLICABLE TO FIDUCIARIES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Part 1, Chapter 1, Title 15, Idaho Code, be, and the same 9 is hereby amended by the addition thereto of a NEW SECTION , to be 10 known and designated as Section 15-1-109, Idaho Code, and to read as follows: 11 15-1-109. SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION 12 IN KIND. (1) Whenever a personal representative or a trustee satisfies a pecu- 13 niary devise or transfer in trust by a distribution in kind with assets at 14 their value for federal estate tax purposes, such fiduciary, in order to 15 implement such a devise or transfer in trust, must, unless the governing 16 instrument provides otherwise, distribute assets, including cash, fairly rep- 17 resentative of appreciation or depreciation in all of the property so avail- 18 able for distribution in satisfaction of such pecuniary devise or transfer. 19 (b) Subsection (1) of this section is not intended to imply that the 20 present law of this state, relating to selection of assets by fiduciaries in 21 the circumstances herein described, has been otherwise than as set forth 22 herein, but is a statement of the fiduciary principles applicable to such 23 fiduciaries.
STATEMENT OF PURPOSE RS 08785 This bill establishes a fiduciary duty (for both personal representatives in estates and for trustees in trust) to select assets which "fairly representative of appreciation or depreciation" whenever an "in-kind" distribution is made in satisfaction of either a pecuniary devise in an estate or a transfer in a trust. this bill is, in part, a response to Rev.Proc. 64-19, which requires "fairly representative" types of language to qualify for a marital deduction which is calculated as of the date of death. However, this bill is also broad enough to cure an inadvertent omission o language which is required by Rev.Proc. 64-19 in other circumstances. for example, in satisfying a pecuniary devise at estate tax values to which the Generation Skipping Tax exemption to be allocated, the fiduciary must also distribute assets fairly representative of the appreciation and depreciation of all property available for the distribution; otherwise, it is not certain a zero inclusion ratio can be obtained as to the pecuniary devise. FISCAL NOTE This bill should have no effect on revenues or expenditures. CONTACT: Robert L. Aldrich 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: 208-336-9880 FAX: 208-336-9882 e-mail: roberta@micron.net STATEMENT OF PURPOSE/ FISCAL NOTE S1082