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H0529................................by JUDICIARY, RULES AND ADMINISTRATION TRUSTEES - Adds to existing law to provide statutory procedures for removal of a trustee in certain probate actions. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 62-0-8 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Chase, Deal, Gould, Jones, Kellogg, Pischner, Trail(Miller), Mr Speaker Floor Sponsor - Montgomery Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/27 3rd rdg - PASSED - 35-0-0 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--None Floor Sponsor - Bunderson Title apvd - to House 03/28 To enrol 03/29 Rpt enrol - Sp signed 03/30 Pres signed 03/31 To Governor 04/03 Governor signed Session Law Chapter 157 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 529 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO TRUSTS; AMENDING PART 3, CHAPTER 7, TITLE 15, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 15-7-308, IDAHO CODE, TO PROVIDE FOR REMOVAL OF 4 A TRUSTEE; AND PROVIDING AN EFFECTIVE DATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Part 3, Chapter 7, Title 15, Idaho Code, be, and the same 7 is hereby amended by the addition thereto of a NEW SECTION, to be known and 8 designated as Section 15-7-308, Idaho Code, and to read as follows: 9 15-7-308. REMOVAL OF TRUSTEE. (1) A trustee may be removed in accordance 10 with the terms of the trust or by the court on its own initiative or on peti- 11 tion of a trustor, cotrustee or beneficiary. 12 (2) The court may remove a trustee or order other appropriate relief: 13 (a) If the trustee has committed a material breach of trust; 14 (b) If the trustee is unfit or unable to administer the trust; 15 (c) If lack of cooperation among cotrustees substantially impairs the 16 administration of the trust; 17 (d) If the investment decisions of the trustee, although not constituting 18 a breach of trust, have resulted in investment performance persistently 19 and substantially below those of comparable trusts; 20 (e) If, because of changed circumstances, removal of the trustee would 21 substantially further the trustor's purpose in creating the trust; or 22 (f) For other good cause shown. 23 (3) Pending a final decision on the petition to remove the trustee, the 24 court may order such appropriate relief as may be necessary to protect the 25 trust property or the interests of the beneficiaries. 26 SECTION 2. This act shall be in full force and effect on and after July 27 1, 2000.
STATEMENT OF PURPOSE RS 09732 The purpose of this legislation is to codify the common law standard for the removal of the trustee of a trust. Current Idaho law does not set forth the "for cause" grounds for removal, and simply provides the court with jurisdiction for such actions. The proposal sets forth a specific mechanism for the removal authority currently granted to the court by Idaho Code, Section 15-7-201. The proposal codifies the common law grounds for removal, and provides for the use of the existing procedures of the Uniform Probate Code as adopted in Idaho. The legislation represents a continuation of the Committee's ongoing examination of the Uniform Trust Act and the adoption of specific legislation contained therein. FISCAL IMPACT This bill should have no effect on revenues or expenditures. It may streamline court procedures and avoid prolonged court battles and thereby lower expenditures. Contact Name: Robert L. Aldridge Phone: (208) 336-9880 STATEMENT OF PURPOSE/FISCAL NOTE H 529