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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
H0529
|||| 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