View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1356................................................by JUDICIARY AND RULES TRANSFERS ON TRUST - Amends existing law to redesignate the section number of the statute providing restrictions on transfers in trust. 02/03 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Jud 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Danielson, Davis Floor Sponsor - Darrington Title apvd - to House 02/28 House intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 67-0-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Geddes, Moyle, Stone Floor Sponsor - Hammond Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 178 Effective: 07/01/00
S1356|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1356 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO TRUSTS; AMENDING SECTION 15-5-508, IDAHO CODE, TO REDESIGNATE THE 3 SECTION; AND PROVIDING AN EFFECTIVE DATE. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 15-5-508, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 15-5-5087-502. RESTRICTIONS ON TRANSFERS IN TRUST. A trust instrument may 8 provide that a beneficiary's interest in the income and/or principal of the 9 trust is not subject to voluntary or involuntary transfer. Such provision 10 shall be valid and enforceable, and the beneficiary's interest shall not be 11 subject to voluntary or involuntary transfer of any nature, and shall not be 12 subject to enforcement of a money judgment, subject to any exceptions other- 13 wise allowed by law. If a trust gives the trustee discretion over the payment 14 of either income or principal of a trust, or both, nothing in this section 15 shall be deemed to affect or limit that discretion in any manner. This sec- 16 tion shall not be deemed to apply to any trust distributions after actual 17 receipt by the beneficiary. Validity of a restraint on transfer in a trust 18 document shall not require specific reference to this section or any specific 19 language. This section shall apply both to trust instruments in existence on 20 July 1, 1995, as well as trust instruments established thereafter. 21 SECTION 2. This act shall be in full force and effect on and after July 22 1, 2000.
STATEMENT OF PURPOSE RS 09734 The original bill was passed several years ago. However, the code section created for the new law was in an inappropriate portion of the Probate Code, relating to guardianships. This bill only corrects the code section to be in a logical portion of the Probate Code, relating to trusts. FISCAL NOTE This bill should have no effect an revenues or expenditures. CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: office: (208) 336-9880 home: (208) 888-4668 Fax: (208) 336-9882 e-mail: roberta@micron.net STATEMENT OF PURPOSE/FISCAL NOTE S 1356