2000 Legislation
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SENATE BILL NO. 1356 – Transfers on trust, section number


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Daily Data Tracking History

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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1356
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  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 / Fiscal Impact

                      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