2000 Legislation
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HOUSE BILL NO. 529 – Probate, trustees, removal

HOUSE BILL NO. 529

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
     
                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