2001 Legislation
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HOUSE BILL NO. 134 – Community guardian bd, members/term

HOUSE BILL NO. 134

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Daily Data Tracking History



H0134................................by JUDICIARY, RULES AND ADMINISTRATION
COMMUNITY GUARDIAN BOARD - Amends existing law to clarify that members of a
board of community guardian shall be appointed by the board of county
commissioners that created the board of community guardian; to extend terms
of members of a board of community guardian; and to allow a member of a
board of community guardian to serve until a successor is appointed.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 66-0-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Callister, Jones, Wood
    Floor Sponsor -- Cuddy
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Dunklin
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 97
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 134
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  PROTECTION  OF  PERSONS  UNDER  A  DISABILITY;  AMENDING  SECTION
  3        15-5-602,  IDAHO  CODE,  TO  CLARIFY  THAT MEMBERS OF A BOARD OF COMMUNITY
  4        GUARDIAN SHALL BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS THAT CRE-
  5        ATED THE BOARD OF COMMUNITY GUARDIAN, TO EXTEND  TERMS  OF  MEMBERS  OF  A
  6        BOARD  OF  COMMUNITY  GUARDIAN,  TO ALLOW A MEMBER OF A BOARD OF COMMUNITY
  7        GUARDIAN TO SERVE UNTIL A SUCCESSOR IS APPOINTED  AND  TO  MAKE  TECHNICAL
  8        CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That Section 15-5-602, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        15-5-602.  BOARD STRUCTURE -- POWERS AND DUTIES. (a) Any board  of  commu-
 13    nity  guardian which is created within a county or counties in a judicial dis-
 14    trict shall operate under the laws of the state of Idaho, including the  Idaho
 15    guardianship, conservatorship and trust laws.
 16        (b)  A  board  of community guardian shall consist of not fewer than seven
 17    (7) or more than eleven (11) members  who  are  representatives  of  community
 18    interests  involving  persons  needing guardians or conservators as defined by
 19    chapter 5, title 15, Idaho Code.  Members shall be appointed by the  board  of
 20    county  commissioners  that created the board of community guardian under sec-
 21    tion 15-5-601, Idaho Code.
 22        (1)  The terms of the members of the board shall  be  for  two  four  (24)
 23        years and shall be staggered. A number of members equaling or most closely
 24        exceeding  one-half  (1/2) shall initially be appointed for one three (13)
 25        years. Any vacancy created by resignation or expiration of term  shall  be
 26        filled in the same manner as the original appointment;
 27        (2)  No person shall be appointed for more than four three (43) successive
 28        terms  or  eight twelve (812) successive years on the board; provided how-
 29        ever, that the limitations expressed in this paragraph do not  prohibit  a
 30        person from continuing to serve on the board until that person's successor
 31        is appointed;
 32        (3)  The board shall meet not less than once each quarter;
 33        (4)  No person shall be a member of a board who is also an employee of the
 34        district court or the clerk of the district court;
 35        (5)  A board member having previously provided or currently providing ser-
 36        vices  to  a  ward  shall  disclose such to the board and abstain from any
 37        decision or action taken concerning that particular ward;
 38        (6)  Board members and officers shall serve without pay;
 39        (7)  Each board shall elect its own chairman and other officers.
 40        (c)  A board, in those instances when a  guardian  and/or  conservator  is
 41    required  and  no qualified family member or other qualified person has volun-
 42    teered to serve, may:
 43        (1)  Locate a qualified person to serve as guardian and/or conservator; or
                                                                        
                                           2
                                                                        
  1        (2)  Petition the court to be appointed guardian and/or conservator.
  2        (d)  The board shall have all the powers and duties  where  applicable  by
  3    court  order,  as  provided  under  section 15-5-312, of this code Idaho Code,
  4    and/or sections 15-5-408 and 15-5-424, of this code Idaho Code, and  in  addi-
  5    tion thereto shall:
  6        (1)  Locate and recommend to the court, where necessary, that a visitor be
  7        appointed as provided in section 15-5-503, of this code Idaho Code;
  8        (2)  Have  access  to  all  confidential records, including abuse registry
  9        reports that may be maintained by state or private  agencies  or  institu-
 10        tions,  which records concern a person for whom the board acts as guardian
 11        and/or conservator. The name of the person  reporting  the  alleged  abuse
 12        shall  be  subject  to  disclosure  according to chapter 3, title 9, Idaho
 13        Code;
 14        (3)  Review and monitor the services provided by public and private  agen-
 15        cies  to  any  incapacitated  person  for  whom the board acts as guardian
 16        and/or conservator and determine the continued need for those services;
 17        (4)  Assess a fee for services developed pursuant to this part;
 18        (5)  Have the power, subject to the approval of the board of  county  com-
 19        missioners,  to  adopt such rules as are necessary to carry out the duties
 20        and responsibilities of the board.
 21        (e)  When a board serves as guardian or conservator, it shall  be  compen-
 22    sated  as  other  guardians  or conservators pursuant to Idaho law. If, at the
 23    time the board is appointed as guardian and/or conservator, the  incapacitated
 24    person for whom the board is to act has no funds, the court may waive the pay-
 25    ment of fees.
 26        (f)  When  a board serves as guardian and/or conservator there is created,
 27    at the time of filing of the order of appointment, a  lien  in  favor  of  the
 28    board  against  any  real  property  owned  by  the  ward or protected person,
 29    enforceable only upon the termination of the guardianship and/or  conservator-
 30    ship, for all fees which were incurred throughout the duration of the services
 31    and which were not paid prior to termination. All fees incurred throughout the
 32    duration  of  the services and which were not paid prior to the termination of
 33    services shall relate back to the effective date of the lien. The  board  must
 34    record a notice of said lien within thirty (30) days of filing of the order of
 35    appointment.  Such liens shall be recorded in every county where property sub-
 36    ject to the lien is located. The notice shall contain at least  the  following
 37    information:  full  court  heading  of the action in which the appointment was
 38    made; the effective date of the lien; the name and address of the  board;  and
 39    any  limitations or terms regarding the fees  covered by the lien contained in
 40    the order of appointment. The court may postpone or arrange for gradual repay-
 41    ment of the fees if the court finds that the immediate repayment would  create
 42    a hardship on the person.
 43        (g)  No  member  of  a  board of community guardian, any employees, or any
 44    visitor appointed at the request of such board pursuant to  section  15-5-303,
 45    of this code Idaho Code, shall be liable for civil damages by reason of autho-
 46    rizing  medical  treatment  or  surgery  for  the person for whom the board is
 47    appointed, if the board member, employee or visitor, after  medical  consulta-
 48    tion  with  the  person's physician, acts in good faith, is not negligent, and
 49    acts within the limits established for the guardian and/or conservator by  the
 50    court.  No  such  person  shall be liable, by reason of his authorization, for
 51    injury to the person  for  whom  the  guardian  and/or  conservator  has  been
 52    appointed  which  injury  results from the negligence or other acts of a third
 53    person, if the court has authorized the giving of medical consent by the board
 54    or the individual members of the board. No such person shall be liable in  the
 55    performance  of  acts  done in good faith within the scope of his authority as
                                                                        
                                           3
                                                                        
  1    long as the act is not of a wanton or grossly negligent nature. The  board  of
  2    community  guardian  shall  be deemed to be a governmental entity for the pur-
  3    poses of application of the Idaho tort claims act.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                            RS 10567

i1he purpose or this legislation is to allow individuals to continue
to serve as guardians or be available to serve as guardians
beyond the time now specified in statute.

Small counties have difficulty continually maintaining a list
of individuals that are willing to serve in these positions.

This legislation would allow for the reappointment of guardians
to be extended to three (3) four (4) year terms rather than the
two (2) terms now in code.

This would also allow a guardian to serve in the event a
successor is not available.


                          FISCAL IMPACT



There is no fiscal impact to the General Fund.

        
Contact
     Name: Representative Chuck Cuddy
      Phone:  334 1130





STATEMENT OF PURPOSE/FISCAL NOTE                  H 13