View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| 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
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