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HCR050.....................................................by STATE AFFAIRS
GUARDIANSHIP/CONSERVATORSHIP - STUDY - stating findings of the Legislature
and authorizing the Legislative Council to appoint a committee to undertake
and complete a study of the guardianship and conservatorship system in
Idaho.
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to Jud
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 3rd rdg - ADOPTED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Trail(Bennett), Wills, Wood,
Mr. Speaker
NAYS -- None
Absent and excused -- Stevenson
Floor Sponsor - Field(18)
Title apvd - To Senate
03/08 Senate intro - 1st rdg - to St Aff
03/19 Rpt out - rec d/p - to 10th Ord
Rls susp - ADOPTED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Pearce, Sweet
Floor Sponsor - Davis
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 50
BY STATE AFFAIRS COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
3 APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF THE GUARDIANSHIP
4 AND CONSERVATORSHIP SYSTEM IN IDAHO.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, today there are approximately 150,000 Idahoans who are age 65 or
7 older, and by the year 2020, it is anticipated that there will be nearly
8 240,000 Idahoans over the age of 65 who will face issues related to elder
9 care; and
10 WHEREAS, guardianship and conservatorship arrangements are important for
11 Idaho families facing the potential incapacity of a family member;
12 WHEREAS, a number of states have expressed great interest in the guardian-
13 ship and conservatorship process, frequently following allegations of inappro-
14 priate activity on the part of fiduciaries appointed to represent incapaci-
15 tated persons; and
16 WHEREAS, little data exists regarding the effectiveness of guardianships
17 or conservatorships within Idaho or in other states, and less information is
18 available about how the system actually affects the individuals involved; and
19 WHEREAS, model educational curricula for guardians and conservators and
20 improved monitoring of current inventory and accounting practices should be
21 developed at the state level; and
22 WHEREAS, research should be undertaken to review current elder care laws
23 and to examine how the guardianship and conservatorship process is enhancing
24 the well-being of persons with diminished capacity.
25 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
26 sion of the Fifty-seventh Idaho Legislature, the House of Representatives and
27 the Senate concurring therein, that the Legislative Council is authorized to
28 appoint a committee to undertake and complete a study of the guardianship and
29 conservatorship system in Idaho, taking into account recent efforts undertaken
30 by the federal government and other states. The Legislative Council shall
31 appoint up to eight legislators, four from the Senate and four from the House
32 of Representatives, and shall authorize the committee to receive input, advice
33 and assistance from interested and affected parties.
34 BE IT FURTHER RESOLVED, that the committee shall include additional mem-
35 bers to be appointed by the cochairs of the committee who are appointed by the
36 Legislative Council. Such nonlegislative members may include, but are not lim-
37 ited to, the following: one member of the staff of Idaho's congressional dele-
38 gation, one representative of the Office of the Governor, one representative
39 of the Office of the Attorney General, one representative of the Department of
40 Finance, two representatives of the Idaho judiciary, one representative of the
41 Taxation, Probate and Trust Law Section of the Idaho State Bar, one represen-
42 tative of the Idaho Commission on Aging, one representative of AARP and one
43 administrator of a county guardianship monitoring program.
44 BE IT FURTHER RESOLVED that nonlegislative members of the advisory commit-
2
1 tee shall not be reimbursed from legislative funds for per diem, mileage or
2 other expenses and shall not have voting privileges regarding the committee's
3 recommendations or proposed legislation.
4 BE IT FURTHER RESOLVED that the committee shall report its findings, rec-
5 ommendations and proposed legislation, if any, to the First Regular Session of
6 the Fifty-eighth Idaho Legislature, to the Office of the Governor, and to the
7 Idaho Supreme Court.
STATEMENT OF PURPOSE
RS 14175
This resolution would direct the Legislative Council to appoint a
Committee to study and evaluate the guardianship and
conservatorship system in Idaho and report its findings and
recommendations to the Fifty-eighth Idaho Legislature.
FISCAL IMPACT
The fiscal impact would be those travel expenses of legislators
serving on the Committee from outside Ada County. Legislative
Services estimate approximately $8,000.00
Contact
Name: Rep. Debbie Field
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HCR 050