2004 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 50 – Guardianship/conservatorship/study


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Bill Status

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
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

Bill Text

  ]]]]              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
  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-
  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 / Fiscal Impact

                       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

Name: Rep. Debbie Field 
Phone: 208/332-1000