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S1304................................................by JUDICIARY AND RULES
HOMESTEADS - Repeals and adds to existing law relating to homestead rights
to establish limits on liability of the homestead for debts of the owner.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Hill, Marley
Floor Sponsor - Davis
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
Cuddy, 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, Stevenson, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Deal, Trail, Wills
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/19 Governor signed
Session Law Chapter 131
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1304
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO HOMESTEAD RIGHTS; REPEALING SECTION 55-1010, IDAHO CODE; AND
3 AMENDING CHAPTER 10, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
4 TION 55-1010, IDAHO CODE, TO ESTABLISH LIMITS ON LIABILITY OF THE HOME-
5 STEAD FOR DEBTS OF THE OWNER.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 55-1010, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 2. That Chapter 10, Title 55, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 55-1010, Idaho Code, and to read as follows:
12 55-1010. LIABILITY FOR DEBTS OF OWNER. The homestead shall not be held
13 liable for the debts of the owner, except as provided in this title or in sec-
14 tion 56-218, Idaho Code.
STATEMENT OF PURPOSE
RS 13950
This legislation makes substantial changes to the Homestead
provisions of the Idaho Code and includes a revocation of section
55-1010, Idaho Code. In consultation with the Estate Recovery
division, Health & Welfare, the retention of a portion of the
language in existing 55-1010 would clarify and simplify the methods
used by Estate Recovery. This is best done by enacting a new
section 55-1010 with only the language of this bill. The same
result may still be reached through probate procedures without
enactment of this new section, but the new section will make the
legal situation absolutely clear.
FISCAL NOTE
This bill will have no fiscal impact.
CONTACT: Robert L. Aldridge
PHONE: (208) 336-9880
STATEMENT OF PURPOSE/FISCAL NOTE S 1304