2005 Legislation
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HOUSE BILL NO. 131 – Guardian pilot project fee

HOUSE BILL NO. 131

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Bill Status



H0131................................by JUDICIARY, RULES AND ADMINISTRATION
GUARDIANSHIP PILOT PROJECT FUND - Adds to existing law to set forth fees
for the establishment of a Guardianship Pilot Project Fund; to provide for
the administration and disbursement of fund moneys; to require an annual
report; and to provide a sunset date.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 65-4-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- Barrett, Bayer, Kemp, Moyle
      Absent and excused -- Sali
    Floor Sponsor - Field(18)
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Jud
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor - Davis
    Title apvd - to House
03/08    To enrol
03/09    Rpt enrol - Sp signed
03/10    Pres signed
03/11    To Governor
03/15    Governor signed
         Session Law Chapter 55
         Effective: 07/01/05;
         07/01/09 Sunset Clause

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 131
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COUNTY FEES; AMENDING CHAPTER 32, TITLE 31,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF A NEW SECTION 31-3201G, IDAHO CODE, TO SET FORTH FEES FOR THE
  4        ESTABLISHMENT OF A GUARDIANSHIP PILOT PROJECT FUND,  TO  PROVIDE  FOR  THE
  5        ADMINISTRATION  AND  DISBURSEMENT  OF FUND MONEYS AND TO REQUIRE AN ANNUAL
  6        REPORT; PROVIDING A SUNSET DATE AND PROVIDING  FOR  DISTRIBUTION  OF  FUND
  7        MONEYS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  32,  Title 31, 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 31-3201G, Idaho Code, and to read as follows:
                                                                        
 12        31-3201G.  PILOT  PROJECT  FEE.  (1)  In  addition to any other filing and
 13    reporting fees applicable to guardianships  and  conservatorships,  the  court
 14    shall charge the following fees:
 15        (a)  Fifty  dollars  ($50.00)  for filing cases involving guardianships or
 16        conservatorships;
 17        (b)  Forty-one dollars ($41.00) for reports required to be filed with  the
 18        court by conservators; and
 19        (c)  Twenty-five  dollars  ($25.00)  for reports required to be filed with
 20        the court by guardians.
 21        (2)  The additional fees set forth in paragraphs (a), (b) and (c) of  sub-
 22    section  (1)  of this section shall be paid to the county treasurer, who shall
 23    pay such fees to the state treasurer for deposit  in  the  guardianship  pilot
 24    project fund, which is hereby created in the state treasury. The fund shall be
 25    administered  by the Idaho supreme court and shall consist of fees as provided
 26    in this section and any funds as  may  be  appropriated  by  the  legislature,
 27    grants, donations and moneys from other sources.
 28        (3)  Moneys  in the fund shall be expended exclusively for the development
 29    of a pilot project which will operate in at least three (3) Idaho counties and
 30    which shall be designed to improve reporting and monitoring systems and  proc-
 31    esses  for the protection of persons and their assets where a guardian or con-
 32    servator has been appointed. Elements of the pilot project  may  include,  but
 33    are not limited to, the following:
 34        (a)  The adoption of standards of practice for guardians;
 35        (b)  A requirement that guardians be registered;
 36        (c)  Consideration  of  an  office  of  the public guardian in counties in
 37        which the pilot project operates;
 38        (d)  A review of the strengths of Idaho law regarding  the  treatment  and
 39        care of developmentally disabled persons; and
 40        (e)  If  federal  or grant funding is available, funding for adult protec-
 41        tion services to seek guardians in cases for which  volunteers  cannot  be
 42        enlisted.
 43        (4)  The  supreme  court shall make a report in January 2007, and annually
                                                                        
                                           2
                                                                        
  1    thereafter to the senate judiciary and rules committee  and  the  house  judi-
  2    ciary,  rules and administration committee regarding the progress of the pilot
  3    project.
                                                                        
  4        SECTION 2.  The provisions of Section 1 of this act shall  be  null,  void
  5    and of no force and effect on and after July 1, 2009, and any moneys remaining
  6    in  the Guardianship Pilot Project Fund at that time shall be deposited in the
  7    State General Fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14850

This legislation will establish a pilot project that will include
at least three counties to help design and improve the reporting
and monitoring system for Guardianships and Conservatorships. 
The fees for filing G&C cases will be collected by the State
Treasurer and administered by the Idaho Supreme Court.


                           FISCAL NOTE

No fiscal impact to the general fund.


Contact
Name:   Representative Debbie Field 
Phone:  208-332-1000
        Senator Bart Davis


STATEMENT OF PURPOSE/FISCAL NOTE                    H 131