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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
]]]] 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
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