2001 Legislation
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HOUSE BILL NO. 141 – State veterans cemetery, rules

HOUSE BILL NO. 141

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Daily Data Tracking History



H0141......................................................by STATE AFFAIRS
STATE VETERANS CEMETERY - Amends and repeals existing law to revise the
powers and duties of the administrator of the Division of Veterans
Services; to provide rulemaking authority for the administrator regarding
establishment of standards and criteria for interment at the state veterans
cemetery; and to provide for the deposit of certain benefits into the
veterans cemetery maintenance fund.
                                                                        
02/02    House intro - 1st rdg - to printing
02/05    Rpt prt - to St Aff
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Callister, Pischner
    Floor Sponsor -- Eskridge
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- King-Barrutia
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/26    Governor signed
         Session Law Chapter 199
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 141
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DIVISION OF VETERANS SERVICES; AMENDING SECTION 65-107,  IDAHO
  3        CODE,  TO PROVIDE THAT BENEFITS PAID BY THE FEDERAL DEPARTMENT OF VETERANS
  4        AFFAIRS FOR BURIAL AND PLOT ALLOWANCE FOR PERSONS INTERRED  AT  THE  STATE
  5        VETERANS  CEMETERY SHALL BE DEPOSITED IN THE VETERANS CEMETERY MAINTENANCE
  6        FUND; AMENDING SECTION 65-202, IDAHO CODE, TO REVISE THE POWERS AND DUTIES
  7        OF THE ADMINISTRATOR OF THE DIVISION OF VETERANS SERVICES;  AMENDING  SEC-
  8        TION  65-204,  IDAHO CODE, TO PROVIDE RULEMAKING AUTHORITY TO THE ADMINIS-
  9        TRATOR FOR ESTABLISHING STANDARDS AND CRITERIA FOR INTERMENT AT THE  STATE
 10        VETERANS CEMETERY; AND REPEALING SECTION 65-205, IDAHO CODE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section  65-107, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        65-107.  VETERANS CEMETERY MAINTENANCE FUND. (1) There is  hereby  created
 15    in the state treasury a fund to be known as the "veterans cemetery maintenance
 16    fund"  to  which shall be deposited the revenues derived from the program fees
 17    for special veterans motor vehicle  license  plates  as  provided  in  section
 18    49-418,  Idaho  Code, and any other moneys as may be provided by law. Interest
 19    earned on idle moneys in the veterans cemetery maintenance fund shall be  paid
 20    to such fund.
 21        (2)  Benefits paid by the United States department of veterans affairs for
 22    burial  and plot allowance for persons interred at the state veterans cemetery
 23    shall be deposited by the administrator as authorized and directed in  section
 24    65-202, Idaho Code.
 25        (3)  Moneys  in  the  fund  shall  be used exclusively for the purposes of
 26    operating and maintaining a state veterans cemetery, and moneys shall be  con-
 27    tinuously appropriated for such purposes.
 28        (34)  The  administrator  of  the division of veterans services shall have
 29    the authority and the responsibility, with the  advice  and  approval  of  the
 30    Idaho  veterans  affairs  commission created in section 65-201, Idaho Code, to
 31    administer moneys for the purposes indicated.
                                                                        
 32        SECTION 2.  That Section 65-202, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        65-202.  POWERS  AND DUTIES. The administrator of the division of veterans
 35    services shall have full power and authority on behalf of the state of  Idaho,
 36    in  recognition  of  the services rendered by disabled or destitute servicemen
 37    and servicewomen honorably discharged from veterans of the armed forces of the
 38    United States, to oversee the management and operation of the  veterans  homes
 39    in the state and the state veterans cemetery, and provide such care and extend
 40    such  financial relief and assistance to said disabled or destitute, honorably
 41    discharged servicemen and servicewomen veterans of the  armed  forces  of  the
                                                                        
                                           2
                                                                        
  1    United  States.  Further,  the administrator shall extend financial relief and
  2    assistance to disabled or destitute wartime veterans and  to  those  dependent
  3    upon   such   honorably  discharged,  disabled  or  destitute  servicemen  and
  4    servicewomen wartime veterans as the commission shall determine to be  reason-
  5    ably    required by such disabled or destitute servicemen and servicewomen and
  6    their dependents under such rules as the administrator may, from time to time,
  7    adopt; and said administrator shall have power and authority  to  render  such
  8    financial  assistance to any person honorably discharged from the armed forces
  9    of the United States, regardless of the period during which he  or  she  shall
 10    have  served;  provided, however, that no financial aid or direct relief shall
 11    be granted to any discharged person unless he or she shall have served  during
 12    one  (1) of the periods hereinafter referred to and shall come under the defi-
 13    nition of veteran set out in section 65-203, Idaho Code. The administrator  is
 14    further authorized to collect benefits paid by the United States department of
 15    veterans  affairs  for  burial  and plot allowance for persons interred at the
 16    state veterans cemetery and directed to cause such benefits to be deposited in
 17    the veterans cemetery maintenance fund established in  section  65-107,  Idaho
 18    Code.
 19        With  the  approval of the commission, the administrator may prescribe the
 20    qualifications of all personnel on a nonpartisan  merit  basis  in  accordance
 21    with  the  Idaho personnel system law for employment of personnel in the divi-
 22    sion of veterans homes services.
                                                                        
 23        SECTION 3.  That Section 65-204, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        65-204.  RULES  --  EMPLOYMENT  OF ASSISTANTS. The commission shall advise
 26    the administrator of the division of veterans  services  in  the  adoption  of
 27    rules  with  respect to all matters of administration hereunder, including the
 28    establishment of standards and criteria for interment at  the  state  veterans
 29    cemetery,   and  to  carry into effect the purposes of this chapter and employ
 30    such assistants as it may deem advisable. The commission is authorized to name
 31    the administrator of the division of veterans services as executive secretary.
                                                                        
 32        SECTION 4.  That Section 65-205, Idaho Code, be, and the  same  is  hereby
 33    repealed.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 10838c1
The purpose of this legislation is to allow the Idaho Division of
Veterans Services to collect directly from the Veterans
Administration the burial allowance and plot allowance now paid
to survivors of veterans for plot and burial expenses.  The funds
so collected will be used for maintenance and operation of the
State Veterans' Cemetery.
                          FISCAL IMPACT

A positive fiscal impact is anticipated from this legislation
because money received from the Veterans Administration will be
used to offset monies that would otherwise be appropriated from
General Funds.

Contact
Name: Rep. Eskridge 
Phone: 208/332-1000
Reps. Stone, Tilman, Young



STATEMENT OF PURPOSE/FISCAL NOTE                         H 141