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H0437......................................................by STATE AFFAIRS
VETERANS SERVICES DIVISION - Amends existing law to establish the Division
of Veterans Services in the Department of Self-Governing Agencies; and to
remove the responsibility for veterans and veterans services from the
Department of Health and Welfare.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Black, Campbell, Crow, Deal, Hammond,
Hansen(29), Linford, Moss
Floor Sponsors - Stone, Alltus
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to St Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 33-0-2
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Andreason, Ipsen
Floor Sponsors - Danielson, Ingram
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/22 To Governor
03/27 Governor signed
Session Law Chapter 59
Effective: 07/01/00
H0437
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 437
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VETERANS OF THE ARMED FORCES; AMENDING SECTION 39-106, IDAHO CODE,
3 TO DELETE AN INCORRECT REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
4 ING SECTION 65-201, IDAHO CODE, TO ESTABLISH THE DIVISION OF VETERANS SER-
5 VICES IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES, TO PROVIDE THAT THE
6 ADMINISTRATOR OF THE DIVISION SHALL BE APPOINTED BY THE GOVERNOR AND TO
7 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 65-202, IDAHO CODE, TO PRO-
8 VIDE THAT THE ADMINISTRATOR MAY PRESCRIBE QUALIFICATIONS FOR PERSONNEL
9 EMPLOYED IN VETERANS HOMES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
10 SECTION 65-204, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE AND TO MAKE
11 TECHNICAL CORRECTIONS; AMENDING SECTION 66-901, IDAHO CODE, TO PROVIDE
12 THAT VETERANS HOMES ARE ESTABLISHED IN THE DIVISION OF VETERANS SERVICES
13 IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES AND TO MAKE TECHNICAL CORREC-
14 TIONS; AMENDING SECTION 66-906, IDAHO CODE, TO PROVIDE FOR SUCCESSION TO
15 PROPERTY OF DECEASED RESIDENTS OF VETERANS HOMES; AMENDING SECTION 66-907,
16 IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVISION OF VETERANS
17 SERVICES IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES SHALL ESTABLISH
18 ADMISSIONS CRITERIA FOR VETERANS HOMES AND ESTABLISH CHARGES FOR CERTAIN
19 RESIDENTS; AMENDING SECTION 67-2601, IDAHO CODE, TO CREATE THE DIVISION OF
20 VETERANS SERVICES IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES AND TO MAKE
21 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 39-106, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-106. DIRECTOR -- ADDITIONAL POWERS AND DUTIES. 1. The director shall
26 exercise the following powers and duties in addition to all other powers and
27 duties inherent in the position:
28 a. Prescribe such rules and regulations as may be necessary for the
29 administration of the department, the conduct and duties of the employees,
30 the orderly and efficient management of department business, and the cus-
31 tody, use and preservation of department records, papers, books and prop-
32 erty belonging to the state.
33 b. Employ such personnel as may be deemed necessary, prescribe their
34 duties and fix their compensation within the limits provided by the state
35 personnel system law.
36 c. Administer oaths for all purposes required in the discharge of his
37 duties.
38 d. Prescribe the qualifications of all personnel of the department on a
39 nonpartisan merit basis, in accordance with the Idaho personnel system
40 law, provided, however, that the administrators in charge of any division
41 of the department, and the administrators in charge of the state veterans
42 homes, state hospital north, state hospital south, and Idaho state school
43 and hospital shall serve at the pleasure of the director.
2
1 e. Create such units, sections and subdivisions as are or may be neces-
2 sary for the proper and efficient functioning of the department.
3 2. All of the executive and administrative duties, powers and functions
4 transferred to the administrator of the department of environmental and commu-
5 nity services by chapter 87, Llaws of 1973, are hereby transferred to the
6 director of the department of health and welfare, who shall be the successor
7 in law to all contractual obligations entered into by his predecessors in law.
8 3. All rights and title to property transferred to and vested in the
9 department of environmental and community services by chapter 87, Llaws of
10 1973, are hereby transferred to and vested in the department of health and
11 welfare. The department established by this act is empowered to acquire, by
12 purchase or exchange, any property which in the judgment of the department is
13 not needful for the operation of the facilities and programs for which it is
14 responsible and to dispose of, by sale or exchange, any property which in the
15 judgment of the department is not needful for the operation of the same.
16 4. All codes, rules, regulations, standards, plans, licenses, permits and
17 certificates heretofore adopted by the board of environmental and community
18 services, or the department of environmental and community services, pursuant
19 to chapter 87, Llaws of 1973, shall remain in full force and effect until
20 superseded by rules, regulations, standards, plans, licenses, permits and cer-
21 tificates duly adopted or issued under the provisions of this act.
22 SECTION 2. That Section 65-201, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 65-201. DIVISION OF VETERANS SERVICES -- CREATION OF COMMISSION --
25 APPOINTMENT OF MEMBERS -- DISCONTINUANCE OF COMMISSION. (1) There is hereby
26 established in the department of health and welfare self-governing agencies
27 the division of veterans services. The division shall be headed by an adminis-
28 trator who shall be appointed by the director of the department governor from
29 a nomination list of eligible candidates for administrator submitted by the
30 veterans affairs commission. The administrator may be removed from office by
31 the director of the department of health and welfare governor only with the
32 consent of the veterans affairs commission.
33 (2) There is hereby created an advisory commission to be known as the
34 Idaho veterans affairs commission to consist of five (5) persons, all of whom
35 shall be appointed by the governor of the state of Idaho. not more than thirty
36 (30) days after the effective date of this act. Said appointees shall have had
37 active service in any war or conflict officially engaged in by the government
38 of the United States and have been honorably discharged from such service. No
39 more than two (2) of said commission shall be residents of the same judicial
40 district of the state of Idaho. Of the members of the commission serving on
41 the effective date of this act, the terms of three (3) such members shall
42 expire on the third Monday in January, 1987, and the terms of the remaining
43 members shall expire on the third Monday in January, 1988. Members of the com-
44 mission serving on the effective date of this act shall draw lots to determine
45 the length of term for each member. Thereafter, uUpon the expiration of a
46 member's term, the subsequent appointment shall be made by the governor and
47 shall be for a term of three (3) years. Such subsequent terms shall expire on
48 the third Monday in January of the appropriate year. The governor shall have
49 power to fill any and all vacancies occurring in said commission. The governor
50 shall have the further full power to discontinue said commission by proclama-
51 tion whenever the governor determines that the government of the United
52 States, or the state of Idaho, shall have made adequate provision for the care
53 and assistance of honorably discharged and destitute veterans of the armed
3
1 forces.
2 SECTION 3. That Section 65-202, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 65-202. POWERS AND DUTIES. The administrator of the division of veterans
5 services shall have full power and authority on behalf of the state of Idaho,
6 in recognition of the services rendered by disabled or destitute servicemen
7 and servicewomen honorably discharged from the armed forces of the United
8 States, to oversee the management and operation of the Vveterans Hhomes in the
9 state, and provide such care and extend such financial relief and assistance
10 to said disabled or destitute, honorably discharged servicemen and
11 servicewomen and to those dependent upon such honorably discharged, disabled
12 or destitute servicemen and servicewomen as the commission shall determine to
13 be reasonably required by such disabled or destitute servicemen and
14 servicewomen and their dependents under such rules and regulations as the
15 administrator may, from time to time adopt; and said administrator shall have
16 power and authority to render such financial assistance to any person honor-
17 ably discharged from the armed forces of the United States, regardless of the
18 period during which he or she shall have served; provided, however, that no
19 financial aid or direct relief shall be granted to any discharged person
20 unless he or she shall have served during one (1) of the periods hereinafter
21 referred to and shall come under the definition of veteran set out in section
22 65-203, Idaho Code.
23 With the approval of the commission, the administrator may prescribe the
24 qualifications of all personnel on a nonpartisan merit basis in accordance
25 with the Idaho personnel system law for employment of personnel in veterans
26 homes.
27 SECTION 4. That Section 65-204, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 65-204. RULES AND REGULATIONS -- EMPLOYMENT OF ASSISTANTS. The commission
30 shall advise the administrator of the division of veterans services and the
31 board of health and welfare in the adoption of rules and regulations with
32 respect to all matters of administration hereunder and to carry into effect
33 the purposes of this chapter and employ such assistants as it may deem advis-
34 able. The commission is authorized to name the administrator of the division
35 of veterans services as executive secretary.
36 SECTION 5. That Section 66-901, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 66-901. ESTABLISHMENT OF HOMES. On and after July 1, 2000, tThere shall
39 be established in the division of veterans services in the department of
40 health and welfare self-governing agencies in this state homes for veterans
41 which shall hereafter be known and designated as Idaho Sstate Vveterans
42 Hhomes, which institutions shall be homes for honorably discharged male and
43 female veterans who had actual service during any war or conflict officially
44 engaged in by the government of the United States and for members of the state
45 national guard disabled while in the line of duty who did not refuse military
46 duty on account of conscientious objection; provided, that before a person is
47 admitted to a home he shall be a bona fide resident of this state.
48 SECTION 6. That Section 66-906, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 66-906. SUCCESSION TO PROPERTY OF DECEASED RESIDENT. Hereafter, the
3 application of any person for membership in a veterans home of this state, and
4 the admission of the applicant thereunder shall be and constitute a valid and
5 binding contract between such applicant and the director of the department of
6 health and welfare administrator of the division of veterans services in the
7 department of self-governing agencies of the state of Idaho that on the death
8 of said applicant, while a member of such home, leaving no heirs at law next
9 of kin, all personal property owned by said applicant at the time of his
10 death, including money or choses in action held by him and not disposed of by
11 will, whether such property be the proceeds of pensions or otherwise derived,
12 shall vest in and become the property of said department of health and welfare
13 division of veterans services in the department of self-governing agencies of
14 the state of Idaho for the sole use and benefit of said home, the proceeds to
15 be disposed of in such manner as may be ordered by the said director adminis-
16 trator of the division, and that all personal property of said applicant
17 which, upon his death, while a member, shall at once pass to and vest in said
18 director administrator, subject to be reclaimed by any legatee or person enti-
19 tled to take the same by inheritance at any time within five (5) years after
20 the death of such member. The director of the department of health and welfare
21 of the state of Idaho administrator of the division of veterans services is
22 directed to so change the form of application for membership as to give rea-
23 sonable notice of this provision to each applicant, and as to contain the con-
24 sent of the applicant to accept membership upon the conditions herein pro-
25 vided.
26 SECTION 7. That Section 66-907, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 66-907. ADMISSIONS TO AND CHARGES FOR RESIDENCE AT HOMES. The board of
29 health and welfare administrator of the division of veterans services in the
30 department of self-governing agencies with the advice of the veterans affairs
31 commission is hereby authorized and directed to establish appropriate admis-
32 sions criteria for the homes and to establish by regulation charges for resi-
33 dence in those cases where residents have available resources for this pur-
34 pose.
35 SECTION 8. That Section 67-2601, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
38 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
39 self-governing agencies. The department shall, for the purposes of section 20,
40 article IV of the constitution of the state of Idaho, be an executive depart-
41 ment of the state government.
42 (2) The department shall consist of the following:
43 (a) aAgricultural commodity commissions: Idaho apple commission, as pro-
44 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
45 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
46 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
47 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
48 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
49 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
50 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
5
1 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho
2 wheat commission, as provided by chapter 33, title 22, Idaho Code.; and,
3 (b) pProfessional and occupational licensing boards: Idaho state board of
4 certified public accountancy, as provided by chapter 2, title 54, Idaho
5 Code; board of architectural examiners, as provided by chapter 3, title
6 54, Idaho Code; office of the state athletic director, as provided by
7 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
8 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
9 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
10 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
11 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
12 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
13 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
14 state board of denturitry, as provided by chapter 33, title 54, Idaho
15 Code; state board of engineering examiners, as provided by chapter 12,
16 title 54, Idaho Code; board of environmental health specialists examiners,
17 as provided by chapter 24, title 54, Idaho Code; state board for registra-
18 tion of professional geologists, as provided by chapter 28, title 54,
19 Idaho Code; board of hearing aid dealers and fitters, as provided by chap-
20 ter 29, title 54, Idaho Code; Idaho state board of landscape architects,
21 as provided by chapter 30, title 54, Idaho Code; state board of medicine,
22 as provided by chapter 18, title 54, Idaho Code, and its associated physi-
23 cal therapist advisory board, as provided by chapter 22, title 54, Idaho
24 Code; state board of morticians, as provided by chapter 11, title 54,
25 Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho
26 Code; board of examiners of nursing home administrators, as provided by
27 chapter 16, title 54, Idaho Code; state board of optometry, as provided by
28 chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as
29 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro-
30 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as
31 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
32 ogist examiners, as provided by chapter 23, title 54, Idaho Code; public
33 works contractors licensing board, as provided by chapter 19, title 54,
34 Idaho Code; Idaho real estate commission, as provided by chapter 20, title
35 54, Idaho Code; real estate appraiser board, as provided by chapter 41,
36 title 54, Idaho Code; board of social work examiners, as provided by chap-
37 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro-
38 vided by chapter 21, title 54, Idaho Code; and the board of examiners of
39 residential care facility administrators, as provided by chapter 42, title
40 54, Idaho Code.
41 (c) tThe board of examiners, pursuant to section 67-2001, Idaho Code.
42 (d) tThe division of building safety, to be headed by a division admin-
43 istrator and comprised of four (4) bureaus: plumbing, electrical, build-
44 ings, and logging and industrial safety. The division administrator and
45 bureau chiefs shall be nonclassified employees exempt from the provisions
46 of chapter 53, title 67, Idaho Code. The administrator of the division
47 shall administer the provisions of chapter 40, title 39, Idaho Code,
48 relating to manufactured homes and recreational vehicles; chapter 41,
49 title 39, Idaho Code, relating to modular buildings; chapter 21, title 44,
50 Idaho Code, relating to manufactured home dealer and broker licensing;
51 chapter 10, title 54, Idaho Code, relating to electrical contractors and
52 journeymen; chapter 26, title 54, Idaho Code, relating to plumbing and
53 plumbers; and shall perform such additional duties as are imposed upon him
54 by law. The division administrator shall cooperate with the industrial
55 commission and aid and assist the commission in its administration of sec-
6
1 tions 72-720, 72-721 and 72-723, Idaho Code, and at the request of the
2 commission shall make inspection of appliances, tools, equipment, machin-
3 ery, practices or conditions, and make a written report to the commission.
4 The administrator shall make recommendations to the commission to aid the
5 commission in its administration of sections 72-720, 72-721 and 72-723,
6 Idaho Code, provided however, that nothing herein shall be construed as
7 transferring to the administrator any of the authority or powers now
8 vested in the industrial commission.
9 (e) The division of veterans services to be headed by a division adminis-
10 trator who shall be a nonclassified employee exempt from the provisions of
11 chapter 53, title 67, Idaho Code. The administrator of the division shall
12 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
13 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
14 sion established under chapter 2, title 65, Idaho Code, and shall perform
15 such additional duties as are imposed upon him by law.
16 (3) The bureau of occupational licenses is hereby created within the
17 department of self-governing agencies.
18 SECTION 9. This act shall be in full force and effect on and after July
19 1, 2000.
STATEMENT OF PURPOSE
RS 09504C1
The purpose of this legislation is to move the Division of
Veterans Services from the Department of Health and Welfare
and establish it in the Department of Self-Governing agencies
and provide that the Office of Veterans Advocacy and veterans
homes are established in the Division of Veterans Services in
the Department of Self-Governing agencies. The Division of
Veterans Services Administrator shall be appointed by the
Governor and will prescribe qualifications for personnel
employed in veterans homes, establish admissions criteria and
charges for veterans homes, and provide for succession to
property of deceased residents of veterans homes.
FISCAL IMPACT
With the anticipated transfer of $520,600 from the Department of
Health and Welfare (which is the amount DHW calculated it costs
to support the Division of Veterans Services) for ongoing
operational costs, the Division of Veterans Services would need
an additional $98,400 in one-time start-up costs to move from the
Department of Health and Welfare and become established in the
Department of Self-Governing agencies. These start-up costs
would pay for furnishings, equipment, information services
modifications and access, software licenses, and work space
renovation at the Boise Home to accommodate additional staff.
The funding will come from one-time carryover spending authority
from FY00 into FY01. No additional General Fund dollars will
be necessary.
CONTACT
Name: Gary Bermeosolo
Agency: Division of Veterans Services
Phone: 334-3513
Representative Ruby Stone
332-1000
Representative Jeff Alltus
332-1000
Representative Sher Sellman
332-1000
Representative June Judd
332-1000
Senator Cecil Ingram
332-1000
Senator Marguerite McLaughlin
332-1000
Senator Judi Danielson
332-1000
STATEMENT OF PURPOSE/FISCAL IMPACT Bill No. H 437