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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
|||| 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
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