2001 Legislation
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HOUSE BILL NO. 140 – Veterans home/admission eligibility

HOUSE BILL NO. 140

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0140......................................................by STATE AFFAIRS
VETERANS HOMES - Amends existing law to revise the powers and duties of the
administrator of the Division of Veterans Services; to revise the
definition of "veteran" and to provide a definition of "wartime veteran";
to provide that male and female veterans discharged under honorable
conditions shall be eligible for admission to the state's veterans homes;
and to delete eligibility for admission to the state's veterans homes for
members of the state national guard disabled while in the line of duty who
did not refuse military duty on account of conscientious objection.
                                                                        
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 - 65-4-1
      AYES -- Barraclough, 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, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Young,
      Mr. Speaker
      NAYS -- Barrett, Sali, Schaefer, Wood
      Absent and excused -- Callister
    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 198
         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. 140
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE VETERANS HOMES; AMENDING SECTION 65-202, IDAHO CODE,  TO
  3        REVISE  THE POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF VET-
  4        ERANS SERVICES; AMENDING  SECTION 65-203, IDAHO CODE, TO REVISE THE  DEFI-
  5        NITION OF VETERAN AND TO PROVIDE A DEFINITION OF WARTIME VETERAN; AMENDING
  6        SECTION  66-901, IDAHO CODE, TO PROVIDE THAT MALE AND FEMALE VETERANS DIS-
  7        CHARGED UNDER HONORABLE CONDITIONS SHALL BE ELIGIBLE FOR ADMISSION TO  THE
  8        STATE'S  VETERANS  HOMES  AND  TO  DELETE ELIGIBILITY FOR ADMISSION TO THE
  9        STATE'S VETERANS HOMES FOR MEMBERS OF THE STATE  NATIONAL  GUARD  DISABLED
 10        WHILE  IN  THE LINE OF DUTY WHO DID NOT REFUSE MILITARY DUTY ON ACCOUNT OF
 11        CONSCIENTIOUS OBJECTION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
 13
 14        SECTION 1.  That Section 65-202, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        65-202.  POWERS  AND DUTIES. The administrator of the division of veterans
 17    services shall have full power and authority on behalf of the state of  Idaho,
 18    in  recognition  of  the services rendered by disabled or destitute servicemen
 19    and servicewomen honorably discharged from veterans of the armed forces of the
 20    United States, to oversee the management and operation of the  veterans  homes
 21    in  the  state,  and  provide  such  care and extend such financial relief and
 22    assistance to said disabled or destitute, honorably discharged servicemen  and
 23    servicewomen  veterans  of the armed forces of the United States. Further, the
 24    administrator shall extend financial relief and assistance to disabled or des-
 25    titute wartime veterans and to those dependent upon such honorably discharged,
 26    disabled or destitute servicemen and servicewomen wartime veterans as the com-
 27    mission shall determine to be reasonably required by such disabled  or  desti-
 28    tute  servicemen and servicewomen and their dependents under such rules as the
 29    administrator may, from time to time, adopt; and said administrator shall have
 30    power and authority to render such financial assistance to any  person  honor-
 31    ably  discharged from the armed forces of the United States, regardless of the
 32    period during which he or she shall have served; provided,  however,  that  no
 33    financial  aid  or  direct  relief  shall  be granted to any discharged person
 34    unless he or she shall have served during one (1) of the  periods  hereinafter
 35    referred  to and shall come under the definition of veteran set out in section
 36    65-203, Idaho Code.
 37        With the approval of the commission, the administrator may  prescribe  the
 38    qualifications  of  all  personnel  on a nonpartisan merit basis in accordance
 39    with the Idaho personnel system law for employment of  personnel  in  veterans
 40    homes the division of veterans services.
                                                                        
 41        SECTION  2.  That  Section  65-203, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        65-203.  "VETERAN" DEFINED. (1) The word term "veteran," as used  in  this
  2    chapter, shall include any honorably discharged person who is a bona fide res-
  3    ident of the state of Idaho, and who served on active duty in the armed forces
  4    of  the  United  States  military, naval, or air service and was discharged or
  5    separated under honorable conditions after  ninety  (90)  days  of  continuous
  6    active duty, or was separated or discharged from military service earlier than
  7    ninety  (90)  days  under  honorable conditions because of a service-connected
  8    disability.
  9        (2)  The term "wartime veteran," as used in this  chapter,  shall  include
 10    any  person  who  is  a bona fide resident of the state of Idaho who served on
 11    active duty in the United States armed forces at some time during  any  period
 12    of  war recognized by the United States department of veterans affairs for the
 13    purpose of awarding federal veterans benefits as may be defined in  title  38,
 14    U.S.  code,  chapter 1, section 101(11), or, who, served on active duty in the
 15    naval, military or air forces of any of the governments  associated  with  the
 16    United  States during said periods; provided, that no person shall be entitled
 17    to any benefits under this chapter who being in the armed forces of the United
 18    States or of any of the governments associated with the United  States  during
 19    said  periods,  refused  on  conscientious, political, or other grounds, to be
 20    subject to military discipline or unqualified service; provided, however, that
 21    nothing in this chapter contained shall prevent said  Idaho  veterans  affairs
 22    commission  from  rendering every possible aid and assistance to any honorably
 23    discharged veteran, or his or her dependents, except grants of  direct  relief
 24    shall  be confined to veterans and their dependents as defined herein. Any aid
 25    or assistance, which is determined by the commission to be duplicated  in  any
 26    manner  by  any other agency or organization, may not be rendered by said com-
 27    mission who was separated  or  discharged  under  honorable  conditions  after
 28    ninety (90) days of continuous active duty or was separated or discharged from
 29    military  service earlier under honorable conditions because of a service-con-
 30    nected disability.
                                                                        
 31        SECTION 3.  That Section 66-901, Idaho Code, be, and the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33        66-901.  ESTABLISHMENT OF HOMES. On and after July 1, 2000, there shall be
 34    established  in  the  division of veterans services in the department of self-
 35    governing agencies in this state homes for veterans which shall  hereafter  be
 36    known  and  designated as Idaho state veterans homes, which institutions shall
 37    be homes for honorably discharged male and female veterans who had actual ser-
 38    vice during any war or conflict officially engaged in discharged under  honor-
 39    able conditions by the government of the United States; and for members of the
 40    state  national  guard  disabled  while in the line of duty who did not refuse
 41    military duty on account of conscientious objection; provided, that  before  a
 42    person is admitted to a home he shall be a bona fide resident of this state.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 10822
The purpose of this legislation is to allow peacetime veterans
eligibility for admission to the State's veterans homes and at
the same time allowing the state to increase its occupancy rate, 
thus reducing the cost per resident and increasing fiscal
efficiency relative to operation of the State's veterans homes.
                          FISCAL IMPACT

No negative fiscal impact is anticipated by approval of this
bill.  A positive fiscal impact should occur if the vacancy rate
is reduced and efficiencies in cost are realized because of
increased resident numbers.

Contact
Name: Rep. Eskridge 
Phone: 208/1000
Reps. Stone, Young, Tilman, Denney
Sen. Schroeder


STATEMENT OF PURPOSE/FISCAL NOTE                        H 140