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H0428...................................................by LOCAL GOVERNMENT VETERANS SERVICES - Amends and adds to existing law to authorize the Division of Veterans Services to enter into contracts and accept donations and funds and to operate and maintain a veterans cemetery; to delete certain authorities of the administrator of the Division of Veterans Services; to provide for the administration of an Idaho State Veterans Cemetery by the Division of Veterans Services; to provide that the State Veterans Cemetery shall not be subject to local land use planning ordinances; to revise the powers and duties of the administrator; to allow the Division of Veterans Services to accept moneys and property and to enter into contracts and to administer, with the advice and approval of the Veterans Affairs Commission, the Veterans Cemetery Maintenance Fund; and to authorize cemetery maintenance districts to transfer property to other public entities. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Loc Gov 01/25 Rpt out - rec d/p - to 2nd rdg 01/28 2nd rdg - to 3rd rdg 01/29 3rd rdg - PASSED - 66-0-4 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Ellis, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young NAYS -- None Absent and excused -- Black, Denney, Eskridge, Mr. Speaker Floor Sponsor - Tilman Title apvd - to Senate 01/30 Senate intro - 1st rdg - to Loc Gov 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Dunklin, Sandy Floor Sponsor - Hawkins Title apvd - to House 02/19 To enrol 02/20 Rpt enrol - Sp signed 02/21 Pres signed 02/22 To Governor 02/27 Governor signed Session Law Chapter 49 Effective: 11/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 428 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE DIVISION OF VETERANS SERVICES; AMENDING SECTION 65-107, IDAHO 3 CODE, TO AUTHORIZE THE DIVISION TO ENTER INTO CONTRACTS AND ACCEPT DONA- 4 TIONS AND FUNDS AND PERSONAL PROPERTY TO OPERATE AND MAINTAIN A VETERANS 5 CEMETERY AND TO DELETE CERTAIN AUTHORITIES OF THE ADMINISTRATOR OF THE 6 DIVISION OF VETERANS SERVICES; AMENDING CHAPTER 1, TITLE 65, IDAHO CODE, 7 BY THE ADDITION OF A NEW SECTION 65-108, IDAHO CODE, TO PROVIDE FOR THE 8 ADMINISTRATION OF AN IDAHO STATE VETERANS CEMETERY BY THE DIVISION OF VET- 9 ERANS SERVICES AND TO PROVIDE THAT THE STATE VETERANS CEMETERY SHALL NOT 10 BE SUBJECT TO LOCAL LAND USE PLANNING ORDINANCES PURSUANT TO THE LOCAL 11 PLANNING ACT; AMENDING SECTION 65-202, IDAHO CODE, TO REVISE THE POWERS 12 AND DUTIES OF THE ADMINISTRATOR, TO ALLOW THE DIVISION TO ACCEPT MONEYS 13 AND PERSONAL PROPERTY, TO ENTER INTO CONTRACTS AND TO ADMINISTER, WITH THE 14 ADVICE AND APPROVAL OF THE VETERANS AFFAIRS COMMISSION, THE VETERANS CEME- 15 TERY MAINTENANCE FUND; AMENDING SECTION 67-2322, IDAHO CODE, TO AUTHORIZE 16 CEMETERY MAINTENANCE DISTRICTS TO TRANSFER PROPERTY TO OTHER PUBLIC ENTI- 17 TIES AND TO MAKE A TECHNICAL CORRECTION; DECLARING AN EMERGENCY AND PRO- 18 VIDING RETROACTIVE APPLICATION. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 65-107, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 65-107. VETERANS CEMETERY MAINTENANCE FUND. (1) There is hereby created 23 in the state treasury a fund to be known as the "veterans cemetery maintenance 24 fund" to which shall be deposited the revenues derived from the program fees 25 for special veterans motor vehicle license plates as provided in section 26 49-418, Idaho Code, gifts, grants, contributions and bequests to the fund and 27 any other moneys as may be provided by law. Interest earned on idle moneys in 28 the veterans cemetery maintenance fund shall be paid to such fund. 29 (2) Benefits paid by the United States department of veterans affairs for 30 burial and plot allowance for persons interred at the state veterans cemetery 31 shall be deposited by the administrator of the division of veterans services 32 as authorized and directed in section 65-202, Idaho Code. 33 (3) Moneys in the fund shall be used exclusively for the purposes of 34 operating,andmaintaining and acquiring services and personal property for a 35 state veterans cemetery, and moneys shall be continuously appropriated for 36 such purposes. 37(4) The administrator of the division of veterans services shall have the38authority and the responsibility, with the advice and approval of the Idaho39veterans affairs commission created in section 65-201, Idaho Code, to adminis-40ter moneys for the purposes indicated.41 SECTION 2. That Chapter 1, Title 65, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 1 ignated as Section 65-108, Idaho Code, and to read as follows: 2 65-108. IDAHO STATE VETERANS CEMETERY. The operation, management and con- 3 trol, maintenance and improvement of the lands and property belonging to the 4 state of Idaho or acquired by the state of Idaho, for a state veterans ceme- 5 tery is hereby vested in the division of veterans services. Title to real 6 property belonging to the state of Idaho for a veterans cemetery shall be 7 vested in the state board of land commissioners. The state board of land com- 8 missioners may purchase, receive by donation or in any manner acquire real 9 property on behalf of the state of Idaho for a veterans cemetery, within the 10 limit of funds available therefore. The state veterans cemetery shall not be 11 subject to local land use planning ordinances established pursuant to chapter 12 65, title 67, Idaho Code. 13 SECTION 3. That Section 65-202, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 65-202. POWERS AND DUTIES. The administrator of the division of veterans 16 services shall have full power and authority on behalf of the state of Idaho, 17 in recognition of the services rendered by veterans of the armed forces of the 18 United States, to: 19 (1) Ooversee the management and operation of the veterans homes in the 20 state and the state veterans cemetery, and providesuchcare to veterans of 21 the armed forces of the United States. Further, the administrator shallunder 22 such rules as the administrator may from time to time adopt. 23 (2) Eextend financial relief and assistance to disabled or destitute war- 24 time veterans and to those dependent upon such disabled or destitute wartime 25 veterans as the commission shall determine to be reasonably required under 26 such rules as the administrator may, from time to time, adopt.The administra-27tor is further authorized to28 (3) Ccollect benefits paid by the United States department of veterans 29 affairs for burial and plot allowance for persons interred at the state vet- 30 erans cemetery and the administrator is hereby directed to cause such benefits 31 to be deposited in the veterans cemetery maintenance fund established in sec- 32 tion 65-107, Idaho Code. 33 (4) Prescribe, wWith the approval of the commission,the administrator34may prescribethe qualifications of all personnelon a nonpartisan merit basis35 in accordance with the Idaho personnel system law.for employment of personnel36in the division of veterans services.37 (5) Accept gifts, grants, contributions and bequests of funds, and per- 38 sonal property to the state of Idaho for the benefit of veterans of the armed 39 forces of the United States. 40 (6) Enter into contracts, within the limit of funds available therefor, 41 acquire services and personal property, and do and perform any acts that may 42 be necessary in the administration of services to veterans of the armed forces 43 of the United States. 44 (7) Administer, with the advice and approval of the commission, moneys in 45 the veterans cemetery maintenance fund established in section 65-107, Idaho 46 Code. 47 SECTION 4. That Section 67-2322, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 67-2322. TRANSFER OF PROPERTY BY LOCAL UNIT OF GOVERNMENT TO OTHER GOV- 50 ERNMENT BODY AUTHORIZED. In addition to any other general or special powers 3 1 vested in counties, school districts,juniorcommunity college districts, 2 highway districts, fire districts, irrigation districts, drainage districts, 3 sewer districts, hospital districts, health districts, cemetery maintenance 4 districts and airports for the performance of their respective functions, 5 powers or duties on an individual, cooperative, joint or contract basis, said 6 units of the government or districts shall have the power to convey or trans- 7 fer real or personal property to another such unit or to the United States, 8 state of Idaho, any city or village with or without consideration. Such con- 9 veyance or transfer may be made without consideration or payment when it is in 10 the best interest of the public in the judgment of the governing body of the 11 granting unit. 12 SECTION 5. An emergency existing therefor, which emergency is hereby 13 declared to exist, this act shall be in full force and effect on and after its 14 passage and approval, and retroactively to November 1, 2001.
STATEMENT OF PURPOSE RS 11533C1 This bill is necessary to authorize the Division of Veterans Services and the Veterans Cemetery Maintenance Fund to receive gifts and grants for the benefit of the United States veterans and acquire services and property necessary to the establishment of a state veterans cemetery and the provision of other services to veterans. This bill further provides the same authority for government-to-government transfers to the cemetery maintenance districts as currently exists in law for most governmental entities. This government-to-government transfer authority will allow the division of veterans services to acquire additional property necessary for the establishment of the state veterans cemetery. FISCAL IMPACT There is no fiscal impact to the State of Idaho. Contact Name: Richard Jones, Administrator Division of Veterans Services Phone: (208)334-3513 STATEMENT OF PURPOSE/FISCAL NOTE H 428