View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2002
IN 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, and maintaining 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 the
38 authority and the responsibility, with the advice and approval of the Idaho
39 veterans affairs commission created in section 65-201, Idaho Code, to adminis-
40 ter 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 provide such care to veterans of
21 the armed forces of the United States. Further, the administrator shall under
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-
27 tor is further authorized to
28 (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 administrator
34 may prescribe the qualifications of all personnel on a nonpartisan merit basis
35 in accordance with the Idaho personnel system law. for employment of personnel
36 in 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, junior community 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