2002 Legislation
Print Friendly

HOUSE BILL NO. 428 – Veterans cemetery, moneys/mngmnt

HOUSE BILL NO. 428

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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