2005 Legislation
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HOUSE BILL NO. 227 – Veterans, burial & plot allowance

HOUSE BILL NO. 227

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Bill Status



H0227......................................................by STATE AFFAIRS
VETERANS AFFAIRS - Amends existing law to delete language requiring the
Administrator of the Division of Veterans Services to cause benefits from
the United States Department of Veterans Affairs for burial and plot
allowance to be deposited in the Veterans Cemetery Maintenance Fund.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to St Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Cannon, Lake, Stevenson
    Floor Sponsor - Eskridge
    Title apvd as corrected - to Senate
03/08    Senate intro - 1st rdg - to St Aff
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/11    Governor signed
         Session Law Chapter 337
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 227
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DIVISION OF VETERANS SERVICES; AMENDING SECTION 65-107,  IDAHO
  3        CODE,  TO  DELETE  LANGUAGE  REGARDING  BENEFITS PAID BY THE UNITED STATES
  4        DEPARTMENT OF VETERANS AFFAIRS FOR BURIAL AND PLOT ALLOWANCE FROM THE VET-
  5        ERANS CEMETERY MAINTENANCE FUND; AND AMENDING SECTION 65-202, IDAHO  CODE,
  6        TO DELETE LANGUAGE REQUIRING THE ADMINISTRATOR OF THE DIVISION OF VETERANS
  7        SERVICES  TO  CAUSE BENEFITS FROM THE UNITED STATES DEPARTMENT OF VETERANS
  8        AFFAIRS FOR BURIAL AND PLOT ALLOWANCE TO BE DEPOSITED IN THE VETERANS CEM-
  9        ETERY MAINTENANCE FUND.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 65-107, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        65-107.  VETERANS  CEMETERY  MAINTENANCE FUND. (1) There is hereby created
 14    in the state treasury a fund to be known as the "veterans cemetery maintenance
 15    fund" to which shall be deposited the revenues derived from the  program  fees
 16    for  special  veterans  motor  vehicle  license  plates as provided in section
 17    49-418, Idaho Code, gifts, grants, contributions and  bequests  to  the  fund,
 18    revenues  derived  from  the  sale of state commemorative silver medallions as
 19    authorized in section 67-1223, Idaho Code, and any other moneys as may be pro-
 20    vided by law. Interest earned on idle moneys in the veterans cemetery  mainte-
 21    nance fund shall be paid to such fund.
 22        (2)  Benefits paid by the United States department of veterans affairs for
 23    burial  and plot allowance for persons interred at the state veterans cemetery
 24    and charges related to interment, disinterment and reinterment  in  the  state
 25    veterans  cemetery  shall be deposited by the administrator of the division of
 26    veterans services as authorized and directed in section 65-202, Idaho Code.
 27        (3)  Moneys in the fund shall be used  exclusively  for  the  purposes  of
 28    operating,  maintaining  and  acquiring  services  and personal property for a
 29    state veterans cemetery, and moneys shall  be  continuously  appropriated  for
 30    such purposes.
                                                                        
 31        SECTION  2.  That  Section  65-202, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        65-202.  POWERS AND DUTIES. The administrator of the division of  veterans
 34    services  shall have full power and authority on behalf of the state of Idaho,
 35    in recognition of the services rendered by veterans of the armed forces of the
 36    United States, to:
 37        (1)  Oversee the management and operation of the  veterans  homes  in  the
 38    state  and  the  state  veterans cemetery, and provide care to veterans of the
 39    armed forces of the United States under such rules as  the  administrator  may
 40    from time to time adopt.
 41        (2)  Extend  financial relief and assistance to disabled or destitute war-
                                                                        
                                           2
                                                                        
  1    time veterans and to those dependent upon such disabled or  destitute  wartime
  2    veterans  as  the  commission  shall determine to be reasonably required under
  3    such rules as the administrator may, from time to time, adopt.
  4        (3)  Collect benefits paid by the United  States  department  of  veterans
  5    affairs  for  burial and plot allowance for persons interred at the state vet-
  6    erans cemetery. and the administrator is hereby directed to cause  such  bene-
  7    fits  to be deposited in the veterans cemetery maintenance fund established in
  8    section 65-107, Idaho Code.
  9        (4)  Prescribe, with the approval of the commission, the qualifications of
 10    all personnel in accordance with the Idaho personnel system law. The  adminis-
 11    trators  in charge of state veterans homes and the office of veterans advocacy
 12    shall be considered nonclassified exempt employees pursuant to the  provisions
 13    of  chapter  53,  title 67, Idaho Code, and shall serve at the pleasure of the
 14    administrator of the division of veterans services.
 15        (5)  Accept gifts, grants, contributions and bequests of funds,  and  per-
 16    sonal  property to the state of Idaho for the benefit of veterans of the armed
 17    forces of the United States.
 18        (6)  Enter into contracts, within the limit of funds  available  therefor,
 19    acquire  services  and personal property, and do and perform any acts that may
 20    be necessary in the administration of services to veterans of the armed forces
 21    of the United States.
 22        (7)  Administer, with the advice and approval of the commission, moneys in
 23    the veterans cemetery maintenance fund established in  section  65-107,  Idaho
 24    Code.
 25        (8)  Establish  by  rule  charges  related  to interment, disinterment and
 26    reinterment in the state veterans cemetery and  the  administrator  is  hereby
 27    directed  to cause such charges to be deposited in the veterans cemetery main-
 28    tenance fund established in section 65-107, Idaho Code.
 29        (9)  In his discretion, assume control of the cremated remains of deceased
 30    persons qualified for interment in the  state  veterans  cemetery,  apply  for
 31    burial  and  plot  allowance  benefits paid by the United States department of
 32    veterans affairs for such deceased persons and inter  in  the  state  veterans
 33    cemetery  the  cremated remains of deceased persons qualified for interment in
 34    the state veterans cemetery.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14852

Sections 65-107 and 65-202, Idaho Code, require that benefits
paid by the U.S. Dept. Of Veterans Affairs for burial and plot
allowances are to be placed in fund 0211; however, the budget
appropriation is in Miscellaneous Receipts and the Veterans
Cemetery Maintenance Fund is a continuous appropriation.  These
funds are dedicated to the Veterans Cemetery Maintenance Fund but
come to the Division of Veterans Services as miscellaneous
receipts.  This legislation merely directs that these funds be
placed in fund 0439, the appropriate fund for these receipts.


                          FISCAL IMPACT

There is no fiscal impact.




Contact
Name:  Rep. George Eskridge 
Phone: 332-1270
Name:  Rep. Lawerence Denney
Phone: 332-1222
Name:  Pat Teague, Division of Veteran's Services
Phone: 334-3513



STATEMENT OF PURPOSE/FISCAL NOTE                  H 227