Print Friendly HOUSE BILL NO. 227 – Veterans, burial & plot allowance
HOUSE BILL NO. 227
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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,
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
]]]] 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-
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
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
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.
There is no fiscal impact.
Name: Rep. George Eskridge
Name: Rep. Lawerence Denney
Name: Pat Teague, Division of Veteran's Services
STATEMENT OF PURPOSE/FISCAL NOTE H 227