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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, 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
]]]] 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 for23 burial and plot allowance for persons interred at the state veterans cemetery24 and charges related to interment, disinterment and reinterment in the state25 veterans cemetery shall be deposited by the administrator of the division of26 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 in8 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 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