2007 Legislation
Print Friendly

HOUSE BILL NO. 51 – Military reservist, active, rights


View Bill Status

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.

Bill Status

H0051.........................................by TRANSPORTATION AND DEFENSE
MILITARY RESERVISTS - Amends existing law to provide rights of military
reservists in child custody matters; and to provide rights of military
reservists in educational matters.
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Transp
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail,
      Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Lake, Mortimer, Schaefer, Smith(24), Wood(35)
    Floor Sponsor - Kren
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to St Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed
03/15    Pres signed - To Governor
03/20    Governor signed
         Session Law Chapter 108
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 51
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section  32-717, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        32-717.  CUSTODY OF CHILDREN --  BEST  INTEREST.  (1)  In  an  action  for
 10    divorce  the court may, before and after judgment, give such direction for the
 11    custody, care and education of the children of the marriage as may seem neces-
 12    sary or proper in the best interests of the children. The court shall consider
 13    all relevant factors which may include:
 14        (a)  The wishes of the child's parent or parents as to his or her custody;
 15        (b)  The wishes of the child as to his or her custodian;
 16        (c)  The interaction and interrelationship of the child with  his  or  her
 17        parent or parents, and his or her siblings;
 18        (d)  The child's adjustment to his or her home, school, and community;
 19        (e)  The character and circumstances of all individuals involved;
 20        (f)  The  need  to  promote  continuity  and  stability in the life of the
 21        child; and
 22        (g)  Domestic violence as defined in section 39-6303, Idaho Code,  whether
 23        or not in the presence of the child.
 24        (2)  If the parent has a disability as defined in this section, the parent
 25    shall  have the right to provide evidence and information regarding the manner
 26    in which the use of adaptive equipment or supportive services will enable  the
 27    parent  to  carry  out  the responsibilities of parenting the child. The court
 28    shall advise the parent of such right. Evaluations of parental  fitness  shall
 29    take  into  account  the use of adaptive equipment and supportive services for
 30    parents with disabilities and shall be conducted by, or  with  the  assistance
 31    of, a person who has expertise concerning such equipment and services. Nothing
 32    in this section shall be construed to create any new or additional obligations
 33    on  state  or  local  governments to purchase or provide adaptive equipment or
 34    supportive services for parents with disabilities.
 35        (3)  In any case where the child is actually residing with  a  grandparent
 36    in  a  stable  relationship, the court may recognize the grandparent as having
 37    the same standing as a parent for evaluating what custody arrangements are  in
 38    the best interests of the child.
 39        (4)  As used in this chapter:
 40        (a)  "Adaptive equipment" means any piece of equipment or any item that is
 41        used to increase, maintain or improve the parenting capabilities of a par-
 42        ent with a disability.
 43        (b)  "Disability"  means,  with  respect  to  an individual, any mental or
  1        physical impairment which substantially limits one (1) or more major  life
  2        activities  of  the  individual  including, but not limited to, self-care,
  3        manual tasks, walking, seeing, hearing, speaking, learning or working,  or
  4        a  record  of  such  an  impairment,  or  being regarded as having such an
  5        impairment. Disability shall  not  include  transvestism,  transsexualism,
  6        pedophilia,  exhibitionism,  voyeurism,  other  sexual behavior disorders,
  7        substance use disorders, compulsive gambling,  kleptomania  or  pyromania.
  8        Sexual  preference or orientation  is not considered an impairment or dis-
  9        ability. Whether an impairment substantially limits a major life  activity
 10        shall  be  determined without consideration of the effect of corrective or
 11        mitigating measures used to reduce the effects of the impairment.
 12        (c)  "Supportive services" means services which assist  a  parent  with  a
 13        disability  to  compensate  for  those  aspects  of their disability which
 14        affect their ability to care for their child and which will enable them to
 15        discharge their parental responsibilities. The term  includes  specialized
 16        or  adapted  training,  evaluations,  or  assistance with effective use of
 17        adaptive equipment, and accommodations which allow a parent  with  a  dis-
 18        ability to benefit from other services, such as braille texts or sign lan-
 19        guage interpreters.
 20        (5)  Nothing in this chapter shall be construed to allow discrimination on
 21    the basis of disability. In any case where the disability of a parent is found
 22    by the court to be relevant to an award of custody of a child, the court shall
 23    make  specific findings concerning the disability and what effect, if any, the
 24    court finds the disability has on the best interests of the child.
 25        (6)  With reference to this section, when an active member  of  the  Idaho
 26    national  guard  has  been  ordered  or  called  to duty as defined in section
 27    46-409, Idaho Code, or when a member of the military  reserve  is  ordered  to
 28    active  federal service under title 10, United States Code, such military ser-
 29    vice thereunder shall not be a substantial or material and permanent change in
 30    circumstance to modify by reducing the member's previously decreed child  cus-
 31    tody and visitation privileges.
 32        SECTION  2.  That  Section 33-3719, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
 34        33-3719.  STUDENT CALLED TO ACTIVE DUTY. Whenever any active member of the
 35    Idaho national guard is called or ordered by the governor to state active duty
 36    for thirty (30) consecutive days or more, or to duty other than  for  training
 37    pursuant  to  title  32,  U.S.C.,  or  called  or ordered by competent federal
 38    authority into active federal service under title 10, U.S.C., for  duty  other
 39    than for training for thirty (30) consecutive days or more, or whenever a mem-
 40    ber of any reserve United States military force is ordered to said active fed-
 41    eral  service, an educational institution in this state in which the member is
 42    enrolled shall grant the member military leave of absence from his  education.
 43    Individuals  on  military leave of absence from their educational institution,
 44    upon release from military duty, shall be restored to the  educational  status
 45    they  had  attained prior to their being ordered to military duty without loss
 46    of academic credits earned, scholarships or grants  awarded,  or  tuition  and
 47    other  fees  paid  prior to the commencement of the military duty. It shall be
 48    the duty of the educational institution to refund tuition or fees or to credit
 49    the tuition, scholarships, grants and fees to the next  academic  semester  or
 50    term after the termination of the educational military leave of absence at the
 51    option of the student.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 16655
This proposal amends the existing sections I.C. 32-717 and I.C. 33-3719 
to extend legal protections previously given to deploying members of 
the state National Guard, to other members of the militaryreserves when 
they deploy.

                          FISCAL NOTE
There is no fiscal impact from this proposal.


Name:     David Dahle
Agency:   Military Division
Phone:    422-5474
STATEMENT OF PURPOSE/FISCAL NOTE                               H 51