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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 51
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MILITARY RESERVISTS; AMENDING SECTION 32-717, IDAHO CODE, TO PRO-
3 VIDE RIGHTS OF MILITARY RESERVISTS IN CHILD CUSTODY MATTERS; AND AMENDING
4 SECTION 33-3719, IDAHO CODE, TO PROVIDE RIGHTS OF MILITARY RESERVISTS IN
5 EDUCATIONAL MATTERS AND TO MAKE A TECHNICAL CORRECTION.
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
2
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
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.
CONTACT
Name: David Dahle
Agency: Military Division
Phone: 422-5474
STATEMENT OF PURPOSE/FISCAL NOTE H 51