reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 1 - SERVICE MEN’S MEMORIALS › Section 65-107 - VETERANS CEMETERY MAINTENANCE FUND.

65-107. VETERANS CEMETERY MAINTENANCE FUND. (1) There is hereby created in the state treasury a fund to be known as the "veterans cemetery maintenance fund" to which shall be deposited the revenues derived from the program fees for special veterans motor vehicle license plates as provided in section 49-418, Idaho Code, gifts, grants, contributions and bequests to the fund, revenues derived from the sale of state commemorative silver medallions as authorized in section 67-1223, Idaho Code, and any other moneys as may be provided by law. Interest earned on idle moneys in the veterans cemetery maintenance fund shall be paid to such fund.
(2) Moneys in the fund shall be used exclusively for the purposes of operating, maintaining and acquiring services and personal property for a state veterans cemetery, and moneys shall be continuously appropriated for such purposes.
History:
[65-107, added 2000, ch. 464, sec. 2, p. 1438; am. 2001, ch. 199, sec. 1, p. 678; am. 2002, ch. 49, sec. 1, p. 111; am. 2003, ch. 42, sec. 1, p. 163; am. 2003, ch. 369, sec. 3, p. 981; am. 2005, ch. 337, sec. 1, p. 1054.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 1 - SERVICE MEN’S MEMORIALS › Section 65-108 - IDAHO STATE VETERANS CEMETERIES.

65-108. IDAHO STATE VETERANS CEMETERIES. The operation, management and control, maintenance and improvement of the lands and property belonging to the state of Idaho or acquired by the state of Idaho for a state veterans cemetery is hereby vested in the division of veterans services. Title to real property belonging to the state of Idaho for a veterans cemetery shall be vested in the state board of land commissioners. The state board of land commissioners may purchase, receive by donation or in any manner acquire real property on behalf of the state of Idaho for a veterans cemetery, within the limit of funds available therefor. A state veterans cemetery shall not be subject to local land use planning ordinances established pursuant to chapter 65, title 67, Idaho Code.
History:
[65-108, added 2002, ch. 49, sec. 2, p. 111; am. 2018, ch. 66, sec. 2, p. 157.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-201 - DIVISION OF VETERANS SERVICES — CREATION OF COMMISSION — APPOINTMENT OF MEMBERS — DISCONTINUANCE OF COMMISSION — RECEIPT OF PROPERTY.

65-201. DIVISION OF VETERANS SERVICES — CREATION OF COMMISSION — APPOINTMENT OF MEMBERS — DISCONTINUANCE OF COMMISSION — RECEIPT OF PROPERTY. (1) There is hereby established in the department of self-governing agencies the division of veterans services. The division shall be headed by an administrator who shall be appointed by the governor from a nomination list of eligible candidates for administrator submitted by the veterans affairs commission. The administrator may be removed from office by the governor only with the consent of the veterans affairs commission.
(2) There is hereby created an advisory commission to be known as the Idaho veterans affairs commission to consist of five (5) persons, all of whom shall be appointed by the governor of the state of Idaho. Said appointees shall have had active service in any war or conflict officially engaged in by the government of the United States and have been honorably discharged from such service. No more than two (2) of said commission shall be residents of the same judicial district of the state of Idaho. Upon the expiration of a member’s term, the subsequent appointment shall be made by the governor and shall be for a term of three (3) years. Such subsequent terms shall expire on the third Monday in January of the appropriate year. The governor shall have power to fill any and all vacancies occurring in said commission. The governor shall have the further full power to discontinue said commission by proclamation whenever the governor determines that the government of the United States, or the state of Idaho, shall have made adequate provision for the care and assistance of honorably discharged and destitute veterans of the armed forces.
(3) All rights, title and interest in property, real and personal, held by the department of health and welfare for use in exercising the powers and duties transferred to the division of veterans services by chapter 59, laws of 2000, are hereby transferred to and vested in the division of veterans services.
History:
[(65-201) 1921, ch. 46, sec. 1, p. 73; I.C.A., sec. 63-201; am. 1957, ch. 132, sec. 1, p. 222; am. 1969, ch. 37, sec. 1, p. 91; am. 1974, ch. 23, sec. 174, p. 633; am. 1985, ch. 186, sec. 1, p. 482; am. 1990, ch. 56, sec. 3, p. 130; am. 2000, ch. 59, sec. 2, p. 126; am. 2006, ch. 33, sec. 1, p. 97.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-203 - “VETERAN” DEFINED.

65-203. "VETERAN" DEFINED. (1) The term "veteran," as used in this chapter, shall include any person who is a bona fide resident of the state of Idaho, who served on active duty in the United States military, naval, or air service and was discharged or separated under honorable conditions after ninety (90) days of continuous active duty, or was separated or discharged from military service earlier than ninety (90) days under honorable conditions because of a service-connected disability.
(2) The term "wartime veteran," as used in this chapter, shall include any person who is a bona fide resident of the state of Idaho who served on active duty in the United States armed forces at some time during any period of war recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11), who was separated or discharged under honorable conditions after ninety (90) days of continuous active duty or was separated or discharged from military service earlier under honorable conditions because of a service-connected disability.
History:
[(65-203) 1921, ch. 46, sec. 3, p. 73; I.C.A., sec. 63-203; am. 1935, ch. 130, sec. 1, p. 305; am. 1943, ch. 20, sec. 2, p. 47; am. 1949, ch. 28, sec. 1, p. 47; am. 1957, ch. 132, sec. 3, p. 222; am. 1969, ch. 37, sec. 3, p. 91; am. 1976, ch. 216, sec. 1, p. 787; am. 1991, ch. 219, sec. 3, p. 524; am. 1992, ch. 53, sec. 1, p. 157; am. 2001, ch. 198, sec. 2, p. 677.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-204 - RULES — EMPLOYMENT OF ASSISTANTS.

65-204. RULES — EMPLOYMENT OF ASSISTANTS. The commission shall advise the administrator of the division of veterans services in the adoption of rules with respect to all matters of administration hereunder, including the establishment of standards and criteria for interment at a state veterans cemetery, and to carry into effect the purposes of this chapter and employ such assistants as it may deem advisable. The commission is authorized to name the administrator of the division of veterans services as executive secretary.
History:
[(65-204) 1921, ch. 46, sec. 4, p. 73; I.C.A., sec. 63-204; am. 1957, ch. 132, sec. 4, p. 222; am. 1974, ch. 23, sec. 176, p. 633; am. 1990, ch. 56, sec. 5, p. 131; am. 2000, ch. 59, sec. 4, p. 128; am. 2001, ch. 199, sec. 3, p. 679; am. 2018, ch. 66, sec. 4, p. 159.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-206 - COMPENSATION AND TRAVELING EXPENSES OF COMMISSIONERS.

65-206. COMPENSATION AND TRAVELING EXPENSES OF COMMISSIONERS. The members of said commission shall be compensated as provided by section 59-509(h), Idaho Code.
History:
[(65-206) 1921, ch. 46, sec. 7, p. 73; I.C.A., sec. 63-206; am. 1957, ch. 132, sec. 5, p. 222; am. 1976, ch. 182, sec. 1, p. 656; am. 1980, ch. 247, sec. 80, p. 647; am. 1991, ch. 150, sec. 1, p. 360.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-207 - CONSTRUCTION WITH OTHER LAWS — SEPARABILITY.

65-207. CONSTRUCTION WITH OTHER LAWS — SEPARABILITY. No act or portion of act in conflict with this chapter shall be construed as invalidating this chapter or any portion thereof. Should any portion of this chapter be declared unconstitutional, it shall not invalidate the other provisions thereof.
History:
[(65-207) 1921, ch. 46, sec. 8, p. 73; I.C.A., sec. 63-207.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-209 - VETERANS SUPPORT FUND.

65-209. VETERANS SUPPORT FUND. (1) There is hereby created in the state treasury the "Veterans Support Fund" to which shall be credited:
(a) The moneys designated under section 63-3067A, Idaho Code, and the moneys designated under section 49-403B, Idaho Code;
(b) Gifts, grants, contributions and bequests to the fund;
(c) Interest earned on the investment of idle moneys in the fund, which shall be paid to the fund; and
(d) All other moneys as may be provided by law.
(2) Moneys in the fund shall be used exclusively for the purposes of programs to support veterans and to defray the costs of administering gold star license plate eligibility pursuant to section 49-403B, Idaho Code. Moneys in the fund shall be continuously appropriated for such purposes.
(3) Disbursements of moneys from the fund shall be made upon authorization of the administrator of the division of veterans services.
History:
[65-209, added 2008, ch. 17, sec. 2, p. 24; am. 2009, ch. 213, sec. 2, p. 673; am. 2014, ch. 17, sec. 2, p. 25; am. 2019, ch. 116, sec. 6, p. 443.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 2 - DIVISION OF VETERANS SERVICES — VETERANS AFFAIRS COMMISSION › Section 65-210 - VETERANS HOME.

65-210. VETERANS HOME. (1) The division of veterans services is hereby authorized to establish and maintain a veterans home in northern Idaho at a location selected by the division administrator with the advice of the veterans affairs commission.
(2) The state shall provide thirty-five percent (35%) matching funds necessary to qualify for federal funding for:
(a) Construction of the veterans home authorized by this section; and
(b) Operation of the veterans home authorized by this section, which operation shall comply with applicable federal regulations, including 38 CFR 51, as well as the rules of the division of veterans services.
(3) The state’s matching funds shall be provided from the veterans recognition fund established in section 65-702, Idaho Code, and shall not exceed the amount in such fund.
History:
[65-210, added 2015, ch. 280, sec. 1, p. 1143.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 3 - OFFICIAL SERVICES FOR VETERANS › Section 65-302 - PARTIES AUTHORIZED TO REQUEST SERVICES.

65-302. PARTIES AUTHORIZED TO REQUEST SERVICES. Said services shall be rendered on the request of an official of the United States department of veterans affairs, the claimant, his or her guardian, personal representative, dependent or attorney.
History:
[(65-302) 1927, ch. 110, sec. 2, p. 152; I.C.A., sec. 63-302; am. 1995, ch. 3, sec. 2, p. 10.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 3 - OFFICIAL SERVICES FOR VETERANS › Section 65-303 - VIOLATION A MISDEMEANOR.

65-303. VIOLATION A MISDEMEANOR. The demanding, collection or receiving of any compensation or fee by the officers mentioned in this chapter shall be deemed a misdemeanor.
History:
[(65-303) 1927, ch. 110, sec. 3, p. 152; I.C.A., sec. 63-303.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-501 - STATEMENT OF PURPOSE.

65-501. STATEMENT OF PURPOSE. It is the intent of the legislature to honor veterans of the armed forces by providing preference in initial appointments to public sector jobs in Idaho. Veterans’ preference is intended to honor those citizens who have served their country in active duty by providing veterans a more favorable competitive position for government employment and acknowledging the larger sacrifice of disabled veterans. Eligible veterans are provided advantages in public employment in Idaho, including preference for initial employment and retention in the event of layoffs. Veterans’ preference requires public employers to provide additional consideration for eligible veterans, but it does not guarantee the veteran a job.
History:
[65-501, added 2006, ch. 51, sec. 1, p. 145; am. 2013, ch. 187, sec. 16, p. 464.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-503 - ELIGIBILITY FOR PREFERENCE.

65-503. ELIGIBILITY FOR PREFERENCE. The following individuals are eligible for preference:
(1) Veterans as defined in section 65-203, Idaho Code, and disabled veterans as defined in section 65-502, Idaho Code;
(2) A widow or widower of any veteran as long as he or she remains unmarried; and
(3) The wife or husband of a service-connected disabled veteran if the veteran cannot qualify for any public employment because of a service-connected disability.
History:
[(65-503) 65-502, added 1949, ch. 279, sec. 2, p. 571; am. 1972, ch. 51, sec. 1, p. 90; am. 1973, ch. 95, sec. 1, p. 163; am. 1976, ch. 197, sec. 1, p. 717; am. 1985, ch. 150, sec. 1, p. 400; am. 1991, ch. 303, sec. 1, p. 797; am. & redesig. 2006, ch. 51, sec. 4, p. 147; am. 2011, ch. 284, sec. 2, p. 774; am. 2020, ch. 44, sec. 2, p. 100.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-503A - EMPLOYER OBLIGATIONS.

65-503A. EMPLOYER OBLIGATIONS. (1) Public employers must give notice in all announcements and advertisements of vacancies that preference in appointment will be given to preference applicants. Application forms must inquire whether the applicant is claiming veterans’ preference and whether the applicant has previously claimed such a preference. An applicant claiming preference is responsible for providing required documentation at the time of making application. The employer must inform applicants of the requirements for documentation.
(2) In all public employment, excluding key employee positions, the hiring official shall give preference to preference eligible applicants.
(3) An application for appointment to a position will be accepted after the closing date of the examination from an applicant who was serving in the armed forces, or undergoing service-connected hospitalization up to one (1) year following discharge. The application must be submitted within one hundred twenty (120) days of the applicant’s separation from the armed forces or hospitalization, prior to the expiration of any register established as a result of the examination, and prior to the selection for the position.
(4) A disabled veteran may file an application at any time up until a selection has been made for any position for which a register is then maintained as a source for future job openings, or for which a register is about to be established, provided he or she has not already been examined twice for the same position and grade for which application is made, does not have current eligibility on that register, or is not serving in a competitive position in the same grade for which application is made. If a register is not used as a part of the selection process, a disabled veteran may file an application after the closing date, but such application will only be considered if a selection has not been made and the selection process is still active.
(5) An appointing authority may refuse to accept an application from an otherwise qualified preference eligible applicant who is deemed unqualified through his or her actions. Examples of such actions include dismissal for cause from a public entity, a felony conviction, or conduct unbecoming a public employee. Such refusal must be supported by good cause and is appealable pursuant to section 65-506, Idaho Code.
History:
[65-503A, added 2011, ch. 284, sec. 3, p. 775; am. 2013, ch. 187, sec. 17, p. 464.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-504 - BASIC PREFERENCE AND ADDITION OF POINTS TO COMPETITIVE EXAMINATION RATINGS.

65-504. BASIC PREFERENCE AND ADDITION OF POINTS TO COMPETITIVE EXAMINATION RATINGS. (1) An applicant who is preference eligible is entitled to a preference in initial appointment with a public employer over other applicants for the same position who are not more qualified.
(2) Application of preference in civil service positions:
(a) Five (5) points shall be added to the earned rating of any veteran and the widow or widower of any veteran as long as he or she remains unmarried. The names of all five (5) point preference eligible applicants shall be placed on the register in accordance with their augmented rating. The additional points added by reason of veterans’ preference shall be used only for the purpose of initial appointment and not for the purpose of any promotion, transfer or reassignment.
(b) Ten (10) points shall be added to the earned rating of veterans discharged under honorable conditions who qualify as disabled veterans because they have served on active duty in the armed forces at any time and have a current service-connected disability of ten percent (10%) or more. Alternatively, ten (10) points shall be added to the earned rating of the widow or widower of any disabled veteran as long as he or she remains unmarried or the spouse of any eligible disabled veteran who cannot qualify for any public employment because of a service-connected disability. The names of all ten (10) point preference eligible applicants shall be placed on the register in accordance with their augmented rating. The additional points added by reason of veterans’ preference shall be used only for the purpose of initial appointment and not for the purpose of any promotion, transfer or reassignment.
(c) Veterans discharged under honorable conditions who served on active duty in the armed forces at any time and have a current service-connected disability of thirty percent (30%) or more shall be offered an interview if they are one (1) of the qualified applicants on the register for the position. If applicants are not ranked, an interview must be offered to such veterans who fully meet all qualifications for the position. Notwithstanding this subsection, employers shall not be required to interview more than a total of ten (10) applicants regardless of the number of such qualified veteran applicants.
History:
[(65-504) 65-506, added 1949, ch. 279, sec. 6, p. 571; am. 1972, ch. 51, sec. 5, p. 90; am. 1972, ch. 356, sec. 1, p. 1060; am. 2001, ch. 214, sec. 1, p. 845; am. 2002, ch. 134, sec. 1, p. 365; am. and redesig. 2006, ch. 51, sec. 5, p. 148; am. 2011, ch. 284, sec. 4, p. 775; am. 2014, ch. 26, sec. 1, p. 33.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-505 - OFFICIALS TO OBSERVE PREFERENCE — EXCEPTIONS.

65-505. OFFICIALS TO OBSERVE PREFERENCE — EXCEPTIONS. All elective officers, department heads, boards, commissions and/or other public officials of all state, county or municipal governments and departments and all political subdivisions thereof, who may be authorized to select or hire employees, are hereby required to strictly observe this preference for veterans and disabled veterans when implementing a reduction in force, filling vacancies or selecting new employees, provided that this chapter shall not apply to key employee positions. This preference shall be granted without regard to political affiliation or endorsements to veterans and disabled veterans who are qualified for the position or positions to be filled. In the event of an emergency which may endanger the health, safety, and public welfare, the provisions of this chapter may be dispensed with temporarily, but in no event shall persons who were employed to meet such emergencies be permitted to work for a period of time exceeding ninety (90) days, except such employees who meet all the requirements provided for in the chapter.
History:
[(65-505) 65-504, added 1949, ch. 279, sec. 4, p. 571; am. 1972, ch. 51, sec. 3, p. 90; am. 1985, ch. 150, sec. 2, p. 401; am. 1991, ch. 303, sec. 2, p. 798; am. and redesig. 2006, ch. 51, sec. 6, p. 150.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-506 - FAILING OR REFUSING TO GIVE PREFERENCE — CIVIL LIABILITY.

65-506. FAILING OR REFUSING TO GIVE PREFERENCE — CIVIL LIABILITY. (1) Applicants who believe they have been denied a right or benefit under this chapter may file an appeal with the governing body of the jurisdiction or unit of government within thirty-five (35) days of the alleged denial of preference. If an applicant has notified the public employer of the applicant’s eligibility for preference pursuant to section 65-503A, Idaho Code, the public employer shall provide notice of the appeal process at the conclusion of the selection process. If the public employer does not initiate the appeal process within thirty-five (35) days of a written request by the applicant, the applicant may file an appeal directly in district court pursuant to subsection (3) of this section. The thirty-five (35) day period for appeal shall commence upon the issuance of notice of the appeal process by the public employer. If the public employer fails to issue such notice, the thirty-five (35) day period for appeal shall commence when the applicant becomes aware that he was not selected for the position.
(2) The division of human resources is authorized and directed to issue rules for the enforcement of this chapter. Such rules shall include, but are not limited to, procedures public employers may implement for an internal process that must be exhausted prior to gaining access to the courts.
(3) Any public employer who deliberately or willfully refuses or fails to give preference to qualified veterans required by the provisions of this chapter shall be subject to writs of mandate pursuant to sections 7-301 through 7-314, Idaho Code, and if found in violation of any such provisions shall be required to pay the costs of suit and reasonable attorney’s fees incurred in such action, and may further be required to employ or reemploy the veteran, and shall be required to pay as damages such amount as the court may award, but in no event shall the amount of such damages and costs of suit exceed the sum of five thousand dollars ($5,000) or ten percent (10%) of the annual salary of the position, whichever is higher. Such action must be commenced not more than one hundred eighty (180) days from the alleged denial of preference, provided however, applicants for classified state employment remain subject to the procedures set forth in section 67-5316, Idaho Code. If an appeal process is in place pursuant to subsection (1) of this section, the one hundred eighty (180) days will not begin until that process has been exhausted.
History:
[(65-506) 65-505, added 1949, ch. 279, sec. 5, p. 571; am. 1972, ch. 51, sec. 4, p. 90; am. and redesig. 2006, ch. 51, sec. 7, p. 150; am. 2011, ch. 284, sec. 5, p. 776; am. 2022, ch. 49, sec. 1, p. 150.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-507 - APPLICATION OF CHAPTER LIMITED.

65-507. APPLICATION OF CHAPTER LIMITED. This chapter shall not apply to work performed where federal funds are contributed, if in conflict with federal laws or regulations which restrict employment eligibility to specific individuals or groups.
History:
[(65-507) 65-508, added 1949, ch. 279, sec. 9, p. 571; am. and redesig. 2006, ch. 51, sec. 9, p. 151.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-508 - REEMPLOYMENT AND LEAVE OF ABSENCE.

65-508. REEMPLOYMENT AND LEAVE OF ABSENCE. All public employers shall comply with the reemployment, leave of absence, and other provisions of the uniformed services employment and reemployment rights act, 38 U.S.C. section 4301, et seq.
History:
[65-508, added 2006, ch. 51, sec. 10, p. 151.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-510 - RELATION TO OTHER LAWS.

65-510. RELATION TO OTHER LAWS. Any laws or parts of laws, which are inconsistent with the provisions of this chapter, or which would serve to defeat the purposes thereof, shall to such extent be deemed inapplicable to public employers and public employees in the exercise of the rights and privileges conferred by this chapter.
History:
[(65-510) 65-515, added 1951, ch. 175, sec. 6, p. 370; am. and redesig. 2006, ch. 51, sec. 13, p. 151.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-511 - SEVERABILITY.

65-511. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[65-511, added 2006, ch. 51, sec. 15, p. 152.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-512 - EDUCATION AND TECHNICAL ASSISTANCE.

65-512. EDUCATION AND TECHNICAL ASSISTANCE. To the extent of funds available therefor, the division of veterans services and the department of labor are authorized to provide programs of education and technical assistance to public employers, veterans and other interested parties concerning the provisions of this chapter.
History:
[65-512, added 2011, ch. 284, sec. 6, p. 777.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 5 - RIGHTS AND PRIVILEGES OF VETERANS › Section 65-513 - PREFERENCE BY PRIVATE EMPLOYERS.

65-513. PREFERENCE BY PRIVATE EMPLOYERS. A private, nonpublic employer may give preference in the hiring and promotion of employees to those who are eligible for preference under the provisions of section 65-503, Idaho Code.
History:
[65-513, added 2014, ch. 127, sec. 1, p. 360.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 6 - SERVICE OFFICERS FOR AID OF VETERANS › Section 65-601 - SERVICE OFFICER APPOINTED TO AID VETERANS OR DEPENDENTS.

65-601. SERVICE OFFICER APPOINTED TO AID VETERANS OR DEPENDENTS. The board of county commissioners of any county in the state shall have power and authority and in its discretion may appoint a service officer whose duty it shall be to give aid and assistance to any veteran, widow, widower or dependent thereof in applying to the federal or state veterans’ agencies for all benefits and aid to which the veteran, widow, widower or dependent thereof is entitled by federal, state or local laws, rules or regulations. Such appointment may, in the discretion of the board of county commissioners, be a separate office or additional duty imposed upon an existing county official, or [,] at the discretion of the board, such appointment may be made, and the expenses and salary thereof financed in conjunction with any service organization or organizations operating within the county.
History:
[65-601, added 1946 (1st E.S.), ch. 27, sec. 1, p. 32.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 6 - SERVICE OFFICERS FOR AID OF VETERANS › Section 65-602 - COMPENSATION AND OFFICE OF SERVICE OFFICER.

65-602. COMPENSATION AND OFFICE OF SERVICE OFFICER. The board of county commissioners shall fix the compensation, or a county contribution to the salary, of such service officer, provide the individual with an office and the necessary equipment therefor in the same manner as is provided for any other county officer under the provisions of section 31-1001, Idaho Code, and shall make provision in the budget for the employment of such service officer and the expense for the proper maintenance of such office. Payments therefor shall be from the general tax fund of the county or out of other available funds not otherwise appropriated.
History:
[65-602, added 1946 (1st E.S.), ch. 27, sec. 2, p. 32; am. 2009, ch. 277, sec. 2, p. 840.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-701 - PURPOSE.

65-701. PURPOSE. The purpose of this chapter is to establish a program to recognize the service of Idaho veterans. This chapter is intended to support programs or organizations that serve veterans.
History:
[65-701, added 2013, ch. 277, sec. 2, p. 716.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-702 - IDAHO VETERANS RECOGNITION FUND.

65-702. IDAHO VETERANS RECOGNITION FUND. (1) There is hereby created in the state treasury the "Idaho veterans recognition fund." The state treasurer is hereby granted the authority to invest the assets of the fund in any investment instruments authorized by the standards of the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code.
(2) The fund shall consist of moneys appropriated from excess earnings from funds maintained by the division of veterans services and shall maintain its interest and investment earnings generated by such moneys in the fund.
(3) Money in the fund shall be used solely to benefit veterans in Idaho, with priority given to activities that serve disabled veterans, and may include the use of matching funds for grants, funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities that enhance veterans services in the state of Idaho.
History:
[65-702, added 2013, ch. 277, sec. 2, p. 716; am. 2020, ch. 32, sec. 1, p. 67.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-703 - DISTRIBUTIONS FROM THE IDAHO VETERANS RECOGNITION FUND.

65-703. DISTRIBUTIONS FROM THE IDAHO VETERANS RECOGNITION FUND. (1) On the first business day of each July, or as necessary, the administrator of the division of veterans services, as directed by the Idaho veterans recognition committee, shall request the state controller to make a transfer or transfers to the Idaho veterans recognition income fund.
(2) As necessary, the administrator of the division of veterans services shall be authorized to request the state controller to make a transfer or transfers from the Idaho veterans recognition fund to the Idaho veterans recognition income fund to provide for matching grant funds and to provide funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities to enhance veterans services in the state of Idaho.
History:
[65-703, added 2013, ch. 277, sec. 2, p. 716; am. 2020, ch. 32, sec. 2, p. 67.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-704 - IDAHO VETERANS RECOGNITION INCOME FUND.

65-704. IDAHO VETERANS RECOGNITION INCOME FUND. (1) There is hereby created in the state treasury the "Idaho veterans recognition income fund."
(2) The fund shall consist of moneys transferred from the Idaho veterans recognition fund, and interest generated by such moneys in the fund shall be maintained by the division of veterans services.
(3) The fund shall be used solely to benefit veterans in Idaho, with priority given to activities that serve disabled veterans, and may include the use of matching funds for grants, funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities that enhance veterans services in the state of Idaho.
(4) Moneys in the Idaho veterans recognition income fund are subject to appropriation by the legislature.
(5) Any fiscal year-end revenue in the division of veterans services budget in excess of the equivalent of the first six (6) months of the fiscal year operation costs may be transferred to the Idaho veterans recognition fund as determined by the division of veterans services.
History:
[65-704, added 2013, ch. 277, sec. 2, p. 717; am. 2019, ch. 155, sec. 1, p. 508; am. 2020, ch. 32, sec. 3, p. 68.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-705 - COMMITTEE TO PREPARE AND RECOMMEND ALLOCATION PLAN.

65-705. COMMITTEE TO PREPARE AND RECOMMEND ALLOCATION PLAN. (1) A committee consisting of seven (7) members, herein referred to as the Idaho veterans recognition committee, shall annually prepare a recommendation to the governor and the legislature on how to spend the available funds in the Idaho veterans recognition income fund. Committee members shall include the five members of the Idaho veterans affairs commission and two additional members to be appointed by the governor. At least one (1) of the members shall have served in a recent war or conflict engaged in by the government of the United States and at least one (1) member shall be a disabled veteran. For purposes of the appointment to the committee, a disabled veteran shall have a current service-connected disability of thirty percent (30%) or more.
(2) The committee shall:
(a) Maintain a familiarity with the needs of veterans returning from armed service;
(b) Establish priorities for use of moneys in the Idaho veterans recognition income fund; and
(c) Make a recommendation each year to the governor and legislature on use of moneys in the Idaho veterans recognition income fund in the form of an annual allocation plan.
History:
[65-705, added 2013, ch. 277, sec. 2, p. 717.]
2023 Idaho Code › Title 65 - SERVICE MEMBERS -- VETERANS -- SPOUSES AND DEPENDENTS › Chapter 7 - IDAHO VETERANS RECOGNITION ACT › Section 65-706 - ANNUAL ALLOCATION PLAN.

65-706. ANNUAL ALLOCATION PLAN. (1) The annual allocation plan shall include, at a minimum:
(a) A discussion of the previous year’s budget, expenditure amounts, use of funds and program outcomes;
(b) A progress update for current year activities;
(c) A recommendation for the following year, including expected budget, proposed use of funds and timeline of expenditures; and
(d) Identification of additional needs of Idaho veterans that resources within the fund are inadequate to address.
(2) In preparation of the plan, the committee shall solicit public comment in a public meeting.
(3) The committee shall submit the annual allocation plan to the administrator of the division of veterans services by August 1, or as soon thereafter as possible, each year.
(4) In addition to the requirements of chapter 35, title 67, Idaho Code, the division of veterans services shall include the annual allocation plan in its annual budget request.
History:
[65-706, added 2013, ch. 277, sec. 2, p. 717.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-318 - AUTHORITY TO ADMIT VOLUNTARY PATIENTS — DENIAL OF ADMISSION.

66-318. AUTHORITY TO ADMIT VOLUNTARY PATIENTS — DENIAL OF ADMISSION. (1) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, evaluation, care or treatment of mental illness:
(a) Any person who is eighteen (18) years of age or older;
(b) Any individual fourteen (14) to eighteen (18) years of age who may apply to be admitted for observation, diagnosis, evaluation, care or treatment and the facility director will notify the parent, parents or guardian of the individual of the admission; a parent or guardian may apply for the individual’s release and the facility director will release the patient within three (3) days, excluding Saturdays, Sundays and legal holidays, of the application for discharge, unless the time period for diagnosis, evaluation, care or treatment is extended pursuant to section 66-320, Idaho Code;
(c) Any emancipated minor;
(d) Any individual under fourteen (14) years of age upon application of the individual’s parent or guardian;
(e) Any individual who lacks capacity to make informed decisions about treatment upon application of the individual’s guardian; or
(f) Any individual confined for examination pursuant to section 18-211, Idaho Code.
(2) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, must refuse admission to any applicant under this section whenever:
(a) The applicant is determined not to be in need of observation, diagnosis, evaluation, care or treatment at the facility;
(b) The applicant is determined to lack capacity to make informed decisions about treatment unless the application is made by a guardian with authority to consent to treatment; or
(c) The applicant’s welfare or the welfare of society, or both, are better protected by the provisions of section 66-329, Idaho Code.
History:
[66-318, added 1951, ch. 290, sec. 2, p. 622; am. 1959, ch. 207, sec. 2, p. 439; am. 1972, ch. 44, sec. 2, p. 67; am. 1973, ch. 173, sec. 2, p. 363; am. 1981, ch. 114, sec. 10, p. 175; am. 2004, ch. 23, sec. 9, p. 30; am. 2006, ch. 214, sec. 3, p. 647; am. 2017, ch. 278, sec. 2, p. 728; am. 2022, ch. 93, sec. 2, p. 264.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-319 - RELEASE OF VOLUNTARY INPATIENTS.

66-319. RELEASE OF VOLUNTARY INPATIENTS. The director of an inpatient facility shall release any person, admitted in accordance with the procedure outlined in section 66-318, Idaho Code, whose continued care or treatment is no longer appropriate. If upon evaluation at the facility, it is determined that the patient is mentally ill and is likely to injure himself or others or is gravely disabled, the director of the facility shall institute appropriate judicial proceedings for continued care and treatment. In the case of persons confined pursuant to section 18-211, Idaho Code, upon completion of the examination, the sheriff of the county from which the defendant was committed shall be notified and the defendant shall continue to be confined at the facility for transportation back to the county. In those cases of persons admitted upon the application of a guardian, those persons shall be released upon the termination of the guardian’s authority to consent to treatment.
History:
[66-319, added 1951, ch. 290, sec. 3, p. 622; am. 1959, ch. 207, sec. 3, p. 439; am. 1973, ch. 173, sec. 3, p. 363; am. 1981, ch. 114, sec. 11, p. 176; am. 2004, ch. 23, sec. 10, p. 30; am. 2022, ch. 93, sec. 3, p. 265.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-320 - RIGHT TO RELEASE ON APPLICATION — EXCEPTIONS.

66-320. RIGHT TO RELEASE ON APPLICATION — EXCEPTIONS. (1) A voluntary patient admitted in accordance with the procedure outlined in section 66-318, Idaho Code, who requests his release or whose release is requested, in writing, by his legal guardian, parent, spouse, or adult next of kin shall be released except that:
(a) If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto;
(b) If the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming sixteen (16) years of age may be conditioned upon the consent of his parent or guardian; or
(c) If the director of the facility determines that the patient should be hospitalized under the provisions of this chapter, the patient may be detained up to three (3) days, excluding Saturdays, Sundays and legal holidays, for the purpose of examination by a designated examiner and the filing of an application for continued care and treatment.
(2) Notwithstanding any other provision of this chapter, judicial proceedings authorized by this chapter shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission.
(3) The date and time of any request for release under this section shall be entered in the patient’s clinical record. If the request for release is denied, the reasons for denial also shall be entered in the patient’s clinical record.
(4) A patient admitted for examination pursuant to section 18-211, Idaho Code, may not be released except for purposes of transportation back to the court ordering, or party authorizing, the examination.
History:
[66-320, added 1951, ch. 290, sec. 4, p. 622; am. 1973, ch. 173, sec. 4, p. 363; am. 1981, ch. 114, sec. 12, p. 177; am. 1986, ch. 84, sec. 2, p. 245; am. 2004, ch. 23, sec. 11, p. 31; am. 2022, ch. 93, sec. 4, p. 265.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-324 - AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS.

66-324. AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS. The director of any facility, or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, is authorized to receive in the facility for observation, diagnosis, evaluation, care or treatment any individual:
(1) Committed to the department director pursuant to section 18-212 or 66-329, Idaho Code;
(2) Transferred pursuant to section 66-1201, Idaho Code; or
(3) Detained or transferred pursuant to section 66-326, Idaho Code.
History:
[(66-324) 66-325, added 1951, ch. 290, sec. 9, p. 622; am. 1959, ch. 207, sec. 6, p. 439; am. 1973, ch. 173, sec. 7, p. 363; am. and redesig. 1981, ch. 114, sec. 14, p. 180; am. 1986, ch. 84, sec. 3, p. 245; am. 2001, ch. 107, sec. 22, p. 371; am. 2005, ch. 391, sec. 60, p. 1317; am. 2006, ch. 214, sec. 4, p. 647; am. 2015, ch. 244, sec. 39, p. 1029; am. 2017, ch. 278, sec. 3, p. 729; am. 2022, ch. 93, sec. 6, p. 268.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-325 - RESIDENCE NOT AFFECTED BY PLACE OF TREATMENT.

66-325. RESIDENCE NOT AFFECTED BY PLACE OF TREATMENT. For purposes of this chapter, the terms "residence," "residing," or "resides" shall refer to the place where the mentally ill person lives. None of the time spent in any facility shall be regarded as contributing toward, or acquiring, residence for any purpose.
History:
[66-325, added 1981, ch. 114, sec. 15, p. 180.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-328 - JURISDICTION OF PROCEEDINGS FOR COMMITMENT.

66-328. JURISDICTION OF PROCEEDINGS FOR COMMITMENT. Proceedings for the care of mentally ill persons shall be had in the district court of the county where the person to be treated resides or in the district court of any other county of this state where such person is found.
History:
[66-328, as added by 1961, ch. 165, sec. 1, p. 255; am. 1973, ch. 173, sec. 8, p. 363; am. 1974, ch. 165, sec. 7, p. 1405; am. 1981, ch. 114, sec. 17, p. 181; am. 2008, ch. 331, sec. 2, p. 912.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-330 - TRANSPORTATION — TEMPORARY DETENTION — NOTICE.

66-330. TRANSPORTATION — TEMPORARY DETENTION — NOTICE. (1) After the dispositioner has designated the place of treatment, he shall notify the facility director of the disposition and of any medical, security, or behavioral needs of the committed patient. The department of health and welfare shall deliver the patient within forty-eight (48) hours to the designated facility. Whenever practicable, the individual may be accompanied by one (1) or more of his friends or relatives.
(2) Pending his removal to the designated place of treatment, a patient taken into custody or ordered to be committed to the custody of the department director pursuant to this chapter may be detained in his home, a licensed foster home, or any other suitable facility under such reasonable conditions as the dispositioner may fix, but he shall not be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The dispositioner shall take such reasonable measures to secure proper mental health care and treatment of an individual temporarily detained pursuant to this chapter.
(3) The dispositioner shall notify the court, the patient’s attorney and either the patient’s spouse, guardian, adult next of kin or friend, of the facility to which the patient has been dispositioned.
History:
[(66-330) 66-331, added 1951, ch. 290, sec. 15, p. 622; am. 1959, ch. 207, sec. 9, p. 439; am. 1973, ch. 173, sec. 11, p. 363; am. 1974, ch. 165, sec. 10, p. 1405; am. and redesig. 1981, ch. 114, sec. 20, p. 186; am. 1991, ch. 210, sec. 3, p. 498; am. 2022, ch. 93, sec. 11, p. 274.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-333 - EXAMINATION OF NEWLY ADMITTED PATIENTS.

66-333. EXAMINATION OF NEWLY ADMITTED PATIENTS. Every patient committed to the custody of the department director pursuant to the provisions of section 66-329, Idaho Code, and admitted to an inpatient facility shall receive a physical and mental health examination as soon as practicable after admission.
History:
[66-333, added 1951, ch. 290, sec. 17, p. 622; am. 1953, ch. 264, sec. 2, p. 455; am. 1959, ch. 207, sec. 11, p. 439; am. 1973, ch. 173, sec. 13, p. 363; am. 1974, ch. 165, sec. 12, p. 1405; am. 1981, ch. 114, sec. 22, p. 188.]