AGO 1991-O-0010.

Case Date:December 19, 1991
Court:Idaho
 
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Idaho Attorney General Opinions 1991. AGO 1991-O-0010. December 19, 1991OPINION NO. 1991-O-0010ATTORNEY GENERAL OPINION NO. 91-10TO: Mr. Gary Bermeosolo, Administrator Divison of Veterans Services Department of Health and Welfare Idaho Veterans Home STATEHOUSE MAIL Per Request for Attorney General's Opinion QUESTION PRESENTED Are the durational residence requirements which Idaho Code §§ 65-203 and 66-901 place on Idaho veterans to determine eligibility for emergency relief assistance and admission to a state veterans' home constitutional? CONCLUSION The durational residency requirements contained in Idaho Code §§ 65-203 and 66-901 are unconstititional because they impinge on the fundamental right to migrate and because they deny newcomer resident veterans equal protection of hte law. ANALYSIS Idaho Code § 65-203 defines "veteran" for hte purposes of providing emergency relief and public assistance. It states: 65-203. "Veteran defined. The word veteran as used in this chapter shall include any honorably discharged person who was an actual resident of the state of Idaho for a period of at least three (3) months immediately before his or her entry into the armed forces of the United States, or who has been an actual resident of the state of Idaho for a period of at least three (3) years next preceding the date of his or her application for relief and who was regularly enlisted, drafted, inducted or commissioned and hwo served on active duty in the armed forces of the United States at some time during any period of war recognized by the United States department of vetgerans affairs for hte purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11); or, who, being a citizen and resident of the state of Idaho, at the time of his or her entry therein, or who has been an actual resident of the state of Idaho for at least three (3) consecutive years immediately preceding the date of his or her application for relief, served on active duty in the naval, military or air forces of any of hte governments associated with the United States during said periods; provided, that no person shall be entitled to any benefits under this chapter (a) who being in the armed orces of the United States or of any of hte governments associated with the United States during said periods, refused on...

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