AGO 1991-O-0010.
Case Date | December 19, 1991 |
Court | Idaho |
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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