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CROSS REFERENCE

Assignment of nonnegotiable instruments, see § 539.1 et seq.

Exception, pension money, see § 627.8.

Income tax, exemption of pensions, see § 422.8.

219.21 Report by board of control

The board of control shall, biennially, on or before October 1, prior to the meeting of the general assembly, make a full and detailed report to the governor showing the condition of the home, the number of members in the home, the order and discipline enforced, and the needs of the home financially and otherwise, together with an itemized statement of all receipts and disbursements and any and all other matters of importance in the management and control of the home.

Derivation:

Code 1939, § 3384.21.

HISTORY AND SOURCE OF LAW

Acts 1939 (48 G. A.) ch. 94, § 23.

CROSS REFERENCES

Biennial reports, time covered and date of filing, see § 17.3.

219.22 Present members excepted

The provisions of this chapter relating to eligibility for admission shall not apply to the present 1 members of the home.

Derivation:

1

Code 1939. § 3384.22.

HISTORY AND SOURCE OF LAW

Acts 1939 (48 G. A.) ch. 94, § 22.

See History and Source of Law under § 219.1.

Veterans Home, Iowa Code Annotated (1956 Pocket Supplement), §§ 244.1, 244.4, 244.14

CHAPTER 244. IOWA JUVENILE HOME AND THE IOWA ANNIE WITTEN MYER HOME

244.1 Objects

The Iowa juvenile home and The Iowa Annie Wittenmyer home shall be maintained for the purpose of providing care, custody and education of such children as are committed thereto. Such children shall be wards of the state. Their education shall embrace instruction in the common school branches and in such other higher branches as may be practical and will enable said children to gain useful and self-sustaining employment. The board of control and the superintendents of the homes shall assist all discharged children in securing suitable homes and proper employment. As amended Acts 1949 (53 G. A.) ch. 101, § 1.

Effective July 4, 1949.

Acts 1949 (53 G. A.) ch. 101, § 2 provided that, "Hereafter the Iowa soldiers' orphans home shall be entitled "The Iowa Annie Wittenmyer Home' ".

244.4 Procedure

Any child not mentally normal, or who is incorrigible, or who has any vicious habits, or whose presence in the homes would be inimical to the moral or physical welfare of normal children therein, shall be denied voluntary admission to said homes. Added Acts 1953 (55 G. A.) ch. 109, § 2.

Effective July 4, 1953.

244.14 Counties liable

1. Construction and application

County was liable for cost of support and care of children of veterans resident in either Glenwood State School or Hospital for Epileptics and Feeble-Minded at Woodward, but such liability was limited to original commitments to any one of those institutions. Op. Atty. Gen., 1950, p. 164.

1 Acts 1939 (48 G. A.) ch. 94, effective July 4, 1939.

Veterans Homes, Kansas General Statutes (1955 Supplement), §§ 76-1901 to 76-1939

ARTICLE 19.-KANSAS SOLDIERS HOME AND MOTHER BICKERDYKE ANNEX (DODGE CITY) Cross reference-Creation and duties of Kansas veterans' commission, see §§ 73-1207 to 73-1215.

76-1901. Name. The institution established upon the Fort Dodge military reservation shall be known as "the Kansas soldiers' home and Mother Bickerdyke annex," and any reference to the Kansas soldiers' home, or Mother Bickerdyke annex, in any law of this state shall be construed as referring to the Kansas soldiers' home and Mother Bickerdyke annex and any and all statutory provisions made for the Mother Bickerdyke annex shall be construed as referring to the Kansas soldiers' home and Mother Bickerdyke annex. [G. S. 1949, § 76-1901; L. 1951, ch. 86, § 9; June 30.]

NOTE. Discontinuance of Mother Bickerdyke Annex near Ellsworth, see L. 1951, ch. 86, § 5 and § 76-14a01.

76-1904. Supervision, management and control; superintendent, appointment, compensation, removal; officers and employees, appointment, discharge. The Kansas veterans' commission shall have full control of said Kansas soldiers' home and Mother Bickerdyke annex, the property, effects, supervision and management thereof. The Kansas veterans' commission, shall appoint and fix the compensation of a superintendent of said home. Said superintendent may be removed at any time by the Kansas veterans' commission. In accordance with the Kansas civil service act, the director of the Kansas veterans' commission, with the approval of the commission shall appoint and fix the salaries of all such officers and employees thereof as shall be deemed necessary for the best interests thereof, and shall have power to remove and discharge with the approval of the veterans' commission all such officers and employees whenever the best interests of said soldiers' home demand such removal or discharge. [G. S. 1949, § 76–1904; L. 1953, ch. 361, § 9; July 1.]

76-1906. Disposition of moneys.-The superintendent of the Kansas soldiers' home and the Mother Bickerdyke annex shall pay monthly to the treasurer of state all moneys that may come into his hands from sales, or from the care of inmates or from any other source, and shall submit to the Kansas veterans' commission and the state department of administration an itemized and verified statement of all moneys so received, which moneys shall be placed by the treasurer in the general maintenance fund appropriated for the Kansas soldiers' home and Mother Bickerdyke annex. [G. S. 1949, § 76-1906; L. 1953, ch. 361, § 10; July 1.]

76-1907. Payments by state. The state department of administration is hereby authorized to draw its warrants upon the state treasurer for the sums and for the purposes specified in this act on properly executed vouchers of the claimants and approved by the director of the Kansas veterans' commission. [G. S. 1949, § 76-1907; L. 1953, ch. 361, § 11; July 1.]

76-1908. Who entitled to admission; discharge of members, when; minors.— (a) The following, subject to the rules and regulations that may be adopted by the Kansas veterans' commission for the management and government of the Kansas soldiers' home and Mother Bickerdyke annex, shall be eligible to admission to said Kansas soldiers' home and Mother Bickerdyke annex: (1) Any person who served in the active military or naval service of the United States during the war with Spain, Philippine insurrection, Boxer uprising, world war I, world war II or korean emergency, and who shall have been discharged or relieved therefrom under conditions other than dishonorable, who may be disabled by disease, wounds, old age, or otherwise disabled, and who has no adequate means of support, and who, by reason of such disability is incapacitated from earning his living, and who would otherwise be dependent upon public or private charity, together with such members of his family as are dependent upon him for support. For the purpose of applying the provisions of this subsection, the governor shall have the power to determine when the Korean emergency commenced and when it shall have ended. (2) The widow, mother or minor children of

any person who served in the active military or naval service of the United States in time of any war of the United States, and who shall have been discharged or relieved therefrom under conditions other than dishonorable and any woman who has served in the active military or naval service of the United States during any war of the United States, and who shall have been discharged or relieved therefrom under conditions other than dishonorable, together with her dependent minor children who are incapable of self-support because of physical disability and who have no adequate mean of support.

(b) No person shall be admitted to said soldiers' home except upon application to the commission and approval of said application by said commission. No applicant shall be admitted to said soldiers' home who has not been an actual resident of the state of Kansas for at least two (2) years next preceding the date of his application, except that any applicant who at the time of entering service in a Kansas regiment was a resident of Kansas and served in a Kansas regiment during the war with Spain, Philippine insurrection, Boxer uprising, world war I or world war II or Korean emergency, and who shall have been discharged or relieved from such services under conditions other than dishonorable, shall be admitted regardless of his place of residence.

(c) No person who is insane or who has been convicted of a felony or who is an habitual drunkard shall be admitted or retained as a member of said soldiers' home.

(d) No child shall be admitted to or retained in said soldiers' home who is sixteen (16) years of age or over, unless such child is incapable of earning its own support by its own labor.

(e) No boy properly an inmate of said home shall be discharged under fourteen (14) years of age and no girl under sixteen (16) years.

(f) The Kansas veterans' commission shall have authority by resolution to discharge any member from said soldiers' home on a showing that said member has gained admittance into said soldiers' home by misrepresentation of his or her financial or physical condition, or a showing that the financial or physical condition of such member has been so altered since his or her admittance as not to justify the further maintenance of said member in said soldiers' home. No such member shall be discharged without notice and opportunity to be heard by said commission.

(g) The rules and regulations for admission of members to the Kansas soldiers' home shall require that an applicant for admission furnish a certificate made by the county board of social welfare of the county where he is a resident showing the applicant is unable to properly support himself and family without aid from such county. [G. S. 1949, § 76-1908; L. 1951, ch. 469, § 1; L. 1953, ch. 361, § 12; July 1.]

Source or prior law: §§ 76-1915, 76-1919.

76-1909. [G. S. 1949, § 76-1909; Repealed, L. 1953, ch. 361, § 29; July 1.] 76-1913. [G. S. 1949, § 76-1913; Repealed, L. 1953, ch. 361, § 29; July 1.] 76-1914. [G. S. 1949, § 76-1914; L. 1951, ch. 469, § 2; Repealed, L. 1953, ch. 361, § 29; July 1.]

76-1915. [G. S. 1949, § 76-1915; Repealed, L. 1953, ch. 361, § 29; July 1.] Note: New provisions as to widows, mothers and children, see § 76-1908. 76-1918. [G. S. 1949, § 76-1918; Repealed, L. 1953, ch. 361, § 29; July 1.] 76-1919. [G. S. 1949, § 76-1919; Repealed, L. 1953, ch. 361, § 29; July 1.] Note: New provisions as to widows, mothers and children, see § 76-1908. 76-1922, 76-1923. [G. S. 1949, §§ 76–1922, 76-1923; Repealed, L. 1953, ch. 361, § 29; July 1.]

76-1924. [G. S. 1949, § 76-1924; Repealed, L. 1953, ch. 361, § 29; July 1.]

Note: Lease of farm land from year to year, see § 76–1939.

76-1925, 76-1926. [G. S. 1949, §§ 76-1925, 76-1926; Repealed, L. 1953, ch. 361, § 29; July 1.]

76-1927. Rules and regulations for management and operation of home and annex; conduct and discipline of members and others.-The Kansas veterans' commission shall have the authority to establish rules and regulations for the management and operation of the Kansas soldiers' home and Mother Bickerdyke annex and governing conduct and discipline of the members of and other persons in the Kansas soldiers' home and mother Bickerdyke annex; such rules shall be filed with the revisor of statutes as provided by law: Provided, That all such

rules and regulations of the board of managers on file in the office of the revisor of statutes in force and effect on the date this act takes effect shall continue in force and effect until revoked or amended by the Kansas veterans' commission. [G. S. 1949, § 76–1927; L. 1953, ch. 361, § 13; July 1.]

76-1928. Same; enforcement.-The superintendent of the Kansas soldiers' home and Mother Bickerdyke annex shall enforce such rules and regulations and he may furlough any member for violation of such rules. [G. S. 1949, § 76-1928; L. 1953, ch. 361, § 14; July 1.]

76-1929. Same; discharge of violating member; notice and hearing. The Kansas veterans' commission may discharge any member who violates such rules and regulations: Provided, however, No member shall be discharged without notice to such member and a right to be heard concerning such charges. [G. S. 1949, § 76-1929; L. 1953, ch. 361, § 15; July 1.]

76-1930. Same; member seeking injunction or restraining order.-If any member shall seek an injunction or restraining order to restrain the Kansas veterans' commission or the officers of such Kansas soldiers' home and Mother Bickerdyke annex for [from] enforcing such rules and regulations or to restrain disciplinary action, during the pendency of such legal proceedings, such member and his dependents, if any, shall not be entitled to draw subsistence or rations as provided for by such home. [G. S. 1949, § 76-1930; L. 1953, ch. 361, § 16; July 1.]

76-1931. Same; member refusing to vacate premises, when; forfeiture of rights. If any member of such soldiers' home shall refuse to vacate the premises upon receiving a furlough from the officers designated to enforce the rules and regulations, such refusal shall constitute a forfeiture of his right to remain in the home and such member shall be forthwith discharged by the Kansas veterans' commission. [G. S. 1949, § 76–1931 ; L. 1953, ch. 361, § 17; July 1.]

76-1932. Same; legal proceedings.-If any member shall refuse to vacate the premises upon being discharged by the Kansas veterans' commission, such member shall forthwith forfeit his right to subsistence and rations for himself and dependents, if any, and the Kansas veterans' commission shall institute legal proceedings to force such member to vacate the premises. [G. S. 1949, § 76–1932; L. 1953, ch. 361, § 18; July 1.]

76-1933. Same; member defined. The word "member" as used in this act shall refer to any person legally admitted as a member or any dependent of such member, or any person drawing subsistence or quarters in the Kansas soldiers' home and Mother Bickerdyke annex for any reason whatsoever, except the employees of such soldiers' home: Provided, That the word "member" shall not include any person transferred to said soldiers' home from any state hospital or training school. [G. S. 1949, § 76-1933; L. 1953, ch. 361, § 19; July 1.]

76-1934. Same; residence of member.-Any member of such soldiers' home who is admitted for a period of time in excess of eighteen (18) months shall be classified as a resident of the county in which such soldiers' home is located: Provided, however, That any member admitted for a period of time less than eighteen (18) months shall not lose his residence in the county forming the basis of his application for membership nor gain a residence in the county in which such soldiers' home is located. [G. S. 1949, § 76-1934; L. 1953, ch. 361, § 20; July 1.]

76-1935. Custodians of members' funds at home and annex; bond; designation of depositories; funds deposited with state treasurer. The Kansas veterans' commission shall designate a person at the Kansas soldiers' home and Mother Bickerdyke annex who shall be in charge of the member funds at such soldiers' home. The person so designated shall have custody and charge of all moneys belonging to the members, or persons attending the Kansas soldiers' home, which are held for their use, benefit and burial. He shall give a bond, in an amount to be fixed by said Kansas veterans' commission, conditioned up his accounting for all the funds coming under his custody and charge, said bond to be made to the Kansas veterans' commission as trustees for the members or persons attending the soldiers' home. The premium for said bond shall be paid out of the general fund of said soldiers' home. Said Kansas veterans' commission shall designate the bank or banks, in which such moneys shall be deposited, and shall provide that any sums in excess of five thousand dollars ($5,000) shall be deposited with the state treasurer for safekeeping. Any fund so deposited with the state treasurer shall be held by him, separate and apart from the other funds in his custody, and may be withdrawn by the person designated by said Kansas veterans' commission. [G. S. 1949, § 76-1935; L. 1953, ch. 361, § 21; July 1.]

76-1936. Transfer of patients from state hospitals and training schools to soldiers' home; duty to support. The state director of institutions of the state department of social welfare, with the approval of the state board of social welfare and the Kansas veterans' commission, may transfer patients in the state hospitals at Topeka, Osawatomie and Larned and patients in the Parsons state training school and the Winfield state training school who have served in the military or naval forces of the United States or whose husbands, father or sons have served in the military or naval forces of the United States, to the Kansas soldiers' home and Mother Bickerdyke annex. No such patient who is violently insane or dangerous to the lives or persons of others because of his insanity shall be so transferred to said Kansas soldiers' home and Mother Bickerdyke annex. Persons so transferred shall not be considered as members of said soldiers' home but shall be considered as patients therein. All of the laws, rules and regulations relating to patients in the state hospitals for the insane shall be applicable to said patients so transferred insofar as the same can be made applicable. Any patient so transferred who is found to be or shail become violently insane or dangerous to the lives or persons of others because of his insanity or conduct or who is determined to need additional psychiatric treatment, shall be retransferred by the superintendent of said soldiers' home, with the approval of the state director of institutions, to the institution from whence he was originally transferred. The following shall be bound by law to support persons so transferred to the Kansas soldiers' home and Mother Bickerdyke annex: Spouses, parents and children. Demand and payment for the maintenance, care and treatment of any such person shall be made at the time and rates and shall be collected and recovered from the estate of such person or from any person bound by law to support such person in like manner as provided by section 59-2006 of the General Statutes Supplement of 1951 or any amendments thereto for the payment, collection and recovery for maintenance, care and treatment of patients committed or received as patients in the state hospitals for the insane. [L. 1953, ch. 361, § 22; July 1.]

Cross reference: Parsons and Winifield training schools, see ch. 76, arts. 14, 16. 76-1937. Same; facilities reserved for persons transferred.-The Kansas veterans' commission shall set aside and reserve at the Kansas soldiers' home and Mother Bickerdyke annex accommodations sufficient to provide housing, recreational, dietary and other necessary facilities for at least four hundred (400) persons who may be transferred to said soldiers' home as provided in section 22 [79-1336] of this act. [L. 1953, ch. 361, § 23 ; July 1.]

76-1938. Board of managers abolished; transfer of records and property.-The board of managers provided for and created by section 74-2301 of the General Statutes of 1949 is hereby abolished and said board of managers shall transfer, deliver and turn over to the Kansas veterans' commission created by this act all of the property, books, records, files and office equipment of said board of managers or under its control, and the same shall thereafter be under the control and custody of the Kansas veterans' commission. [L. 1953, ch. 361, § 24: July 1.} 76-1939. Farming operations at soldiers' home prohibited; lease of farm lands; disposition of moneys.-The Kansas veterans' commission shall not engage in farming operations on the farm land which are part of the lands of the Kansas soldiers' home and Mother Bickerdyke annex except that said commission may engage in and permit vegetable gardening on a portion of said lands. All such farm lands not needed or used for vegetable gardening shall be rented or leased, from year to year, by said commission: Provided, That if the Kansas state college of agriculture and applied science shall request that such lands be rented or leased to it for agricultural experimental purposes, it shall be given preference when such lands are rented or leased: Provided further, That any such rental or lease agreement shall not include any buildings or improvements other than irrigation pumps and facilities. All moneys derived from the lease or rental of such farm lands shall be paid into the state treasury and the state treasurer shall credit the same to the Kansas soldiers' home and Mother Bickerdyke annex fee fund for the use of said soldiers' home. [L. 1953, ch. 361, § 25; July 1.]

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