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H0322......................................................by STATE AFFAIRS
VETERANS POINTS - Amends existing law to provide that veterans preference
points shall be used by all disabled veterans and widows or widowers of
disabled veterans; to define "initial appointment" and "disabled veteran";
and to delete a definition of a "disabled war veteran."
02/23 House intro - 1st rdg - to printing
02/26 Rpt prt - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Gagner, Higgins, Raybould, Wheeler
Floor Sponsor -- Eskridge
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Richardson
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/28 Governor signed
Session Law Chapter 214
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 322
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ADDITION OF POINTS TO COMPETITIVE EXAMINATION RATINGS FOR DIS-
3 ABLED VETERANS; AMENDING SECTION 65-506, IDAHO CODE, TO PROVIDE THAT VET-
4 ERANS PREFERENCE POINTS SHALL BE USED BY ALL DISABLED VETERANS AND WIDOWS
5 OR WIDOWERS OF DISABLED VETERANS AND TO DEFINE INITIAL APPOINTMENT; AMEND-
6 ING SECTION 65-507, IDAHO CODE, TO PROVIDE A DEFINITION FOR DISABLED VET-
7 ERAN, TO DELETE THE DEFINITION FOR DISABLED WAR VETERAN AND TO MAKE A
8 TECHNICAL CORRECTION; AND AMENDING SECTION 67-5309, IDAHO CODE, TO PROVIDE
9 THAT VETERANS PREFERENCE POINTS SHALL BE USED BY ALL DISABLED VETERANS AND
10 WIDOWS OR WIDOWERS OF DISABLED VETERANS AND TO MAKE A TECHNICAL CORREC-
11 TION.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 65-506, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 65-506. ADDITION OF POINTS TO COMPETITIVE EXAMINATION RATINGS. (1) Five
16 (5) points shall be added to the earned rating of any war veteran and the
17 widow or widower of any war veteran as long as he or she remains unmarried,
18 when required to take competitive examination for any position in any state
19 department, county or municipal government, which may now or which may hereaf-
20 ter require competitive examination under merit system or civil service plan
21 of selecting employees: The names of all five (5) point preference eligibles
22 resulting from any merit system or civil service examination shall be placed
23 on the register in accordance with their augmented rating.
24 (2) Ten (10) points shall be added to the earned rating of any disabled
25 war veteran, veterans discharged under honorable conditions who qualify as
26 disabled veterans because they have served on active duty in the armed forces
27 at any time and have a present service connected disability of ten percent
28 (10%) or more. Ten (10) points shall also be added to the earned rating of the
29 widow or widower of any disabled war veteran as long as he or she remains
30 unmarried, the wife spouse of any eligible disabled veteran who himself is
31 physically unable to perform the work in the position to which the wife spouse
32 seeks to apply the preference, when required to take competitive examination
33 for any position in any state department, county or municipal government,
34 which may now or which may hereafter require competitive examinations under
35 merit system or civil service plan of selecting employees: The names of all
36 ten (10) point preference eligibles resulting from any merit system or civil
37 service examination shall be placed at the top of the register above the names
38 of all nonpreference eligibles in accordance with their augmented rating.
39 The additional points added by reason of veteran's preference shall be
40 used only for the purpose of initial appointment and not for the purpose of
41 promotions.
42 (3) For the purpose of this section, an initial appointment shall meet
43 the following criteria:
2
1 (a) The appointment shall be the first time a qualified veteran is hired
2 by a county, municipal government or state agency and subsequent separa-
3 tion from the county, municipal government or state agency shall not
4 result in the award of new preference points with such employer.
5 (b) Preference points shall only be applied if the county, municipal gov-
6 ernment or state agency is using a point system to rank candidates for the
7 particular opening.
8 SECTION 2. That Section 65-507, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 65-507. DISABLED VETERAN DEFINED. The term "disabled war veteran" as used
11 in this act chapter means any individual who has served on military duty in
12 the armed forces of the United States during any period of war recognized by
13 the United States department of veterans affairs for the purposes of awarding
14 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
15 section 101(11); and has been separated therefrom discharged under honorable
16 conditions; and who has established the served on active duty in the armed
17 forces at any time and has a present existence of a service-connected service
18 connected disability; and is receiving compensation, disability retirement
19 benefits, or pension under public statute as administered by the department of
20 veterans affairs or a military department of ten percent (10%) or more.
21 SECTION 3. That Section 67-5309, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
24 MISSION. The administrator of the division of human resources shall have the
25 power and authority to adopt, amend, or rescind such rules as may be necessary
26 for proper administration of this chapter. Such rules shall include:
27 (a) A rule requiring the administrator, after consulting with each
28 department to develop, adopt, and make effective, a job classification system
29 for positions covered by this chapter, based upon an analysis of the duties
30 and responsibilities of the positions. The job classification shall include an
31 appropriate title for each class, and a description of duties and responsibil-
32 ities of positions in the classes and the requirements of minimum training,
33 experience and other qualifications, suitable for the performance of duties of
34 the position.
35 (b) A rule describing the relevant labor markets and benchmark job clas-
36 sifications used in the administrator's salary surveys.
37 (c) A rule requiring that all classes of positions which are common to
38 the departments concerned shall have the same titles, minimum requirements and
39 compensation ranges.
40 (d) A rule providing for review by the administrator of the personnel
41 system including classifications and compensation policies and procedures.
42 (e) A rule that, notwithstanding the procedure for examination and rank-
43 ing of eligibles on a register provided in subsection (f) of this section, an
44 agency may appoint an individual directly into an entrance or promotional pro-
45 bation if the division of vocational rehabilitation, Idaho commission for the
46 blind and visually impaired or the industrial commission certifies, with the
47 concurrence of division of human resources staff, that the individual (1) has
48 a disability or handicap as defined under state or federal law; (2) is quali-
49 fied to perform the essential functions of a particular classified position
50 with or without reasonable accommodation; and (3) lacks competitiveness in the
51 examination process due to the disability or handicap. The probationary period
3
1 as provided in subsection (j) of this section shall be the sole examination
2 for such individuals.
3 (f) A rule requiring fair and impartial selection of appointees to all
4 positions other than those defined as nonclassified in this chapter, on the
5 basis of open competitive merit examinations or evaluations. An application
6 for an examination will be accepted after the closing date of the examination
7 from a person who was serving in the armed forces, or undergoing hospitaliza-
8 tion of no more than one (1) year following discharge, during any period in
9 which the examination was open; the application must be submitted within one
10 hundred twenty (120) days of separation from the armed forces or hospitaliza-
11 tion and prior to the expiration of the register established as a result of
12 the examination. A disabled veteran may file an application at any time for
13 any position for which the division maintains a register or for which a regis-
14 ter is about to be established, provided he or she has not already been exam-
15 ined twice for the same position and grade for which application is made, does
16 not have current eligibility on that register, or is not serving in a competi-
17 tive position in the same grade for which application is made. Examinations
18 may be assembled or unassembled and may include various examining techniques
19 such as rating of training and experience, written tests, oral interviews,
20 recognition of professional licensing, performance tests, investigations and
21 any other measure of ability to perform the duties of the position. Examina-
22 tions shall be scored objectively. Five (5) points shall be added to the
23 earned rating of any war veteran and the widow or widower of any war veteran
24 as long as he or she remains unmarried. Pursuant to section 65-506, Idaho
25 Code, tTen (10) points shall be added to the earned rating of any disabled war
26 veteran, the widow or widower of any disabled war veteran as long as he or she
27 remains unmarried or the spouse of any disabled veteran who is physically
28 unable to perform the work in the position to which the spouse seeks to apply
29 the preference. Employment registers shall be established in order of final
30 score except that the names of all five (5) point preference eligibles result-
31 ing from any merit system or civil service examination shall be placed on the
32 register in accordance with their augmented rating, and the names of all ten
33 (10) point preference eligibles shall be placed at the top of the register
34 above the names of all nonpreference eligibles. Certification of eligibility
35 for appointment to vacancies shall be in accordance with a formula which lim-
36 its selection by the hiring department from among the ten (10) top ranking
37 available eligibles plus the names of all individuals with scores identical to
38 the tenth ranking eligible on the register. A register with at least five (5)
39 eligibles shall be adequate. Selective certification shall be permitted when
40 justified by the hiring department, under rules to be made by the division
41 defining adequate justification based on the duties and requirements of the
42 positions. Such examinations need not be held until after the rules have been
43 adopted, the service classified and a pay plan established, but shall be held
44 not later than one (1) year after departments commence participation in the
45 personnel system.
46 (g) A rule that, whenever practicable, a vacancy in a classified position
47 shall be filled by the promotion of a qualified permanent employee of the
48 agency in which the vacancy occurs. An inter-agency interagency promotion
49 shall be made through competitive examination and all qualified state employ-
50 ees shall have the opportunity to compete for such promotions. If an
51 employee's name appears within certifiable range on a current register for a
52 higher class of position, he shall be eligible for a transfer and promotion.
53 (h) A rule for development and maintenance of a system of service ratings
54 and the use of such ratings by all departments in connection with promotions,
55 demotions, retentions, separations and reassignments. The rule shall require
4
1 that an evaluation of each classified employee shall be made after each two
2 thousand eighty (2,080) hour period of credited state service, and that a copy
3 of the evaluation shall be filed with the division.
4 (i) A rule prohibiting disqualification of any person from taking an
5 examination, from appointment to a position, from promotion, or from holding a
6 position because of race or national origin, color, sex, age, political or
7 religious opinions or affiliations, and providing for right of appeal.
8 (j) A rule establishing a probation period not to exceed one thousand
9 forty (1,040) hours of credited state service for all appointments and promo-
10 tions, except that peace officers as defined in section 19-5101, Idaho Code,
11 shall be subject to a probation period of two thousand eighty (2,080) hours of
12 credited state service, and for the appointing authority to provide the
13 employee and the administrator a performance evaluation indicating satisfac-
14 tory or unsatisfactory performance not later than thirty (30) days after the
15 expiration of the probationary period. The rule shall provide that if the
16 appointing authority fails to provide a performance evaluation within thirty
17 (30) days after the expiration of the probationary period, the employee shall
18 be deemed to have satisfactorily completed the probation unless the appointing
19 authority receives approval from the administrator to extend the probationary
20 period for good cause for an additional specified period not to exceed one
21 thousand forty (1,040) hours of credited state service. If an employee is per-
22 forming in an unsatisfactory manner during the entrance probationary period,
23 the appointing authority shall ask the employee to resign, and if no resigna-
24 tion is submitted, shall terminate the employment of such employee without the
25 right of grievance or appeal.
26 (k) A rule concerning provisional appointments.
27 (l) A rule concerning temporary appointments.
28 (m) A rule governing the employment of consultants and persons retained
29 under independent contract.
30 (n) A rule for the disciplinary dismissal, demotion, suspension or other
31 discipline of employees only for cause with reasons given in writing. Such
32 rule shall provide that any of the following reasons shall be proper cause for
33 the disciplinary dismissal, demotion or suspension of any employee in the
34 state classified service:
35 1. Failure to perform the duties and carry out the obligations imposed by
36 the state constitution, state statutes and rules of the employee's depart-
37 ment, or rules of the administrator or the division.
38 2. Inefficiency, incompetency, or negligence in the performance of
39 duties.
40 3. Physical or mental incapability for performing assigned duties.
41 4. Refusal to accept a reasonable and proper assignment from an autho-
42 rized supervisor.
43 5. Insubordination or conduct unbecoming a state employee or conduct det-
44 rimental to good order and discipline in the employee's department.
45 6. Intoxication on duty.
46 7. Careless, negligent, or improper use or unlawful conversion of state
47 property, equipment or funds.
48 8. Use of any influence which violates the principles of the merit system
49 in an attempt to secure a promotion or privileges for individual advan-
50 tage.
51 9. Conviction of official misconduct in office, or conviction of any fel-
52 ony, or conviction of any other crime involving moral turpitude.
53 10. Acceptance of gifts in exchange for influence or favors given in the
54 employee's official capacity.
55 11. Habitual pattern of failure to report for duty at the assigned place
5
1 and time.
2 12. Habitual improper use of sick leave privileges.
3 13. Unauthorized disclosure of confidential information from official
4 records.
5 14. Absence without leave.
6 15. Misstatement or deception in the application for the position.
7 16. Failure to obtain or maintain a current license or certificate law-
8 fully required as a condition for performing the duties of the job.
9 17. Prohibited participation in political activities.
10 (o) A rule to establish procedures for maintenance of a record of the
11 employment history and appropriate information relating to performance of all
12 employees under the personnel system. For the purposes of this rule, the state
13 shall be considered one (1) employer.
14 (p) Rules to provide for recruitment programs in cooperation with depart-
15 ment heads and the employment security agency in keeping with current employ-
16 ment conditions and labor market trends.
17 (q) Rules to establish procedures for examinations as necessary for the
18 purpose of maintaining current registers from which to fill employment vacan-
19 cies.
20 (r) Other rules not inconsistent with the foregoing provisions of this
21 section as may be necessary and proper for the administration and enforcement
22 of this chapter.
23 (s) A rule concerning "project exempt" appointments.
24 (t) Rules relating to leave for state employees from official duties
25 including, but not limited to, sick leave, military leave, jury duty, leaves
26 of absence without compensation and such other forms of absence from perfor-
27 mance of duties in the course of state employment as may be necessary.
28 (u) A rule providing for five percent (5%) shift differential pay.
STATEMENT OF PURPOSE
RS 11044
The purpose of this legislation is to provide that the 10 point
veteran's preference shall be used by 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 present service connected disability of ten percent
or more. Five points shall be added to the earned rating of any war
veteran . This legislation also provides a definition for
"Disabled Veteran".
FISCAL IMPACT
No fiscal impact is expected from this legislation
Contact
Name: Rep. Eskridge
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 322