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H0469aa....................................................by STATE AFFAIRS
CIVIL SERVICE - Amends existing law to provide for the rehiring of former
employees by the civil service commission under certain conditions.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Com/HuRes
01/30 Rpt out - to Gen Ord
Rpt out amen - to engros
01/31 Rpt engros - 1st rdg - to 2nd rdg as amen
02/01 2nd rdg - to 3rd rdg as amen
02/05 3rd rdg as amen - PASSED - 63-1-6
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
Tilman, Trail, Young, Mr. Speaker
NAYS -- Wheeler
Absent and excused -- Barrett, Jaquet, Jones, Mader, Stone, Wood
Floor Sponsor - Higgins
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to St Aff
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill,
Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- None
Absent and excused -- Branch(Bartlett), Dunklin, King-Barrutia
Floor Sponsor - Sandy
Title apvd - to House
02/19 To enrol
02/20 Rpt enrol - Sp signed
02/21 Pres signed
02/22 To Governor
02/27 Governor signed
Session Law Chapter 51
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 469
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CIVIL SERVICE COMMISSION; AMENDING SECTION 50-1604, IDAHO
3 CODE, TO PROVIDE FOR THE REHIRING OF FORMER EMPLOYEES UNDER CERTAIN CONDI-
4 TIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-1604, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-1604. EXAMINATIONS -- QUALIFICATIONS OF APPLICANTS -- REHIRES --
9 CAUSES FOR REMOVAL, DISCHARGE OR SUSPENSION OF INCUMBENTS. (1) Except as pro-
10 vided in subsection (3) of this section, aAll applicants for places of employ-
11 ment in the classified civil service shall be subject to examination, which
12 shall be public competitive and free and shall be held at such times and
13 places as the civil service commission shall from time to time determine. Such
14 examinations shall be for the purpose of determining the qualifications of
15 applicants for positions and shall be practical and shall fairly test the fit-
16 ness of the persons examined to discharge the duties of the position to which
17 they seek appointment.
18 (2) The governing body of each city, having created a civil service com-
19 mission, shall provide a job description for each civil service position of
20 the city and shall determine and establish the standards and qualifications
21 therefor to be met by each applicant before appointment.
22 (3) Any applicant who, while in good standing, voluntarily terminates his
23 or her employment with the agency with whom an appointment is sought may, upon
24 written request to and approval from the appointing officer and upon the unan-
25 imous agreement of the civil service commission, be rehired without taking an
26 examination provided:
27 (a) The applicant is otherwise qualified for the position; and
28 (b) The written request for rehire is physically delivered or mailed to
29 the appointing officer no later than two (2) years after the termination
30 of the applicant's former employment.
31 (4) All incumbents and applicants thereafter appointed shall hold office,
32 place, position or employment only during good behavior, and any such person
33 may be removed, discharged, suspended without pay, demoted, reduced in rank,
34 deprived of vacation privileges or other special privileges for any of the
35 following reasons, subject to the determination of the facts in each case by
36 the commission:
37 (a) Incompetency, inefficiency or inattention to, or dereliction of duty;
38 (b) Dishonesty, intemperance, immoral conduct, insubordination, discour-
39 teous treatment of the public or a fellow employee, or any other act of
40 omission or commission tending to injure the public service; willful fail-
41 ure on the part of the employee to properly conduct himself, or any other
42 willful violation of the civil service rules and regulations;
43 (c) Mental or physical unfitness for the position which the employee
2
1 holds;
2 (d) Dishonest, disgraceful, immoral or prejudicial conduct;
3 (e) Drunkenness or use of intoxicating liquors, narcotics, or any other
4 habit forming drug, liquid or preparation to such extent that the use
5 thereof interferes with the efficiency or mental or physical fitness of
6 the employee or which prevents the employee from properly performing the
7 functions and duties of any position under civil service;
8 (f) Conviction of a felony or a misdemeanor involving moral turpitude;
9 (g) Any other act or failure to act, which in the judgment of the civil
10 service commissioners is sufficient to show the offender to be an unsuit-
11 able and unfit person to be employed in the public service.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Crow
Seconded by Schaefer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 469
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 22, delete "terminates" and insert
3 "terminated"; in line 24, delete "upon the unan-"; in line 25, delete "imous
4 agreement" and insert: "in accordance with the written policy"; in line 28,
5 delete "or" and insert: ","; and also in line 28, following "mailed" insert:
6 "or electronically transferred"; in line 29, delete "no later than two (2)
7 years after the termination", delete line 30 and insert: "within such time as
8 provided by the written policy of the civil service commission.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 469, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CIVIL SERVICE COMMISSION; AMENDING SECTION 50-1604, IDAHO
3 CODE, TO PROVIDE FOR THE REHIRING OF FORMER EMPLOYEES UNDER CERTAIN CONDI-
4 TIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-1604, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-1604. EXAMINATIONS -- QUALIFICATIONS OF APPLICANTS -- REHIRES --
9 CAUSES FOR REMOVAL, DISCHARGE OR SUSPENSION OF INCUMBENTS. (1) Except as pro-
10 vided in subsection (3) of this section, aAll applicants for places of employ-
11 ment in the classified civil service shall be subject to examination, which
12 shall be public competitive and free and shall be held at such times and
13 places as the civil service commission shall from time to time determine. Such
14 examinations shall be for the purpose of determining the qualifications of
15 applicants for positions and shall be practical and shall fairly test the fit-
16 ness of the persons examined to discharge the duties of the position to which
17 they seek appointment.
18 (2) The governing body of each city, having created a civil service com-
19 mission, shall provide a job description for each civil service position of
20 the city and shall determine and establish the standards and qualifications
21 therefor to be met by each applicant before appointment.
22 (3) Any applicant who, while in good standing, voluntarily terminated his
23 or her employment with the agency with whom an appointment is sought may, upon
24 written request to and approval from the appointing officer and in accordance
25 with the written policy of the civil service commission, be rehired without
26 taking an examination provided:
27 (a) The applicant is otherwise qualified for the position; and
28 (b) The written request for rehire is physically delivered, mailed or
29 electronically transferred to the appointing officer within such time as
30 provided by the written policy of the civil service commission.
31 (4) All incumbents and applicants thereafter appointed shall hold office,
32 place, position or employment only during good behavior, and any such person
33 may be removed, discharged, suspended without pay, demoted, reduced in rank,
34 deprived of vacation privileges or other special privileges for any of the
35 following reasons, subject to the determination of the facts in each case by
36 the commission:
37 (a) Incompetency, inefficiency or inattention to, or dereliction of duty;
38 (b) Dishonesty, intemperance, immoral conduct, insubordination, discour-
39 teous treatment of the public or a fellow employee, or any other act of
40 omission or commission tending to injure the public service; willful fail-
41 ure on the part of the employee to properly conduct himself, or any other
42 willful violation of the civil service rules and regulations;
43 (c) Mental or physical unfitness for the position which the employee
2
1 holds;
2 (d) Dishonest, disgraceful, immoral or prejudicial conduct;
3 (e) Drunkenness or use of intoxicating liquors, narcotics, or any other
4 habit forming drug, liquid or preparation to such extent that the use
5 thereof interferes with the efficiency or mental or physical fitness of
6 the employee or which prevents the employee from properly performing the
7 functions and duties of any position under civil service;
8 (f) Conviction of a felony or a misdemeanor involving moral turpitude;
9 (g) Any other act or failure to act, which in the judgment of the civil
10 service commissioners is sufficient to show the offender to be an unsuit-
11 able and unfit person to be employed in the public service.
STATEMENT OF PURPOSE
RS 11615
This legislation will amend Idaho Code 50-1604 to allow employers
who employ personnel in civil service positions to rehire certain
employees who have voluntarily terminated employment, without
requiring the employee to repeat the civil service examination.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Representative Kent Higgins
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 469