View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0616......................................................by STATE AFFAIRS
VETERANS POINTS - Amends existing law to define "war veteran" for purposes
of providing veterans points on civil service examinations of the state and
political subdivisions.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to St Aff
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 66-0-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Field(13), Martinez, Moyle, Schaefer
Floor Sponsor - Eskridge
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to St Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Boatright
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 134
Effective: 03/20/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 616
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COMPETITIVE EXAMINATION POINTS FOR WAR VETERANS; AMENDING SECTION
3 65-506, IDAHO CODE, TO PROVIDE AN EXPANDED DEFINITION OF WAR VETERAN FOR
4 PREFERENCE POINTS ON COMPETITIVE EXAMINATIONS; AMENDING SECTION 67-5309,
5 IDAHO CODE, TO PROVIDE A STATUTORY CITATION FOR DEFINITION OF WAR VETERAN;
6 AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 65-506, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 65-506. ADDITION OF POINTS TO COMPETITIVE EXAMINATION RATINGS. (1) Five
11 (5) points shall be added to the earned rating of any war veteran and the
12 widow or widower of any war veteran as long as he or she remains unmarried,
13 when required to take competitive examination for any position in any state
14 department, county or municipal government, which may now or which may hereaf-
15 ter require competitive examination under merit system or civil service plan
16 of selecting employees: The names of all five (5) point preference eligibles
17 resulting from any merit system or civil service examination shall be placed
18 on the register in accordance with their augmented rating. As used in this
19 subsection, "war veteran" shall mean a veteran as defined in 5 U.S.C. section
20 2108.
21 (2) Ten (10) points shall be added to the earned rating of veterans dis-
22 charged under honorable conditions who qualify as disabled veterans because
23 they have served on active duty in the armed forces at any time and have a
24 present service connected disability of ten percent (10%) or more. Ten (10)
25 points shall also be added to the earned rating of the widow or widower of any
26 disabled veteran as long as he or she remains unmarried, the spouse of any
27 eligible disabled veteran who is physically unable to perform the work in the
28 position to which the spouse seeks to apply the preference, when required to
29 take competitive examination for any position in any state department, county
30 or municipal government, which may now or which may hereafter require competi-
31 tive examinations under merit system or civil service plan of selecting
32 employees: The names of all ten (10) point preference eligibles resulting from
33 any merit system or civil service examination shall be placed at the top of
34 the register above the names of all nonpreference eligibles in accordance with
35 their augmented rating.
36 The additional points added by reason of veteran's preference shall be
37 used only for the purpose of initial appointment and not for the purpose of
38 promotions.
39 (3) For the purpose of this section, an initial appointment shall meet
40 the following criteria:
41 (a) The appointment shall be the first time a qualified veteran is hired
42 by a county, municipal government or state agency and subsequent separa-
43 tion from the county, municipal government or state agency shall not
2
1 result in the award of new preference points with such employer.
2 (b) Preference points shall only be applied if the county, municipal gov-
3 ernment or state agency is using a point system to rank candidates for the
4 particular opening.
5 SECTION 2. That Section 67-5309, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
8 MISSION. The administrator of the division of human resources shall have the
9 power and authority to adopt, amend, or rescind such rules as may be necessary
10 for proper administration of this chapter. Such rules shall include:
11 (a) A rule requiring the administrator, after consulting with each
12 department to develop, adopt, and make effective, a job classification system
13 for positions covered by this chapter, based upon an analysis of the duties
14 and responsibilities of the positions. The job classification shall include an
15 appropriate title for each class, and a description of duties and responsibil-
16 ities of positions in the classes and the requirements of minimum training,
17 experience and other qualifications, suitable for the performance of duties of
18 the position.
19 (b) A rule describing the relevant labor markets and benchmark job clas-
20 sifications used in the administrator's salary surveys.
21 (c) A rule requiring that all classes of positions which are common to
22 the departments concerned shall have the same titles, minimum requirements and
23 compensation ranges.
24 (d) A rule providing for review by the administrator of the personnel
25 system including classifications and compensation policies and procedures.
26 (e) A rule that, notwithstanding the procedure for examination and rank-
27 ing of eligibles on a register provided in subsection (f) of this section, an
28 agency may appoint an individual directly into an entrance or promotional pro-
29 bation if the division of vocational rehabilitation, Idaho commission for the
30 blind and visually impaired or the industrial commission certifies, with the
31 concurrence of division of human resources staff, that the individual (1) has
32 a disability or handicap as defined under state or federal law; (2) is quali-
33 fied to perform the essential functions of a particular classified position
34 with or without reasonable accommodation; and (3) lacks competitiveness in the
35 examination process due to the disability or handicap. The probationary period
36 as provided in subsection (j) of this section shall be the sole examination
37 for such individuals.
38 (f) A rule requiring fair and impartial selection of appointees to all
39 positions other than those defined as nonclassified in this chapter, on the
40 basis of open competitive merit examinations or evaluations. An application
41 for an examination will be accepted after the closing date of the examination
42 from a person who was serving in the armed forces, or undergoing hospitaliza-
43 tion of no more than one (1) year following discharge, during any period in
44 which the examination was open; the application must be submitted within one
45 hundred twenty (120) days of separation from the armed forces or hospitaliza-
46 tion and prior to the expiration of the register established as a result of
47 the examination. A disabled veteran may file an application at any time for
48 any position for which the division maintains a register or for which a regis-
49 ter is about to be established, provided he or she has not already been exam-
50 ined twice for the same position and grade for which application is made, does
51 not have current eligibility on that register, or is not serving in a competi-
52 tive position in the same grade for which application is made. Examinations
53 may be assembled or unassembled and may include various examining techniques
3
1 such as rating of training and experience, written tests, oral interviews,
2 recognition of professional licensing, performance tests, investigations and
3 any other measure of ability to perform the duties of the position. Examina-
4 tions shall be scored objectively. Five (5) points shall be added to the
5 earned rating of any war veteran as defined in section 65-506, Idaho Code, and
6 the widow or widower of any war veteran as defined in section 65-506, Idaho
7 Code, as long as he or she remains unmarried. Pursuant to section 65-506,
8 Idaho Code, ten (10) points shall be added to the earned rating of any dis-
9 abled veteran, the widow or widower of any disabled veteran as long as he or
10 she remains unmarried or the spouse of any disabled veteran who is physically
11 unable to perform the work in the position to which the spouse seeks to apply
12 the preference. Employment registers shall be established in order of final
13 score except that the names of all five (5) point preference eligibles result-
14 ing from any merit system or civil service examination shall be placed on the
15 register in accordance with their augmented rating, and the names of all ten
16 (10) point preference eligibles shall be placed at the top of the register
17 above the names of all nonpreference eligibles. Certification of eligibility
18 for appointment to vacancies shall be in accordance with a formula which lim-
19 its selection by the hiring department from among the ten (10) top ranking
20 available eligibles plus the names of all individuals with scores identical to
21 the tenth ranking eligible on the register. A register with at least five (5)
22 eligibles shall be adequate. Selective certification shall be permitted when
23 justified by the hiring department, under rules to be made by the division
24 defining adequate justification based on the duties and requirements of the
25 positions. Such examinations need not be held until after the rules have been
26 adopted, the service classified and a pay plan established, but shall be held
27 not later than one (1) year after departments commence participation in the
28 personnel system.
29 (g) A rule that, whenever practicable, a vacancy in a classified position
30 shall be filled by the promotion of a qualified permanent employee of the
31 agency in which the vacancy occurs. An interagency promotion shall be made
32 through competitive examination and all qualified state employees shall have
33 the opportunity to compete for such promotions. If an employee's name appears
34 within certifiable range on a current register for a higher class of position,
35 he shall be eligible for a transfer and promotion.
36 (h) A rule for development and maintenance of a system of service ratings
37 and the use of such ratings by all departments in connection with promotions,
38 demotions, retentions, separations and reassignments. The rule shall require
39 that an evaluation of each classified employee shall be made after each two
40 thousand eighty (2,080) hour period of credited state service, and that a copy
41 of the evaluation shall be filed with the division.
42 (i) A rule prohibiting disqualification of any person from taking an
43 examination, from appointment to a position, from promotion, or from holding a
44 position because of race or national origin, color, sex, age, political or
45 religious opinions or affiliations, and providing for right of appeal.
46 (j) A rule establishing a probation period not to exceed one thousand
47 forty (1,040) hours of credited state service for all appointments and promo-
48 tions, except that peace officers as defined in section 19-5101, Idaho Code,
49 shall be subject to a probation period of two thousand eighty (2,080) hours of
50 credited state service, and for the appointing authority to provide the
51 employee and the administrator a performance evaluation indicating satisfac-
52 tory or unsatisfactory performance not later than thirty (30) days after the
53 expiration of the probationary period. The rule shall provide that if the
54 appointing authority fails to provide a performance evaluation within thirty
55 (30) days after the expiration of the probationary period, the employee shall
4
1 be deemed to have satisfactorily completed the probation unless the appointing
2 authority receives approval from the administrator to extend the probationary
3 period for good cause for an additional specified period not to exceed one
4 thousand forty (1,040) hours of credited state service. If an employee is per-
5 forming in an unsatisfactory manner during the entrance probationary period,
6 the appointing authority shall ask the employee to resign, and if no resigna-
7 tion is submitted, shall terminate the employment of such employee without the
8 right of grievance or appeal.
9 (k) A rule concerning provisional appointments.
10 (l) A rule concerning temporary appointments.
11 (m) A rule governing the employment of consultants and persons retained
12 under independent contract.
13 (n) A rule for the disciplinary dismissal, demotion, suspension or other
14 discipline of employees only for cause with reasons given in writing. Such
15 rule shall provide that any of the following reasons shall be proper cause for
16 the disciplinary dismissal, demotion or suspension of any employee in the
17 state classified service:
18 1. Failure to perform the duties and carry out the obligations imposed by
19 the state constitution, state statutes and rules of the employee's depart-
20 ment, or rules of the administrator or the division.
21 2. Inefficiency, incompetency, or negligence in the performance of
22 duties.
23 3. Physical or mental incapability for performing assigned duties.
24 4. Refusal to accept a reasonable and proper assignment from an autho-
25 rized supervisor.
26 5. Insubordination or conduct unbecoming a state employee or conduct det-
27 rimental to good order and discipline in the employee's department.
28 6. Intoxication on duty.
29 7. Careless, negligent, or improper use or unlawful conversion of state
30 property, equipment or funds.
31 8. Use of any influence which violates the principles of the merit system
32 in an attempt to secure a promotion or privileges for individual advan-
33 tage.
34 9. Conviction of official misconduct in office, or conviction of any fel-
35 ony, or conviction of any other crime involving moral turpitude.
36 10. Acceptance of gifts in exchange for influence or favors given in the
37 employee's official capacity.
38 11. Habitual pattern of failure to report for duty at the assigned place
39 and time.
40 12. Habitual improper use of sick leave privileges.
41 13. Unauthorized disclosure of confidential information from official
42 records.
43 14. Absence without leave.
44 15. Misstatement or deception in the application for the position.
45 16. Failure to obtain or maintain a current license or certificate law-
46 fully required as a condition for performing the duties of the job.
47 17. Prohibited participation in political activities.
48 (o) A rule to establish procedures for maintenance of a record of the
49 employment history and appropriate information relating to performance of all
50 employees under the personnel system. For the purposes of this rule, the state
51 shall be considered one (1) employer.
52 (p) Rules to provide for recruitment programs in cooperation with depart-
53 ment heads and the employment security agency in keeping with current employ-
54 ment conditions and labor market trends.
55 (q) Rules to establish procedures for examinations as necessary for the
5
1 purpose of maintaining current registers from which to fill employment vacan-
2 cies.
3 (r) Other rules not inconsistent with the foregoing provisions of this
4 section as may be necessary and proper for the administration and enforcement
5 of this chapter.
6 (s) A rule concerning "project exempt" appointments.
7 (t) Rules relating to leave for state employees from official duties
8 including, but not limited to, sick leave, military leave, jury duty, leaves
9 of absence without compensation and such other forms of absence from perfor-
10 mance of duties in the course of state employment as may be necessary.
11 (u) A rule providing for five percent (5%) shift differential pay.
12 SECTION 3. An emergency existing therefor, which emergency is hereby
13 declared to exist, this act shall be in full force and effect on and after its
14 passage and approval.
STATEMENT OF PURPOSE
RS ll766Cl
The purpose of this legislation is to clarify the conditions under
which a veteran is entitled to a five point preference on
competitive examinations. *
FISCAL IMPACT
No fiscal impact would be expected as a result of this bill.
*
Contact
Name: Rep. George Eskridge
Phone: 332-1237
Rep. Ruby Stone 322-1260
Rep. Fred Tilman 322-1263
STATEMENT OF PURPOSE/FISCAL NOTE H 616