2002 Legislation
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HOUSE BILL NO. 616 – Veterans points/civil service exams


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
 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
  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:
  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
  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
  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
  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 / Fiscal Impact

                       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.


Name:	Rep. George Eskridge
Phone:	332-1237
Rep. Ruby Stone 322-1260
Rep. Fred Tilman 322-1263