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HOUSE BILL NO. 571
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H0571......................................................by STATE AFFAIRS
PUBLIC EMPLOYEES - VETERANS - Amends, repeals and adds to existing law
relating to veterans to provide a statement of purpose; to define terms; to
revise provisions applicable to certain preferences given by public
employers; to revise provisions applicable to preference and addition of
points to competitive examination ratings; repealing law relating to
refusing employment or discharge; to revise provisions applicable to
observance by officials of the preference and exceptions; to revise
provisions applicable to the failure or refusal to give preference; to
provide for reemployment and leaves of absence; repealing law relating to
reemployment rights of public employees called for military duty, rights
after reinstatement, leaves of absence for public employees who are not
accepted for military duty, enforcement and certain definitions; and to
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to St Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker),
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Nonini
Floor Sponsor - Bolz
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to St Aff
02/24 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw
Floor Sponsors - Lodge & McKenzie
Title apvd - to House
03/08 To enrol
03/09 Rpt enrol - Sp signed
03/10 Pres signed
03/13 To Governor
03/14 Governor signed
Session Law Chapter 51
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 571
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VETERANS; AMENDING CHAPTER 5, TITLE 65, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 65-501, IDAHO CODE, TO PROVIDE A STATEMENT OF PUR-
4 POSE; AMENDING CHAPTER 5, TITLE 65, IDAHO CODE, BY THE ADDITION OF A NEW
5 SECTION 65-502, IDAHO CODE, TO DEFINE TERMS; REPEALING SECTION 65-503,
6 IDAHO CODE, RELATING TO GROUNDS FOR REFUSING EMPLOYMENT OR DISCHARGING
7 FROM EMPLOYMENT; AMENDING SECTION 65-502, IDAHO CODE, TO REDESIGNATE THE
8 SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE PREFERENCE GIVEN TO
9 QUALIFIED VETERANS, SPOUSES, WIDOWS AND WIDOWERS BY PUBLIC EMPLOYERS;
10 AMENDING SECTION 65-506, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
11 REVISE PROVISIONS APPLICABLE TO THE BASIC PREFERENCE AND THE ADDITION OF
12 POINTS TO COMPETITIVE EXAMINATION RATINGS; AMENDING SECTION 65-504, IDAHO
13 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO
14 OBSERVANCE BY OFFICIALS OF THE PREFERENCE AND EXCEPTIONS; AMENDING SECTION
15 65-505, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS
16 APPLICABLE TO THE FAILURE OR REFUSAL TO GIVE PREFERENCE AND TO MAKE TECH-
17 NICAL CORRECTIONS; REPEALING SECTION 65-507, IDAHO CODE, DEFINING
18 "DISABLED VETERAN"; AMENDING SECTION 65-508, IDAHO CODE, TO REDESIGNATE
19 THE SECTION AND TO REVISE PROVISIONS RELATING TO APPLICATION; AMENDING
20 CHAPTER 5, TITLE 65, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 65-508,
21 IDAHO CODE, TO PROVIDE FOR REEMPLOYMENT AND LEAVES OF ABSENCE; REPEALING
22 SECTION 65-509, IDAHO CODE, DEFINING "VETERAN" AND REPEALING SECTION
23 65-510, IDAHO CODE, RELATING TO DEFINITIONS; AMENDING SECTION 65-501,
24 IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 65-515, IDAHO
25 CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE CORRECT TERMINOLOGY;
26 REPEALING SECTION 65-511, IDAHO CODE, RELATING TO REEMPLOYMENT RIGHTS OF
27 PUBLIC EMPLOYEES CALLED FOR MILITARY DUTY, REPEALING SECTION 65-512, IDAHO
28 CODE, RELATING TO RIGHTS AFTER REINSTATEMENT, REPEALING SECTION 65-513,
29 IDAHO CODE, RELATING TO LEAVES OF ABSENCE FOR PUBLIC EMPLOYEES WHO ARE NOT
30 ACCEPTED FOR MILITARY DUTY AND REPEALING SECTION 65-514, IDAHO CODE,
31 RELATING TO ENFORCEMENT; AMENDING CHAPTER 5, TITLE 65, IDAHO CODE, BY THE
32 ADDITION OF A NEW SECTION 65-511, IDAHO CODE, TO PROVIDE SEVERABILITY;
33 AMENDING SECTION 67-5302, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SEC-
34 TION 67-5309, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE RULES OF
35 THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COMMISSION; AND AMENDING
36 SECTION 49-123, IDAHO CODE, TO REVISE A CODE REFERENCE AND TO MAKE A TECH-
37 NICAL CORRECTION.
38 Be It Enacted by the Legislature of the State of Idaho:
39 SECTION 1. That Chapter 5, Title 65, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 65-501, Idaho Code, and to read as follows:
42 65-501. STATEMENT OF PURPOSE. It is the intent of the legislature to
43 honor veterans of the armed forces by providing preference in initial appoint-
1 ments to public sector jobs in Idaho. Veteran's preference is intended to
2 honor those citizens who have served their country in active duty by providing
3 veterans a more favorable competitive position for government employment and
4 acknowledging the larger sacrifice of disabled veterans. Eligible veterans are
5 provided advantages in public employment in Idaho, including preference for
6 initial employment and retention in the event of layoffs. Veteran's preference
7 requires public employers to provide additional consideration for eligible
8 veterans, but it does not guarantee the veteran a job.
9 SECTION 2. That Chapter 5, Title 65, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 65-502, Idaho Code, and to read as follows:
12 65-502. DEFINITIONS. As used in this chapter:
13 (1) "Armed forces" means the army, navy, marine corps, coast guard, air
14 force, and the reserve components thereof.
15 (2) "Disabled veteran" means those honorably separated veterans who:
16 (a) Qualify as disabled veterans because they have served on active duty
17 in the armed forces and have a current service-connected disability of ten
18 percent (10%) or more or are receiving compensation related to a service-
19 connected disability including retirement benefits or pension from the
20 military or the department of veterans affairs; or
21 (b) Are purple heart recipients.
22 (3) "Honorable conditions" means an honorable discharge or a general dis-
23 charge "under honorable conditions."
24 (4) "Initial appointment" means the first time a qualified veteran is
25 hired by a county or a municipal government or the state, provided however,
26 subsequent separation from the county, municipal government or the state shall
27 not result in the award of new preference or preference points with that gov-
28 ernmental entity. "Initial appointment" shall not include:
29 (a) Jobs held by patients, inmates or students in or enrolled at a state
31 (b) Temporary or casual employment; or
32 (c) An office filled by election.
33 (5) "Key employee" means an individual specifically hired for an "at
34 will" or nonclassified position for which there is no selection process, such
35 as a position as a private secretary or deputy of an official or department
36 who holds a confidential relationship to the appointing or employing officer.
37 (6) "Military duty" means training and service performed by an inductee,
38 enlistee or reservist or any entrant into a component of the armed forces of
39 the United States, provided "military duty" shall not include active duty
40 training as a reservist in the armed forces of the United States or as a mem-
41 ber of the national guard of the United States where the call is for training
43 (7) "Position" means a job held by a public employee but shall not
45 (a) A job held by a patient, inmate or student in or enrolled at a state
47 (b) Temporary or casual employment; or
48 (c) An office filled by election.
49 (8) "Public employee" means any person holding a position in public
51 (9) "Public employer" means any government, department or agency men-
52 tioned in subsection (10) of this section employing a public employee in a
1 (10) "Public employment" means employment of the government of this state,
2 or of any county, municipality or other political subdivision of the state,
3 including any department or agency thereof.
4 (11) "Register" means a list of names of persons who have been determined
5 to be eligible for employment in a classified position as determined on the
6 basis of examination and merit factors as established in a civil service sys-
8 (12) "Service-connected disability" means that the veteran is disabled due
9 to injury or illness that was incurred in or aggravated by military service as
10 certified by the federal veterans administration or an agency of the depart-
11 ment of defense.
12 (13) "Temporary or casual employment" means employment for a brief,
13 nonrecurrent period where there is no reasonable expectation that such employ-
14 ment will continue indefinitely or for a significant period of time.
15 (14) "Veteran" means any person who has:
16 (a) Served on active duty in the armed forces during a war, in a campaign
17 or expedition for which a campaign badge has been authorized, or during
18 the period beginning April 28, 1952, and ending July 1, 1955;
19 (b) Served on active duty as defined in 38 U.S.C. section 101(21) at any
20 time in the armed forces for a period of more than one hundred eighty
21 (180) consecutive days, any part of which occurred after January 31, 1955,
22 and before October 15, 1976, not including service under 10 U.S.C. section
23 12103(d) pursuant to an enlistment in the army national guard or the air
24 national guard or as a reserve for service in the army reserve, naval
25 reserve, air force reserve, marine corps reserve or coast guard reserve;
26 (c) Served on active duty as defined in 38 U.S.C. section 101(21) in the
27 armed forces during the period beginning on August 2, 1990, and ending on
28 January 2, 1992; or
29 (d) Served as may be further defined in 38 U.S.C. section 101(11).
30 SECTION 3. That Section 65-503, Idaho Code, be, and the same is hereby
32 SECTION 4. That Section 65-502, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 65-50 23. PREFERENCE TO BE GIVEN QUALIFIED VETERANS, SPOUSES, WIDOWS AND
35 WIDOWERS BY PUBLIC EMPLOYERS. (1) Eligibility for preference.
36 (a) Veterans and disabled veterans as defined in section 56-502, Idaho
38 (b) A widow or widower of any veteran as long as he or she remains unmar-
40 (c) The wife or husband of a service-connected disabled veteran if the
41 veteran cannot qualify for any public employment because of a service-con-
42 nected disability.
43 (2) Employer obligations.
44 (a) Public employers must give notice in all announcements and advertise-
45 ments of vacancies that preference in appointment will be given to eligi-
46 ble veterans, and application forms must inquire whether the applicant is
47 claiming veteran's preference and whether the applicant has previously
48 claimed such a preference. An applicant claiming preference is responsible
49 for providing required documentation at the time of making application.
50 The employer must inform applicants of the requirements for documentation.
51 (b) In all public employment, of any kind or character, excluding confi-
52 dential secretarial positions, in all state, county, and municipal govern-
1 ments and departments and in all political subdivisions thereof key
2 employee positions, the hiring official or person in charge of such unit
3 of government shall give preference to the employment of veterans. who
4 served on military duty in the armed forces of the United States for a
5 period of more than one hundred eighty (180) days or whose discharge or
6 release from military duty was for a disability incurred or aggravated in
7 line of duty, who are discharged under honorable conditions, and who are
8 residents of the state of Idaho when the application for work or employ-
9 ment is made.
10 (c) An application for an examination for appointment to a public employ-
11 ment position in said public employment will be accepted after the closing
12 date of the examination from a person who was serving in the armed forces,
13 or undergoing service-connected hospitalization of no more than up to one
14 (1) year following discharge. during any period in which the examination
15 was open. The application must be submitted within one hundred twenty
16 (120) days of his or her separation from the armed forces or hospitaliza-
17 tion and prior to the expiration of any register established as a result
18 of the examination.
19 (d) A disabled veteran may file an application at any time up until a
20 selection has been made for any position for which a register is then
21 maintained as a source for future job openings, or for which a register is
22 about to be established, provided he or she has not already been examined
23 twice for the same position and grade for which application is made, does
24 not have current eligibility on that register, or is not serving in a com-
25 petitive position in the same grade for which application is made. If a
26 register is not used as part of the selection process, a disabled veteran
27 may file an application after the closing date, but such application will
28 only be considered if a selection has not been made and the selection
29 process is still active.
30 (e) An appointing authority may refuse to accept an application from an
31 otherwise qualified veteran who is deemed unqualified through his or her
32 actions. Examples of such actions include dismissal for cause from a pub-
33 lic entity, a felony conviction, or conduct unbecoming a public employee.
34 Such refusal must be supported by good cause and is appealable pursuant to
35 section 65-506, Idaho Code.
36 SECTION 5. That Section 65-506, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 65-50 64. BASIC PREFERENCE AND ADDITION OF POINTS TO COMPETITIVE EXAMINA-
39 TION RATINGS. (1) An individual who qualifies for a veteran's employment pref-
40 erence is entitled to a preference in initial appointment with a public
41 employer over other applicants for the same position who are not more quali-
43 (2) Five (5) percentage points shall be added to the earned rating of any
44 war veteran and the widow or widower of any war veteran as long as he or she
45 remains unmarried, when required to take competitive examination for any posi-
46 tion in any state department, county or municipal government, which may now or
47 which may hereafter require competitive examination under merit system or
48 civil service plan of selecting employees: The names of all five (5) point
49 preference eligibles resulting from any merit system or civil service examina-
50 tion shall be placed on the register in accordance with their augmented rat-
51 ing. As used in this subsection, "war veteran" shall mean a veteran as defined
52 in 5 U.S.C. section 2108 The additional points added by reason of veteran's
53 preference shall be used only for the purpose of initial appointment and not
1 for the purpose of any promotion, transfer or reassignment.
2 ( 23) Ten (10) percentage points shall be added to the earned rating of
3 veterans discharged under honorable conditions who qualify as disabled vet-
4 erans because they have served on active duty in the armed forces at any time
5 and have a present current service-connected disability of ten percent (10%)
6 or more. Ten Alternatively, ten (10) percentage points shall also be added to
7 the earned rating of the widow or widower of any disabled veteran as long as
8 he or she remains unmarried , or the spouse of any eligible disabled veteran
9 who is physically unable to perform the work in the position to which the
10 spouse seeks to apply the preference, when required to take competitive exami-
11 nation for any position in any state department, county or municipal govern-
12 ment, which may now or which may hereafter require competitive examinations
13 under merit system or civil service plan of selecting employees: cannot qual-
14 ify for any public employment because of a service-connected disability. The
15 names of all ten (10) point preference eligibles resulting from any merit sys-
16 tem or civil service examination shall be placed at the top of on the register
17 above the names of all nonpreference eligibles in accordance with their
18 augmented rating. The additional points added by reason of veteran's prefer-
19 ence shall be used only for the purpose of initial appointment and not for
20 the purpose of any promotion s, transfer or reassignment.
21 ( 34) For the purpose of this section, an initial appointment shall meet
22 the following criteria:
23 (a) The appointment shall be the first time a qualified veteran is hired
24 by a county, municipal government or state agency and subsequent separa-
25 tion from the county, municipal government or state agency shall not
26 result in the award of new preference points with such employer.
27 (b) Preference points shall only be applied if the county, municipal gov-
28 ernment or state agency is using a point system to rank candidates for the
29 particular opening Veterans discharged under honorable conditions who
30 served on active duty in the armed forces at any time and have a current
31 service-connected disability of thirty percent (30%) or more shall be
32 offered an interview if they are one (1) of the top ten (10) qualified
33 applicants. If applicants are not ranked, an interview must be offered to
34 such veterans who fully meet all qualifications for the position. Notwith-
35 standing this subsection, employers shall not be required to interview
36 more than a total of ten (10) applicants regardless of the number of such
37 qualified veteran applicants.
38 SECTION 6. That Section 65-504, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 65-50 45. OFFICIALS TO OBSERVE PREFERENCE -- EXCEPTIONS. All elective
41 officers, department heads, boards, commissions and/or other public officials
42 of all state, county or municipal governments and departments and all politi-
43 cal subdivisions thereof, who may be authorized to select or hire employees,
44 are hereby required to strictly observe this preference for veterans and dis-
45 abled veterans , when implementing a reduction in force, filling vacancies or
46 selecting new employees, provided that this act chapter shall not apply to
47 confidential secretarial key employee positions. This preference shall be
48 granted without regard to political affiliation or indorsements endorsements
49 to veterans and disabled veterans who are qualified for the position or posi-
50 tions to be filled. In the event of an emergency which may endanger the
51 health, safety, and public welfare, the provisions of this act chapter may be
52 dispensed with temporarily, but in no event shall persons who were employed to
53 meet such emergencies be permitted to work for a period of time exceeding ten
1 ninety ( 190) days, except such employees who meet all the requirements pro-
2 vided for in the act chapter.
3 SECTION 7. That Section 65-505, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 65-50 56. FAILING OR REFUSING TO GIVE PREFERENCE -- CIVIL LIABILITY. All
6 elective officers, department heads, boards, commissions and all other public
7 officials in any state, county and municipal governments and departments, and
8 in all political subdivisions thereof, (1) Individuals who believe they have
9 been denied a right or benefit under this chapter may file an appeal with the
10 governing body of such jurisdiction or unit of government within thirty-five
11 (35) days of the alleged denial of preference. If an appeal process does not
12 exist for that jurisdiction or unit of government, the complainant may file
13 directly in district court.
14 (2) The division of veterans services is authorized and directed to issue
15 rules for the enforcement of this chapter. Such rules shall include, but are
16 not limited to, procedures public employers may implement for an internal
17 process which must be exhausted prior to gaining access to the courts.
18 (3) Any public employer who deliberately or wilfully willfully refuses or
19 fails to give preference to qualified war veterans required by the provisions
20 of this act chapter shall be subject to writs of mandate pursuant to sections
21 7-301 to through 7-314, Idaho Code, and if found in violation of any such pro-
22 visions shall be required to pay the costs of suit and reasonable attorney's
23 fees incurred in such action, and shall may further be required to employ or
24 reemploy the war veteran, and shall be required to pay as damages such amount
25 as the court may award, but in no event shall the amount of such damages , and
26 costs of suit and attorney's fees exceed the sum of two hundred fifty five
27 thousand dollars ($ 2505,000) or ten percent (10%) of the annual salary of the
28 position, whichever is higher. Such action must be commenced not more than one
29 hundred eighty (180) days from the alleged denial of preference, provided how-
30 ever, applicants for classified state employment remain subject to the proce-
31 dures set forth in section 67-5316, Idaho Code. If an appeal process is in
32 place pursuant to subsection (1) of this section, the one hundred eighty (180)
33 days will not begin until that process has been exhausted.
34 SECTION 8. That Section 65-507, Idaho Code, be, and the same is hereby
36 SECTION 9. That Section 65-508, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 65-50 87. APPLICATION OF ACT CHAPTER LIMITED. This act chapter shall not
39 apply to work performed where federal funds are contributed, if in conflict
40 with federal laws or regulations under which the work is done restrict employ-
41 ment eligibility to specific individuals or groups.
42 SECTION 10. That Chapter 5, Title 65, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 65-508, Idaho Code, and to read as follows:
45 65-508. REEMPLOYMENT AND LEAVE OF ABSENCE. All public employers shall
46 comply with the reemployment, leave of absence, and other provisions of the
47 uniformed services employment and reemployment rights act, 38 U.S.C. section
48 4301, et seq.
1 SECTION 11. That Sections 65-509 and 65-510, Idaho Code, be, and the same
2 are hereby repealed.
3 SECTION 12. That Section 65-501, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 65-50 19. MALES OF OR OVER EIGHTEEN YEARS OF AGE EMPOWERED TO CONTRACT
6 UNDER G.I. BILL OF RIGHTS. Males of the age of eighteen (18) years and over
7 are expressly authorized to incur obligations and enter into necessary con-
8 tracts to comply with the requirements of the federal "G.I. Bill of Rights"
9 (being the act of June 22, 1944 (58 Stat. 291, 38 U.S.C.A. 694) and acts amen-
10 datory thereof or supplemental thereto). A minor can not disaffirm such con-
11 tract if otherwise valid.
12 SECTION 13. That Section 65-515, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 65-51 50. RELATION TO OTHER LAWS. Any laws or parts of laws, which are
15 inconsistent with the provisions of this act chapter, or which would serve to
16 defeat the purposes thereof, shall to such extent be deemed inapplicable to
17 public employers and public employees in the exercise of the rights and privi-
18 leges conferred by this act chapter.
19 SECTION 14. That Sections 65-511, 65-512, 65-513 and 65-514, Idaho Code,
20 be, and the same are hereby repealed.
21 SECTION 15. That Chapter 5, Title 65, Idaho Code, be, and the same is
22 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
23 ignated as Section 65-511, Idaho Code, and to read as follows:
24 65-511. SEVERABILITY. The provisions of this chapter are hereby declared
25 to be severable and if any provision of this chapter or the application of
26 such provision to any person or circumstance is declared invalid for any rea-
27 son, such declaration shall not affect the validity of the remaining portions
28 of this chapter.
29 SECTION 16. That Section 67-5302, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
32 tions of the Idaho Code, each of the terms defined in this section shall have
33 the meaning given in this section unless a different meaning is clearly
34 required by the context. Such terms and their definitions are:
35 (1) "Administrative employee" means any person, nonclassified or classi-
36 fied appointed to a position which meets the following criteria:
37 1. (a) Responsible office or nonmanual work directly related to the man-
38 agement policies of a department or section; or
39 (b) Responsible work that is directly related to academic instruc-
40 tion or training carried on in the administration of a school system
41 or educational establishment; and
42 2. The employee must customarily and regularly exercise discretion and
43 independent judgment, as distinguished from using skills and following
44 procedures. The employee must have the authority to make important deci-
45 sions; and
46 3. The employee must:
1 (a) Regularly assist a bona fide executive or administrative
2 employee; or
3 (b) Perform work under general supervision along specialized or
4 technical lines requiring special training, experience or knowledge;
6 (c) Execute under only general supervision special assignments; and
7 4. The employee is classified to a position allocated to the pay grade
8 equivalent to two hundred sixty (260) points or higher pursuant to the
9 rating system established by section 67-5309C, Idaho Code.
10 5. Final designation of a classified position as "administrative" within
11 this definition shall be made by the administrator of the division of
12 human resources.
13 (2) "Administrator" means the administrator of the division of human
14 resources in the governor's office.
15 (3) "Appointing authority" means the officer, board, commission, person
16 or group of persons authorized by statute or lawfully delegated authority to
17 make appointments to or employ personnel in any department.
18 (4) "Class" means a group of positions sufficiently similar as to the
19 duties performed, degree of supervision exercised or required, minimum
20 requirements of training, experience or skill, and other characteristics, that
21 the same title, the same tests of fitness and the same schedule of compensa-
22 tion may be applied to each position in the group.
23 (5) "Classified officer or employee" means any person appointed to or
24 holding a position in any department of the state of Idaho which position is
25 subject to the provisions of the merit examination, selection, retention, pro-
26 motion and dismissal requirements of chapter 53, title 67, Idaho Code.
27 (6) "Commission" means the Idaho personnel commission.
28 (7) "Compensatory time" means approved time off from duty provided in
29 compensation for overtime hours worked.
30 (8) "Department" means any department, agency, institution or office of
31 the state of Idaho.
32 (9) "Disabled veteran" means an individual who has served on military
33 duty in the armed forces of the United States during any period of war recog-
34 nized by the United States department of veterans affairs for the purposes of
35 awarding federal veterans benefits as may be defined in title 38, U.S. code,
36 chapter 1, section 101(11), or during any other conflict recognized by the
37 award of a campaign or service medal of the United States; and has been sepa-
38 rated therefrom under honorable conditions; and has established the present
39 existence of a service-connected disability; and is receiving compensation,
40 disability retirement benefits, or pension under a public statute as adminis-
41 tered by the department of veterans affairs or a military department is as
42 defined in section 65-502, Idaho Code.
43 (10) "Earned administrative leave" means hours which exceed the regularly
44 scheduled hours but do not result in overtime. These hours may accrue after
45 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
47 (11) "Eligible" means a person who has been determined to be qualified for
48 a classified position and whose name has been placed on the register of eligi-
50 (12) "Executive employee" means any person, nonclassified or classified,
51 appointed to a position equivalent to a bureau chief or above as provided in
52 section 67-2402, Idaho Code, or any employee meeting the following criteria:
53 1. An individual whose primary duty is management of a department, divi-
54 sion or section; and
55 2. Who customarily and regularly directs the work of at least two (2) or
1 more other employees therein; and
2 3. Who has the authority to hire and fire, or to recommend hiring and
3 firing; or whose recommendation on these and other actions affecting
4 employees is given particular weight; and
5 4. Who customarily and regularly exercises discretionary powers; and
6 5. Who is classified to a position allocated to the pay grade equivalent
7 to two hundred sixty (260) points or higher pursuant to the rating system
8 established by section 67-5309C, Idaho Code.
9 6. Final designation of a classified position as "executive" in this def-
10 inition shall be made by the administrator.
11 (13) "Exempt employee" means any employee, classified or nonclassified,
12 who is determined to be an executive, professional or administrative employee
13 as defined herein, or who qualifies for any other exemption from cash compen-
14 sation for overtime under applicable federal law. Final designation of a clas-
15 sified position as exempt shall be made by the administrator.
16 (14) "Full-time employee" means any employee working a forty (40) hour
17 work week.
18 (15) "Holiday" means the following:
19 January 1 (New Year's Day);
20 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
22 Third Monday in February (Washington's Birthday);
23 Last Monday in May (Memorial Day);
24 July 4 (Independence Day);
25 First Monday in September (Labor Day);
26 Second Monday in October (Columbus Day);
27 November 11 (Veterans Day);
28 Fourth Thursday in November (Thanksgiving);
29 December 25 (Christmas).
30 In addition, the term "holiday" shall mean any day so designated by the Presi-
31 dent of the United States or the governor of this state for a public fast,
32 thanksgiving or holiday.
33 In the event that a holiday occurs on a Saturday, the preceding Friday
34 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
35 shall be a holiday.
36 A holiday is a day of exemption from work granted to employees during
37 which said employees shall be compensated as if they actually worked.
38 (16) "Hours worked" means those hours actually spent in the performance of
39 the employee's job on any day including holidays, and shall not include vaca-
40 tion or sick leave or other approved leave of absence.
41 (17) "Nonclassified employee" means any person appointed to or holding a
42 position in any department of the state of Idaho, which position is exempted
43 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
44 section 67-5303, Idaho Code.
45 (18) "Normal work week" means any forty (40) hours worked during a partic-
46 ular one hundred sixty-eight (168) hour period as previously established by
47 the employee's appointing authority.
48 (19) "Open competitive examination" means an examination which may be
49 taken by qualified applicants to compete on an equal basis for listing on the
50 register of eligibles.
51 (20) "Overtime work" means time worked on holidays and time worked in
52 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
53 secutive hours, except that in the case of those employees engaged in law
54 enforcement, correctional and fire protection activities characterized by
55 irregular shift work schedules, time worked in excess of one hundred sixty
1 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
2 overtime work within the meaning of this chapter.
3 (21) "Participating department" means any department of the state of Idaho
4 which employs persons in classified positions subject to the merit examina-
5 tion, selection, retention, promotion and dismissal requirements of this chap-
7 (22) "Part-time employee" means any employee whose usually scheduled work
8 is less than forty (40) hours in a period of one hundred sixty-eight (168)
9 consecutive hours.
10 (23) "Personnel system" means the procedure for administering employees in
11 accordance with this chapter.
12 (24) "Political office" means a public office for which partisan politics
13 is a basis for nomination, election or appointment.
14 (25) "Political organization" means a party which sponsors candidates for
15 election to political office.
16 (26) "Position" means a group of duties and responsibilities legally
17 assigned or delegated by one (1) or more appointing authorities and requiring
18 the employment of one (1) person.
19 (27) "Professional employee" means any person, nonclassified or classi-
20 fied, appointed to a position which meets the following criteria:
21 1. The employee's primary duty must be either:
22 (a) Work requiring knowledge of an advanced type in a field of sci-
23 ence or learning, customarily obtained by a prolonged course of spe-
24 cialized instruction and study; or
25 (b) Work that is original and creative in character in a recognized
26 field of artistic endeavor and the result of which depends primarily
27 on his invention, imagination, or talent; or
28 (c) Work as a teacher certified or recognized as such in a school
29 system or educational institution by which he is employed; and
30 2. The employee must consistently exercise discretion and judgment; and
31 3. The employee must do work that is predominantly intellectual and var-
32 ied, as distinguished from routine or mechanical duties; and
33 4. The employee is classified to a position allocated to the pay grade
34 equivalent to two hundred sixty (260) points or higher pursuant to the
35 rating system established in section 67-5309C, Idaho Code.
36 5. Final designation of a classified position as "professional" within
37 this definition shall be made by the administrator.
38 (28) "Provisional appointment" means appointment to a classified position
39 pending the establishment of a register for such position and employment shall
40 not be continued in this status longer than thirty (30) days after establish-
41 ment of a register.
42 (29) "Qualifying examination" means an examination or evaluation given to
43 a selected person to determine eligibility for reclassification or appointment
44 to a position in a classification.
45 (30) "Register" means a list of names of persons who have been determined
46 to be eligible for employment in a classified position as determined on the
47 basis of examination and merit factors as established by the administrator.
48 (31) "Seasonal appointment" means an appointment to a position which is
49 permanent in nature, but which has intermittent work periods throughout the
51 (32) "Service rating" means a recorded evaluation of work performance and
52 promotional potential of an employee by his supervisor.
53 (33) "Temporary appointment" means appointment to a position which is not
54 permanent in nature, and in which employment will not exceed one thousand
55 three hundred eighty-five (1,385) hours during any twelve (12) month period.
1 No person holding a temporary appointment may work in excess of one thousand
2 three hundred eighty-five (1,385) hours during a twelve (12) month period of
3 time for any one (1) department, except upon petition by the appointing
4 authority of the department of lands that demonstrates good cause, the admin-
5 istrator of the division of human resources may extend the one thousand three
6 hundred eighty-five (1,385) hour limit for employees of the department who are
7 required to perform fire suppression activities.
8 (34) "Vacation leave" means a period of exemption from work granted to
9 employees during which time said employees shall be compensated. The term
10 shall not include compensatory time for overtime work.
11 (35) "Veteran" means any person who has served in the active service of
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 purpose of awarding
14 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
15 section 101(11), or during any other conflict recognized by the award of a
16 campaign or service medal of the United States, and who has been discharged
17 under other than dishonorable conditions is as defined in section 65-502,
18 Idaho Code.
19 SECTION 17. That Section 67-5309, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
22 MISSION. The administrator of the division of human resources shall have the
23 power and authority to adopt, amend, or rescind such rules as may be necessary
24 for proper administration of this chapter. Such rules shall include:
25 (a) A rule requiring the administrator, after consulting with each
26 department to develop, adopt, and make effective, a job classification system
27 for positions covered by this chapter, based upon an analysis of the duties
28 and responsibilities of the positions. The job classification shall include an
29 appropriate title for each class, and a description of duties and responsibil-
30 ities of positions in the classes and the requirements of minimum training,
31 experience and other qualifications, suitable for the performance of duties of
32 the position.
33 (b) A rule describing the relevant labor markets and benchmark job clas-
34 sifications used in the administrator's salary surveys.
35 (c) A rule requiring that all classes of positions which are common to
36 the departments concerned shall have the same titles, minimum requirements and
37 compensation ranges.
38 (d) A rule providing for review by the administrator of the personnel
39 system including classifications and compensation policies and procedures.
40 (e) A rule that, notwithstanding the procedure for examination and rank-
41 ing of eligibles on a register provided in subsection (f) of this section, an
42 agency may appoint an individual directly into an entrance or promotional pro-
43 bation if the division of vocational rehabilitation, Idaho commission for the
44 blind and visually impaired or the industrial commission certifies, with the
45 concurrence of division of human resources staff, that the individual (1) has
46 a disability or handicap as defined under state or federal law; (2) is quali-
47 fied to perform the essential functions of a particular classified position
48 with or without reasonable accommodation; and (3) lacks competitiveness in the
49 examination process due to the disability or handicap. The probationary period
50 as provided in subsection (j) of this section shall be the sole examination
51 for such individuals.
52 (f) A rule requiring fair and impartial selection of appointees to all
53 positions other than those defined as nonclassified in this chapter, on the
1 basis of open competitive merit examinations or evaluations. An application
2 for an examination will be accepted after the closing date of the examination
3 from a person who was serving in the armed forces, or undergoing service-con-
4 nected hospitalization of no more than up to one (1) year following
5 discharge. , during any period in which the examination was open; tThe applica-
6 tion must be submitted within one hundred twenty (120) days of separation from
7 the armed forces or hospitalization and prior to the expiration of the regis-
8 ter established as a result of the examination. A disabled veteran may file an
9 application at any time up until a selection has been made for any position
10 for which the division maintains a register as a source for future job open-
11 ings or for which a register is about to be established, provided he or she
12 has not already been examined twice for the same position and grade for which
13 application is made, does not have current eligibility on that register, or is
14 not serving in a competitive position in the same grade for which application
15 is made. Examinations may be assembled or unassembled and may include various
16 examining techniques such as rating of training and experience, written tests,
17 oral interviews, recognition of professional licensing, performance tests,
18 investigations and any other measure of ability to perform the duties of the
19 position. Examinations shall be scored objectively. Five (5) percentage points
20 shall be added to the earned rating of any war veteran as defined in section
21 65-50 62, Idaho Code, and the widow or widower of any war veteran as defined in
22 section 65-50 62, Idaho Code, as long as he or she remains unmarried. Pursuant
23 to section 65-50 64, Idaho Code, ten (10) percentage points shall be added to
24 the earned rating of any disabled veteran as defined in section 65-502, Idaho
25 Code, the widow or widower of any disabled veteran as long as he or she
26 remains unmarried or the spouse of any eligible disabled veteran who is physi-
27 cally unable to perform the work in the position to which the spouse seeks to
28 apply the preference cannot qualify for any public employment because of a
29 service-connected disability. Employment registers shall be established in
30 order of final score except that the names of all five (5) and ten (10) per-
31 centage point preference eligibles resulting from any merit system or civil
32 service examination shall be placed on the register in accordance with their
33 augmented rating. , and the names of all ten (10) point preference eligibles
34 shall be placed at the top of the register above the names of all
35 nonpreference eligibles. Certification of eligibility for appointment to
36 vacancies shall be in accordance with a formula which limits selection by the
37 hiring department from among the ten (10) top ranking available eligibles plus
38 the names of all individuals with scores identical to the tenth ranking eligi-
39 ble on the register. A register with at least five (5) eligibles shall be ade-
40 quate. Selective certification shall be permitted when justified by the hiring
41 department, under rules to be made by the division defining adequate justifi-
42 cation based on the duties and requirements of the positions. Such examina-
43 tions need not be held until after the rules have been adopted, the service
44 classified and a pay plan established, but shall be held not later than one
45 (1) year after departments commence participation in the 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 interagency promotion shall be made
49 through competitive examination and all qualified state employees shall have
50 the opportunity to compete for such promotions. If an employee's name appears
51 within certifiable range on a current register for a higher class of position,
52 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
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
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-
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
1 and time.
2 12. Habitual improper use of sick leave privileges.
3 13. Unauthorized disclosure of confidential information from official
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-
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.
29 SECTION 18. That Section 49-123, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an
32 axle or axles designed to support a part of the vehicle and load and which can
33 be regulated to vary the amount of load supported by such an axle or axles and
34 which can be deployed or lifted by the operator of the vehicle. See also sec-
35 tion 49-117, Idaho Code.
36 (a) "Fully raised" means that the variable load suspension axle is in an
37 elevated position preventing the tires on such axle from having any con-
38 tact with the roadway.
39 (b) "Fully deployed" means that the variable load suspension axle is sup-
40 porting a portion of the weight of the loaded vehicle as controlled by the
41 preset pressure regulator valve.
42 (2) "Vehicle" means:
43 (a) General. Every device in, upon, or by which any person or property is
44 or may be transported or drawn upon a highway, excepting devices used
45 exclusively upon stationary rails or tracks.
46 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
47 ment or law enforcement agency of the state of Idaho or any political sub-
48 division of the state, ambulances, vehicles belonging to personnel of vol-
49 untary fire departments while in performance of official duties only,
50 vehicles belonging to, or operated by EMS personnel certified or otherwise
51 recognized by the EMS bureau of the Idaho department of health and welfare
52 while in the performance of emergency medical services, sheriff's search
53 and rescue vehicles which are under the immediate supervision of the
1 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
2 ations and are blocking part or all of one (1) or more lanes of traffic,
3 other emergency vehicles designated by the director of the Idaho state
4 police or vehicles authorized by the Idaho transportation board and used
5 in the enforcement of laws specified in section 40-510, Idaho Code, per-
6 taining to vehicles of ten thousand (10,000) pounds or greater.
7 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
8 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
9 tion of motor vehicles designed or used to transport passengers or prop-
10 erty if the motor vehicle:
11 1. Has a manufacturer's gross combination weight rating (GCWR) in
12 excess of twenty-six thousand (26,000) pounds inclusive of a towed
13 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
14 than ten thousand (10,000) pounds; or
15 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
16 of twenty-six thousand (26,000) pounds; or
17 3. Is designed to transport sixteen (16) or more people, including
18 the driver; or
19 4. Is of any size and is used in the transportation of materials
20 found to be hazardous for the purposes of the hazardous material
21 transportation act and which require the motor vehicle to be
22 placarded under the hazardous materials regulations (49 CFR part 172,
23 subpart F).
24 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
25 tration), a vehicle or combination of vehicles of a type used or main-
26 tained for the transportation of persons for hire, compensation or profit,
27 or the transportation of property for the owner of the vehicle, or for
28 hire, compensation, or profit, and shall include fixed load specially con-
29 structed vehicles exceeding the limits imposed by chapter 10, title 49,
30 Idaho Code, and including drilling rigs, construction, drilling and wreck-
31 er cranes, log jammers, log loaders, and similar vehicles which are nor-
32 mally operated in an overweight or oversize condition or both, but shall
33 not include those vehicles registered pursuant to sections 49-402 and
34 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
35 vehicle used in a ridesharing arrangement that has a seating capacity for
36 not more than fifteen (15) persons, including the driver, shall not be a
37 "commercial vehicle" under the provisions of this title relating to equip-
38 ment requirements, rules of the road, or registration.
39 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
40 or rancher, which are operated over public highways, and used exclusively
41 to transport unprocessed agricultural, dairy or livestock products raised,
42 owned and grown by the owner of the vehicle to market or place of storage;
43 and shall include the transportation by the farmer or rancher of any
44 equipment, supplies or products purchased by that farmer or rancher for
45 his own use, and used in the farming or ranching operation or used by a
46 farmer partly in transporting agricultural products or livestock from the
47 farm of another farmer that were originally grown or raised on the farm,
48 or when used partly in transporting agricultural supplies, equipment,
49 materials or livestock to the farm of another farmer for use or consump-
50 tion on the farm but not transported for hire, and shall not include vehi-
51 cles of husbandry or vehicles registered pursuant to sections 49-402 and
52 49-402A, Idaho Code.
53 (e) Foreign vehicle. Every vehicle of a type required to be registered
54 under the provisions of this title brought into this state from another
55 state, territory or country other than in the ordinary course of business
1 by or through a manufacturer or dealer and not registered in this state.
2 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
3 factured by a manufacturer of large trucks which consists of a frame, cab
4 complete with wiring, instruments, fenders and hood and front axles and
5 wheels. The "glider kit" is made into a complete assembly by the addition
6 of the engine, transmission, rear axles, wheels and tires.
7 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
8 cle which is propelled by electric power obtained from overhead trolley
9 wires but not operated upon rails, except vehicles moved solely by human
10 power, electric personal assistive mobility devices and motorized
12 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
13 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
14 persons which is constructed either on a truck chassis or with special
15 features for occasional off-road operation.
16 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically-
17 powered, four-wheeled motor vehicle which is emission free and conforms to
18 the definition and requirements for low-speed vehicles as adopted in the
19 federal motor vehicle safety standards for low-speed vehicles under fed-
20 eral regulations at 49 CFR part 571. An NEV shall be titled, registered
21 and insured according to law as provided respectively in chapters 4, 5 and
22 12, title 49, Idaho Code, and shall only be operated by a licensed driver.
23 Operation of an NEV on a highway shall be allowed as provided in section
24 49-663, Idaho Code.
25 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
26 Code, (motor vehicle registration), a noncommercial vehicle shall not
27 include those vehicles required to be registered under sections 49-402 and
28 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
29 cles which are not commercial vehicles or farm vehicles, but shall include
30 motor homes. A noncommercial vehicle shall include those vehicles having a
31 combined gross weight not in excess of sixty thousand (60,000) pounds and
32 not held out for hire, used for purposes related to private use and not
33 used in the furtherance of a business or occupation for compensation or
34 profit or for transporting goods for other than the owner.
35 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a
36 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
37 trailer, designed to carry ten (10) or fewer persons.
38 (l) Reconstructed or repaired vehicle. Every vehicle that has been
39 rebuilt or repaired using like make and model parts and visually appears
40 as a vehicle that was originally constructed under a distinctive manufac-
41 turer. This includes a salvage vehicle which is damaged to the extent that
42 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
43 other vehicles which have been reconstructed by the use of a kit designed
44 to be used to construct an exact replica of a vehicle which was previously
45 constructed under a distinctive name, make, model or type by a generally
46 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
47 structed vehicle.
48 (m) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
49 bill of sale or other documentation showing evidence that the vehicle has
50 been declared salvage or which has been damaged to the extent that the
51 owner, or an insurer, or other person acting on behalf of the owner,
52 determines that the cost of parts and labor minus the salvage value makes
53 it uneconomical to repair or rebuild. When an insurance company has paid
54 money or has made other monetary settlement as compensation for a total
55 loss of any motor vehicle, such motor vehicle shall be considered to be a
1 salvage vehicle.
2 (n) Specially constructed vehicle. Every vehicle of a type required to be
3 registered not originally constructed under a distinctive name, make,
4 model or type by a generally recognized manufacturer of vehicles and not
5 materially altered from its original construction and cannot be visually
6 identified as a vehicle produced by a particular manufacturer. This
8 1. A vehicle that has been structurally modified so that it does not
9 have the same appearance as a similar vehicle from the same manufac-
10 turer; or
11 2. A vehicle that has been constructed entirely from homemade parts
12 and materials not obtained from other vehicles; or
13 3. A vehicle that has been constructed by using major component
14 parts from one (1) or more manufactured vehicles and cannot be iden-
15 tified as a specific make or model; or
16 4. A vehicle constructed by the use of a custom kit that cannot be
17 visually identified as a specific make or model.
18 (o) Total loss vehicle. Every vehicle that is deemed to be uneconomical
19 to repair due to scrapping, dismantling or destruction. A total loss shall
20 occur when an insurance company or any other person pays or makes other
21 monetary settlement to the owner when it is deemed to be uneconomical to
22 repair the damaged vehicle. The compensation for total loss as defined
23 herein shall not include payments by an insurer or other person for medi-
24 cal care, bodily injury, vehicle rental or for anything other than the
25 amount paid for the actual damage to the vehicle.
26 (3) "Vehicle identification number." (See "Identifying number," section
27 49-110, Idaho Code)
28 (4) "Vehicle salesman" means any person who, for a salary, commission or
29 compensation of any kind, is employed either directly or indirectly, or regu-
30 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
31 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
32 salesman," section 49-107, Idaho Code, and "part-time salesman," section
33 49-117, Idaho Code)
34 (5) "Vessel." (See section 67-7003, Idaho Code)
35 (6) "Veteran." (See section 65-50 92, Idaho Code)
36 (7) "Violation" means a conviction of a misdemeanor charge involving a
37 moving traffic violation, or an admission or judicial determination of the
38 commission of an infraction involving a moving traffic infraction, except
39 bicycle infractions.
STATEMENT OF PURPOSE
This legislation revises the current statute dealing with
veterans preference in hiring practices within state government.
The current statute was written many years ago and was in need of
revision. Some sections of the current code were simply
outdated. Changes to be more in line with the federal government
were made. Clarification of definitions and other issues is also
The fiscal impact would be in the hiring practices of state
agencies. Since there are already requirements for hiring
veterans, the impact should be minimal.
Name: Representative Darrell Bolz
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 571