2006 Legislation
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HOUSE BILL NO. 571 – Public employees/veteran preference

HOUSE BILL NO. 571

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Bill Status



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
provide severability.
                                                                        
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
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              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-
                                                                        
                                           2
                                                                        
  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
 30        institution;
 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
 42    only.
 43        (7)  "Position" means a job held  by  a  public  employee  but  shall  not
 44    include:
 45        (a)  A  job held by a patient, inmate or student in or enrolled at a state
 46        institution;
 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
 50    employment.
 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
 53    position.
                                                                        
                                           3
                                                                        
  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-
  7    tem.
  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
 31    repealed.
                                                                        
 32        SECTION  4.  That  Section  65-502, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        65-5023.  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
 37        Code;
 38        (b)  A widow or widower of any veteran as long as he or she remains unmar-
 39        ried;
 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-
                                                                        
                                           4
                                                                        
  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        65-5064.  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-
 42    fied.
 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
                                                                        
                                           5
                                                                        
  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 promotions, 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        65-5045.  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
                                                                        
                                           6
                                                                        
  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        65-5056.  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
 35    repealed.
                                                                        
 36        SECTION 9.  That Section 65-508, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        65-5087.  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.
                                                                        
                                           7
                                                                        
  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        65-5019.  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        65-5150.  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:
                                                                        
                                           8
                                                                        
  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;
  5             or
  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
 46    week.
 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-
 49    bles.
 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
                                                                        
                                           9
                                                                        
  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
 21             Day);
 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
                                                                        
                                           10
                                                                        
  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-
  6    ter.
  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
 50    year.
 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.
                                                                        
                                           11
                                                                        
  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
                                                                        
                                           12
                                                                        
  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    65-5062, Idaho Code, and the widow or widower of any war veteran as defined in
 22    section  65-5062, Idaho Code, as long as he or she remains unmarried. Pursuant
 23    to section 65-5064, 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
                                                                        
                                           13
                                                                        
  1    that  an  evaluation  of each classified employee shall be made after each two
  2    thousand eighty (2,080) hour period of credited state service, and that a copy
  3    of the evaluation shall be filed with the division.
  4        (i)  A rule prohibiting disqualification of  any  person  from  taking  an
  5    examination, from appointment to a position, from promotion, or from holding a
  6    position  because  of  race  or national origin, color, sex, age, political or
  7    religious opinions or affiliations, and providing for right of appeal.
  8        (j)  A rule establishing a probation period not  to  exceed  one  thousand
  9    forty  (1,040) hours of credited state service for all appointments and promo-
 10    tions, except that peace officers as defined in section 19-5101,  Idaho  Code,
 11    shall be subject to a probation period of two thousand eighty (2,080) hours of
 12    credited  state  service,  and  for  the  appointing  authority to provide the
 13    employee and the administrator a performance evaluation  indicating  satisfac-
 14    tory  or  unsatisfactory performance not later than thirty (30) days after the
 15    expiration of the probationary period. The rule  shall  provide  that  if  the
 16    appointing  authority  fails to provide a performance evaluation within thirty
 17    (30) days after the expiration of the probationary period, the employee  shall
 18    be deemed to have satisfactorily completed the probation unless the appointing
 19    authority  receives approval from the administrator to extend the probationary
 20    period for good cause for an additional specified period  not  to  exceed  one
 21    thousand forty (1,040) hours of credited state service. If an employee is per-
 22    forming  in  an unsatisfactory manner during the entrance probationary period,
 23    the appointing authority shall ask the employee to resign, and if no  resigna-
 24    tion is submitted, shall terminate the employment of such employee without the
 25    right of grievance or appeal.
 26        (k)  A rule concerning provisional appointments.
 27        (l)  A rule concerning temporary appointments.
 28        (m)  A  rule  governing the employment of consultants and persons retained
 29    under independent contract.
 30        (n)  A rule for the disciplinary dismissal, demotion, suspension or  other
 31    discipline  of  employees  only  for cause with reasons given in writing. Such
 32    rule shall provide that any of the following reasons shall be proper cause for
 33    the disciplinary dismissal, demotion or suspension  of  any  employee  in  the
 34    state classified service:
 35        1.  Failure to perform the duties and carry out the obligations imposed by
 36        the state constitution, state statutes and rules of the employee's depart-
 37        ment, or rules of the administrator or the division.
 38        2.  Inefficiency,  incompetency,  or  negligence  in  the  performance  of
 39        duties.
 40        3.  Physical or mental incapability for performing assigned duties.
 41        4.  Refusal  to  accept  a reasonable and proper assignment from an autho-
 42        rized supervisor.
 43        5.  Insubordination or conduct unbecoming a state employee or conduct det-
 44        rimental to good order and discipline in the employee's department.
 45        6.  Intoxication on duty.
 46        7.  Careless, negligent, or improper use or unlawful conversion  of  state
 47        property, equipment or funds.
 48        8.  Use of any influence which violates the principles of the merit system
 49        in  an  attempt  to secure a promotion or privileges for individual advan-
 50        tage.
 51        9.  Conviction of official misconduct in office, or conviction of any fel-
 52        ony, or conviction of any other crime involving moral turpitude.
 53        10. Acceptance of gifts in exchange for influence or favors given  in  the
 54        employee's official capacity.
 55        11. Habitual  pattern  of failure to report for duty at the assigned place
                                                                        
                                           14
                                                                        
  1        and time.
  2        12. Habitual improper use of sick leave privileges.
  3        13. Unauthorized disclosure  of  confidential  information  from  official
  4        records.
  5        14. Absence without leave.
  6        15. Misstatement or deception in the application for the position.
  7        16. Failure  to  obtain  or maintain a current license or certificate law-
  8        fully required as a condition for performing the duties of the job.
  9        17. Prohibited participation in political activities.
 10        (o)  A rule to establish procedures for maintenance of  a  record  of  the
 11    employment  history and appropriate information relating to performance of all
 12    employees under the personnel system. For the purposes of this rule, the state
 13    shall be considered one (1) employer.
 14        (p)  Rules to provide for recruitment programs in cooperation with depart-
 15    ment heads and the employment security agency in keeping with current  employ-
 16    ment conditions and labor market trends.
 17        (q)  Rules  to  establish procedures for examinations as necessary for the
 18    purpose of maintaining current registers from which to fill employment  vacan-
 19    cies.
 20        (r)  Other  rules  not  inconsistent with the foregoing provisions of this
 21    section as may be necessary and proper for the administration and  enforcement
 22    of this chapter.
 23        (s)  A rule concerning "project exempt" appointments.
 24        (t)  Rules  relating  to  leave  for  state employees from official duties
 25    including, but not limited to, sick leave, military leave, jury  duty,  leaves
 26    of  absence  without compensation and such other forms of absence from perfor-
 27    mance of duties in the course of state employment as may be necessary.
 28        (u)  A rule providing for five percent (5%) shift differential pay.
                                                                        
 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
                                                                        
                                           15
                                                                        
  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
                                                                        
                                           16
                                                                        
  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
 11        wheelchairs.
 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
                                                                        
                                           17
                                                                        
  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
  7        includes:
  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 65-5092, 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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15871

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
included.


                           FISCAL NOTE

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.





Contact
Name: Representative Darrell Bolz 
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 571