2005 Idaho Code - 65-502 — DEFINITIONS

                                  TITLE  65
                             SOLDIERS AND SAILORS
                                  CHAPTER 5
                      RIGHTS AND PRIVILEGES OF VETERANS
    65-502.  DEFINITIONS. As used in this chapter:
    (1)  "Armed forces" means the army, navy, marine corps, coast guard, air
force, and the reserve components thereof.
    (2)  "Disabled veteran" means those honorably separated veterans who:
    (a)  Qualify as disabled veterans because they have served on active duty
    in the armed forces and have a current service-connected disability of ten
    percent (10%) or more or are receiving compensation related to a
    service-connected disability including retirement benefits or pension from
    the military or the department of veterans affairs; or
    (b)  Are purple heart recipients.
    (3)  "Honorable conditions" means an honorable discharge or a general
discharge "under honorable conditions."
    (4)  "Initial appointment" means the first time a qualified veteran is
hired by a county or a municipal government or the state, provided however,
subsequent separation from the county, municipal government or the state shall
not result in the award of new preference or preference points with that
governmental entity. "Initial appointment" shall not include:
    (a)  Jobs held by patients, inmates or students in or enrolled at a state
    institution;
    (b)  Temporary or casual employment; or
    (c)  An office filled by election.
    (5)  "Key employee" means an individual specifically hired for an "at
will" or nonclassified position for which there is no selection process, such
as a position as a private secretary or deputy of an official or department
who holds a confidential relationship to the appointing or employing officer.
    (6)  "Military duty" means training and service performed by an inductee,
enlistee or reservist or any entrant into a component of the armed forces of
the United States, provided "military duty" shall not include active duty
training as a reservist in the armed forces of the United States or as a
member of the national guard of the United States where the call is for
training only.
    (7)  "Position" means a job held by a public employee but shall not
include:
    (a)  A job held by a patient, inmate or student in or enrolled at a state
    institution;
    (b)  Temporary or casual employment; or
    (c)  An office filled by election.
    (8)  "Public employee" means any person holding a position in public
employment.
    (9)  "Public employer" means any government, department or agency
mentioned in subsection (10) of this section employing a public employee in a
position.
    (10) "Public employment" means employment of the government of this state,
or of any county, municipality or other political subdivision of the state,
including any department or agency thereof.
    (11) "Register" means a list of names of persons who have been determined
to be eligible for employment in a classified position as determined on the
basis of examination and merit factors as established in a civil service
system.
    (12) "Service-connected disability" means that the veteran is disabled due
to injury or illness that was incurred in or aggravated by military service as
certified by the federal veterans administration or an agency of the
department of defense.
    (13) "Temporary or casual employment" means employment for a brief,
nonrecurrent period where there is no reasonable expectation that such
employment will continue indefinitely or for a significant period of time.
    (14) "Veteran" means any person who has:
    (a)  Served on active duty in the armed forces during a war, in a campaign
    or expedition for which a campaign badge has been authorized, or during
    the period beginning April 28, 1952, and ending July 1, 1955;
    (b)  Served on active duty as defined in 38 U.S.C. section 101(21) at any
    time in the armed forces for a period of more than one hundred eighty
    (180) consecutive days, any part of which occurred after January 31, 1955,
    and before October 15, 1976, not including service under 10 U.S.C. section
    12103(d) pursuant to an enlistment in the army national guard or the air
    national guard or as a reserve for service in the army reserve, naval
    reserve, air force reserve, marine corps reserve or coast guard reserve;
    (c)  Served on active duty as defined in 38 U.S.C. section 101(21) in the
    armed forces during the period beginning on August 2, 1990, and ending on
    January 2, 1992; or
    (d)  Served as may be further defined in 38 U.S.C. section 101(11).