Idaho Code tit. 65 | Title 65 — Service Members — Veterans — Spouses and Dependents

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 1 Service Men’s Memorials

§ 65-101 County memorial commission — Creation and powers — Appropriation

There is hereby created a county commission to consist of the commander, commanders or designee of local veteran service organizations and county commissioners in each county in the state of Idaho, said commission to receive no compensation for their services. The commission shall determine the kind, character, design and style of memorial to be erected in any county in the state of Idaho to the memory of deceased service men and women who lost their lives in any war or conflict. Said commission to have full power and authority to determine the kind, character, design and style of said memorial on behalf of the citizens of this state.

[(65-101) 1919, ch. 67, sec. 1, p. 242; am. 1921, ch. 219, sec. 1, p. 489; I.C.A., sec. 63-101; am. 2009, ch. 277, sec. 1, p. 840.]

§ 65-103 Special tax for upkeep of memorials

The board of county commissioners of each county within the state of Idaho is hereby authorized and empowered to levy annually a special tax not to exceed one hundredth percent (.01%) of the market value for assessment purposes on all the taxable property in the county for the purpose of creating a fund to be used in the maintenance, upkeep and repair, or in assisting in the maintenance, upkeep and repair of servicemen’s memorials now constructed or hereafter to be constructed within the county by the county or any association therein under the provisions of section 65-101, Idaho Code, or of any such memorial owned by the county: provided, the provisions of this section, and the benefits thereof, shall apply likewise to the repair and maintenance of servicemen’s memorials now constructed or hereafter to be constructed where no state and/or county moneys were employed in the building of such memorial.

[(65-103) 1927, ch. 40, sec. 1, p. 54; am. 1931, ch. 86, sec. 1, p. 145; I.C.A., sec. 63-103; am. 1995, ch. 82, sec. 30, p. 237; am. 2021, ch. 134, sec. 2, p. 381.]

§ 65-104 Special tax for construction of memorials

The board of county commissioners of each county within the state of Idaho is hereby authorized and empowered to levy annually a special tax not to exceed five thousandths percent (.005%) of the market value for assessment purposes on all the taxable property in the county for the purpose of creating a fund to be used in paying not to exceed one-third (1/3) of the cost of construction of service men’s memorials now constructed or hereafter to be constructed within the county.

[(65-104) 1931, ch. 170, sec. 1, p. 284; I.C.A., sec. 63-104; am. 1995, ch. 82, sec. 31, p. 238.]

§ 65-107 Veterans cemetery maintenance fund

(1) There is hereby created in the state treasury a fund to be known as the "veterans cemetery maintenance fund" to which shall be deposited the revenues derived from the program fees for special veterans motor vehicle license plates as provided in section 49-418, Idaho Code, gifts, grants, contributions and bequests to the fund, revenues derived from the sale of state commemorative silver medallions as authorized in section 67-1223, Idaho Code, and any other moneys as may be provided by law. Interest earned on idle moneys in the veterans cemetery maintenance fund shall be paid to such fund.

(2) Moneys in the fund shall be used exclusively for the purposes of operating, maintaining and acquiring services and personal property for a state veterans cemetery, and moneys shall be continuously appropriated for such purposes.

[65-107, added 2000, ch. 464, sec. 2, p. 1438; am. 2001, ch. 199, sec. 1, p. 678; am. 2002, ch. 49, sec. 1, p. 111; am. 2003, ch. 42, sec. 1, p. 163; am. 2003, ch. 369, sec. 3, p. 981; am. 2005, ch. 337, sec. 1, p. 1054.]

§ 65-108 Idaho state veterans cemeteries

The operation, management and control, maintenance and improvement of the lands and property belonging to the state of Idaho or acquired by the state of Idaho for a state veterans cemetery is hereby vested in the division of veterans services. Title to real property belonging to the state of Idaho for a veterans cemetery shall be vested in the state board of land commissioners. The state board of land commissioners may purchase, receive by donation or in any manner acquire real property on behalf of the state of Idaho for a veterans cemetery, within the limit of funds available therefor. A state veterans cemetery shall not be subject to local land use planning ordinances established pursuant to chapter 65, title 67, Idaho Code.

[65-108, added 2002, ch. 49, sec. 2, p. 111; am. 2018, ch. 66, sec. 2, p. 157.]

§ 65-109 Eligibility Requirements

(1) Eligibility for interment and inurnment in the Idaho state veterans cemetery shall be in accordance with national cemetery administration eligibility requirements and Idaho law. The Idaho veterans cemetery shall ensure all veterans and entitled family be honored in death with a service, regardless if the veterans cemetery is their final resting place. Veterans cemetery funeral and memorial services shall be offered with an allotted time to conduct the military burial honors.

(2) Military burial honors may include:

(a) The arrival of a caisson or funeral coach;

(b) The casket team escorting the casket to the grave;

(d) The giving of a eulogy;

(e) A rifle volley;

(f) The playing of taps;

(g) The folding of the United States flag;

(h) The United States flag being presented to the next of kin;

(i) An opportunity for the family to say words; and

(j) A closing prayer.

[65-109, added 2024, ch. 141, sec. 1, p. 546.]

Chapter 2 Division of Veterans Services — Veterans Affairs Commission

§ 65-201 Division of veterans services — Creation of commission — Appointment of members — Discontinuance of commission — Receipt of property

(1) There is hereby established in the department of self-governing agencies the division of veterans services. The division shall be headed by an administrator who shall be appointed by the governor from a nomination list of eligible candidates for administrator submitted by the veterans affairs commission. The administrator may be removed from office by the governor only with the consent of the veterans affairs commission.

(2) There is hereby created an advisory commission to be known as the Idaho veterans affairs commission to consist of five (5) persons, all of whom shall be appointed by the governor of the state of Idaho. Said appointees shall have had active service in any war or conflict officially engaged in by the government of the United States and have been honorably discharged from such service. No more than two (2) of said commission shall be residents of the same judicial district of the state of Idaho. Upon the expiration of a member’s term, the subsequent appointment shall be made by the governor and shall be for a term of three (3) years. Such subsequent terms shall expire on the third Monday in January of the appropriate year. The governor shall have power to fill any and all vacancies occurring in said commission. The governor shall have the further full power to discontinue said commission by proclamation whenever the governor determines that the government of the United States, or the state of Idaho, shall have made adequate provision for the care and assistance of honorably discharged and destitute veterans of the armed forces.

[(65-201) 1921, ch. 46, sec. 1, p. 73; I.C.A., sec. 63-201; am. 1957, ch. 132, sec. 1, p. 222; am. 1969, ch. 37, sec. 1, p. 91; am. 1974, ch. 23, sec. 174, p. 633; am. 1985, ch. 186, sec. 1, p. 482; am. 1990, ch. 56, sec. 3, p. 130; am. 2000, ch. 59, sec. 2, p. 126; am. 2006, ch. 33, sec. 1, p. 97; am. 2026, ch. 44, sec. 2, p. 182.]

§ 65-202 Powers and duties

The administrator of the division of veterans services shall have full power and authority on behalf of the state of Idaho, in recognition of the services rendered by veterans of the armed forces of the United States, to:

(1) Oversee the management and operation of the veterans homes in the state and state veterans cemeteries and provide care to veterans of the armed forces of the United States under such rules as the administrator may, from time to time, adopt.

(2) Extend financial relief and assistance to destitute veterans and to those dependent upon such destitute veterans as the commission shall determine to be reasonably required under such rules as the administrator may, from time to time, adopt.

(3) Collect benefits paid by the United States department of veterans affairs for burial and plot allowance for persons interred at a state veterans cemetery.

(4) Prescribe, with the approval of the commission, the qualifications of all personnel in accordance with the Idaho personnel system law. The administrators in charge of state veterans homes, the office of veterans advocacy and state veterans cemeteries shall be considered nonclassified exempt employees pursuant to the provisions of chapter 53, title 67, Idaho Code, and shall serve at the pleasure of the administrator of the division of veterans services.

(5) Accept gifts, grants, contributions and bequests of funds, and personal property to the state of Idaho for the benefit of veterans of the armed forces of the United States.

(6) Enter into contracts, within the limit of funds available therefor, acquire services and personal property, and do and perform any acts that may be necessary in the administration of services to veterans of the armed forces of the United States.

(7) Administer, with the advice and approval of the commission, moneys in the veterans cemetery maintenance fund established in section 65-107, Idaho Code.

(8) Establish by rule charges related to interment, disinterment and reinterment in a state veterans cemetery and the administrator is hereby directed to cause such charges to be deposited in the veterans cemetery maintenance fund established in section 65-107, Idaho Code.

(9) In his discretion, assume control of the cremated remains of deceased persons qualified for interment in a state veterans cemetery, apply for burial and plot allowance benefits paid by the United States department of veterans affairs for such deceased persons and inter in a state veterans cemetery the cremated remains of deceased persons qualified for interment in a state veterans cemetery.

(10) Administer programs offered by the United States department of veterans affairs for the certification and supervision of educational and training opportunities for veterans.

[(65-202) 1921, ch. 46, sec. 1, p. 73; I.C.A., sec. 63-202; am. 1943, ch. 20, sec. 1, p. 47; am. 1957, ch. 132, sec. 2, p. 222; am. 1969, ch. 37, sec. 2, p. 92; am. 1974, ch. 23, sec. 174, p. 633; am. 1990, ch. 56, sec. 4, p. 130; am. 2000, ch. 59, sec. 3, p. 127; am. 2001, ch. 198, sec. 1, p. 676; am. 2001, ch. 199, sec. 2, p. 679; am. 2002, ch. 49, sec. 3, p. 111; am. 2002, ch. 54, sec. 1, p. 122; am. 2003, ch. 42, sec. 2, p. 164; am. 2003, ch. 53, sec. 2, p. 195; am. 2004, ch. 318, sec. 13, p. 901; am. 2005, ch. 337, sec. 2, p. 1055; am. 2007, ch. 16, sec. 1, p. 27; am. 2009, ch. 10, sec. 1, p. 12; am. 2018, ch. 66, sec. 3, p. 158; am. 2019, ch. 154, sec. 1, p. 507.]

§ 65-203 "Veteran" defined

(1) The term "veteran," as used in this chapter, shall include any person who is a bona fide resident of the state of Idaho, who served on active duty in the United States military, naval, or air service and was discharged or separated under honorable conditions after ninety (90) days of continuous active duty, or was separated or discharged from military service earlier than ninety (90) days under honorable conditions because of a service-connected disability.

(2) The term "wartime veteran," as used in this chapter, shall include any person who is a bona fide resident of the state of Idaho who served on active duty in the United States armed forces at some time during any period of war recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11), who was separated or discharged under honorable conditions after ninety (90) days of continuous active duty or was separated or discharged from military service earlier under honorable conditions because of a service-connected disability.

[(65-203) 1921, ch. 46, sec. 3, p. 73; I.C.A., sec. 63-203; am. 1935, ch. 130, sec. 1, p. 305; am. 1943, ch. 20, sec. 2, p. 47; am. 1949, ch. 28, sec. 1, p. 47; am. 1957, ch. 132, sec. 3, p. 222; am. 1969, ch. 37, sec. 3, p. 91; am. 1976, ch. 216, sec. 1, p. 787; am. 1991, ch. 219, sec. 3, p. 524; am. 1992, ch. 53, sec. 1, p. 157; am. 2001, ch. 198, sec. 2, p. 677.]

§ 65-204 Rules — Employment of assistants

The commission shall advise the administrator of the division of veterans services in the adoption of rules with respect to all matters of administration hereunder, including the establishment of standards and criteria for interment at a state veterans cemetery, and to carry into effect the purposes of this chapter and employ such assistants as it may deem advisable. The commission is authorized to name the administrator of the division of veterans services as executive secretary.

[(65-204) 1921, ch. 46, sec. 4, p. 73; I.C.A., sec. 63-204; am. 1957, ch. 132, sec. 4, p. 222; am. 1974, ch. 23, sec. 176, p. 633; am. 1990, ch. 56, sec. 5, p. 131; am. 2000, ch. 59, sec. 4, p. 128; am. 2001, ch. 199, sec. 3, p. 679; am. 2018, ch. 66, sec. 4, p. 159.]

§ 65-206 Compensation and traveling expenses of commissioners

The members of said commission shall be compensated as provided by section 59-509(h), Idaho Code.

[(65-206) 1921, ch. 46, sec. 7, p. 73; I.C.A., sec. 63-206; am. 1957, ch. 132, sec. 5, p. 222; am. 1976, ch. 182, sec. 1, p. 656; am. 1980, ch. 247, sec. 80, p. 647; am. 1991, ch. 150, sec. 1, p. 360.]

§ 65-207 Construction with other laws — Separability

No act or portion of act in conflict with this chapter shall be construed as invalidating this chapter or any portion thereof. Should any portion of this chapter be declared unconstitutional, it shall not invalidate the other provisions thereof.

[(65-207) 1921, ch. 46, sec. 8, p. 73; I.C.A., sec. 63-207.]

§ 65-209 Veterans support fund

(1) There is hereby created in the state treasury the "Veterans Support Fund" to which shall be credited:

(a) The moneys designated under section 63-3067A, Idaho Code, and the moneys designated under section 49-403B, Idaho Code;

(b) Gifts, grants, contributions and bequests to the fund;

(d) All other moneys as may be provided by law.

(2) Moneys in the fund shall be used exclusively for the purposes of programs to support veterans and to defray the costs of administering gold star license plate eligibility pursuant to section 49-403B, Idaho Code. Moneys in the fund shall be continuously appropriated for such purposes.

(3) Disbursements of moneys from the fund shall be made upon authorization of the administrator of the division of veterans services.

[65-209, added 2008, ch. 17, sec. 2, p. 24; am. 2009, ch. 213, sec. 2, p. 673; am. 2014, ch. 17, sec. 2, p. 25; am. 2019, ch. 116, sec. 6, p. 443.]

§ 65-210 Veterans home

(1) The division of veterans services is hereby authorized to establish and maintain a veterans home in northern Idaho at a location selected by the division administrator with the advice of the veterans affairs commission.

(2) The state shall provide thirty-five percent (35%) matching funds necessary to qualify for federal funding for:

(a) Construction of the veterans home authorized by this section; and

(b) Operation of the veterans home authorized by this section, which operation shall comply with applicable federal regulations, including 38 CFR 51, as well as the rules of the division of veterans services.

(3) The state’s matching funds shall be provided from the veterans recognition fund established in section 65-702, Idaho Code, and shall not exceed the amount in such fund.

[65-210, added 2015, ch. 280, sec. 1, p. 1143.]

Chapter 3 Official Services for Veterans

§ 65-301 Performance without fee — Services enumerated

(1) Any state, county, city or public officer, or board, or body, acting in his or her or its official capacity on behalf of the state, county, or city, including notaries public, shall not collect, demand or receive any fee or compensation for recording or indexing the discharge papers of any male or female veteran who had active service in any war or conflict officially engaged in by the government of the United States; or for issuing certified copies thereof, or for any service whatever rendered by any such officer or officers, in the matter of a pension claim, application, affidavit, voucher, or in the matter of any claim to be presented to the United States department of veterans affairs or for the purposes of securing any benefits under acts of congress providing pension benefits for honorably discharged veterans of any war, and all acts or parts of acts amendatory thereto, or for furnishing a certified copy of the public record of a marriage, death, birth, divorce, deed of trust, mortgage, or property assessment, or making a reasonable search for the same, wherein the same is to be used in a claim for pension, or a claim for allotment, allowance, compensation, insurance, automatic insurance, or otherwise provided for by any and all legislation by congress providing pension benefits for honorably discharged veterans of any war.

(2) Any veteran wishing to record his or her discharge papers may do so with personal identifying information such as date of birth, social security number, home address(es), blood type and other personal identifying information redacted from the document. The name of the veteran may not be redacted from the document.

(3) Any veteran or surviving spouse of any veteran of the United States armed forces or his or her surviving spouse, attorney, personal representative, executor or court appointed guardian has the right to request that a county recorder remove from the official records any of the following forms recorded before, on or after July 1, 2003, by or on behalf of the requesting veteran: DD-214; DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553. The request must specify the identification page number of the form to be removed. The request shall be made in person and with appropriate identification to allow determination of identity. The county recorder has no duty to inquire beyond the requestor to verify the identity of the person requesting removal. No fee shall be charged for the removal. Any paper and reasonably retrievable electronic likeness, the removal of which will not affect other recorded documents, shall be removed from the record.

(4) No DD-214, DD-215, WD AGO 53, WD AGO 55, WD AGO 53-55, NAVMC 78-PD, and NAVPERS 553, which is recorded at the request of any veteran of the United States armed forces or his or her surviving spouse, attorney, personal representative, executor or court appointed guardian shall be a public record subject to release by the provisions of chapter 1, title 74, Idaho Code, without the express written consent of one (1) of the above enumerated individuals.

(5) Nothing in this section shall create or permit any cause of action against a county, county employee or the state of Idaho based upon harm caused by information released from the records of the county.

[(65-301) 1927, ch. 110, sec. 1, p. 152; I.C.A., sec. 63-301; am. 1969, ch. 25, sec. 1, p. 49; am. 1995, ch. 3, sec. 1, p. 10; am. 2003, ch. 26, sec. 1, p. 95; am. 2011, ch. 302, sec. 6, p. 869; am. 2015, ch. 141, sec. 163, p. 509.]

§ 65-302 Parties authorized to request services

Said services shall be rendered on the request of an official of the United States department of veterans affairs, the claimant, his or her guardian, personal representative, dependent or attorney.

[(65-302) 1927, ch. 110, sec. 2, p. 152; I.C.A., sec. 63-302; am. 1995, ch. 3, sec. 2, p. 10.]

§ 65-303 Violation a misdemeanor

The demanding, collection or receiving of any compensation or fee by the officers mentioned in this chapter shall be deemed a misdemeanor.

[(65-303) 1927, ch. 110, sec. 3, p. 152; I.C.A., sec. 63-303.]

Chapter 5 Rights and Privileges of Veterans

§ 65-501 Statement of purpose

It is the intent of the legislature to honor veterans of the armed forces by providing preference in initial appointments to public sector jobs in Idaho. Veterans’ preference is intended to honor those citizens who have served their country in active duty by providing veterans a more favorable competitive position for government employment and acknowledging the larger sacrifice of disabled veterans. Eligible veterans are provided advantages in public employment in Idaho, including preference for initial employment and retention in the event of layoffs. Veterans’ preference requires public employers to provide additional consideration for eligible veterans, but it does not guarantee the veteran a job.

[65-501, added 2006, ch. 51, sec. 1, p. 145; am. 2013, ch. 187, sec. 16, p. 464.]

§ 65-502 Definitions

As used in this chapter:

(1) "Applicant" means an individual applying for a position with a public employer.

(2) "Armed forces" means the army, navy, marine corps, coast guard, space force, air force, and the reserve components thereof.

(3) "Civil service position" means a position for which the public employee is selected from a pool of applicants through a competitive examination, a merit system or any other rating system based on experience and qualifications.

(4) "Disabled veteran" means those veterans separated under honorable conditions 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.

(5) "Honorable conditions" means an honorable discharge or a general discharge "under honorable conditions."

(6) "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

(7) "Key employee" means an individual specifically hired for an "at will" position that is not a civil service position and where:

(a) The position requires an advanced degree and the exercise of independent judgment for a majority of the public employee’s duties;

(b) The primary duty of the position is the management of a department or subdivision of the public employer and the position requires the exercise of independent judgment for a majority of position duties;

(c) The primary duty of the position is administrative work arising from the management of a department or subdivision of the public employer or administrative work arising from the exercise of the duties of an elected official and the public employee holds a confidential relationship to the appointing or employing officer or elected official; or

(d) The primary duty of the position is to provide advice or consultation to an elected official and the public employee holds a confidential relationship to the elected official.

(8) "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.

(9) "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

(10) "Preference eligible" means an individual eligible for preference under section 65-503, Idaho Code.

(11) "Public employee" means any person holding a position in public employment.

(12) "Public employer" means any government, department or agency mentioned in subsection (13) of this section employing a public employee in a position.

(13) "Public employment" means employment by the government of this state, or by any county, municipality or other political subdivision of the state, including any department or agency thereof.

(14) "Register" means a list of names of persons who have been determined to be eligible for employment in a civil service position.

(15) "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.

(16) "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.

[65-502, added 2006, ch. 51, sec. 2, p. 146; am. 2011, ch. 284, sec. 1, p. 772; am. 2013, ch. 188, sec. 1, p. 465; am. 2020, ch. 44, sec. 1, p. 98; am. 2024, ch. 266, sec. 3, p. 928.]

§ 65-503 Eligibility for Preference

The following individuals are eligible for preference:

(1) Veterans as defined in section 65-203, Idaho Code, and disabled veterans as defined in section 65-502, Idaho Code;

(2) A widow or widower of any veteran as long as he or she remains unmarried; and

(3) The wife or husband of a service-connected disabled veteran if the veteran cannot qualify for any public employment because of a service-connected disability.

[(65-503) 65-502, added 1949, ch. 279, sec. 2, p. 571; am. 1972, ch. 51, sec. 1, p. 90; am. 1973, ch. 95, sec. 1, p. 163; am. 1976, ch. 197, sec. 1, p. 717; am. 1985, ch. 150, sec. 1, p. 400; am. 1991, ch. 303, sec. 1, p. 797; am. & redesig. 2006, ch. 51, sec. 4, p. 147; am. 2011, ch. 284, sec. 2, p. 774; am. 2020, ch. 44, sec. 2, p. 100.]

§ 65-503A Employer obligations

(1) Public employers must give notice in all announcements and advertisements of vacancies that preference in appointment will be given to preference applicants. Application forms must inquire whether the applicant is claiming veterans’ preference and whether the applicant has previously claimed such a preference. An applicant claiming preference is responsible for providing required documentation at the time of making application. The employer must inform applicants of the requirements for documentation.

(2) In all public employment, excluding key employee positions, the hiring official shall give preference to preference eligible applicants.

(3) An application for appointment to a position will be accepted after the closing date of the examination from an applicant who was serving in the armed forces, or undergoing service-connected hospitalization up to one (1) year following discharge. The application must be submitted within one hundred twenty (120) days of the applicant’s separation from the armed forces or hospitalization, prior to the expiration of any register established as a result of the examination, and prior to the selection for the position.

(4) A disabled veteran may file an application at any time up until a selection has been made for any position for which a register is then maintained as a source for future job openings, or for which a register is about to be established, provided he or she has not already been examined twice for the same position and grade for which application is made, does not have current eligibility on that register, or is not serving in a competitive position in the same grade for which application is made. If a register is not used as a part of the selection process, a disabled veteran may file an application after the closing date, but such application will only be considered if a selection has not been made and the selection process is still active.

(5) An appointing authority may refuse to accept an application from an otherwise qualified preference eligible applicant who is deemed unqualified through his or her actions. Examples of such actions include dismissal for cause from a public entity, a felony conviction, or conduct unbecoming a public employee. Such refusal must be supported by good cause and is appealable pursuant to section 65-506, Idaho Code.

[65-503A, added 2011, ch. 284, sec. 3, p. 775; am. 2013, ch. 187, sec. 17, p. 464.]

§ 65-504 Basic preference and addition of points to competitive examination ratings

(1) An applicant who is preference eligible is entitled to a preference in initial appointment with a public employer over other applicants for the same position who are not more qualified.

(2) Application of preference in civil service positions:

(a) Five (5) points shall be added to the earned rating of any veteran and the widow or widower of any veteran as long as he or she remains unmarried. The names of all five (5) point preference eligible applicants shall be placed on the register in accordance with their augmented rating. The additional points added by reason of veterans’ preference shall be used only for the purpose of initial appointment and not for the purpose of any promotion, transfer or reassignment.

(b) Ten (10) points shall be added to the earned rating of veterans discharged under honorable conditions who qualify as disabled veterans because they have served on active duty in the armed forces at any time and have a current service-connected disability of ten percent (10%) or more. Alternatively, ten (10) points shall be added to the earned rating of the widow or widower of any disabled veteran as long as he or she remains unmarried or the spouse of any eligible disabled veteran who cannot qualify for any public employment because of a service-connected disability. The names of all ten (10) point preference eligible applicants shall be placed on the register in accordance with their augmented rating. The additional points added by reason of veterans’ preference shall be used only for the purpose of initial appointment and not for the purpose of any promotion, transfer or reassignment.

(c) Veterans discharged under honorable conditions who served on active duty in the armed forces at any time and have a current service-connected disability of thirty percent (30%) or more shall be offered an interview if they are one (1) of the qualified applicants on the register for the position. If applicants are not ranked, an interview must be offered to such veterans who fully meet all qualifications for the position. Notwithstanding this subsection, employers shall not be required to interview more than a total of ten (10) applicants regardless of the number of such qualified veteran applicants.

[(65-504) 65-506, added 1949, ch. 279, sec. 6, p. 571; am. 1972, ch. 51, sec. 5, p. 90; am. 1972, ch. 356, sec. 1, p. 1060; am. 2001, ch. 214, sec. 1, p. 845; am. 2002, ch. 134, sec. 1, p. 365; am. and redesig. 2006, ch. 51, sec. 5, p. 148; am. 2011, ch. 284, sec. 4, p. 775; am. 2014, ch. 26, sec. 1, p. 33.]

§ 65-505 Officials to observe preference — Exceptions

All elective officers, department heads, boards, commissions and/or other public officials of all state, county or municipal governments and departments and all political subdivisions thereof, who may be authorized to select or hire employees, are hereby required to strictly observe this preference for veterans and disabled veterans when implementing a reduction in force, filling vacancies or selecting new employees, provided that this chapter shall not apply to key employee positions. This preference shall be granted without regard to political affiliation or endorsements to veterans and disabled veterans who are qualified for the position or positions to be filled. In the event of an emergency which may endanger the health, safety, and public welfare, the provisions of this chapter may be dispensed with temporarily, but in no event shall persons who were employed to meet such emergencies be permitted to work for a period of time exceeding ninety (90) days, except such employees who meet all the requirements provided for in the chapter.

[(65-505) 65-504, added 1949, ch. 279, sec. 4, p. 571; am. 1972, ch. 51, sec. 3, p. 90; am. 1985, ch. 150, sec. 2, p. 401; am. 1991, ch. 303, sec. 2, p. 798; am. and redesig. 2006, ch. 51, sec. 6, p. 150.]

§ 65-506 Failing or refusing to give preference — Civil liability

(1) Applicants who believe they have been denied a right or benefit under this chapter may file an appeal with the governing body of the jurisdiction or unit of government within thirty-five (35) days of the alleged denial of preference. If an applicant has notified the public employer of the applicant’s eligibility for preference pursuant to section 65-503A, Idaho Code, the public employer shall provide notice of the appeal process at the conclusion of the selection process. If the public employer does not initiate the appeal process within thirty-five (35) days of a written request by the applicant, the applicant may file an appeal directly in district court pursuant to subsection (3) of this section. The thirty-five (35) day period for appeal shall commence upon the issuance of notice of the appeal process by the public employer. If the public employer fails to issue such notice, the thirty-five (35) day period for appeal shall commence when the applicant becomes aware that he was not selected for the position.

(2) The division of human resources is authorized and directed to issue rules for the enforcement of this chapter. Such rules shall include, but are not limited to, procedures public employers may implement for an internal process that must be exhausted prior to gaining access to the courts.

(3) Any public employer who deliberately or willfully refuses or fails to give preference to qualified veterans required by the provisions of this chapter shall be subject to writs of mandate pursuant to sections 7-301 through 7-314, Idaho Code, and if found in violation of any such provisions shall be required to pay the costs of suit and reasonable attorney’s fees incurred in such action, and may further be required to employ or reemploy the veteran, and shall be required to pay as damages such amount as the court may award, but in no event shall the amount of such damages and costs of suit exceed the sum of five thousand dollars ($5,000) or ten percent (10%) of the annual salary of the position, whichever is higher. Such action must be commenced not more than one hundred eighty (180) days from the alleged denial of preference, provided however, applicants for classified state employment remain subject to the procedures set forth in section 67-5316, Idaho Code. If an appeal process is in place pursuant to subsection (1) of this section, the one hundred eighty (180) days will not begin until that process has been exhausted.

[(65-506) 65-505, added 1949, ch. 279, sec. 5, p. 571; am. 1972, ch. 51, sec. 4, p. 90; am. and redesig. 2006, ch. 51, sec. 7, p. 150; am. 2011, ch. 284, sec. 5, p. 776; am. 2022, ch. 49, sec. 1, p. 150.]

§ 65-507 Application of chapter limited

This chapter shall not apply to work performed where federal funds are contributed, if in conflict with federal laws or regulations which restrict employment eligibility to specific individuals or groups.

[(65-507) 65-508, added 1949, ch. 279, sec. 9, p. 571; am. and redesig. 2006, ch. 51, sec. 9, p. 151.]

§ 65-508 Reemployment and leave of absence

All public employers shall comply with the reemployment, leave of absence, and other provisions of the uniformed services employment and reemployment rights act, 38 U.S.C. section 4301, et seq.

[65-508, added 2006, ch. 51, sec. 10, p. 151.]

§ 65-510 Relation to other laws

Any laws or parts of laws, which are inconsistent with the provisions of this chapter, or which would serve to defeat the purposes thereof, shall to such extent be deemed inapplicable to public employers and public employees in the exercise of the rights and privileges conferred by this chapter.

[(65-510) 65-515, added 1951, ch. 175, sec. 6, p. 370; am. and redesig. 2006, ch. 51, sec. 13, p. 151.]

§ 65-511 Severability

The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

[65-511, added 2006, ch. 51, sec. 15, p. 152.]

§ 65-512 Education and technical assistance

To the extent of funds available therefor, the division of veterans services and the department of labor are authorized to provide programs of education and technical assistance to public employers, veterans and other interested parties concerning the provisions of this chapter.

[65-512, added 2011, ch. 284, sec. 6, p. 777.]

§ 65-513 Preference by Private employers

A private, nonpublic employer may give preference in the hiring and promotion of employees to those who are eligible for preference under the provisions of section 65-503, Idaho Code.

[65-513, added 2014, ch. 127, sec. 1, p. 360.]

Chapter 6 Service Officers for Aid of Veterans

§ 65-601 Service officer appointed to aid veterans or dependents

The board of county commissioners of any county in the state shall have power and authority and in its discretion may appoint a service officer whose duty it shall be to give aid and assistance to any veteran, widow, widower or dependent thereof in applying to the federal or state veterans’ agencies for all benefits and aid to which the veteran, widow, widower or dependent thereof is entitled by federal, state or local laws, rules or regulations. Such appointment may, in the discretion of the board of county commissioners, be a separate office or additional duty imposed upon an existing county official, or at the discretion of the board, such appointment may be made, and the expenses and salary thereof financed in conjunction with any service organization or organizations operating within the county.

[65-601, added 1946 (1st E.S.), ch. 27, sec. 1, p. 32.]

§ 65-602 Compensation and office of service officer

The board of county commissioners shall fix the compensation, or a county contribution to the salary, of such service officer, provide the individual with an office and the necessary equipment therefor in the same manner as is provided for any other county officer under the provisions of section 31-1001, Idaho Code, and shall make provision in the budget for the employment of such service officer and the expense for the proper maintenance of such office. Payments therefor shall be from the general tax fund of the county or out of other available funds not otherwise appropriated.

[65-602, added 1946 (1st E.S.), ch. 27, sec. 2, p. 32; am. 2009, ch. 277, sec. 2, p. 840.]

Chapter 7 Idaho Veterans Recognition Act

§ 65-701 Purpose

The purpose of this chapter is to establish a program to recognize the service of Idaho veterans. This chapter is intended to support programs or organizations that serve veterans.

[65-701, added 2013, ch. 277, sec. 2, p. 716.]

§ 65-702 Idaho Veterans Recognition Fund

(1) There is hereby created in the state treasury the "Idaho veterans recognition fund." The state treasurer is hereby granted the authority to invest the assets of the fund in any investment instruments authorized by the standards of the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code.

(2) The fund shall consist of moneys appropriated from excess earnings from funds maintained by the division of veterans services and shall maintain its interest and investment earnings generated by such moneys in the fund.

(3) Money in the fund shall be used solely to benefit veterans in Idaho, with priority given to activities that serve disabled veterans, and may include the use of matching funds for grants, funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities that enhance veterans services in the state of Idaho.

[65-702, added 2013, ch. 277, sec. 2, p. 716; am. 2020, ch. 32, sec. 1, p. 67.]

§ 65-703 Distributions from the Idaho Veterans Recognition Fund

(1) On the first business day of each July, or as necessary, the administrator of the division of veterans services, as directed by the Idaho veterans recognition committee, shall request the state controller to make a transfer or transfers to the Idaho veterans recognition income fund.

(2) As necessary, the administrator of the division of veterans services shall be authorized to request the state controller to make a transfer or transfers from the Idaho veterans recognition fund to the Idaho veterans recognition income fund to provide for matching grant funds and to provide funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities to enhance veterans services in the state of Idaho.

[65-703, added 2013, ch. 277, sec. 2, p. 716; am. 2020, ch. 32, sec. 2, p. 67.]

§ 65-704 Idaho veterans recognition income fund

(1) There is hereby created in the state treasury the "Idaho veterans recognition income fund."

(2) The fund shall consist of moneys transferred from the Idaho veterans recognition fund, and interest generated by such moneys in the fund shall be maintained by the division of veterans services.

(3) The fund shall be used solely to benefit veterans in Idaho, with priority given to activities that serve disabled veterans, and may include the use of matching funds for grants, funding for new construction, replacement, remodel, and life safety projects for the Idaho state veterans homes, state veterans cemeteries, and other available federal grant opportunities that enhance veterans services in the state of Idaho.

(4) Moneys in the Idaho veterans recognition income fund are subject to appropriation by the legislature.

(5) Any fiscal year-end revenue in the division of veterans services budget in excess of the equivalent of the first six (6) months of the fiscal year operation costs may be transferred to the Idaho veterans recognition fund as determined by the division of veterans services.

[65-704, added 2013, ch. 277, sec. 2, p. 717; am. 2019, ch. 155, sec. 1, p. 508; am. 2020, ch. 32, sec. 3, p. 68.]

§ 65-705 Committee to Prepare and Recommend Allocation Plan

(1) A committee consisting of seven (7) members, herein referred to as the Idaho veterans recognition committee, shall annually prepare a recommendation to the governor and the legislature on how to spend the available funds in the Idaho veterans recognition income fund. Committee members shall include the five members of the Idaho veterans affairs commission and two additional members to be appointed by the governor. At least one (1) of the members shall have served in a recent war or conflict engaged in by the government of the United States and at least one (1) member shall be a disabled veteran. For purposes of the appointment to the committee, a disabled veteran shall have a current service-connected disability of thirty percent (30%) or more.

(2) The committee shall:

(a) Maintain a familiarity with the needs of veterans returning from armed service;

(b) Establish priorities for use of moneys in the Idaho veterans recognition income fund; and

(c) Make a recommendation each year to the governor and legislature on use of moneys in the Idaho veterans recognition income fund in the form of an annual allocation plan.

[65-705, added 2013, ch. 277, sec. 2, p. 717.]

§ 65-706 Annual allocation plan

(1) The annual allocation plan shall include, at a minimum:

(a) A discussion of the previous year’s budget, expenditure amounts, use of funds and program outcomes;

(b) A progress update for current year activities;

(c) A recommendation for the following year, including expected budget, proposed use of funds and timeline of expenditures; and

(d) Identification of additional needs of Idaho veterans that resources within the fund are inadequate to address.

(2) In preparation of the plan, the committee shall solicit public comment in a public meeting.

(3) The committee shall submit the annual allocation plan to the administrator of the division of veterans services by August 1, or as soon thereafter as possible, each year.

(4) In addition to the requirements of chapter 35, title 67, Idaho Code, the division of veterans services shall include the annual allocation plan in its annual budget request.

[65-706, added 2013, ch. 277, sec. 2, p. 717.]

Title 65 — Service Members — Veterans — Spouses and Dependents