39-30-103. Definitions. For the purposes of this chapter, the following definitions apply:
     (1) "Eligible spouse" means the spouse of a handicapped person determined by the department of public health and human services to have a 100% disability who is unable to use the employment preference because of the person's disability.
     (2) "Handicapped person" means an individual certified by the department of public health and human services to have a physical or mental impairment that substantially limits one or more major life activities, such as writing, seeing, hearing, speaking, or mobility, and that limits the individual's ability to obtain, retain, or advance in employment.
     (3) (a) "Initial hiring" means a personnel action for which applications are solicited from outside the ranks of the current employees of:
     (i) a department, as defined in 2-15-102, for a position within the executive branch;
     (ii) a legislative agency for a position within the legislative branch;
     (iii) a judicial agency, such as the office of supreme court administrator, office of supreme court clerk, state law library, or similar office in a state district court for a position within the judicial branch;
     (iv) a city or town for a municipal position, including a city or municipal court position; and
     (v) a county for a county position, including a justice's court position.
     (b) A personnel action limited to current employees of a specific public entity identified in subsections (3)(a)(i) through (3)(a)(v), current employees in a reduction-in-force pool who have been laid off from a specific public entity identified in subsections (3)(a)(i) through (3)(a)(v), or current participants in a federally authorized employment program is not an initial hiring.
     (4) (a) "Mental impairment" means:
     (i) suffering from a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other neurologically handicapping condition closely related to mental retardation and requiring treatment similar to that required by mentally retarded individuals; or
     (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions.
     (b) The term mental impairment does not include alcoholism or drug addiction and does not include any mental impairment, disease, or defect that has been asserted by the individual claiming the preference as a defense to any criminal charge.
     (5) "Position" means a permanent or seasonal position as defined in 2-18-101 for a state position or a similar permanent or seasonal position with a public employer other than the state. However, the term does not include:
     (a) a temporary position as defined in 2-18-101 for a state position or similar temporary position with a public employer other than the state;
     (b) a state or local elected official;
     (c) employment as an elected official's immediate secretary, legal advisor, court reporter, or administrative, legislative, or other immediate or first-line aide;
     (d) appointment by an elected official to a body such as a board, commission, committee, or council;
     (e) appointment by an elected official to a public office if the appointment is provided for by law;
     (f) a department head appointment by the governor or an executive department head appointment by a mayor, city manager, county commissioner, or other chief administrative or executive officer of a local government; or
     (g) engagement as an independent contractor or employment by an independent contractor.
     (6) (a) "Public employer" means:
     (i) any department, office, board, bureau, commission, agency, or other instrumentality of the executive, judicial, or legislative branch of the government of the state of Montana; and
     (ii) any county, city, or town.
     (b) The term does not include a school district, a vocational-technical program, a community college, the board of regents of higher education, the Montana university system, a special purpose district, an authority, or any political subdivision of the state other than a county, city, or town.
     (7) "Substantially equal qualifications" means the qualifications of two or more persons among whom the public employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons.

     History: En. Sec. 3, Ch. 1, Sp. L. 1983; amd. Sec. 34, Ch. 658, L. 1987; amd. Sec. 10, Ch. 646, L. 1989; amd. Sec. 28, Ch. 308, L. 1995; amd. Sec. 62, Ch. 545, L. 1995; amd. Sec. 101, Ch. 546, L. 1995.