HOUSE BILL NO. 105

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Bill Status



H0105aa.....................................by COMMERCE AND HUMAN RESOURCES
PERSI - SICK LEAVE - Amends existing law  to revise the limit on unused
sick leave which is transferred to an employee's retirement account upon
separation from a state employer by retirement.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Com/HuRes
03/01    Rpt out - to Gen Ord
03/05    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 60-9-1
      AYES -- Anderson, Andrus, Bayer, Bedke, Bilbao, Black, Block, Bock,
      Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
      Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson,
      Jaquet, Killen, King, Kren, Labrador, Lake, Loertscher, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence,
      Raybould, Ring, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- Barrett, Bell, Chavez, Chew, Durst, LeFavour, Luker,
      Pasley-Stuart, Ringo
      Absent and excused -- Smith(24)
    Floor Sponsor - Lake
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Com/HuRes
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Werk
      NAYS -- None
      Absent and excused -- Burkett, Gannon, Malepeai, Stennett
    Floor Sponsor - Coiner
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/27    Governor VETOED
03/28    Held at Desk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 105
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5333, IDAHO  CODE,
  3        TO  REMOVE  THE  LIMIT  ON  UNUSED  SICK  LEAVE WHICH IS TRANSFERRED TO AN
  4        EMPLOYEE'S RETIREMENT ACCOUNT UPON SEPARATION  FROM  STATE  EMPLOYMENT  BY
  5        RETIREMENT; AND TO PROVIDE AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 67-5333, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        67-5333.  SICK LEAVE. (1) Sick leave shall be computed as follows:
 10        (a)  The rate per hour at which sick  leave  shall  accrue  to  classified
 11        officers and employees earning credited state service shall be at the rate
 12        represented  by  the  proportion  96/2080. Sick leave shall accrue without
 13        limit, and shall be transferable from department to department.
 14        (b)  Sick leave shall not accrue to any officer or employee on any kind of
 15        leave of absence without pay, suspension without pay or layoff. Sick leave
 16        shall accrue while an officer or employee is on approved leave  with  pay,
 17        on  approved  vacation  leave, on approved military leave with pay, and on
 18        approved sick leave, but not when compensatory time or earned  administra-
 19        tive leave is taken.
 20        (c)  All  accrued  sick leave shall be forfeited at the time of separation
 21        from state service and no officer or  employee  shall  be  reimbursed  for
 22        accrued  sick  leave at the time of separation, except as provided in sub-
 23        section (2) of this section. If such officer or employee returns to  cred-
 24        ited  state  service  within  three (3) years of such separation, all sick
 25        leave credits accrued at the  time  of  separation  shall  be  reinstated,
 26        except  to the extent that unused sick leave was utilized for the purposes
 27        specified in subsection (2) of this section.
 28        (d)  Sick leave shall be taken on a  workday  basis.  Regularly  scheduled
 29        days  off  and  officially  designated holidays falling within a period of
 30        sick leave shall not be counted against sick leave. Sick leave  shall  not
 31        be taken in advance of being earned.
 32        (e)  In  cases  where absences for sick leave exceed three (3) consecutive
 33        working days, the appointing authority may require verification by a  phy-
 34        sician or other authorized practitioner.
 35        (f)  If  an  absence  for  illness or injury extends beyond the sick leave
 36        accrued to the credit of the officer or employee, the officer or  employee
 37        may be granted leave without pay.
 38        (g)  The  administrator  shall  prescribe additional requirements for sick
 39        leave for classified officers and employees on a  part-time  or  irregular
 40        schedule,  for maintaining sick leave records, for funeral leave, and such
 41        other applicable purposes as necessary.
 42        (2)  Unused sick leave may be used as follows:
 43        (a)  Upon separation from state employment  by  retirement  in  accordance
                                                                        
                                       2
                                                                        
  1        with  chapter  13,  title  59  or  chapter  1,  title  33,  Idaho Code, an
  2        employee's unused sick leave shall be determined based on accumulated sick
  3        leave earned subsequent to July 1, 1976, and  shall  be  reported  by  the
  4        employer  to  the  public employee retirement system. Upon separation from
  5        state employment by retirement in accordance with  chapter  20,  title  1,
  6        Idaho  Code,  an employee's unused sick leave shall be determined based on
  7        accumulated sick leave earned subsequent to July 1,  2000,  and  shall  be
  8        reported  by  the employer to the public employee retirement system. A sum
  9        equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of
 10        this subsection (2), whichever is the lesser, of  the  monetary  value  of
 11        such unused sick leave, calculated at the rate of pay for such employee at
 12        the  time  of  retirement, as determined by the retirement board, shall be
 13        transferred from the sick leave account provided by paragraph (c) of  this
 14        subsection  (2)  and  shall  be  credited  to  such  employee's retirement
 15        account. Such sums shall be used by the Idaho public  employee  retirement
 16        board  to pay premiums, subject to applicable federal tax limits, for such
 17        group health, dental, vision, long-term care, prescription drug  and  life
 18        insurance programs as may be maintained by the state, to the extent of the
 19        funds credited to the employee's account pursuant to this section. Upon an
 20        employee's  death,  any  unexpended  sums  remaining  in the account shall
 21        revert to the sick leave account.
 22        (b)  For the purposes of determining the monetary  value  of  unused  sick
 23        leave, the maximum unused sick leave which may be considered, shall be:
 24             (i)   During  the  first  ten thousand four hundred (10,400) hours of
 25             credited state service, the maximum unused sick leave  which  may  be
 26             considered shall be four hundred twenty (420) hours;
 27             (ii)  During  the  second ten thousand four hundred (10,400) hours of
 28             credited state service, the maximum unused sick leave  which  may  be
 29             considered shall be four hundred eighty (480) hours;
 30             (iii) During  the  third  ten thousand four hundred (10,400) hours of
 31             credited state service, the maximum unused sick leave  which  may  be
 32             considered shall be five hundred forty (540) hours; and
 33             (iv)  Thereafter,  the maximum unused sick leave which may be consid-
 34             ered shall be six hundred (600) hours.
 35        (c)  Each employer in state government shall contribute to  a  sick  leave
 36        account  maintained  by  the public employee retirement system exclusively
 37        for the purpose of the provisions of this section. The rate of  such  con-
 38        tribution each pay period shall consist of a percentage of employees' sal-
 39        aries  as  determined  by  the board, and such rate shall remain in effect
 40        until next determined by the board. Any excess balance in the  sick  leave
 41        account  shall be invested, and the earnings therefrom shall accrue to the
 42        sick leave account except the amount  required  by  the  board  to  defray
 43        administrative  expenses. All moneys payable to the sick leave account are
 44        hereby perpetually appropriated to the board, and shall not be included in
 45        its departmental budget. The state insurance fund and public  health  dis-
 46        tricts  shall  be considered employers in state government for purposes of
 47        participation under this section.
                                                                        
 48        SECTION 2.  This act shall be in full force and effect on and  after  July
 49    1,  2007,  and  shall  apply  to  all  state employees who separate from state
 50    employment by retirement on or after July 1, 2007. State employees  who  sepa-
 51    rate  from  state employment before July 1, 2007, shall have the provisions of
 52    Section 67-5333, Idaho Code, in effect on June 30, 2007, apply to them.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Lake                
                                                                        
                                                     Seconded by Bradford            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 105
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, delete lines 9 and 10 and insert: "equal to
  3    one-half (1/2), or the maximum amount allowed by paragraph (b) of this subsec-
  4    tion (2), whichever is the lesser, of the monetary value of"; and delete lines
  5    22 through 35 and insert:
  6        "(b)  For the purposes of determining the monetary value  of  unused  sick
  7        leave, the maximum unused sick leave which may be considered, shall be:
  8             (i)   During  the  first  ten thousand four hundred (10,400) hours of
  9             credited state service, the maximum unused sick leave  which  may  be
 10             considered shall be four hundred twenty eighty (420480) hours;
 11             (ii)  During  the  second ten thousand four hundred (10,400) hours of
 12             credited state service, the maximum unused sick leave  which  may  be
 13             considered shall be four five hundred eighty forty (480540) hours;
 14             (iii) During  the  third  ten thousand four hundred (10,400) hours of
 15             credited state service, the maximum unused sick leave  which  may  be
 16             considered shall be five six hundred forty (540600) hours; and
 17             (iv)  Thereafter,  the maximum unused sick leave which may be consid-
 18             ered shall be six hundred sixty (600660) hours.
 19        (c)  Each employer in state government shall contribute to a sick leave".
                                                                        
 20                                 CORRECTION TO TITLE
 21        On page 1, in line 3, delete "REMOVE" and insert: "REVISE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 105, As Amended
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5333, IDAHO  CODE,
  3        TO  REVISE  THE  LIMIT  ON  UNUSED  SICK  LEAVE WHICH IS TRANSFERRED TO AN
  4        EMPLOYEE'S RETIREMENT ACCOUNT UPON SEPARATION  FROM  STATE  EMPLOYMENT  BY
  5        RETIREMENT; AND TO PROVIDE AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 67-5333, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        67-5333.  SICK LEAVE. (1) Sick leave shall be computed as follows:
 10        (a)  The rate per hour at which sick  leave  shall  accrue  to  classified
 11        officers and employees earning credited state service shall be at the rate
 12        represented  by  the  proportion  96/2080. Sick leave shall accrue without
 13        limit, and shall be transferable from department to department.
 14        (b)  Sick leave shall not accrue to any officer or employee on any kind of
 15        leave of absence without pay, suspension without pay or layoff. Sick leave
 16        shall accrue while an officer or employee is on approved leave  with  pay,
 17        on  approved  vacation  leave, on approved military leave with pay, and on
 18        approved sick leave, but not when compensatory time or earned  administra-
 19        tive leave is taken.
 20        (c)  All  accrued  sick leave shall be forfeited at the time of separation
 21        from state service and no officer or  employee  shall  be  reimbursed  for
 22        accrued  sick  leave at the time of separation, except as provided in sub-
 23        section (2) of this section. If such officer or employee returns to  cred-
 24        ited  state  service  within  three (3) years of such separation, all sick
 25        leave credits accrued at the  time  of  separation  shall  be  reinstated,
 26        except  to the extent that unused sick leave was utilized for the purposes
 27        specified in subsection (2) of this section.
 28        (d)  Sick leave shall be taken on a  workday  basis.  Regularly  scheduled
 29        days  off  and  officially  designated holidays falling within a period of
 30        sick leave shall not be counted against sick leave. Sick leave  shall  not
 31        be taken in advance of being earned.
 32        (e)  In  cases  where absences for sick leave exceed three (3) consecutive
 33        working days, the appointing authority may require verification by a  phy-
 34        sician or other authorized practitioner.
 35        (f)  If  an  absence  for  illness or injury extends beyond the sick leave
 36        accrued to the credit of the officer or employee, the officer or  employee
 37        may be granted leave without pay.
 38        (g)  The  administrator  shall  prescribe additional requirements for sick
 39        leave for classified officers and employees on a  part-time  or  irregular
 40        schedule,  for maintaining sick leave records, for funeral leave, and such
 41        other applicable purposes as necessary.
 42        (2)  Unused sick leave may be used as follows:
 43        (a)  Upon separation from state employment  by  retirement  in  accordance
                                                                        
                                       2
                                                                        
  1        with  chapter  13,  title  59  or  chapter  1,  title  33,  Idaho Code, an
  2        employee's unused sick leave shall be determined based on accumulated sick
  3        leave earned subsequent to July 1, 1976, and  shall  be  reported  by  the
  4        employer  to  the  public employee retirement system. Upon separation from
  5        state employment by retirement in accordance with  chapter  20,  title  1,
  6        Idaho  Code,  an employee's unused sick leave shall be determined based on
  7        accumulated sick leave earned subsequent to July 1,  2000,  and  shall  be
  8        reported  by  the employer to the public employee retirement system. A sum
  9        equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of
 10        this subsection (2), whichever is the lesser, of  the  monetary  value  of
 11        such unused sick leave, calculated at the rate of pay for such employee at
 12        the  time  of  retirement, as determined by the retirement board, shall be
 13        transferred from the sick leave account provided by paragraph (c) of  this
 14        subsection  (2)  and  shall  be  credited  to  such  employee's retirement
 15        account. Such sums shall be used by the Idaho public  employee  retirement
 16        board  to pay premiums, subject to applicable federal tax limits, for such
 17        group health, dental, vision, long-term care, prescription drug  and  life
 18        insurance programs as may be maintained by the state, to the extent of the
 19        funds credited to the employee's account pursuant to this section. Upon an
 20        employee's  death,  any  unexpended  sums  remaining  in the account shall
 21        revert to the sick leave account.
 22        (b)  For the purposes of determining the monetary  value  of  unused  sick
 23        leave, the maximum unused sick leave which may be considered, shall be:
 24             (i)   During  the  first  ten thousand four hundred (10,400) hours of
 25             credited state service, the maximum unused sick leave  which  may  be
 26             considered shall be four hundred twenty eighty (420480) hours;
 27             (ii)  During  the  second ten thousand four hundred (10,400) hours of
 28             credited state service, the maximum unused sick leave  which  may  be
 29             considered shall be four five hundred eighty forty (480540) hours;
 30             (iii) During  the  third  ten thousand four hundred (10,400) hours of
 31             credited state service, the maximum unused sick leave  which  may  be
 32             considered shall be five six hundred forty (540600) hours; and
 33             (iv)  Thereafter,  the maximum unused sick leave which may be consid-
 34             ered shall be six hundred sixty (600660) hours.
 35        (c)  Each employer in state government shall contribute to  a  sick  leave
 36        account  maintained  by  the public employee retirement system exclusively
 37        for the purpose of the provisions of this section. The rate of  such  con-
 38        tribution each pay period shall consist of a percentage of employees' sal-
 39        aries  as  determined  by  the board, and such rate shall remain in effect
 40        until next determined by the board. Any excess balance in the  sick  leave
 41        account  shall be invested, and the earnings therefrom shall accrue to the
 42        sick leave account except the amount  required  by  the  board  to  defray
 43        administrative  expenses. All moneys payable to the sick leave account are
 44        hereby perpetually appropriated to the board, and shall not be included in
 45        its departmental budget. The state insurance fund and public  health  dis-
 46        tricts  shall  be considered employers in state government for purposes of
 47        participation under this section.
                                                                        
 48        SECTION 2.  This act shall be in full force and effect on and  after  July
 49    1,  2007,  and  shall  apply  to  all  state employees who separate from state
 50    employment by retirement on or after July 1, 2007. State employees  who  sepa-
 51    rate  from  state employment before July 1, 2007, shall have the provisions of
 52    Section 67-5333, Idaho Code, in effect on June 30, 2007, apply to them.

Statement of Purpose / Fiscal Impact


  Reprint   Reprint   Reprint   Reprint   Reprint   Reprint

                       STATEMENT OF PURPOSE

                             RS 16758

This legislation would increase the formula limiting the unused
sick leave that can be transferred to an employee's retirement
account by sixty (60) hours.  The sum can only be used to pay
premiums for group health, accident or life insurance in programs
maintained by the state, thus encouraging employees to only use
sick leave for the purpose for which is was established.



                           FISCAL NOTE

This will require an increase of the state employer contribution
rate to 0.70% of pay from 0.65% of pay, an increase of 0.05% of pay. 
The estimated cost increase will be $175,100.00 from general
funds and $214,000.00 from dedicated funds.


Contact
Name: Vickie Patterson, Idaho Public Employees Association 
Phone: (208) 321-7464




STATEMENT OF PURPOSE/FISCAL NOTE                         H 105