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S1228......................................................by STATE AFFAIRS
HUMAN RESOURCES DIVISION - Amends existing law to move the Personnel
Commission into the office of the Governor; to provide that the
administrative head of the entity shall be appointed by the Governor; to
name the branch the Division of Human Resources; and to provide that the
Personnel Commission shall exist for appeals and grievance resolutions
purposes for classified state employees.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to St Aff
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 21-4-10
AYES--Boatright, Branch, Bunderson, Cameron, Crow, Darrington, Davis,
Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough, Lee, Richardson,
Riggs, Risch, Sandy, Sorensen, Stegner, Wheeler
NAYS--Danielson, Schroeder, Stennett, Whitworth
Absent and excused--Andreason, Burtenshaw, Deide, Ipsen, King,
McLaughlin, Noh, Parry, Thorne, Twiggs
Floor Sponsor - Risch
Title apvd - to House
03/05 House intro - 1st rdg - to St Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 48-20-2
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
Callister, Campbell, Clark, Crow, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
Hornbeck, Jones, Kellogg, Kempton, Kendell, Kunz, Limbaugh, Linford,
Loertscher, Mader, McKague, Meyer(Duncan), Mortensen, Moyle,
Pischner, Sali, Sellman, Smith, Smylie, Stevenson, Taylor, Tilman,
Tippets, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Bieter, Boe, Chase, Cuddy, Hansen(29), Henbest, Jaquet, Judd,
Marley, Montgomery, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Schaefer, Stoicheff, Stone, Trail, Watson
Absent and excused -- Lake, Wood
Floor Sponsor - Deal, Alltus
Title apvd - to Senate - to enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/26 Governor signed
Session Law Chapter 370
Effective: 07/01/99
S1228|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1228 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE PERSONNEL COMMISSION; AMENDING SECTION 67-5301, IDAHO CODE, TO 3 PROVIDE FOR THE ESTABLISHMENT OF A DIVISION OF HUMAN RESOURCES IN THE 4 OFFICE OF THE GOVERNOR AND TO REMOVE THE ENTITY FROM THE DEPARTMENT OF 5 ADMINISTRATION; AMENDING SECTION 67-5302, IDAHO CODE, TO REVISE DEFINI- 6 TIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-5304, IDAHO 7 CODE, TO DELETE ARCHAIC LANGUAGE AND TO PROVIDE A REFERENCE TO THE DIVI- 8 SION OF HUMAN RESOURCES; AMENDING SECTION 67-5305, IDAHO CODE, TO DELETE 9 ARCHAIC LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 10 67-5306, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 11 67-5307, IDAHO CODE, TO PROVIDE FOR CREATION OF THE PERSONNEL COMMISSION 12 IN THE OFFICE OF THE GOVERNOR AND TO PROVIDE FOR AN APPEAL BY A DEPARTMENT 13 AGGRIEVED BY ANY ACTION OR INACTION OF THE DIVISION OF HUMAN RESOURCES; 14 AMENDING SECTION 67-5308, IDAHO CODE, TO PROVIDE AUTHORITY AND DUTIES OF 15 THE DIVISION OF HUMAN RESOURCES AND TO PROVIDE FOR APPOINTMENT OF AN 16 ADMINISTRATOR OF THE DIVISION SUBJECT TO CONFIRMATION BY THE STATE SENATE; 17 AMENDING SECTION 67-5309, IDAHO CODE, TO PROVIDE FOR RULES OF THE DIVISION 18 OF HUMAN RESOURCES; AMENDING SECTION 67-5309B, IDAHO CODE, TO PROVIDE THE 19 ESTABLISHMENT OF SALARIES BY THE ADMINISTRATOR OF THE DIVISION OF HUMAN 20 RESOURCES; AMENDING SECTION 67-5309C, IDAHO CODE, TO PROVIDE CORRECT TER- 21 MINOLOGY, TO CORRECT A CODIFIER'S ERROR AND TO MAKE TECHNICAL CORRECTIONS; 22 AMENDING SECTION 67-5310, IDAHO CODE, TO PROVIDE SERVICE TO OTHER POLITI- 23 CAL SUBDIVISIONS BY THE ADMINISTRATOR AND TO MAKE A TECHNICAL CORRECTION; 24 AMENDING SECTION 67-5314, IDAHO CODE, TO CREATE THE DIVISION OF HUMAN 25 RESOURCES FUND IN THE STATE TREASURY; AMENDING SECTION 67-5315, IDAHO 26 CODE, TO PROVIDE DUTIES TO THE ADMINISTRATOR REGARDING ESTABLISHMENT AND 27 ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE PROCESS PROCEDURES; AMENDING 28 SECTION 67-5316, IDAHO CODE, TO REVISE THE APPEAL PROCEDURE; AMENDING SEC- 29 TION 67-5317, IDAHO CODE, TO CLARIFY THE PETITION FOR REVIEW PROCEDURE; 30 AMENDING SECTION 67-5333, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; 31 AMENDING SECTION 59-904, IDAHO CODE, TO ADD THE ADMINISTRATOR OF THE DIVI- 32 SION OF HUMAN RESOURCES TO THE LIST OF STATE OFFICES; AMENDING SECTION 33 67-429, IDAHO CODE, TO PROVIDE THAT THE LEGISLATIVE COUNCIL SHALL REVIEW 34 AND MAKE RECOMMENDATIONS TO THE ADMINISTRATOR OF THE DIVISION OF HUMAN 35 RESOURCES ON ALL ASPECTS OF THE STATE PERSONNEL SYSTEM, INCLUDING POLI- 36 CIES, WAGES AND SALARIES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 37 TION 67-1911, IDAHO CODE, TO PROVIDE REFERENCE TO THE ADMINISTRATOR OF THE 38 DIVISION OF HUMAN RESOURCES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING 39 SECTION 67-4126, IDAHO CODE, TO PROVIDE REFERENCE TO THE ADMINISTRATOR OF 40 THE DIVISION OF HUMAN RESOURCES AND TO MAKE A TECHNICAL CORRECTION; AMEND- 41 ING SECTION 22-4113, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE; AMENDING 42 SECTION 36-106, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE AND TO MAKE 43 TECHNICAL CORRECTIONS; AMENDING SECTION 36-202, IDAHO CODE, TO REVISE A 44 DEFINITION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 57-727, 45 IDAHO CODE, TO PROVIDE A REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF 46 HUMAN RESOURCES; AMENDING SECTION 59-1303, IDAHO CODE, TO PROVIDE THAT 2 1 AFTER JULY 1, 1999, A REQUIREMENT FOR POST CERTIFICATION FOR CLASSIFIED 2 STATE EMPLOYEES MAY BE MADE ONLY BY THE ADMINISTRATOR OF THE DIVISION OF 3 HUMAN RESOURCES; AND AMENDING SECTION 59-1603, IDAHO CODE, TO PROVIDE A 4 CORRECT REFERENCE AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-5301, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-5301. ESTABLISHMENT OFPERSONNEL COMMISSIONDIVI- 9 SION OF HUMAN RESOURCES AND DECLARATION OF POLICY. There is hereby 10 established theIdaho personnel commission,division of 11 human resources in thedepartment of administration12 office of the governor , which is authorized and directed to administer 13 a personnel system, including the provision of personal and professional 14 training, for classified Idaho employees.The commission shall not be15subject to the administrative control of the director of the department of16administration. The purpose of said personnel system is to provide a 17 means whereby classified employees of the state of Idaho shall be examined, 18 selected, retained and promoted on the basis of merit and their performance of 19 duties, thus effecting economy and efficiency in the administration of state 20 government. The legislature declares that, in its considered judgment, the 21 public good and the general welfare of the citizens of this state require 22 enactment of this measure, under the powers of the state. 23 SECTION 2. That Section 67-5302, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 26 tions of the Idaho Code, each of the terms defined in this section shall have 27 the meaning given in this section unless a different meaning is clearly 28 required by the context. Such terms and their definitions are: 29 (1) "Administrative employee" means any person, nonclassified or classi- 30 fied appointed to a position which meets the following criteria: 31 1. (a) Responsible office or nonmanual work directly related to the 32 management policies of a department or section; or 33 (b) Responsible work that is directly related to academic instruc- 34 tion or training carried on in the administration of a school system 35 or educational establishment; and 36 2. The employee must customarily and regularly exercise discretion and 37 independent judgment, as distinguished from using skills and following 38 procedures. The employee must have the authority to make important deci- 39 sions; and 40 3. The employee must: 41 (a) Regularly assist a bona fide executive or administrative 42 employee; or 43 (b) Perform work under general supervision along specialized or 44 technical lines requiring special training, experience or knowledge; 45 or 46 (c) Execute under only general supervision special assignments; and 47 4. The employee is classified to a position allocated to the pay grade 48 equivalent to two hundred sixty (260) points or higher pursuant to the 49 rating system established by section 67-5309C, Idaho Code. 50 5. Final designation of a classified position as "administrative" within 3 1 this definition shall be made by theIdaho personnel commission2administrator of the division of human resources . 3 (2) "Administrator" means the administrator of the division of 4 human resources in the governor's office. 5 (3) "Appointing authority" means the officer, board, commission, 6 person or group of persons authorized by statute or lawfully delegated author- 7 ity to make appointments to or employ personnel in any department. 8 (34 ) "Class" means a group of positions suffi- 9 ciently similar as to the duties performed, degree of supervision exercised or 10 required, minimum requirements of training, experience or skill, and other 11 characteristics, that the same title, the same tests of fitness and the same 12 schedule of compensation may be applied to each position in the group. 13 (45 ) "Classified officer or employee" means any 14 person appointed to or holding a position in any department of the state of 15 Idaho which position is subject to the provisions of the merit examination, 16 selection, retention, promotion and dismissal requirements of chapter 53, 17 title 67, Idaho Code. 18 (56 ) "Commission" means the Idaho personnel 19 commission. 20 (67 ) "Compensatory time" means approved time 21 off from duty provided in compensation for overtime hours worked. 22 (78 ) "Department" means any department, agency, 23 institution or office of the state of Idaho. 24 (89 ) "Disabled veteran" means an individual who 25 has served on military duty in the armed forces of the United States during 26 any period of war recognized by the United States department of veterans 27 affairs for the purposes of awarding federal veterans'benefits 28 as may be defined in title 38, U.S. code, chapter 1, section 101(11), or dur- 29 ing any other conflict recognized by the award of a campaign or service medal 30 of the United States; and has been separated therefrom under honorable condi- 31 tions; and has established the present existence of a service-connected dis- 32 ability; and is receiving compensation, disability retirement benefits, or 33 pension under a public statute as administered by the department of veterans 34 affairs or a military department. 35 (910 ) "Eligible" means a person who has been 36 determined to be qualified for a classified position and whose name has been 37 placed on the register of eligibles. 38 (101 ) "Executive employee" means any person, 39 nonclassified or classified, appointed to a position equivalent to a bureau 40 chief or above as provided in section 67-2402, Idaho Code, or any employee 41 meeting the following criteria: 42 1. An individual whose primary duty is management of a department, divi- 43 sion or section; and 44 2. Who customarily and regularly directs the work of at least two (2) or 45 more other employees therein; and 46 3. Who has the authority to hire and fire, or to recommend hiring and 47 firing; or whose recommendation on these and other actions affecting 48 employees is given particular weight; and 49 4. Who customarily and regularly exercises discretionary powers; and 50 5. Who is classified to a position allocated to the pay grade equivalent 51 to two hundred sixty (260) points or higher pursuant to the rating system 52 established by section 67-5309C, Idaho Code. 53 6. Final designation of a classified position as "executive" in this def- 54 inition shall be made by theIdaho personnel commission55 administrator . 4 1 (112 ) "Exempt employee" means any employee, 2 classified or nonclassified, who is determined to be an executive, profes- 3 sional or administrative employee as defined herein, or who qualifies for any 4 other exemption from cash compensation for overtime under applicable federal 5 law. Final designation of a classified position as exempt shall be made by the 6Idaho personnel commissionadministrator . 7 (123 ) "Full-time employee" means any employee 8 working a forty (40) hour work week. 9 (134 ) "Holiday" means the following: 10 January 1 (New Year's Day); 11 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 12 Day); 13 Third Monday in February (Washington's Birthday); 14 Last Monday in May (Decoration Day); 15 July 4 (Independence Day); 16 First Monday in September (Labor Day); 17 Second Monday in October (Columbus Day); 18 November 11 (Veterans Day); 19 Fourth Thursday in November (Thanksgiving); 20 December 25 (Christmas). 21 In addition, the term "holiday" shall mean any day so designated by the Presi- 22 dent of the United States or the governor of this state for a public fast, 23 thanksgiving or holiday. 24 In the event that a holiday occurs on a Saturday, the preceding Friday 25 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 26 shall be a holiday. 27 A holiday is a day of exemption from work granted to employees during 28 which said employees shall be compensated as if they actually worked. 29 (145 ) "Hours worked" mean s those 30 hours actually spent in the performance of the employee's job and shall not 31 include holidays, vacation or sick leave or other approved leave of absence. 32 (156 ) "Nonclassified employee" means any person 33 appointed to or holding a position in any department of the state of Idaho, 34 which position is exempted from the provisions of chapter 53, title 67, Idaho 35 Code, as provided for in section 67-5303, Idaho Code. 36 (167 ) "Normal work week" means any forty (40) 37 hours worked during a particular one hundredandsixty-eight 38 (168) hour period as previously established by the employee's appointing 39 authority. 40 (178 ) "Open competitive examination" means an 41 examination which may be taken by qualified applicants to compete on an equal 42 basis for listing on the register of eligibles. 43 (189 ) "Overtime work" means time worked on holi- 44 days and time worked in excess of forty (40) hours in a period of one hundred 45 sixty-eight (168) consecutive hours, except that in the case of those employ- 46 ees engaged in law enforcement, correctional and fire protection activities 47 characterized by irregular shift work schedules, time worked in excess of one 48 hundred sixty (160) hours in a period of twenty-eight (28) consecutive days 49 shall constitute overtime work within the meaning of this chapter. 50 (1920 ) "Participating department" means any 51 department of the state of Idaho which employs persons in classified positions 52 subject to the merit examination, selection, retention, promotion and dis- 53 missal requirements of this chapter. 54 (201 ) "Part-time employee" means any employee 55 whose usually scheduled work is less than forty (40) hours in a period of one 5 1 hundred sixty-eight (168) consecutive hours. 2 (212 ) "Personnel system" means the procedure for 3 administering employees in accordance with this chapter. 4 (223 ) "Political office" means a public office 5 for which partisan politics is a basis for nomination, election or appoint- 6 ment. 7 (234 ) "Political organization" means a party 8 which sponsors candidates for election to political office. 9 (245 ) "Position" means a group of duties and 10 responsibilities legally assigned or delegated by one (1) or more appointing 11 authorities and requiring the employment of one (1) person. 12 (256 ) "Professional employee" means any person, 13 nonclassified or classified, appointed to a position which meets the following 14 criteria: 15 1. The employee's primary duty must be either: 16 (a) Work requiring knowledge of an advanced type in a field of sci- 17 ence or learning, customarily obtained by a prolonged course of spe- 18 cialized instruction and study; or 19 (b) Work that is original and creative in character in a recognized 20 field of artistic endeavor and the result of which depends primarily 21 on his invention, imagination, or talent; or 22 (c) Work as a teacher certified or recognized as such in a school 23 system or educational institution by which he is employed; and 24 2. The employee must consistently exercise discretion and judgment; and 25 3. The employee must do work that is predominantly intellectual and var- 26 ied, as distinguished from routine or mechanical duties; and 27 4. The employee is classified to a position allocated to the pay grade 28 equivalent to two hundred sixty (260) points or higher pursuant to the 29 rating system established in section 67-5309C, Idaho Code. 30 5. Final designation of a classified position as "professional" within 31 this definition shall be made by theIdaho personnel commission32administrator . 33 (267 ) "Provisional appointment" means appoint- 34 ment to a classified position pending the establishment of a register for such 35 position and employment shall not be continued in this status longer than 36 thirty (30) days after establishment of a register. 37 (278 ) "Qualifying examination" means an examina- 38 tion or evaluation given to a selected person to determine eligi- 39 bility for reclassification or appointment to a position in a classification. 40 (289 ) "Register" means a list of names of per- 41 sons who have been determined to be eligible for employment in a classified 42 position as determined on the basis of examination and merit factors as estab- 43 lished by thecommissionadministrator . 44 (2930 ) "Seasonal appointment" means an appoint- 45 ment to a position which is permanent in nature, but which has intermittent 46 work periods throughout the year. 47 (301 ) "Service rating" means a recorded evalua- 48 tion of work performance and promotional potential of an employee by his 49 supervisor. 50 (312 ) "Temporary appointment" means appointment 51 to a position which is not permanent in nature, and in which employment will 52 not exceed one thousand three hundred eighty-five (1,385) hours during any 53 twelve (12) month period. No person holding a temporary appointment may work 54 in excess of one thousand three hundred eighty-five (1,385) hours during a 55 twelve (12) month period of time for any one (1) department, except upon peti- 6 1 tion by the appointing authority of the department of lands that demonstrates 2 good cause, thedirector of the personnel commissionadmin- 3 istrator of the division of human resources may extend the one thou- 4 sand three hundred eighty-five (1,385) hour limit for employees of the depart- 5 ment who are required to perform fire suppression activities. 6 (323 ) "Vacation leave" means a period of exemp- 7 tion from work granted to employees during which time said employees shall be 8 compensated. The term shall not include compensatory time for overtime work. 9 (334 ) "Veteran" means any person who has served 10 in the active service of the armed forces of the United States during any 11 period of war recognized by the United States department of veterans affairs 12 for the purpose of awarding federal veterans'benefits as may be 13 defined in title 38, U.S. code, chapter 1, section 101(11), or during any 14 other conflict recognized by the award of a campaign or service medal of the 15 United States, and who has been discharged under other than dishonorable con- 16 ditions. 17 SECTION 3. That Section 67-5304, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-5304. EXISTING MERIT SYSTEMS AND PERSONNEL SYSTEMS.(1) Depart-20ments of the state whose personnel administration is governed by the merit21system council and the public assistance personnel council shall continue to22be so governed and administered, and shall not be participating departments in23the personnel system established by this act, until the plans established24under this act are determined acceptable by departments under these merit sys-25tems and until all departments not under such system are covered by this act.26At such time, but no later than June 30, 1967, such systems shall cease to be27in effect and operative and departments governed by them shall become partici-28pating departments in the personnel system established by this act. At such29time, all records and equipment of the merit system council and the public30assistance personnel council shall be transferred to the commission, giving31each of the eligible contributing departments credit for reasonable market32value of the office equipment transferred. Credit shall be issued back to the33contributing departments at the same ratio as it was paid in.34(2)The personnel system administered by thepersonnel35commissiondivision of human resources created by this act 36 is hereby designated as the "merit system," "civil service system" or 37 "personnel system" as may be required by any other section of the Idaho Code 38 for the administration of any department covered by this act; and all laws in 39 conflict in whole or in part with the provisions of this act are hereby 40 repealed to the extent of such conflict or inconsistency, provided, however, 41 that in the implementation of this act those portions of chapter 35, title 67, 42 Idaho Code, requiring approval of the administrator of the division of finan- 43 cial management of increase in compensation for any state employee, shall not 44 be held to apply to employees covered under this act, but all departments 45 whose salaries and administrative costs come from state appropriations shall 46 prepare and file the reports and estimates in the office of the administrator 47 of the division of financial management in accordance with chapter 35, title 48 67, Idaho Code, and personnel compensation thereunder shall not be effective 49 until approved as being within the state budget limitations of the respective 50 department. 51 SECTION 4. That Section 67-5305, Idaho Code, be, and the same is hereby 52 amended to read as follows: 7 1 67-5305. EMPLOYEES HIRED PRIOR TO ENACTMENT OF THIS ACT. (1)Any2employee of the department of health and welfare, the employment security3agency, the fish and game department, the department of public assistance, the4department of disaster relief and civil defense, office of emergency planning,5and the state police appointed or having rights or status under the rules of6the merit system, personnel system, or laws of the state of Idaho in effect7prior to the enactment of this act shall be given like or equivalent status8and salary under the personnel system established by this act.9(2) An employee defined as classified herein, and not having rights10or status as provided above, who prior to the date his department commences11participation in the personnel system has served continuously for a period of12six (6) months or more, and who is certified in writing by the administrative13head of his department to be serving satisfactorily on such date shall be14deemed to be a fully qualified employee under the Idaho personnel commission15act. An employee with six (6) months or more of service, not so certified, may16be:17(a) Separated, or18(b) Placed on probation for a six (6) month period commencing with the19effective date of this act and at the end of probation be certified to be20serving satisfactorily and be deemed a fully qualified employee under this21act or, if not so certified, be separated, or22(c) Given provisional status pending the establishment of an adequate23register of eligibles and shall not be continued in this status longer24than thirty (30) days after establishment of an adequate register for his25position.26(3) Except as provided in paragraph (1) of this section, aA 27 n employee who has had less than six (6) calendar months of service on 28 the date his department commences participation in the personnel system shall 29 be required to pass a suitablenon-competitivenoncompeti- 30 tive examination and satisfactorily complete a probationary period in 31 order to be retained in a position. 32 (42 ) An employee who does not obtain a passing 33 grade in the examination referred to inparagraph (3)sub- 34 section (2) of this section shall be separated from his position within 35 thirty (30) days after the establishment of an adequate register of eligibles 36 for such position. 37 SECTION 5. That Section 67-5306, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 67-5306. APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS. Notwithstanding 40 any other provision, wherever federal merit system standards are applicable to 41 any department covered by this act, financed in whole or in part by federal 42 funds, rulesand regulationsshall be established or modified by 43 thecommissionadministrator pursuant to chapter 52, title 44 67, Idaho Code, to the extent necessary to apply such standards to per- 45 sonnel administration in such grant-in-aid programs, and to the positions and 46 employees therein. 47 SECTION 6. That Section 67-5307, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 67-5307. ORGANIZATION OF COMMISSION. (1) The Idaho personnel commission 50 is hereby createdby this actin the office of 51 the governor and shall consist of five (5) members, not more than three 8 1 (3) of which at any time may belong to the same political party. The members 2 of the commission shall be appointed by the governor on the basis of experi- 3 ence in personnel management, business or governmental management and their 4 known sympathy with merit principles for the impartial selection of efficient 5 state government employees; provided, however, that at least two (2) of the 6 members shall have had at least five (5) years of personnel management experi- 7 ence. 8 (2) Members of the commission shall be appointed for overlapping terms of 9 six (6) years, except that in the first instance one (1) member shall be 10 appointed for two (2) years, one (1) member for four (4) years and one (1) 11 member for six (6) years. Initial members shall be appointed to take office 12 within thirty (30) days after the effective date of thisact13 chapter . The members of the personnel commission serving on the 14 effective date of thisactchapter shall continue in 15 office subject to the provisions of thisactchapter 16 . The additional members of the commission shall be appointed one (1) 17 for four (4) years and one (1) for six (6) years, the term of each to be des- 18 ignated by the governor. Their successors shall be appointed for terms of six 19 (6) years. If, for any reason, a member should leave the commission before his 20 term expires, the governor shall appoint another member to fill out the unex- 21 pired term. 22 (3) No member of the commission shall hold political office or be an 23 officer of a political organization during his term, nor shall any member have 24 held political office or have been an officer of a political organization dur- 25 ing the twelve (12) months preceding his appointment. No member of the commis- 26 sion shall have been employed as an official or employee of the state of Idaho 27 during the twelve (12) months preceding his appointment, nor be so employed 28 during his term. The chairman shall be appointed by the governor prior to the 29 first meeting of each calendar year. 30 (4) Any department aggrieved by any action or inaction of the31commissiondivision of human resources shall be afforded 32 an opportunity for a hearing before thecommissiondivision 33 upon request therefor in writing. Minutes or summary of the proceedings 34 of all hearings shall be made and filed with thecommission35 division , together with findings of fact and conclusions of law made by 36 thecommissiondivision . 37 (5) The governor may remove a commissioner for inefficiency, neglect of 38 duty or misconduct in office after first giving him a copy of charges against 39 him and an opportunity to be heard publicly before the governor. A copy of the 40 charges and a transcript of the record of the hearing shall be filed with the 41 secretary of state. 42 (6) The commission shall meet at regularly scheduled intervals or on call 43 of the chairman. Three (3) members shall constitute a quorum for the transac- 44 tion of business. Members shall each be compensated as provided by section 45 59-509(n), Idaho Code. 46 SECTION 7. That Section 67-5308, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 67-5308. AUTHORITY AND DUTIES OF THEPERSONNEL COMMISSION49 DIVISION OF HUMAN RESOURCES -- SELECTION OFPERSONNEL50DIRECTORADMINISTRATOR . (1) It shall be the duty of the 51Idaho personnel commissiondivision of human resources 52 to administer thisactchapter . The53commissionadministrator of the division of human resources 9 1 shall have the duty, power and authority to employ such persons, make 2 such expenditures, require such reports, make investigations, perform such 3 travel pursuant to the provisions of thisactchapter 4 , and to take such other actions as it deems necessary or suitable to 5 that end. 6 (2)A personnel director shall be appointed by the commission, with7the written approval of the governor, from a register of eligibles established8from an unassembled examination pursuant to section 67-5309, Idaho Code, who9An administrator of the division of human resources in the office 10 of the governor shall be appointed by the governor, shall be subject to con- 11 firmation by the senate and shall serve at the pleasure of governor. The 12 administrator shall be experienced in personnel administration,13and who shall be the executive secretary and administrative officer of the14commission. The administrator shall provide necessary support to 15 the commission when it carries out its duties. 16 SECTION 8. That Section 67-5309, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE 19 PERSONNEL COMMISSION. Thecommissionadministrator of the 20 division of human resources shall have the power and authority to 21 adopt, amend, or rescind such rules as may be necessary for proper administra- 22 tion of thisactchapter . Such rules shall include: 23 (a) A rule requiring thepersonnel commissionadminis- 24 trator , after consulting with each department to develop, adopt, and 25 make effective, a job classification system for positions covered by this 26actchapter , based upon an analysis of the duties 27 and responsibilities of the positions. The job classification shall include an 28 appropriate title for each class, and a description of duties and responsibil- 29 ities of positions in the classes and the requirements of minimum training, 30 experience and other qualifications, suitable for the performance of duties of 31 the position. 32 (b) A rule describing the relevant labor markets and benchmark job clas- 33 sifications used in thecommission'sadministrator's 34 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 thecommission39 administrator of the personnel system including classifications and 40 compensation policies and procedures. 41 (e) A rule that, notwithstanding the procedure for examination and rank- 42 ing of eligibles on a register provided in subsection (f) of this section, an 43 agency may appoint an individual directly into an entrance or promotional pro- 44 bation if the division of vocational rehabilitation, Idaho commission for the 45 blind and visually impaired or the industrial commission certifies, with the 46 concurrence ofpersonnel commissiondivision of human 47 resources staff, that the individual (1) has a disability or handicap 48 as defined under state or federal law; (2) is qualified to perform the essen- 49 tial functions of a particular classified position with or without reasonable 50 accommodation; and (3) lacks competitiveness in the examination process due to 51 the disability or handicap. The probationary period as provided in subsection 52 (j) of this section shall be the sole examination for such individuals. 53 (f) A rule requiring fair and impartial selection of appointees to all 10 1 positions other than those defined as nonclassified in thisact2 chapter , on the basis of open competitive merit examinations 3 or evaluations . An application for an examination will be 4 accepted after the closing date of the examination from a person who was serv- 5 ing in the armed forces, or undergoing hospitalization of no more than one (1) 6 year following discharge, during any period in which the examination was open; 7 the application must be submitted within one hundred twenty (120) days of sep- 8 aration from the armed forces or hospitalization and prior to the expiration 9 of the register established as a result of the examination. A disabled veteran 10 may file an application at any time for any position for which thecom-11missiondivision maintains a register or for which a reg- 12 ister is about to be established, provided he or she has not already been 13 examined twice for the same position and grade for which application is made, 14 does not have current eligibility on that register, or is not serving in a 15 competitive position in the same grade for which application is made. Examina- 16 tions may be assembled or unassembled and may include various examining tech- 17 niques such as rating of training and experience, written tests, oral inter- 18 views, recognition of professional licensing, performance tests, investiga- 19 tions and any other measure of ability to perform the duties of the position. 20 Examinations shall be scored objectively. Five (5) points shall be added to 21 the earned rating of any war veteran and the widow of any war veteran as long 22 as she remains unmarried. Ten (10) points shall be added to the earned rating 23 of any disabled war veteran, the widow of any disabled war veteran as long as 24 she remains unmarried or the spouse of any disabled veteran who is physically 25 unable to perform the work in the position to which the spouse seeks to apply 26 the preference. Employment registers shall be established in order of final 27 score except that the names of all five (5) point preference eligibles result- 28 ing from any merit system or civil service examination shall be placed on the 29 register in accordance with their augmented rating, and the names of all ten 30 (10) point preference eligibles shall be placed at the top of the register 31 above the names of all nonpreference eligibles. Certification of eligibility 32 for appointment to vacancies shall be in accordance with a formula which lim- 33 its selection by the hiring department from among the ten (10) top ranking 34 available eligibles plus the names of all individuals with scores identical to 35 the tenth ranking eligible on the register. A register with at least five (5) 36 eligibles shall be adequate. Selective certification shall be permitted when 37 justified by the hiring department, under rules to be made by thecom-38missiondivision defining adequate justification based on 39 the duties and requirements of the positions. Such examinations need not be 40 held until after the rules have been adopted, the service classified and a pay 41 plan established, but shall be held not later than one (1) year after depart- 42 ments commence participation in the personnel system. 43 (g) A rule that, whenever practicable, a vacancy in a classified position 44 shall be filled by the promotion of a qualified permanent employee of the 45 agency in which the vacancy occurs. An inter-agency promotion shall be made 46 through competitive examination and all qualified state employees shall have 47 the opportunity to compete for such promotions. If an employee's name appears 48 within certifiable range on a current register for a higher class of position, 49 he shall be eligible for a transfer and promotion. 50 (h) A rule for development and maintenance of a system of service ratings 51 and the use of such ratings by all departments in connection with promotions, 52 demotions, retentions, separations and reassignments. The rule shall require 53 that an evaluation of each classified employee shall be made after each two 54 thousand eighty (2,080) hour period of credited state service, and that a copy 55 of the evaluation shall be filed with thecommissiondivi- 11 1 sion . 2 (i) A rule prohibiting disqualification of any person from taking an 3 examination, from appointment to a position, from promotion, or from holding a 4 position because of race or national origin, color, sex, age, political or 5 religious opinions or affiliations,or other nonmerit factors,6 and providing for right of appeal. 7 (j) A rule establishing a probation period not to exceed one thousand 8 forty (1,040) hours of credited state service for all appointments and promo- 9 tions, except that peace officers as defined in section 19-5101, Idaho Code, 10 shall be subject to a probation period of two thousand eighty (2,080) hours of 11 credited state service, and for the appointing authority to provide the 12 employee and thecommissionadministrator a perfor- 13 mance evaluation indicating satisfactory or unsatisfactory performance not 14 later than thirty (30) days after the expiration of the probationary period. 15 The rule shall provide that if the appointing authority fails to provide a 16 performance evaluation within thirty (30) days after the expiration of the 17 probationary period, the employee shall be deemed to have satisfactorily com- 18 pleted the probation unless the appointing authority receives approval from 19 thestate personnel directoradministrator to extend 20 the probationary period for good cause for an additional specified period not 21 to exceed one thousand forty (1,040) hours of credited state service. If an 22 employee is performing in an unsatisfactory manner during the entrance proba- 23 tionary period, the appointing authority shall ask the employee to resign, and 24 if no resignation is submitted, shall terminate the employment of such 25 employee without the 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 thepersonnel commissionadministra- 38 tor or the division . 39 2. Inefficiency, incompetency, or negligence in the performance of 40 duties. 41 3. Physical or mental incapability for performing assigned duties. 42 4. Refusal to accept a reasonable and proper assignment from an autho- 43 rized supervisor. 44 5. Insubordination or conduct unbecoming a state employee or conduct det- 45 rimental to good order and discipline in the employee's department. 46 6. Intoxication on duty. 47 7. Careless, negligent, or improper use or unlawful conversion of state 48 property, equipment or funds. 49 8. Use of any influence which violates the principles of the merit system 50 in an attempt to secure a promotion or privileges for individual advan- 51 tage. 52 9. Conviction of official misconduct in office, or conviction of any fel- 53 ony, or conviction of any other crime involving moral turpitude. 54 10. Acceptance of gifts in exchange for influence or favors given in the 55 employee's official capacity. 12 1 11. Habitual pattern of failure to report for duty at the assigned place 2 and time. 3 12. Habitual improper use of sick leave privileges. 4 13. Unauthorized disclosure of confidential information from official 5 records. 6 14. Absence without leave. 7 15. Misstatement or deception in the application for the position. 8 16. Failure to obtain or maintain a current license or certificate law- 9 fully required as a condition for performing the duties of the job. 10 17. Prohibited participation in political activities. 11 (o) A rule to establish procedures for maintenance of a record of the 12 employment history and appropriate information relating to performance of all 13 employees under the personnel system. For the purposes of this rule, the state 14 shall be considered one (1) employer. 15 (p) Rules to provide for recruitment programs in cooperation with depart- 16 ment heads and the employment security agency in keeping with current employ- 17 ment conditions and labor market trends. 18 (q) Rules to establish procedures for examinations as necessary for the 19 purpose of maintaining current registers from which to fill employment vacan- 20 cies. 21 (r) Other rules not inconsistent with the foregoing provisions of this 22 section as may be necessary and proper for the administration and enforcement 23 of thisactchapter . 24 (s) A rule concerning "project exempt" appointments. 25 (t) Rules relating to leave for state employees from official duties26,including, but not limited to, sick leave, military leave, jury duty, 27 leaves of absence without compensation and such other forms of absence from 28 performance of duties in the course of state employment as may be necessary. 29 (u) A rule providing for five percent (5%) shift differential pay. 30 SECTION 9. That Section 67-5309B, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-5309B. ESTABLISHING SALARIES. (a) Thecommission33 administrator of the division of human resources shall determine the 34 relative worth of each job classification established pursuant to section 35 67-5309, Idaho Code, and, in making such determination, shall utilize the 36 guide chart profile method and correlated factoring benchmark job classifica- 37 tions developed by Hay management consultants, to ensure internal equity 38 within the classified service. 39 (b) Job classifications established or revised by thecommission40administrator shall be assigned by thecommission41administrator to a pay grade subject to the approval of 42 the administrator of the division of financial management, based on funding 43 considerations. 44 (c) Thecommissionadministrator shall conduct 45 or approve salary surveys within relevant labor markets to determine salary 46 ranges that represent competitive labor market average rates paid by private 47 industry and other governmental units for jobs of like value, based upon the 48 guide chart profile system described in subsection (a) of this section. The 49 results of such surveys shall be based on statistical, historical, or other 50 economic factors. The factors herein referred to shall include, but are not 51 limited to, anticipated salary adjustments for the positions surveyed, changes 52 in cost-of-living as measured by the consumer price index, and anticipated 53 adjustments in the average weekly wage in the state of Idaho, as defined and 13 1 determined pursuant to section 72-409, Idaho Code. 2 (d) A report of the results of salary surveys and recommendations for 3 changes in salaries, together with their estimated costs of implementation 4 based on the competitive labor market average rate of each pay grade, as 5 approved by thecommissionadministrator , shall be 6 submitted to theoffice of thegovernor not later than the first 7 day of October of each year. If the governor accepts thecommission's8administrator's report, he shall submit it to the legisla- 9 ture prior to the seventh legislative day of each session. If the governor 10 does not accept the report of thecommissionadministrator 11 , he shall submit his own report on proposed changes in salaries, and 12 thecommission'sadministrator's report, to the leg- 13 islature prior to the seventh legislative day of each session. The legislature 14 may, by concurrent resolution, accept, modify or reject either report. The 15 failure of the legislature to accept, modify or reject either report prior to 16 adjournment sine die shall constitute approval of the governor's report. The 17commissionadministrator shall implement the results 18 of such salary changes by rule, using the payline formulas approved by the 19 legislature and the mid-point of each pay grade established in section 20 67-5309C, Idaho Code. 21 SECTION 10. That Section 67-5309C, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 67-5309C. PAY GRADES AND MERIT INCREASES. (a) The following schedule 24 establishes the pay grades for all positions classified pursuant to chapter 25 53, title 67, Idaho Code. 26 STATE OF IDAHO 27 PAY GRADE SCHEDULE 28 GRADE JOB EVALUATION POINTS GRADE JOB EVALUATION POINTS 29 Minimum Mid-point Maximum Minimum Mid-point Maximum 30 A 93 or less 99 106 M 493 531 566 31 B 107 114 122 N 567 610 655 32 C 123 131 140 O 656 702 753 33 D 141 151 161 P 754 807 867 34 E 162 173 185 Q 868 928 997 35 F 186 200 213 R 998 1067 1146 36 G 214 229 245 S 1147 1227 1319 37 H 246 263 281 T 1320 1412 1516 38 I 282 303 325 U 1517 1623 1744 39 J 326 349 374 V 1745 1867 2006 40 K 375 401 430 W 2007 2147 2307 41 L 431 461 492 X 2308 2469 -- 42 (b) It is hereby declared to be the intent of the legisla- 43 ture that an employee may expect to advance in the salary range to the labor 44 market average rate for the pay grade assigned to a classification. Advance- 45 ment in pay shall be based solely on performance, including factors such as 46 productivity, reliability, effectiveness, and the ability to achieve the goals 47 and objectives of the particular position. No employee shall advance in a sal- 48 ary range without performance evaluation by the employee's immediate supervi- 49 sor, approved by the departmental director or the director's designee certify- 50 ing that the employee meets the performance criteria of the assigned position. 51 (i) When necessary to obtain qualified personnel in a particular classi- 52 fication, upon petition of the appointing authority to thecommis-53sionadministrator containing acceptable reasons 14 1 therefor, a higher temporary pay grade may be authorized by thecom-2missionadministrator which, if granted, shall be 3 reviewed annually to determine the need for continuance. 4 (ii) Each employee's work performance shall be evaluated after one thou- 5 sand forty (1,040) hours of credited state service from the date of ini- 6 tial appointment or promotion and after each two thousand eighty (2,080) 7 hours of credited state service thereafter by his or her immediate super- 8 visor. Employees may be eligible for advancement in pay, if certified as 9 meeting the performance requirements ofparagraphsub- 10 section (b)aboveof this section ; how- 11 ever, such in-grade advancement shall not be construed as a vested right. 12 The department director shall designate, upon agreement with the employee, 13 whether such in-grade advancement is temporary, conditional or permanent. 14 It shall be the specific responsibility of the supervisor and the depart- 15 mental director to effect the evaluation prescribed inparagraph16subsection (b)aboveof this sec- 17 tion on an evaluation form approved by thecommission18 administrator for that purpose. 19 (iii) In addition to pay increases authorized in paragraph (ii)20aboveof this subsection , the department director may 21 grant a classified employee holding permanent status a lump sum bonus not 22 to exceed one thousand dollars ($1,000) in any given fiscal year based 23 upon excellent performance as indicated by the performance evaluation as 24 outlined in subsection (b) of this section. Exceptions to the one thousand 25 dollar ($1,000) limit provided in this section may be granted if approved 26 in advance by the state board of examiners. 27 SECTION 11. That Section 67-5310, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 67-5310. SERVICE TO OTHER POLITICAL SUBDIVISIONS. Subject to the approval 30 of thecommissionadministrator , agreements may be 31 entered into with any political subdivision of the state of Idaho to furnish 32 services and facilities of thecommissiondivision 33 and staff to such political subdivisions in the administration of their per- 34 sonnel on merit principles. Any such agreement shall provide for reimbursement 35 to thecommissiondivision of the reasonable cost of 36 the services or facilities furnished as determined by thecommission37administrator . 38 SECTION 12. That Section 67-5314, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 67-5314. METHOD OF FINANCING. (1) There is hereby createdin the41state operating fund in the state treasury the personnel commission account42in the state treasury the division of human resources fund 43 . All participating departments are hereby authorized and directed to 44 pay out of their funds to the state treasurer their respective shares of the 45 authorized budget of thecommissiondivision . All 46 moneys placed in saidaccountfund are hereby per- 47 petually appropriated to thecommissiondivision for 48 the administrative purposes of thisactchapter . All 49 expenditures from saidaccountfund shall be paid 50 out in warrants drawn by the state controller upon presentation of proper 51 vouchers from thecommissionadministrator . 15 1 (2) Thecommissiondivision shall allocate 2 costs of its operation to each participating department in the same proportion 3 that the amount of the payroll for classified employees of the department 4 bears to the total amount of the payroll for classified employees of all 5 departments combined and averaged as to the basis for allocation of costs. 6 (3) Each participating department shall deposit to saidaccount7fund on a pay period basis as prescribed by the state con- 8 troller, an amount equal to its share of costs of operation ofpersonnel9commissionthe human resources division according to the 10 costsallocation formula set forth above. Departmental deposits 11 for each succeeding fiscal year shall be at a percentage rate of salaries and 12 wages for positions subject to thisactchapter , 13 computed to be sufficient to carry out the intent and all provisions of this 14actchapter as directed by the legislature. 15 SECTION 13. That Section 67-5315, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-5315. ESTABLISHMENT AND ADOPTION OF EMPLOYEE PROBLEM SOLVING AND DUE 18 PROCESS PROCEDURES. (1) Each participating department shall, on or before July 19 1, 19979 , establish and adopt an employee problem 20 solving procedure within such department, which shall be reduced to writing 21 and shall be in full compliance with the provisions of the uniform problem 22 solving procedure as adopted by rule by theIdaho personnel commission23administrator pursuant to subsection (4) of this section. 24 The department problem solving procedure shall be approved by thestate25personnel directoradministrator prior to implementation. 26 A copy of the approved problem solving procedure plan shall be furnished and 27 explained to each employee of the department concerned. No employee shall be 28 disciplined or otherwise prejudiced in his employment for exercising his 29 rights under the plan, and department heads shall encourage the use of the 30 plan in the resolution of grievances arising in the course of public employ- 31 ment. A classified employee may file under the problem solving procedure any 32 matter, except that compensation shall not be deemed a proper subject for con- 33 sideration under the problem solving procedure except as it applies to alleged 34 inequities within a particular agency or department, and except for termina- 35 tion during the entrance probationary period, and except for those matters set 36 forth in subsection (2) of this section. 37 (2) No action of a participating department relating to a disciplinary 38 dismissal, suspension or demotion, or an involuntary transfer shall be effec- 39 tive until the affected employee shall have received notice and an opportunity 40 to be heard. The employee may then appeal to the Idaho personnel commission 41 those disciplinary matters set forth in section 67-5316(1)(a), Idaho Code. 42 (3) If the filing concerns a matter which is reviewable pursuant to sec- 43 tion 67-5316, Idaho Code, the time for appeal to the commission shall not com- 44 mence to run until the employee has completed the problem solving procedure 45 provided by the department in accordance with the terms thereof or, in the 46 case of disciplinary actions set forth in subsection (2) of this section, 47 until the disciplinary action becomes effective; provided, however, the fail- 48 ure of an employee to pursue the problem solving procedures established within 49 the department shall constitute a waiver of the employee's right of review by 50 the commission. 51 (4) On or before July 1, 19979 , theIdaho52personnel commissiondivision of human resources shall 53 adopt a rule defining uniform problem solving and due process procedures for 16 1 use by all participating departments. With respect to the problem2solvingssolving procedure, the rule shall provide a com- 3 plete procedure for all stages of the process, including problem solving 4 meetings with department representatives in the employee's chain of command. 5 With respect to the due process procedure, the rule shall provide that the 6 employee receive notice and an opportunity to be heard before the department 7 decides in favor of disciplinary action. The rule shall also provide for time 8 periods for each step of the procedures. The rule shall provide for the use of 9 an impartial mediator upon agreement between the agency and the employee. The 10 employee shall be entitled to be represented by a person of the employee's own 11 choosing at each step of the procedures, except the initial informal discus- 12 sion with the immediate supervisor prior to filing under the problem solving 13 procedure. 14 SECTION 14. That Section 67-5316, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 67-5316. APPEAL PROCEDURE. (1) Appeals shall be limited to the following: 17 (a) Any classified employee who has successfully completed the entrance 18 probationary period may, after completing the departmental due process 19 procedure, appeal a disciplinary dismissal, demotion or suspension. 20 (b) Any classified employee may, after completing the departmental prob- 21 lem solving procedure, appeal the failure of an appointing authority to 22 provide a right and/or benefit to which the employee is entitled by law. 23 (c) Any interested person may appeal any decision or action taken by 24 thestate personnel director or staff of the Idaho personnel commis-25sionadministrator of the division of human resources or the 26 staff of the division of human resources in the performance of 27 their official duties. 28 (d) Any interested person may appeal any other matters as may now or 29 later be assigned to the personnel commission by law. 30 (2) The decision or action of the appointing authority shall be final and 31 conclusive unless a classified employee files an appeal within thirty-five 32 (35) days after completing the departmental problem solving or due process 33 procedure concerning the actions referred to in subsection (1)(a), (b), (c) 34 and (d) of this section. A decision of thepersonnel commission director35or staffadministrator shall be final and conclusive as to 36 any other interested person unless an appeal is filed within thirty-five (35) 37 days of written notice of that decision. 38 (3) The commission shall assign the matter for hearing to a duly 39 appointed hearing officer, who may be a member of the commission. 40 (4) Where the action in dispute was the discharge, demotion, or suspen- 41 sion, upon determination that proper cause did not in fact exist within the 42 definitions set forth in section 67-5309(m), Idaho Code, or that the action 43 was taken by reason of illegal discrimination, the commission or the hearing 44 officer shall order the reinstatement of the employee in the same position or 45 a position of like status and pay, with or without loss of pay for the period 46 of discharge, demotion, or suspension, or may order such other remedy as may 47 be determined to be appropriate. In all other disputed matters, the commission 48 and the hearing officer may order such action as may be appropriate. 49 (5) Process and procedure under this act shall be as summary and simple 50 as reasonably may be. The hearing officer appointed by the commission shall 51 have the power to subpoena witnesses, administer oaths, and examine such of 52 the books and records of the parties to a proceeding as relate to the ques- 53 tions in dispute. A verbatim record of the proceedings at hearings before the 17 1 commission or a hearing officer shall be maintained either by electrical 2 devices or by stenographic means, as the commission or hearing officer may 3 direct, but if any party to the action requests a stenographic record of the 4 proceedings, the record shall be done stenographically. The requesting party 5 shall pay the costs of transcribing the proceedings. 6 The district court, in and for the county in which any proceedings before 7 the Idaho personnel commission are held, shall have the power to enforce by 8 proper proceedings the attendance and testimony of witnesses, and production 9 and examination of books, papers, and records. 10 (6) If the parties reach an agreement in regard to the matters of dis- 11 pute, a memorandum of the agreement shall be filed with the commission and, if 12 approved by it, the memorandum shall be enforceable for all purposes. 13 (7) The hearing officer shall give written notice of the time and place 14 of hearing, either by personal service or by mail. Service by mail shall be 15 deemed complete when a copy of such notice is deposited in the United States 16 post office, with postage prepaid, addressed to a party's last known address, 17 as shown in the records and files of the commission. An affidavit of personal 18 service shall be filed by the person making the same. 19 (8) The hearing officer to whom the matter has been assigned shall make 20 such inquiry and investigations as shall be deemed necessary. The hearings 21 shall be held in such place as the hearing officer may designate. The decision 22 of the hearing officer, consisting of such findings of fact, conclusions of 23 law and orders as are necessary, together with the record of the proceedings, 24 shall be filed in the office of the Idaho personnel commission. A copy of the 25 hearing officer's decision shall be immediately sent to the parties by United 26 States mail. The decision of the hearing officer shall be final and conclusive 27 between the parties, unless a petition for review is filed with the commission 28 within thirty-five (35) days. The petition for review shall specifically cite 29 the alleged errors of fact or law made by the hearing officer. 30 (9) Any party in interest may file in the district court for the county 31 in which any party to the proceedings resides, a certified copy of the final 32 decision of the hearing officer, which the district court shall have the power 33 to enforce by proper proceedings. 34 (10) Where the decision and order of the hearing officer directed the 35 reinstatement of an employee, the employee shall be reinstated upon receipt of 36 a copy of the decision unless a petition for review is filed. 37 SECTION 15. That Section 67-5317, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 67-5317. PETITION FOR REVIEW PROCEDURE. (1) If a petition for review is 40 filed, the personnel commission shall review the record of the 41 proceeding before the hearing officer, briefs submitted in accordance with any 42 briefing schedule it orders, and any transcripts submitted of the hearing 43 below. The commission may grant the parties the opportunity to present oral 44 argument, but need not do so if the record clearly shows that the commission 45 or the hearing officer lacks jurisdiction over the appeal or petition for 46 review. The personnel commission may affirm, reverse or modify the decision of 47 the hearing officer, may remand the matter, or may dismiss it for lack of 48 jurisdiction. 49 (2) Any party in interest may file in the district court for the county 50 in which any party to the proceedings resides, a certified copy of the deci- 51 sion of the commission, which the district court shall have the power to 52 enforce by proper proceedings. 53 (3) A decision of the commission shall be final and conclusive between 18 1 the parties, unless within forty-two (42) days of the filing of such decision 2 either party appeals to the district court. Where the decision of the 3 personnel commission directed the reinstatement of an employee, the 4 employee shall be reinstated upon receipt of a copy of the decision unless a 5 stay of the order be granted by the district court upon proper petition. 6 SECTION 16. That Section 67-5333, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-5333. SICK LEAVE COMPUTATION. (1) The rate per hour at which sick 9 leave shall accrue to classified officers and employees earning credited state 10 service shall be at the rate represented by the proportion 96/2080. Sick leave 11 shall accrue without limit, and shall be transferable from department to 12 department. 13 (2) Sick leave shall not accrue to any officer or employee on any kind of 14 leave of absence without pay, suspension without pay or layoff, or when work- 15 ing overtime. Sick leave shall accrue while an officer or employee is on 16 approved leave with pay, on approved vacation leave, on approved military 17 leave with pay, and on approved sick leave. 18 (3) All accrued sick leave shall be forfeited at the time of separation 19 from state service and no officer or employee shall be reimbursed for accrued 20 sick leave at the time of separation, except as provided in section 67-5339, 21 Idaho Code. If such officer or employee returns to credited state service 22 within three (3) years of such separation, all sick leave credits accrued at 23 the time of separation shall be reinstated, except to the extent that unused 24 sick leave was utilized for the purposes specified in section 67-5339, Idaho 25 Code. 26 (4) Sick leave shall be taken on a workday basis. Regularly scheduled 27 days off and officially designated holidays falling within a period of sick 28 leave shall not be counted against sick leave. Sick leave shall not be taken 29 in advance of being earned. 30 (5) In cases where absences for sick leave exceed three (3) consecutive 31 working days, the appointing authority may require verification by a physician 32 or other authorized practitioner. 33 (6) If an absence for illness or injury extends beyond the sick leave 34 accrued to the credit of the officer or employee, the officer or employee may 35 be granted leave without pay. 36 (7) Thepersonnel commissionadministrator 37 shall prescribe additional requirements for sick leave for classified officers 38 and employees on a part-time or irregular schedule, for maintaining sick leave 39 records, for funeral leave, and such other applicable purposes as necessary. 40 SECTION 17. That Section 59-904, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All 43 vacancies in any state office, and in the supreme and district courts, unless 44 otherwise provided for by law, shall be filled by appointment by the governor. 45 Appointments to fill vacancies pursuant to this section shall be made as pro- 46 vided in subsections (b), (c), (d), (e), and (f) of this section, subject to 47 the limitations prescribed in those subsections. 48 (b) Nominations and appointments to fill vacancies occurring in the 49 office of lieutenant governor, state controller, state treasurer, superintend- 50 ent of public instruction, attorney general and secretary of state shall be 51 made by the governor, subject to the advice and consent of the senate, for the 19 1 balance of the term of office to which the predecessor of the person appointed 2 was elected. 3 (c) Nominations and appointments to and vacancies in the following listed 4 offices shall be made or filled by the governor subject to the advice and con- 5 sent of the senate for the terms prescribed by law, or in case such terms are 6 not prescribed by law, then to serve at the pleasure of the governor: 7 Director of the department of administration, 8 Director of the department of finance, 9 Director of the department of insurance, 10 Director, department of agriculture, 11 Director of the department of labor, 12 Director of the department of water resources, 13 Director of the department of law enforcement, 14 Director of the department of commerce, 15 Director of the department of juvenile corrections, 16 The state historic preservation officer, 17 The administrator of the division of human resources, 18 Member of the state tax commission, 19 Members of the board of regents of the university of Idaho and the state 20 board of education, 21 Members of the Idaho water resources board, 22 Members of the state fish and game commission, 23 Members of the Idaho transportation board, 24 Members of the state board of health and welfare, 25 Members of the board of directors of state parks and recreation, 26 Members of the board of correction, 27 Members of the industrial commission, 28 Members of the Idaho public utilities commission, 29 Members of the Idaho personnel commission, 30 Members of the board of directors of the Idaho state retirement system, 31 Members of the board of directors of the state insurance fund. 32 (d) Appointments made by the state board of land commissioners to the 33 office of director, department of lands, and appointments to fill vacancies 34 occurring in those offices shall be submitted by the president of the state 35 board of land commissioners to the senate for the advice and consent of the 36 senate in accordance with the procedure prescribed in this section. 37 (e) Appointments made pursuant to this section while the senate is in 38 session shall be submitted to the senate forthwith for the advice and consent 39 of that body. The appointment so made and submitted shall not be effective 40 until the approval of the senate has been recorded in the journal of the sen- 41 ate. Appointments made pursuant to this section while the senate is not in 42 session shall be effective until the appointment has been submitted to the 43 senate for the advice and consent of the senate. Should the senate adjourn 44 without granting its consent to such an interim appointment the appointment 45 shall thereupon become void and a vacancy in the office to which the appoint- 46 ment was made shall exist. 47 All appointments made pursuant to subsection (c) of this section, except 48 those appointments for which a term of office is fixed by law, shall terminate 49 at the expiration of any gubernatorial term. Appointments to fill the vacan- 50 cies thus created by the expiration of the term of office of the governor 51 shall be forthwith submitted to the senate for the advice and consent of that 52 body, and when so submitted shall be as expeditiously considered as possible. 53 Upon receipt of an appointment in the senate for the purpose of securing 54 the advice and consent of the senate, the appointment shall be referred by the 55 presiding officer to the appropriate committee of the senate for consideration 20 1 and report prior to action thereon by the full senate. 2 (f) It is the intent of the legislature that the provisions of this sec- 3 tion as amended by thisactchapter shall not apply 4 to appointments which have been made prior to the effective date of this5actchapter . It is the further intent of the legislature 6 that the provisions of this section shall apply to the offices listed in this 7 section and to any office created by law or executive order which succeeds to 8 the powers, duties, responsibilities and authorities of any of the offices 9 listed in subsections (c) and (d) of this section. 10 SECTION 18. That Section 67-429, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-429. POWERS AND DUTIES. (1) It shall be the duty of the council to 13 collect and compile information, to draft bills and to conduct research upon 14 any subject which the legislature may authorize or direct or upon any subject 15 which it may determine, provided that all activities of the council must be 16 reasonably related to a legislative purpose. The legislature may make specific 17 assignments to the council by a concurrent resolution approved by both houses. 18 (2) The council may hold public hearings and it may authorize or direct 19 any of its committees to hold public hearings on any matters within the juris- 20 diction of the council. 21 (3) The council shall establish and maintain a legislative reference 22 library. 23 (4) For the purpose of conducting any study within the jurisdiction of 24 the council, by resolution adopted by the affirmative vote of two-thirds (2/3) 25 of the entire membership of the council, the chairman of the council may sub- 26 poena witnesses, compel their attendance, take evidence and require the pro- 27 duction of any books, papers, correspondence or other documents or records 28 which the council deems relevant or material to any matter on which the coun- 29 cil or any committee is conducting a study. 30 (5) It shall be the duty of the council to superintend and administer the 31 legislative space in the capitol building at all times, and to prepare such 32 space when required for the sessions of the legislature, which shall include 33 the provision of furniture and equipment. 34 (6) The legislative council shall review and make recommendations to 35 thepersonnel commissionadministrator of the division of 36 human resources on all aspects of the state personnel 37 system, including policies, wages and salaries. 38 (7) The council has authority to appoint committees and hire staff or 39 contract for services to implement the provisions of this section. In addition 40 to the duties provided above, the council has authority to: 41 (a) Provide the legislature with research and analysis of current and 42 projected state revenue, state expenditure and state tax expenditures; 43 (b) Provide the legislature with a report analyzing the governor's pro- 44 posed levels of revenue and expenditures for budgets and supplemental bud- 45 get requests submitted to the legislature; 46 (c) Provide an analysis of the impact of the governor's proposed revenue 47 and expenditure plans for the next fiscal year; 48 (d) Conduct research on matters of economic and fiscal policy and report 49 to the legislature on the result of the research; 50 (e) Provide economic reports and studies on the state of the state's 51 economy including trends and forecasts for consideration by the legisla- 52 ture; 53 (f) Conduct budget and tax studies and provide general fiscal and budget- 21 1 ary information; 2 (g) Review and make recommendations on the operation of state programs in 3 order to appraise the implementation of state laws regarding the expendi- 4 ture of funds and to recommend means of improving their efficiency; 5 (h) Recommend to the legislature changes in the mix of revenue sources 6 for programs, in the percentage of state expenditures devoted to major 7 programs, and in the role of the legislature in overseeing state govern- 8 ment expenditures and revenue projections; 9 (i) Make a continuing study and investigation of the building needs of 10 the government of the state of Idaho, including, but not limited to, the 11 following: the current and future requirements of new buildings, the 12 maintenance of existing buildings, rehabilitating and remodeling of old 13 buildings, the planning of administrative offices, and exploring the meth- 14 ods of financing building and related costs; and 15 (j) Conduct a study of state-local finance, analyzing and making recom- 16 mendations to the legislature on issues including levels of state support 17 for political subdivisions, basic levels of local need, balances of local 18 revenues and options, relationship of local taxes to individuals' ability 19 to pay and financial reporting by political subdivisions. 20 (8) In performing its duties under subsection (7) of this section, the 21 council and its employees may consider, among other things: 22 (a) The relative dependence on state tax revenues, federal funds and user 23 fees to support state-funded programs, and whether the existing mix of 24 revenue sources is appropriate given the purpose of the programs; 25 (b) The relative percentages of state expenditures that are devoted to 26 major programs such as education, assistance to local government, aid to 27 individuals, state agencies and institutions and debt service; and 28 (c) The role of the legislature in overseeing state government expendi- 29 tures, including legislative appropriation of money from the general 30 account, legislative appropriation of money from funds other than the gen- 31 eral account, state agency receipt of money into revolving and other dedi- 32 cated funds and expenditure of money from these funds and state agency 33 expenditure of federal funds. 34 (9) The council's recommendations shall consider the long-term needs of 35 the state. The recommendations must not duplicate work done by standing com- 36 mittees of the senate and house of representatives. 37 (10) The council may, after consultation with the governor and with the 38 chairs of the standing committees of the legislature, select mandates and 39 state programs for review. When selecting mandates, state aids or state pro- 40 grams to be reviewed, the council may consider those that involve payments to 41 local units of government. Staff from affected agencies, staff from the divi- 42 sion of financial management and legislative staff shall participate in the 43 reviews. 44 (11) The following state aids and associated state mandates may be 45 reviewed: 46 (a) Local government aid, ad valorem property tax credits, tax increment 47 financing and fiscal disparities; 48 (b) Human service aids; 49 (c) Educational support dollars utilized for school district general 50 fund aids, school district capital expenditure fund aids, and school dis- 51 trict debt service fund aids; 52 (d) General government aids including natural resource aids, environmen- 53 tal protection aids, transportation aids, economic development aids and 54 general infrastructure aids. 55 (12) At the direction of the council, the reviews of state aids and state 22 1 mandates involving state financing of local government activities listed in 2 subsection (11) of this section may include: 3 (a) The employment status, wages and benefits of persons employed in 4 administering the programs; 5 (b) The desirable applicability of state procedural laws or rules; 6 (c) Methods for increasing political subdivision options in providing 7 their share, if any, of program costs; 8 (d) Desirable redistributions of funding responsibilities for the program 9 and the time period during which any recommended funding distribution 10 should occur; 11 (e) Opportunities for reducing program mandates and giving political sub- 12 divisions more flexibility in meeting program needs; 13 (f) Comparability of treatment of similar units of government; 14 (g) The effect of the state aid or mandate on the distribution of tax 15 burdens among individuals based upon ability to pay; 16 (h) Coordination of the payment or allocation formula with other state 17 aid programs; 18 (i) Incentives that have been created for local spending decisions, and 19 whether the incentives should be changed; 20 (j) Ways in which political subdivisions have changed their revenue- 21 raising behavior since receiving these grants; 22 (k) An assessment of the accountability of all government agencies that 23 participate in the administration of the program. 24 (13) The legislative council may provide for a complete audit of any and 25 every fund in the state treasury and other state moneys at least once in every 26 two (2) fiscal years, and commencing for fiscal year 1995 and each year there- 27 after shall provide for an annual statewide financial audit of the statewide 28 annual financial report prepared by the state controller, and is hereby autho- 29 rized: 30 (a) To supervise and examine the accounts and expenditures of the several 31 departments and public institutions of the state and to prescribe rules 32and regulationsnecessary to assure the adequacy and 33 timeliness of all audits performed for or on behalf of all political sub- 34 divisions thereof; 35 (b) To inspect securities held by the several departments and public 36 institutions of the state and the political subdivisions thereof; 37 (c) To examine, at any and all times, the accounts of every private cor- 38 poration, institution, association, or board receiving appropriations from 39 the legislature or contracting for health and welfare services with the 40 state of Idaho; 41 (d) To demand and receive reports from the state treasurer, state con- 42 troller, director of the department of finance, and any other officer or 43 agency, and from the several state depositories; 44 (e) To publish, from time to time, for the information of the several 45 departments and of the general public, bulletins of the works of govern- 46 ment; 47 (f) To be the official depository of all audits of the several depart- 48 ments and public institutions of the state and its political subdivisions; 49 the filing of an audit with the official depository shall satisfy all 50 requirements for the filing of an audit with the state, any other provi- 51 sion of law notwithstanding; 52 (g) To review or have reviewed the work papers or other documentation 53 utilized in the audit of a state department or public institution of the 54 state and its political subdivisions, and to reject for filing in the 55 official depository any report based upon unsatisfactory work papers or 23 1 inadequately supported documentation; 2 (h) To review and approve the terms and conditions or other statement of 3 services to be provided on any or all contracts or agreements by state 4 government agencies for audits or audit type services; and 5 (i) To report to the attorney general, for such action, civil or crimi- 6 nal, as the attorney general may deem necessary, all facts showing illegal 7 expenditure of the public money or misappropriation of the public money or 8 misappropriation of the public property. The governor and state control- 9 ler shall also be notified when the report is made to the attorney general 10 pursuant to this subsection. 11 All reports, findings and audits of the legislative council pursuant to 12 this subsection shall be submitted to the legislature and to the governor. 13 SECTION 19. That Section 67-1911, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-1911. FINANCIAL MANAGEMENT TECHNICAL DEVELOPMENT COMMITTEE. Because 16 accounting, budgeting and financial information programs and policies are 17 vital to the affairs of the legislative as well as the executive branch, there 18 is hereby created a financial management technical development committee con- 19 sisting of the officers listed below, which committee shall meet not less 20 often than quarterly on the call of the chairman, to review financial informa- 21 tion programs and policies and disapprove such programs or policies by a 22 majority vote if deemed appropriate. The members of the committee shall be the 23 administrator of the division of financial management who shall be chairman, 24 the director of the department of state information systems, thedirec-25tor of the personnel commissionadministrator of the division of 26 human resources ,the director of the legislative budget office,27and the director of the legislativecouncilservices 28 office , all of whom shall be voting members, and the legislative29auditor, whose role shall be advisory. 30 SECTION 20. That Section 67-4126, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-4126. POWERS AND DUTIES OF BOARD. The board of trustees of the society 33 shall have powers and duties as follows: 34 1. To appoint a director of the society as provided herein and advise him 35 in the performance of his duties and formulate general policies affecting the 36 society. 37 2. To encourage and promote interest in the history of Idaho and encour- 38 age membership in the society. 39 3. To collect for preservation and display artifacts and information 40 illustrative of Idaho history, culture and society. 41 4. To print such publications and reports as may be deemed necessary. 42 5. To encourage creation of county historical societies and museums in 43 the counties of Idaho. 44 6. To facilitate the use of Idaho records for official reference and his- 45 torical research. 46 7. To accept from any state, county, or city, or any public official, any 47 official books, records, documents, original papers, newspaper files, printed 48 books, or portraits, not in current use. When such documents are so accepted, 49 copies therefrom shall be made and certified under the seal of the society 50 upon application of any person, which person shall pay for such copies reason- 51 able fees established by the society. 24 1 8. To require that any state, county, or city, or any public official, 2 deposit official books, records, documents, or original papers, not in current 3 use, which are of definite historical importance, in the society for preserva- 4 tion and to provide methods whereby such materials, which have no signifi- 5 cance, may be destroyed. 6 9. To establish such rulesand regulationsas may be neces- 7 sary to discharge the duties of the society. 8 10. To employ such personnel as may be necessary for the administration of 9 its duties in accordance with thestandards prescribed by10 rules of thepersonnel commissionadministrator of 11 the division of human resources promulgated pursuant to chapter 52, title 67, 12 Idaho Code . 13 11. To have and use an official seal. 14 12. To delegate and provide subdelegation of any such authority. 15 13. To identify historic, architectural, archaeological, and cultural 16 sites, buildings, or districts, and to coordinate activities of local historic 17 preservation commissions. 18 14. To serve as the geographic names board of the state of Idaho. 19 SECTION 21. That Section 22-4113, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 22-4113. LIMITATIONS OF PROVISIONS. The provisions of this act shall not 22 apply to employees of the federal government nor employees of the state or 23 political subdivisions of the state. Employees of the board and the board mem- 24 bers shall not come under the provisions ofthe Idaho personnel commis-25sionchapter 53, title 67, Idaho Code . 26 SECTION 22. That Section 36-106, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 29 Created. The commission shall appoint a director of the department of fish and 30 game, hereinafter referred to as the director, who shall be a person with 31 knowledge of, and experience in, the requirements for the protection, conser- 32 vation, restoration, and management of the wildlife resources of the state. 33 The director shall not hold any other public office, nor any office in any 34 political party organization, and shall devote his entire time to the service 35 of the state in the discharge of his official duties, under the direction of 36 the commission. 37 (b) Secretary to Commission. The director or his designee shall serve as 38 secretary to the commission. 39 (c) Compensation and Expenses. The director shall receive such compensa- 40 tion as the commission, with the concurrence and approval of the governor, may 41 determine and shall be reimbursed at the rate provided by law for state 42 employees for all actual and necessary traveling and other expenses incurred 43 by him in the discharge of his official duties. 44 (d) Oath and Bond. Before entering upon the duties of his office, the 45 director shall take and subscribe to the official oath of office, as provided 46 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 47 affirm that he holds no other public office, nor any position under any polit- 48 ical committee or party. Such oath, or affirmation, shall be signed in the 49 office of the secretary of state. 50 The director shall be bonded to the state of Idaho in the time, form and 51 manner prescribed by chapter 8, title 59, Idaho Code. 25 1 (e) Duties and Powers of Director. 2 1. The director shall have general supervision and control of all activi- 3 ties, functions, and employees of the department of fish and game, under 4 the supervision and direction of the commission, and shall enforce all the 5 provisions of the laws of the state, and rules and proclamations of the 6 commission relating to wild animals, birds, and fish and, further, shall 7 perform all the duties prescribed by section 67-2405, Idaho Code, and 8 other laws of the state not inconsistent with this act, and shall exercise 9 all necessary powers incident thereto not specifically conferred on the 10 commission. 11 2. The director is hereby authorized to appoint as many classified 12 employees as the commission may deem necessary to perform administrative 13 duties, to enforce the laws and to properly implement management, propaga- 14 tion, and protection programs established for carrying out the purposes of 15 the Idaho fish and game code. 16 3. The appointment of such employees shall be made by the director in 17 accordance withthe Idaho personnel commission act18 chapter 53, title 67, Idaho Code, and rules promulgated pursuant 19to chapter 53, title 67, Idaho Codethereto , and 20 they shall be compensated as provided therein. Said employees shall be 21 bonded to the state of Idaho in the time, form, and manner prescribed by 22 chapter 8, title 59, Idaho Code. 23 4. The director is hereby authorized to establish and maintain fish 24 hatcheries for the purpose of hatching, propagating, and distributing all 25 kinds of fish. 26 5. (A) The director, or any person appointed by him in writing to do 27 so, may take wildlife of any kind, dead or alive, or import the same, 28 subject to such conditions, restrictions andregulations29 rules as he may provide, for the purpose of inspection, 30 cultivation, propagation, distribution, scientific or other purposes 31 deemed by him to be of interest to the fish and game resource of the 32 state. 33 (B) The director shall have supervision over all of the matters per- 34 taining to the inspection, cultivation, propagation and distribution 35 of the wildlife propagated under the provisions of title 36, Idaho 36 Code. He shall also have the power and authority to obtain, by pur- 37 chase or otherwise, wildlife of any kind or variety which he may deem 38 most suitable for distribution in the state and may have the same 39 properly cared for and distributed throughout the state of Idaho as 40 he may deem necessary. 41 (C) The director is hereby authorized to issue a license/tag/permit 42 to a nonresident landowner who resides in a contiguous state for the 43 purpose of taking one (1) animal during an emergency depredation hunt 44 which includes the landowner's Idaho property subject to such condi- 45 tions, restrictions orregulationsrules as 46 the director may provide. The fee for this license/tag/permit shall 47 be equal to the costs of a resident hunting license, a resident tag 48 fee and a resident depredation permit. 49 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 50 the contrary, on and after the effective date of this act, the direc- 51 tor shall not expend any funds, or take any action, or authorize any 52 employee or agent of the department or other person to take any 53 action, to undertake actual transplants of bighorn sheep into areas 54 they do not now inhabit or to augment the number of bighorn sheep in 55 existing herds until: 26 1 (i) The boards of county commissioners of the counties in 2 which the release is proposed to take place have been given rea- 3 sonable notice of the proposed release. 4 (ii) The affected federal and state land grazing permittees and 5 owners or leaseholders of private land in or contiguous to the 6 proposed release site have been given reasonable notice of the 7 proposed release. 8 (iii) The president pro tempore of the senate and the speaker of 9 the house of representatives have received from the director a 10 plan for the forthcoming year that details, to the best of the 11 department's ability, the proposed transplants which shall 12 include the estimated numbers of bighorn sheep to be trans- 13 planted and a description of the areas the proposed transplant 14 or transplants are planned for. 15 Upon request, the department shall grant one (1) hearing per 16 transplant if any affected individual or entity expresses written 17 concern within ten (10) days of notification regarding any trans- 18 plants of bighorn sheep and shall take into consideration these con- 19 cerns in approving, modifying or canceling any proposed bighorn sheep 20 transplant. Any such hearing shall be held within thirty (30) days of 21 the request. Upon any transplant of bighorn sheep into areas they do 22 not now inhabit or a transplant to augment existing populations, the 23 department shall provide for any affected federal or state land graz- 24 ing permittees or owners or leaseholders of private land a written 25 letter signed by all federal, state and private entities responsible 26 for the transplant stating that the existing sheep or livestock oper- 27 ations in the area of any such bighorn sheep transplant are recog- 28 nized and that the potential risk, if any, of disease transmission 29 and loss of bighorn sheep when the same invade domestic livestock or 30 sheep operations is accepted. 31 6. (A) The director shall have the power, at any time when it is 32 desired to introduce any new species, or if at any time any species 33 of wildlife of the state of Idaho shall be threatened with excessive 34 shooting, trapping, or angling or otherwise, to close any open season 35 for such time as he may designate; in the event an emergency is 36 declared to exist such closure shall become effective forthwith upon 37 written order of the director; in all other cases upon publication 38 and posting as provided in section 36-105, Idaho Code. 39 (B) In order to protect property from damage by wildlife, the fish 40 and game commission may delegate to the director or his designee the 41 authority to declare an open season upon that particular species of 42 wildlife to reduce its population. The director or his designee shall 43 make an order embodying his findings in respect to when, under what 44 circumstances, in which localities, by what means, and in what 45 amounts, numbers and sex the wildlife subject to the hunt may be 46 taken. In the event an emergency is declared to exist such open sea- 47 son shall become effective forthwith upon written order of the direc- 48 tor or his designee; in all other cases upon publication and posting 49 as provided in section 36-105, Idaho Code. 50 (C) Any order issued under authority hereof shall be published in at 51 least one (1) newspaper of general circulation in the area affected 52 by the order for at least once a week for two (2) consecutive weeks, 53 and such order shall be posted in public places in each county as the 54 director may direct. 55 (D) During the closure of any open season or the opening of any spe- 27 1 cial depredation season by the director all provisions of laws relat- 2 ing to the closed season or the special depredation season on such 3 wildlife shall be in force and whoever violates any of the provisions 4 shall be subject to the penalties prescribed therefor. 5 (E) Prior to the opening of any special depredation hunt, the direc- 6 tor or his designee shall be authorized to provide up to a maximum of 7 fifty percent (50%) of the available permits for such big game to the 8 landholder(s) of privately owned land within the hunt area or his 9 designees. If the landholder(s) chooses to designate hunters, he must 10 provide a written list of the names of designated individuals to the 11 department. If the landholder(s) fails to designate licensed hunt- 12 ers, then the department will issue the total available permits in 13 the manner set by rule. All hunters must have a current hunting 14 license and shall have equal access to both public and private lands 15 within the hunt boundaries. It shall be unlawful for any 16 landholder(s) to receive any form of compensation from a person who 17 obtains or uses a depredation controlled hunt permit. 18 7. The director shall make an annual report to the governor, the legisla- 19 ture, and the secretary of state, of the doings and conditions of his 20 office, which report shall be made in accordance with section 67-2509, 21 Idaho Code. 22 8. The director may sell or cause to be sold publications and materials 23 in accordance with section 59-1012, Idaho Code. 24 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 25 transported by the department of fish and game shall be tested for the 26 presence of certain communicable diseases that can be transmitted to 27 domestic livestock. Those communicable diseases to be tested for shall be 28 arrived at by mutual agreement between the department of fish and game and 29 the department of agriculture. Any moneys expended by the department of 30 fish and game on wildlife disease research shall be mutually agreed upon 31 by the department of fish and game and the department of agriculture. 32 In addition, a comprehensive animal health program for all deer, elk, 33 antelope, moose, bighorn sheep, or bison imported into, transported, or 34 resident within the state of Idaho shall be implemented after said program 35 is mutually agreed upon by the department of fish and game and the depart- 36 ment of agriculture. 37 In order to enhance and protect the health of wildlife within the 38 state, as well as safeguard the health of livestock resources, the direc- 39 tor of the department of agriculture shall employ at least one (1) veteri- 40 narian licensed in Idaho whose duties shall include, but not be limited 41 to, addressing wildlife disease issues and coordinating disease prevention 42 work between the department of fish and game and the department of agri- 43 culture. The employing of said veterinarian shall be by mutual agreement 44 of the director of the department of fish and game and of the director of 45 the department of agriculture. The veterinarian shall be on the staff of 46 the division of animal industries, department of agriculture. The salary 47 or compensation to be paid said veterinarian or veterinarians shall be 48 divided equally between the department of fish and game and the department 49 of agriculture, and the department of fish and game's portion shall be 50 deposited directly into the livestock disease control account. The veteri- 51 narian shall be employed on and after July 1, 1989. 52 10. In order to monitor and evaluate the disease status of wildlife and to 53 protect Idaho's livestock resources, any suspicion by fish and game per- 54 sonnel of a potential communicable disease process in wildlife shall be 55 reported within twenty-four (24) hours to the department of agriculture. 28 1 All samples collected for disease monitoring or disease evaluation of 2 wildlife shall be submitted to the division of animal industries, depart- 3 ment of agriculture. 4 11. (A) The director is authorized to enter into an agreement with an 5 independent contractor for the purpose of providing a telephone order 6 and credit card payment service for controlled hunt permits, 7 licenses, tags, and permits. 8 (B) The contractor may collect a fee for its service in an amount to 9 be set by contract. 10 (C) All moneys collected for the telephone orders of such licenses, 11 tags, and permits shall be and remain the property of the state, and 12 such moneys shall be directly deposited by the contractor into the 13 state treasurer's account in accordance with the provisions of sec- 14 tion 59-1014, Idaho Code. The contractor shall furnish a good and 15 sufficient surety bond to the state of Idaho in an amount sufficient 16 to cover the amount of the telephone orders and potential refunds. 17 (D) The refund of moneys for unsuccessful controlled hunt permit 18 applications and licenses, tags, and permits approved by the depart- 19 ment may be made by the contractor crediting the applicant's or 20 licensee's credit card account. 21 SECTION 23. That Section 36-202, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 36-202. DEFINITIONS. Whenever the following words appear in title 36, 24 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 25 mission or the director of the Idaho department of fish and game, they shall 26 be deemed to have the same meaning and terms of reference as hereinafter set 27 forth. The present tense includes the past and future tenses, and the future, 28 the present. 29 (a) "Title" means all of the fish and game laws and rules promulgated 30 pursuant thereto. 31 (b) "Commission" means the Idaho fish and game commission. "Commissioner" 32 means a member of the Idaho fish and game commission. 33 (c) "Department" means the Idaho department of fish and game. 34 (d) "Director" means the director of the Idaho department of fish and 35 game or any person authorized to act in his name. 36 (e) "Employee" means any employee of the Idaho department of fish and 37 game whose salary is paid entirely or in part by funds administered by the 38 Idaho fish and game commission and whose appointment is made in accordance 39 withthe Idaho personnel commission actchapter 53, title 40 67, Idaho Code, and related rules. 41 (f) "Person" means an individual, partnership, corporation, company, or 42 any other type of association, and any agent or officer of any partnership, 43 corporation, company, or other type of association. The masculine gender 44 includes the feminine and the neuter. The singular, the plural, and the plu- 45 ral, the singular. 46 (g) "Wildlife" means any form of animal life, native or exotic, generally 47 living in a state of nature. 48 (h) "Trophy big game animal" shall mean any big game animal deemed a tro- 49 phy as per Boone and Crockett standards. For the purpose of this section, the 50 highest of the typical or nontypical scores shall be used, described as fol- 51 lows: 52 1. Mule deer: any buck scoring over one hundred fifty (150) points; 53 2. White-tailed deer: any buck scoring over one hundred thirty (130) 29 1 points; 2 3. Elk: any bull scoring over three hundred (300) points; 3 4. Bighorn sheep: any ram; 4 5. Moose: any bull; 5 6. Mountain goat: any male or female; 6 7. Pronghorn antelope: any buck with at least one (1) horn exceeding 7 fourteen (14) inches; 8 8. Caribou: any male or female. 9 (i) "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap, 10 kill, or possess or any attempt to so do. 11 (j) "Hunting" means chasing, driving, flushing, attracting, pursuing, 12 worrying, following after or on the trail of, shooting at, stalking, or lying 13 in wait for, any wildlife whether or not such wildlife is then or subsequently 14 captured, killed, taken, or wounded. Such term does not include stalking, 15 attracting, searching for, or lying in wait for, any wildlife by an unarmed 16 person solely for the purpose of watching wildlife or taking pictures thereof. 17 (k) "Fishing" means any effort made to take, kill, injure, capture, or 18 catch any fish or bullfrog. 19 (l) "Trapping" means taking, killing, and capturing wildlife by the use 20 of any trap, snare, deadfall, or other device commonly used to capture wild- 21 life, and the shooting or killing of wildlife lawfully trapped, and includes 22 all lesser acts such as placing, setting or staking such traps, snares, 23 deadfalls, and other devices, whether or not such acts result in the taking of 24 wildlife, and every attempt to take and every act of assistance to any other 25 person in taking or attempting to take wildlife with traps, snares, deadfalls, 26 or other devices. 27 (m) "Possession" means both actual and constructive possession, and any 28 control of the object or objects referred to; provided that wildlife taken 29 accidentally and in a manner not contrary to the provisions of this title 30 shall not be deemed to be in possession while being immediately released live 31 back to the wild. 32 (n) "Possession limit" means the maximum limit in number or amount of 33 wildlife which may be lawfully in the possession of any person. "Possession 34 limit" shall apply to wildlife being in possession while in the field or being 35 transported to final place of consumption or storage. 36 (o) "Bag limit" means the maximum number of wildlife which may be legally 37 taken, caught, or killed by any one (1) person for any particular period of 38 time, as provided by order of the commission. The term "bag limit" shall be 39 construed to mean an individual, independent effort and shall not be inter- 40 preted in any manner as to allow one (1) individual to take more than his "bag 41 limit" toward filling the "bag limit" of another. 42 (p) "Buy" means to purchase, barter, exchange, or trade and includes any 43 offer or attempt to purchase, barter, exchange, or trade. 44 (q) "Sell" means to offer or possess for sale, barter, exchange, or 45 trade, or the act of selling, bartering, exchanging or trading. 46 (r) "Transport" means to carry or convey or cause to be carried or con- 47 veyed from one (1) place to another and includes an offer to transport, or 48 receipt or possession for transportation. 49 (s) "Resident" means any person who has been domiciled in this state, 50 with a bona fide intent to make this his place of permanent abode, for a 51 period of not less than six (6) months immediately preceding the date of 52 application for any license, tag, or permit required under the provisions of 53 this title or orders of the commission and who, when temporarily absent from 54 this state, continues residency with intent to return, and who does not claim 55 any resident privileges in any other state or country for any purpose. Such 30 1 privileges include, but are not limited to: state where valid driver's license 2 is issued; state of voter registration; state where resident state income 3 taxes are filed; state where homeowner's tax exemption is granted. Provided 4 that, until any such person has been continuously domiciled outside the state 5 of Idaho for a sufficient period of time to qualify for resident hunting and 6 fishing privileges in his new state of residence, said person shall be deemed 7 not to have lost his residency in Idaho for the purposes of this title. How- 8 ever, mere ownership of real property or payment of property taxes in Idaho 9 does not establish residency. Provided further that: 10 1. Idaho residents shall not lose their residency in Idaho if they are 11 absent from the state for religious (not to exceed two (2) years) or full- 12 time educational (not to exceed five (5) years) purposes, full-time to be 13 defined by the educational institution attended, and do not claim resi- 14 dency or use resident privileges in any other state or country for any 15 purpose. 16 2. Idaho residents who are in the military service of the United States 17 and maintain Idaho as their official state of residence as shown on their 18 current leave and earnings statement, together with their spouse and chil- 19 dren under eighteen (18) years of age living in the household, shall be 20 eligible for the purchase of resident licenses. 21 3. A member of the military service of the United States or of a foreign 22 country, together with his spouse and children under eighteen (18) years 23 of age residing in his household, who have been officially transferred, 24 stationed, domiciled and on active duty in this state for a period of 25 thirty (30) days last preceding application shall be eligible, as long as 26 such assignment continues, to purchase a resident license. A member of the 27 state national guard or air national guard, domiciled in this state for a 28 period of thirty (30) days last preceding application shall be eligible, 29 as long as such residency continues, to purchase a resident license. 30 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 31 be eligible, as long as he is so enrolled, to obtain a resident fishing 32 license irrespective of his length of residence in this state. 33 5. Any foreign exchange student enrolled in an Idaho high school shall be 34 eligible, as long as he is so enrolled, to obtain a resident fishing 35 license irrespective of his length of residence in this state. 36 (t) "Senior resident" means any person who is over sixty-five (65) years 37 of age and who has been a resident of the state of Idaho as hereinbefore pro- 38 vided for not less than five (5) years. 39 (u) "Nonresident" means any person who does not qualify as a resident. 40 (v) "Order, rule, regulation and proclamation" are all used interchange- 41 ably and each includes the others. 42 (w) "Blindness" means sight that does not exceed 20/200 as provided by 43 the administrative guidelines of section 56-213, Idaho Code. 44 (x) "Public highway" means the traveled portion of, and the shoulders on 45 each side of, any road maintained by any governmental entity for public 46 travel, and includes all bridges, culverts, overpasses, fills, and other 47 structures within the limits of the right-of-way of any such road. 48 (y) "Motorized vehicle" means any water, land or air vehicle propelled by 49 means of steam, petroleum products, electricity, or any other mechanical 50 power. 51 (z) "Commercial fish hatchery" means any hatchery, pond, lake or stream 52 or any other waters where fish are held, raised, or produced for sale but 53 shall not include facilities used for the propagation of fish commonly consid- 54 ered as ornamental or aquarium varieties. 55 (aa) "License" means any license, tag, permit or stamp. 31 1 (bb) "License vendor" means any person authorized to issue or sell 2 licenses. 3 (bbcc ) "Proclamation" shall mean the action by 4 the commission and publication of the pertinent information as it relates to 5 the seasons and limits for taking wildlife. 6 SECTION 24. That Section 57-727, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 57-727. STAFF INVESTMENT MANAGER -- STAFF -- LEGAL ADVISORS. (1) With the 9 approval of two-thirds (2/3) of the members of the board, a staff investment 10 manager and assistant staff investment manager(s) may be employed who shall 11 perform such managerial activities and functions as the board may direct. The 12 staff investment manager and assistant staff investment manager(s) shall serve 13 at the pleasure of the board in nonclassified positions. The staff investment 14 manager and assistant staff investment manager(s) shall be employed by the 15 board. The salary of the staff investment manager and assistant staff invest- 16 ment manager(s) shall be set by the board, subject to approval of the gover- 17 nor, and be paid from appropriations made therefor. The staff investment man- 18 ager and assistant staff investment manager(s) shall be bonded in an amount 19 established by the board. 20 (2) The board may authorize the employment of whatever staff it deems 21 necessary for the administration of the board's business. The staff investment 22 manager shall hire such authorized additional staff who shall hold their 23 respective positions subject to the rules of theIdaho personnel commis-24sionadministrator of the division of human resources promulgated 25 pursuant to chapter 52, title 67, Idaho Code . The salaries of all staff 26 members shall be paid from appropriations made therefor. 27 (3) The director of the department of finance shall have access to any 28 and all books and records maintained by the staff investment manager and his 29 staff as the board may deem necessary. 30 (4) The board shall be furnished adequate and qualified legal advisors by 31 the attorney general's office. 32 (5) All current expenses, capital outlay, and travel expenses shall be 33 paid from appropriations made therefor. 34 (6) The board shall, upon request of the agency involved, furnish advice 35 to the treasurer, the manager of the state insurance fund, and the public 36 employees retirement board, and the board may, upon request of the agency, 37 invest funds of the requesting agency. 38 SECTION 25. That Section 59-1303, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in 41 this chapter, each of the terms defined in this section shall have the meaning 42 given in this section unless a different meaning is clearly required by the 43 context. 44 (2) Police officer membership status for retirement purposes may be fixed 45 only by law, or by order of the retirement board. 46 (3) Members holding or filling the following positions or offices are 47 designated by law as police officer members for retirement purposes during the 48 time of their appointment to that position or during their term of office: 49 (a) (i) The director and deputy director of the department of law 50 enforcement, the administrator of the Idaho state police division and 51 the assistant director of the police services division. 32 1 (ii) Commissioned personnel of the state police division, police 2 services division and alcohol beverage control division holding posi- 3 tions which involve active law enforcement services, for which cur- 4 rent POST certification is required to continue in employment in the 5 position, POST instructors, and department of law enforcement train- 6 ing instructors. 7 (iii) Brand inspectors and brand inspector supervisors. 8 (iv) Employees of the department of law enforcement serving in posi- 9 tions of personnel management, accounting, data processing, clerical 10 services and in like general classifications found in departments 11 throughout state government and not within the scope of active law 12 enforcement service are not eligible for police officer member sta- 13 tus. 14 (b) (i) County sheriffs; 15 (ii) Deputy county sheriffs holding positions for which current POST 16 certification is necessary to continue in employment in the position, 17 the principal duties of which are active law enforcement service; 18 deputy county sheriffs holding positions which require accountability 19 for the safety and safekeeping of persons confined in a city or 20 county confinement facility or whose duties require active participa- 21 tion in county law enforcement activities pertaining to crime preven- 22 tion or reduction; deputy sheriffs, even though POST certified or 23 required to be POST certified, holding positions whose principal 24 full-time duties are those of a telephone operator, clerk, stenogra- 25 pher, animal control officer, records specialist, or duties not 26 within the scope of active law enforcement service are not eligible 27 for police officer member status. 28 (c) (i) City police chiefs; 29 (ii) City police officers holding positions for which current POST 30 certification is necessary to continue in employment in the position, 31 the principal duties of which are active law enforcement service; 32 city police officers holding positions which require accountability 33 for the safety and safekeeping of persons confined in a city or 34 county confinement facility or whose duties require active participa- 35 tion in city law enforcement activities pertaining to crime preven- 36 tion or reduction; police officers, even though POST certified or 37 required to be POST certified, holding positions whose principal 38 full-time duties are those of a telephone operator, clerk, stenogra- 39 pher, animal control officer, records specialist, or duties not 40 within the scope of active law enforcement service are not eligible 41 for police officer member status. 42 (d) Employees of the department of fish and game serving in a conserva- 43 tion officer position for which current POST certification is necessary to 44 continue in employment in that position and which position has as its pri- 45 mary accountability the enforcement of wildlife protection laws and regu- 46 lations. 47 (e) (i) The director of the department of correction, the deputy direc- 48 tor for probation and parole, and wardens of institutions; 49 (ii) Employees of the department of correction accountable for the 50 custody, safety, safekeeping or supervision of persons confined in a 51 department confinement facility and whose work station is located 52 within the confinement facility; 53 (iii) Probation and parole supervisors, probation and parole investi- 54 gators, and probation and parole officers; 55 (iv) Correctional peace officer training instructors; 33 1 (v) Employees of the department of correction serving in positions 2 of personnel management, accounting, data processing, clerical ser- 3 vices and in like general classifications found in departments 4 throughout state government and not within the scope of active law 5 enforcement service are not eligible for police officer member sta- 6 tus. 7 (f) Employees of the adjutant general and military division of the state 8 where military membership is a condition of employment. 9 (g) Magistrates of the district court; justices of the supreme court, 10 judges of the court of appeals, and district judges who have made an elec- 11 tion under section 1-2011, Idaho Code; and court employees designated by 12 court order to have primary responsibility for court security or transpor- 13 tation of prisoners. 14 (h) Paramedics and paramedic trainees. 15 (i) Criminal investigators of the attorney general's office, and criminal 16 investigators of a prosecuting attorney's office. 17 (j) The director of security and the criminal investigators of the Idaho 18 state lottery. 19 (4) A member may be designated by the retirement board as a police offi- 20 cer member for retirement purposes if the position held is one in which the 21 principal duties involve hazardous law enforcement duties. 22 (a) For purposes of this section, "hazardous law enforcement duties" 23 means principal duties which: 24 (i) Will reasonably expect to increase the probability of early 25 superannuation; 26 (ii) Is associated with life-threatening risk or presents a position 27 of peril either to the member or to others, or which can place the 28 public safety in jeopardy; and 29 (iii) Either compels others to observe the law, pertains to crime 30 prevention, or pertains to crime reduction, including police, courts, 31 prosecution, correction, or rehabilitation. 32 (b) If continued employment in a position is conditioned on maintaining 33 current POST certification, such condition shall be evidence to be consid- 34 ered that the employee is a police officer member for retirement purposes. 35 (i) After July 1, 198599 , a requirement 36 for POST certification for classified state employees may be made 37 only by thepersonnel commissionadministrator of 38 the division of human resources pursuant to chapter 53, title 67, 39 Idaho Code . 40 (c) Occasional assignments to hazardous law enforcement duties do not 41 create a condition for designation as a police officer member for retire- 42 ment purposes. 43 (5) Any employer or agency that believes that any employee, not specifi- 44 cally designated as a police officer by law, is incorrectly classified as a 45 nonpolice officer member, may petition the retirement board for inclusion of 46 that employee's position as one to be filled by a police officer member for 47 retirement purposes. The petition shall be in writing and shall explain in 48 detail the principal duties of the position and include written evidence which 49 establishes that the criteria of subsection (4) are met. The board shall 50 review the petition and evidence, together with such information and evidence 51 as may be presented by the staff of the retirement system. The board may 52 decide the matter based upon the information supplied, may request additional 53 information, or may request an oral presentation before the board. The deci- 54 sion of the board shall be final, but a similar petition may be resubmitted 55 after six (6) months. 34 1 (6) On and after July 1, 1985, no active member shall be classified as a 2 police officer for retirement purposes unless the employer shall have certi- 3 fied to the board, on a form provided by the board, that such member is an 4 employee whose primary position with the employer is one designated as such 5 within the meaning of this chapter, and the board shall have accepted such 6 certification. Acceptance by the board of an employer's certification shall in 7 no way limit the board's right to review and reclassify the position for 8 retirement purposes based upon an audit or other relevant information pre- 9 sented to the board. 10 (7) An active member classified as a police officer for retirement pur- 11 poses whose position is reclassified to that of a general member for retire- 12 ment purposes as a result of a determination that the position does not meet 13 the requirements of this chapter for police officer status for retirement pur- 14 poses shall become a general member but shall not lose retirement benefits 15 earned and accrued prior to the reclassification. If that member continues to 16 be employed in that same position until retired, that member then will be 17 deemed to be a police officer member for the purposes of retirement eligibil- 18 ity. 19 SECTION 26. That Section 59-1603, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 59-1603. CONFORMITY WITH CLASSIFIED POSITIONS. (1) To the extent possi- 22 ble, each nonclassified position in the executive department will be paid a 23 salary or wage comparable to classified positions with similar duties, respon- 24 sibilities, training, experience and other qualifications. Temporary employees 25 and agricultural inspectors referred to in subsections (n) and (p) of section 26 67-5303, Idaho Code, shall not be entitled to sick leave accruals provided in 27 section 59-1605, Idaho Code, vacation leave provided in section 59-1606, Idaho 28 Code, nor holiday pay defined in subsection (1214 ) 29 of section 67-5302, Idaho Code, unless contributions are being made to the 30 public employeesretirement system in accordance with chapter 13, 31 title 59, Idaho Code, and rules promulgated by the retirement board. Vacation 32 and sick leave accruals, but not holiday pay, shall be awarded retroactively, 33 if necessary, to the date such employees become eligible for retirement system 34 membership. 35 (2) To the extent possible, each nonclassified position in the legisla- 36 tive department will be paid a salary or wage comparable to classified posi- 37 tions with similar duties, responsibilities, training, experience and other 38 qualifications. 39 (3) The supreme court shall determine the schedules of salary and compen- 40 sation for all officers and employees of the judicial department which are not 41 otherwise fixed by law. To the extent possible, the supreme court shall adopt 42 schedules which are compatible with the state's accounting system. The judi- 43 cial department may also maintain personnel records and files under such sys- 44 tem as is ordered by the supreme court. 45 (4) The state board of education shall determine the schedules of salary 46 and compensation, and prescribe policies for overtime and compensatory time 47 off from duty, for all officers and employees of the state board of education 48 who are not subject to the provisions of chapter 53, title 67, Idaho Code, and 49 which are not otherwise fixed by law. To the extent possible, the state board 50 of education shall adopt schedules and policies which are compatible with the 51 state's accounting system. The state board of education may also maintain per- 52 sonnel records and files under a system of its own, if approved by the state 53 controller. 35 1 (5) Members of the legislature, the lieutenant governor, other officers 2 whose salaries are fixed by law, and members of part-time boards, commissions 3 and committees shall be paid according to law. 4 (6) Any schedule of salary and compensation, if not the schedule pre- 5 scribed by section 67-5309C(a), Idaho Code, must be approved by the appointing 6 authority and be communicated to the state controller in writing at least 7 thirty (30) days in advance of the effective date of the schedule. 8 (7) In addition to salary increases provided by any compensation schedule 9 adopted pursuant to paragraph (6) of this section, nonclassified officers and 10 employees, except those who are elected officials or whose salaries are fixed 11 by law, may be granted a lump sum bonus not to exceed one thousand dollars 12 ($1,000) in any given fiscal year based upon an affirmative certification of 13 meritorious service. Exceptions to the one thousand dollar ($1,000) limit pro- 14 vided in this section may be granted if approved in advance by the state board 15 of examiners. 16 (8) Each appointing authority, including the elective offices in the 17 executive department, the legislative department, the judicial department, and 18 the state board of education and the board of regents, shall comply with all 19 reporting requirements necessary to produce the list of employee positions 20 prescribed by section 67-3519, Idaho Code. 21 (9) The adjutant general, with the approval of the governor, shall pre- 22 scribe personnel policies for all officers and employees of the national guard 23 which are not otherwise fixed by law. Such policies will include an employee 24 grievance procedure with appeal to the adjutant general. The adjutant general 25 shall determine schedules of salary and compensation which are, to the extent 26 possible, comparable to the schedules used for federal civil service employees 27 of the national guard and those employees serving in military status. Sched- 28 ules adopted shall be compatible with the state's accounting system to the 29 extent possible.
STATEMENT OF PURPOSE
RS09005Cl
The purpose of this bill is to protect the state's personnel
system; provide for the examination, selection, retention and
promotion of state employees based upon merit and performance
of duties; and to improve efficiency and service to state
government employers and employees by the Personnel Commission.
The bill retains the current structure, rights and benefits of
Idaho's personnel system, which is presently organized within
the Department of Administration, and renames the function the
Division of Human Resources, within the Office of the Governor
(much like the Division of Financial Management).
FISCAL IMPACT
There is no fiscal impact anticipated for this legislation.
CONTACT
Name: Jeff Malmen, Administrator
Agency: Division of Financial Management
Phone: 334-3900
Statement of Purpose/Fiscal Impact
S1228