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S1033.......................................by COMMERCE AND HUMAN RESOURCES
FIREFIGHTERS - Amends existing law to adopt minimum medical and health
standards for paid firefighters; to lower the age requirement for
employment as a paid firefighter; and to allow local jurisdictions to adopt
physical performance standards.
01/22 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Com/HuRes
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 29-0-6
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Keough, King, Lee, McLaughlin, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler,
Whitworth
NAYS--None
Absent and excused--Andreason, Frasure, Ipsen, Noh, Stennett, Twiggs
Floor Sponsor - King
Title apvd - to House
02/17 House intro - 1st rdg - to Comm/Hu Res
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kendell, Kunz, Lake, Limbaugh, Linford, Marley, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Alltus, Callister, Kellogg, Kempton,
Loertscher, Mader, Mr Speaker
Floor Sponsor - Ringo
Title apvd - to Senate
03/03 To enrol
03/04 Rpt enrol - Pres signed - Sp signed
03/05 To Governor
03/11 Governor signed
Session Law Chapter 50
Effective: 03/11/99
S1033|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1033 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT OF FIREFIGHTERS; AMENDING SECTION 44-1801, IDAHO 3 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 44-1812, IDAHO CODE, 4 TO ADOPT MINIMUM MEDICAL AND HEALTH STANDARDS FOR PAID FIREFIGHTERS, TO 5 LOWER THE AGE REQUIREMENT FOR EMPLOYMENT AS A PAID FIREFIGHTER, TO ALLOW 6 LOCAL JURISDICTIONS TO ADOPT PHYSICAL PERFORMANCE STANDARDS, TO ALLOW 7 LOCAL JURISDICTIONS TO ADMINISTER CERTAIN PROVISIONS OF THE SECTION AND TO 8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 72-1333, IDAHO CODE, TO CLAR- 9 IFY THE ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF 10 LABOR REGARDING MEDICAL AND HEALTH STANDARDS FOR PAID FIREFIGHTERS; AND 11 DECLARING AN EMERGENCY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 44-1801, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 44-1801. DEFINITIONS. As used in this act the following terms shall have 16 the following meanings: 17 (a1 ) "fF irefighter" 18 shall mean the paid members, except supervisors, of any regularly constituted 19 fire department in any city, county, fire district or political subdivision 20 within the state. The term "supervisor" means any individual having authority 21 in the interest of an employer to hire, direct, assign, promote, reward, 22 transfer, lay off, recall, suspend, discipline, or discharge other employees, 23 or to adjust their grievances, or to effectively recommend such action if in 24 connection with the foregoing the exercise of such authority is not merely 25 routine or clerical in nature but calls for the consistent exercise of inde- 26 pendent judgment; provided, the term "supervisor" shall include only those 27 individuals who perform a preponderance of the above specified acts of author- 28 ity on a day-to-day basis; and provided further, a supervisor's administrative 29 responsibilities must include demonstrated involvement in policy and budget 30 formulation for the department. Nothing herein shall prohibit any individual 31 employed as a supervisor from becoming or remaining a member of a labor orga- 32 nization, but no employer subject to this act shall be compelled to deem indi- 33 viduals defined herein as supervisors as employees for the purpose of any law, 34 either state or local, related to collective bargaining. 35 (b2 ) "corporation authorities36 Corporate authority " shall mean the council, commission, trustees, or 37 any other governing body of any city, county, fire district or political sub- 38 division whose dutyor dutiesit is to establish wages,39salaries, rates of pay,working conditions, and other conditions of 40 employment of firefighters. 41 SECTION 2. That Section 44-1812, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 44-1812. MINIMUMMEDICAL AND HEALTHSTANDARDS FOR 2 EMPLOYING PAID FIREFIGHTERS. (1)The term "minimum medical and3health standards" means minimum medical and health standards adopted by the4director of the department of labor pursuant to this section.5(2)No person may be employed as a paid firefighter 6 as defined in sections 44-1801(a1 ) and 59-1391(f), 7 Idaho Code,may be employeduntilhethat per- 8 son : 9 (a) Has met and has been certified by the examining physician 10 selected by the corporate authority as having met the 11 minimum medical and health standards set forth in subsection (4) of 12 this section ; 13 (b)Has successfully passed a physical agility test conducted by an14examining physician;15(c)Is at leastnineteen (19)eighteen (18) 16 years of age at the time of appointment; and 17 (dc ) Has met prescribed physical performance 18 standards aspromulgated by the director of the department of19laboradopted by the corporate authority . 20 (32 ) A true copy of the medical history21and physical agility testof the applicant, completed and signed by the 22 examining physician shallaccompany employer certification23 be sent to thedirector of the department of labor24 corporate authority . Such records shall be furnished prior to the date 25 of active employment of the applicant. If an applicanthas failed26 fails to meet thedepartment's standards for employment as27a paid firefighterrequirements of subsection (1) of this section 28 , the applicant shall not be eligible for employment and the29departmentcorporate authority shall provide notice of 30the applicant'sineligibility to theemployer31 applicant . 32 (43 ) Physical examination records shall be a 33 part of the permanent file of theemployercorporate 34 authority . 35 (4) For purposes of this section, the phrase "minimum medical and 36 health standards" shall mean the preplacement medical evaluation provisions of 37 chapter 2-3 of the 1997 edition of NFPA 1582, the standard on medical require- 38 ments for firefighters published by the national fire protection association. 39 The cost of the medical examination contemplated by this section is to be paid 40 by the corporate authority, which shall make copies of NFPA 1582 available 41 upon request. 42 (5)The director of the department of labor shall adopt minimum43medical and health standards for employment as a paid firefighter, and shall44select an examining physician for each city, county and fire district. In45adopting such standards the director shall consider existing standards recom-46mended by the professional firefighters of Idaho, and shall adopt equal or47higher standards, together with appropriate standards and procedures to insure48uniform compliance with this section. The standards when adopted shall be pub-49lished and distributed to each employer. The cost of the medical examination50contemplated by this section is to be paid by the employer.51(6)Nothing in this section shall apply to paid firefighters who 52 are employed as such before October 1, 1980, as long as they continue in such 53 employment; nor to promotional appointments after becoming a member of a fire 54 department of anyemployercorporate authority ; nor 55 to the reemployment of a paid firefighter by the same or a different3 1employercorporate authority within two (2) years after 2 the termination of his employment; nor to the reinstatement of a paid fire- 3 fighter who has been on military or disability leave, disability retirement 4 status, or who was terminated because of a reduction in force or leave of 5 absence status. 6 SECTION 3. That Section 72-1333, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 72-1333. DEPARTMENT OF LABOR -- AUTHORITY AND DUTIES OF THE DIRECTOR. (1) 9 The director shall administer the employment security law, the minimum wage 10 law, chapter 15, title 44, Idaho Code, the provisions of chapter 6, title 45, 11 Idaho Code, relating to claims for wages, the provisions of section 44-1812, 12 Idaho Code, relating to minimum medical and health standards for 13 paid firefighters, and to perform such other duties relating to labor and 14 workforce development as may be imposed upon him by law. The director shall be 15 the successor in law to the office enumerated in section 1, article XIII, of 16 the constitution of the state of Idaho. The director shall have the authority 17 to employ individuals, make expenditures, require reports, make investiga- 18 tions, perform travel and take other actions deemed necessary. The director 19 shall organize the "department of labor" which is hereby created, and which 20 shall, for the purposes of section 20, article IV, of the constitution of the 21 state of Idaho, be an executive department of the state government. The direc- 22 tor shall have an official seal which shall be judicially noticed. 23 (2) The director shall have the authority pursuant to chapter 52, title 24 67, Idaho Code, to adopt, amend, or rescind rules as he deems necessary for 25 the proper performance of all duties imposed upon him by law. 26 (3) Subject to the provisions of chapter 53, title 67, Idaho Code, the 27 director is authorized and directed to provide for a merit system for the 28 department covering all persons, except the director, the division administra- 29 tors, and two (2) exempt positions to serve at the pleasure of the director. 30 (4) The director shall make recommendations for amendments to the employ- 31 ment security law and other laws he is charged to implement as he deems 32 proper. 33 SECTION 4. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
STATEMENT OF PURPOSE
RS08564
This bill contains two amendments to Idaho's Employment of
Firefighters Law and one amendment to Idaho's Employment Security Law.
The amendment to Section 44-1801, Idaho Code, changes the term being
defined in subsection (b) from "corporation authorities" to "corporate
authority't and deletes words that are unnecessary or redundant.
The amendment to Section 44-1812, Idaho Code, establishes minimum
medical and health standards for paid firefighters, lowers the age
requirement for employment as a paid firefighter and shifts the
authority to adopt physical performance standards from the state to
local jurisdictions. This amendment will allow each city, county or
fire district to adopt physical performance standards that better meet
the needs of that particular local jurisdiction.
The amendment to Section 72-1333, Idaho Code, clarifies the authority
of the Director of the Department of Labor for the administration of
the minimum medical and health standards of Section 44-1812, Idaho
Code.
FISCAL IMPACT
Without the amendment to Section 44-1812, Idaho Code, the Department
of Labor would need a general fund appropriation to pay for the cost
of fulfilling its duties under the existing statute. These duties
would include developing and validating physical performance standards
for both metropolitan and rural areas of the state, monitoring
compliance, maintaining records and promulgating rules. The Department
estimates that an additional 1.5 FTPs would be necessary to fulfill
these responsibilities.
There should be no negative fiscal impact on local jurisdictions
because they are already required to meet the existing state standard.
For those local jurisdictions that have been conducting both the
state physical performance test and their own test, this
legislation would have a positive fiscal impact by allowing them to
conduct only their own test.
The other amendments make technical corrections and have no fiscal
impact.
CONTACT
Name: Dwight Johnson
Agency: Department of Labor
Phone: 334-6402
Statement of Purpose/Fiscal Impact S1033