2000 Legislation
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HOUSE BILL NO. 594 – State employees, earned admin leave

HOUSE BILL NO. 594

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H0594.......................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - Amends existing law to define the term "earned
administrative leave" for state employees; to provide that credited state
service shall not be earned when compensatory time or earned administrative
leave is taken; to provide that sick leave shall not accrue when
compensatory time or earned administrative leave is taken; to provide that
vacation time shall not accrue when compensatory time or earned
administrative leave is taken; to provide that eligible nonclassified
officers and employees shall accrue credited state service at the same rate
and under the same conditions as is provided for classified state
employees.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Com/HuRes
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 57-1-12
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Denney, Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29),
      Henbest, Hornbeck, Jones, Judd, Kempton, Kendell, Kunz, Lake,
      Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Taylor,
      Tilman, Trail(Miller), Wheeler, Zimmermann
      NAYS -- Wood
      Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond,
      Jaquet, Kellogg, Linford, Montgomery, Smith, Stone, Mr Speaker
    Floor Sponsor - Ridinger
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Com/HuRes
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Williams
      NAYS--Cameron, Hawkins, Parry, Whitworth
      Absent and excused--McLaughlin
    Floor Sponsor - Andreason
    Title apvd - to House
03/24    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 121
         Effective: 07/01/00

Bill Text


 H0594
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 594
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  THE  PERSONNEL  SYSTEM  FOR  STATE  EMPLOYEES;  AMENDING  SECTION
  3        67-5302,  IDAHO  CODE,  TO  DEFINE "EARNED ADMINISTRATIVE LEAVE"; AMENDING
  4        SECTION 67-5332, IDAHO CODE, TO PROVIDE THAT CREDITED STATE SERVICE  SHALL
  5        NOT  BE  EARNED  WHEN  COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE IS
  6        TAKEN; AMENDING SECTION 67-5333, IDAHO CODE, TO PROVIDE  THAT  SICK  LEAVE
  7        SHALL  NOT ACCRUE WHEN COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE IS
  8        TAKEN; AMENDING SECTION 67-5334, IDAHO CODE, TO PROVIDE THAT VACATION TIME
  9        SHALL NOT ACCRUE WHEN COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE  IS
 10        TAKEN;  AND AMENDING SECTION 59-1604, IDAHO CODE, TO PROVIDE THAT ELIGIBLE
 11        NONCLASSIFIED OFFICERS AND EMPLOYEES SHALL ACCRUE CREDITED  STATE  SERVICE
 12        AT  THE SAME RATE AND UNDER THE SAME CONDITIONS AS IS PROVIDED FOR CLASSI-
 13        FIED OFFICERS AND EMPLOYEES AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 67-5302, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        67-5302.  DEFINITIONS.  As used in this chapter, and other applicable sec-
 18    tions of the Idaho Code, each of the terms defined in this section shall  have
 19    the  meaning  given  in  this  section  unless  a different meaning is clearly
 20    required by the context. Such terms and their definitions are:
 21        (1)  "Administrative employee" means any person, nonclassified or  classi-
 22    fied appointed to a position which meets the following criteria:
 23        1.   (a)  Responsible  office  or  nonmanual  work directly related to the
 24             management policies of a department or section; or
 25             (b)  Responsible work that is directly related to  academic  instruc-
 26             tion  or training carried on in the administration of a school system
 27             or educational establishment; and
 28        2.  The employee must customarily and regularly  exercise  discretion  and
 29        independent  judgment,  as  distinguished  from using skills and following
 30        procedures. The employee must have the authority to make  important  deci-
 31        sions; and
 32        3.  The employee must:
 33             (a)  Regularly   assist  a  bona  fide  executive  or  administrative
 34             employee; or
 35             (b)  Perform work under  general  supervision  along  specialized  or
 36             technical  lines requiring special training, experience or knowledge;
 37             or
 38             (c)  Execute under only general supervision special assignments; and
 39        4.  The employee is classified to a position allocated to  the  pay  grade
 40        equivalent  to  two  hundred  sixty (260) points or higher pursuant to the
 41        rating system established by section 67-5309C, Idaho Code.
 42        5.  Final designation of a classified position as "administrative"  within
 43        this  definition  shall  be  made  by the administrator of the division of
                                                                        
                                           2
                                                                        
  1        human resources.
  2        (2)  "Administrator" means the administrator  of  the  division  of  human
  3    resources in the governor's office.
  4        (3)  "Appointing  authority"  means the officer, board, commission, person
  5    or group of persons authorized by statute or lawfully delegated  authority  to
  6    make appointments to or employ personnel in any department.
  7        (4)  "Class"  means  a  group of positions  sufficiently similar as to the
  8    duties  performed,  degree  of  supervision  exercised  or  required,  minimum
  9    requirements of training,  experience or  skill,  and  other  characteristics,
 10    that  the  same title, the same tests of fitness and the same schedule of com-
 11    pensation may be applied to each position in the group.
 12        (5)  "Classified officer or employee" means any  person  appointed  to  or
 13    holding  a  position in any department of the state of Idaho which position is
 14    subject to the provisions of the merit examination, selection, retention, pro-
 15    motion and dismissal requirements of chapter 53, title 67, Idaho Code.
 16        (6)  "Commission" means the Idaho personnel commission.
 17        (7)  "Compensatory time" means approved time off  from  duty  provided  in
 18    compensation for overtime hours worked.
 19        (8)  "Department"  means  any department, agency, institution or office of
 20    the state of Idaho.
 21        (9)  "Disabled veteran" means an individual who  has  served  on  military
 22    duty  in the armed forces of the United States during any period of war recog-
 23    nized by the United States department of veterans affairs for the purposes  of
 24    awarding  federal  veterans benefits as may be defined in title 38, U.S. code,
 25    chapter 1, section 101(11), or during any other  conflict  recognized  by  the
 26    award  of a campaign or service medal of the United States; and has been sepa-
 27    rated therefrom under honorable conditions; and has  established  the  present
 28    existence  of  a  service-connected disability; and is receiving compensation,
 29    disability retirement benefits, or pension under a public statute as  adminis-
 30    tered by the department of veterans affairs or a military department.
 31        (10) "Earned  administrative leave" means hours which exceed the regularly
 32    scheduled hours but do not result in overtime. These hours  may  accrue  after
 33    hours  worked  and hours on paid leave exceed forty (40) hours in one (1) work
 34    week.
 35        (11) "Eligible" means a person who has been determined to be qualified for
 36    a classified position and whose name has been placed on the register of eligi-
 37    bles.
 38        (112) "Executive employee" means any person, nonclassified or  classified,
 39    appointed  to  a position equivalent to a bureau chief or above as provided in
 40    section 67-2402, Idaho Code, or any employee meeting the following criteria:
 41        1.  An individual whose primary duty is management of a department,  divi-
 42        sion or section; and
 43        2.  Who  customarily and regularly directs the work of at least two (2) or
 44        more other employees therein; and
 45        3.  Who has the authority to hire and fire, or  to  recommend  hiring  and
 46        firing;  or  whose  recommendation  on  these  and other actions affecting
 47        employees is given particular weight; and
 48        4.  Who customarily and regularly exercises discretionary powers; and
 49        5.  Who is classified to a position allocated to the pay grade  equivalent
 50        to  two hundred sixty (260) points or higher pursuant to the rating system
 51        established by section 67-5309C, Idaho Code.
 52        6.  Final designation of a classified position as "executive" in this def-
 53        inition shall be made by the administrator.
 54        (123) "Exempt employee" means any employee, classified  or  nonclassified,
 55    who  is determined to be an executive, professional or administrative employee
                                                                        
                                           3
                                                                        
  1    as defined herein, or who qualifies for any other exemption from cash  compen-
  2    sation for overtime under applicable federal law. Final designation of a clas-
  3    sified position as exempt shall be made by the administrator.
  4        (134) "Full-time  employee"  means  any employee working a forty (40) hour
  5    work week.
  6        (145) "Holiday" means the following:
  7             January 1 (New Year's Day);
  8             Third Monday in January (Martin Luther King, Jr.-Idaho  Human  Rights
  9             Day);
 10             Third Monday in February (Washington's Birthday);
 11             Last Monday in May (Decoration Day);
 12             July 4 (Independence Day);
 13             First Monday in September (Labor Day);
 14             Second Monday in October (Columbus Day);
 15             November 11 (Veterans Day);
 16             Fourth Thursday in November (Thanksgiving);
 17             December 25 (Christmas).
 18    In addition, the term "holiday" shall mean any day so designated by the Presi-
 19    dent  of  the  United  States or the governor of this state for a public fast,
 20    thanksgiving or holiday.
 21        In the event that a holiday occurs on a  Saturday,  the  preceding  Friday
 22    shall be a holiday, and if the holiday falls on a Sunday, the following Monday
 23    shall be a holiday.
 24        A  holiday  is  a  day  of exemption from work granted to employees during
 25    which said employees shall be compensated as if they actually worked.
 26        (156) "Hours worked" means those hours actually spent in  the  performance
 27    of  the  employee's  job  on any day including holidays, and shall not include
 28    vacation or sick leave or other approved leave of absence.
 29        (167) "Nonclassified employee" means any person appointed to or holding  a
 30    position  in  any department of the state of Idaho, which position is exempted
 31    from the provisions of chapter 53, title 67, Idaho Code, as  provided  for  in
 32    section 67-5303, Idaho Code.
 33        (178) "Normal  work  week" means any forty (40) hours worked during a par-
 34    ticular one hundred sixty-eight (168) hour period as previously established by
 35    the employee's appointing authority.
 36        (189) "Open competitive examination" means an  examination  which  may  be
 37    taken  by qualified applicants to compete on an equal basis for listing on the
 38    register of eligibles.
 39        (1920) "Overtime work" means time worked on holidays and  time  worked  in
 40    excess  of  forty (40) hours in a period of one hundred sixty-eight (168) con-
 41    secutive hours, except that in the case of  those  employees  engaged  in  law
 42    enforcement,  correctional  and  fire  protection  activities characterized by
 43    irregular shift work schedules, time worked in excess  of  one  hundred  sixty
 44    (160) hours in a period of twenty-eight (28) consecutive days shall constitute
 45    overtime work within the meaning of this chapter.
 46        (201) "Participating  department"  means  any  department  of the state of
 47    Idaho which employs persons in classified positions subject to the merit exam-
 48    ination, selection, retention, promotion and dismissal  requirements  of  this
 49    chapter.
 50        (212) "Part-time employee" means any employee whose usually scheduled work
 51    is  less  than  forty  (40) hours in a period of one hundred sixty-eight (168)
 52    consecutive hours.
 53        (223) "Personnel system" means the procedure for  administering  employees
 54    in accordance with this chapter.
 55        (234) "Political office" means a public office for which partisan politics
                                                                        
                                           4
                                                                        
  1    is a basis for nomination, election or appointment.
  2        (245) "Political organization" means a party which sponsors candidates for
  3    election to political office.
  4        (256) "Position"  means  a  group  of  duties and responsibilities legally
  5    assigned or delegated by one (1) or more appointing authorities and  requiring
  6    the employment of one (1) person.
  7        (267) "Professional  employee"  means any person, nonclassified or classi-
  8    fied, appointed to a position which meets the following criteria:
  9        1.  The employee's primary duty must be either:
 10             (a)  Work requiring knowledge of an advanced type in a field of  sci-
 11             ence  or learning, customarily obtained by a prolonged course of spe-
 12             cialized instruction and study; or
 13             (b)  Work that is original and creative in character in a  recognized
 14             field  of artistic endeavor and the result of which depends primarily
 15             on his invention, imagination, or talent; or
 16             (c)  Work as a teacher certified or recognized as such  in  a  school
 17             system or educational institution by which he is employed; and
 18        2.  The employee must consistently exercise discretion and judgment; and
 19        3.  The  employee must do work that is predominantly intellectual and var-
 20        ied, as distinguished from routine or mechanical duties; and
 21        4.  The employee is classified to a position allocated to  the  pay  grade
 22        equivalent  to  two  hundred  sixty (260) points or higher pursuant to the
 23        rating system established in section 67-5309C, Idaho Code.
 24        5.  Final designation of a classified position  as  "professional"  within
 25        this definition shall be made by the administrator.
 26        (278) "Provisional appointment" means appointment to a classified position
 27    pending the establishment of a register for such position and employment shall
 28    not  be continued in this status longer than thirty (30) days after establish-
 29    ment of a register.
 30        (289) "Qualifying examination" means an examination or evaluation given to
 31    a selected person to determine eligibility for reclassification or appointment
 32    to a position in a classification.
 33        (2930) "Register" means a list of names of persons who  have  been  deter-
 34    mined  to be eligible for employment in a classified position as determined on
 35    the basis of examination and merit factors as established by  the  administra-
 36    tor.
 37        (301) "Seasonal  appointment"  means an appointment to a position which is
 38    permanent in nature, but which has intermittent work  periods  throughout  the
 39    year.
 40        (312) "Service rating" means a recorded evaluation of work performance and
 41    promotional potential of an employee by his supervisor.
 42        (323) "Temporary appointment" means appointment to a position which is not
 43    permanent  in  nature,  and  in  which employment will not exceed one thousand
 44    three hundred eighty-five (1,385) hours during any twelve (12)  month  period.
 45    No  person  holding a temporary appointment may work in excess of one thousand
 46    three hundred eighty-five (1,385) hours during a twelve (12) month  period  of
 47    time  for  any  one  (1)  department,  except  upon petition by the appointing
 48    authority of the department of lands that demonstrates good cause, the  admin-
 49    istrator of the division of human resources  may extend the one thousand three
 50    hundred eighty-five (1,385) hour limit for employees of the department who are
 51    required to perform fire suppression activities.
 52        (334) "Vacation  leave"  means  a period of exemption from work granted to
 53    employees during which time said employees  shall  be  compensated.  The  term
 54    shall not include compensatory time for overtime work.
 55        (345) "Veteran"  means any person who has served in the active  service of
                                                                        
                                           5
                                                                        
  1    the armed forces of the United States during any period of war  recognized  by
  2    the  United  States department of veterans affairs for the purpose of awarding
  3    federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
  4    section  101(11), or during any other conflict recognized by the  award  of  a
  5    campaign  or  service  medal of the United States, and who has been discharged
  6    under other than dishonorable conditions.
                                                                        
  7        SECTION 2.  That Section 67-5332, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        67-5332.  CREDITED  STATE SERVICE -- APPLICABILITY -- COMPUTATION. (1) For
 10    the purposes of payroll, vacation or annual leave, sick leave and other appli-
 11    cable purposes, credited state service shall be earned by:
 12        (a)  Classified officers and  employees  of  any  department,  commission,
 13        division, agency or board of the executive department;
 14        (b)  Such  other classified officers and employees as may be prescribed by
 15        law or by order of the state board of examiners.
 16        (2)  Service in the employ of any of the following units of government, or
 17    other similar units, shall not earn credited state service: counties,  cities,
 18    school  districts, community college districts, irrigation districts and high-
 19    way districts. Service as an independent contractor or consultant is not state
 20    service.
 21        (3)  One (1) hour of credited state service shall be earned by each eligi-
 22    ble state officer or employee for each hour, or major fraction thereof, worked
 23    or on approved leave as provided in subsection (4) of this section.
 24        (4)  Credited state service shall be earned when on  approved  leave  with
 25    pay,  on  approved  vacation  leave, approved military leave, on approved sick
 26    leave, and holiday leave, but not when compensatory time or earned administra-
 27    tive leave is taken.
 28        (5)  Service for retirement purposes shall be as provided in  chapter  13,
 29    title 59, Idaho Code.
                                                                        
 30        SECTION  3.  That  Section 67-5333, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        67-5333.  SICK LEAVE COMPUTATION. (1) The rate  per  hour  at  which  sick
 33    leave shall accrue to classified officers and employees earning credited state
 34    service shall be at the rate represented by the proportion 96/2080. Sick leave
 35    shall  accrue  without  limit,  and  shall  be transferable from department to
 36    department.
 37        (2)  Sick leave shall not accrue to any officer or employee on any kind of
 38    leave of absence without pay, suspension without pay  or  layoff.  Sick  leave
 39    shall  accrue  while  an officer or employee is on approved leave with pay, on
 40    approved vacation leave, on approved military leave with pay, and on  approved
 41    sick  leave,  but not when compensatory time or earned administrative leave is
 42    taken.
 43        (3)  All accrued sick leave shall be forfeited at the time  of  separation
 44    from  state service and no officer or employee shall be reimbursed for accrued
 45    sick leave at the time of separation, except as provided in  section  67-5339,
 46    Idaho  Code.  If  such  officer  or employee returns to credited state service
 47    within three (3) years of such separation, all sick leave credits  accrued  at
 48    the  time  of separation shall be reinstated, except to the extent that unused
 49    sick leave was utilized for the purposes specified in section  67-5339,  Idaho
 50    Code.
 51        (4)  Sick  leave  shall  be  taken on a workday basis. Regularly scheduled
                                                                        
                                           6
                                                                        
  1    days off and officially designated holidays falling within a  period  of  sick
  2    leave  shall  not be counted against sick leave. Sick leave shall not be taken
  3    in advance of being earned.
  4        (5)  In cases where absences for sick leave exceed three  (3)  consecutive
  5    working days, the appointing authority may require verification by a physician
  6    or other authorized practitioner.
  7        (6)  If  an  absence  for  illness or injury extends beyond the sick leave
  8    accrued to the credit of the officer or employee, the officer or employee  may
  9    be granted leave without pay.
 10        (7)  The  administrator  shall  prescribe additional requirements for sick
 11    leave for classified officers and employees on a part-time or irregular sched-
 12    ule, for maintaining sick leave records, for funeral  leave,  and  such  other
 13    applicable purposes as necessary.
                                                                        
 14        SECTION  4.  That  Section 67-5334, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        67-5334.  VACATION TIME COMPUTATION. (1) Vacation time shall not accrue to
 17    any officer or employee on any kind of leave of absence without  pay,  suspen-
 18    sion  without  pay  or layoff. Vacation leave shall accrue while an officer or
 19    employee is on approved  leave  with  pay,  on  approved  vacation  leave,  on
 20    approved  military  leave  with  pay, and on approved sick leave, but not when
 21    compensatory time or earned administrative leave is taken.
 22        (2)  The rate per hour at which vacation leave shall  accrue  to  eligible
 23    classified  officers  and employees earning credited state service shall be at
 24    the rate represented by the proportion 96/2080 during the first  10,400  hours
 25    of  credited state service; at the rate represented by the proportion 120/2080
 26    during the second 10,400 hours of credited state service; at the  rate  repre-
 27    sented  by  the  proportion 144/2080 during the third 10,400 hours of credited
 28    state service; and at the rate represented by the proportion 168/2080 thereaf-
 29    ter.
                                                                        
 30        SECTION 5.  That Section 59-1604, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        59-1604.  CREDITED  STATE  SERVICE. (1) For the purposes of payroll, vaca-
 33    tion or annual leave, sick leave and other applicable purposes, credited state
 34    service shall be earned by:
 35        (a)  The elective officers of the executive department, except  the  lieu-
 36        tenant governor;
 37        (b)  Nonclassified  officers  and employees of any department, commission,
 38        division, agency or board of the executive department,  except  for  part-
 39        time members of boards, commissions and committees;
 40        (c)  Officers  and employees of the legislative department, except members
 41        of the house of representatives and the senate.
 42        (2)  One (1) hour of credited state service shall be earned by each eligi-
 43    ble state officer or employee specified in subsection (1) above for each hour,
 44    or major fraction thereof, that the officer or employee receives pay,  whether
 45    for  hours  worked  or  on  approved leave. The state board of examiners shall
 46    adopt comparative tables and charts  to  compute  credited  state  service  on
 47    daily, weekly, bi-weekly, calendar month and annual periods  Eligible nonclas-
 48    sified  officers and employees shall accrue credited state service at the same
 49    rate and under the same conditions as is provided in  section  67-5332,  Idaho
 50    Code, for classified officers and employees.
 51        (3)  Members  of  the legislature, the lieutenant governor, and members of
                                                                        
                                           7
                                                                        
  1    part-time boards, commissions and committees, shall not be eligible for annual
  2    leave or sick leave.
  3        (4)  Credited state service for those officers and employees identified by
  4    section 67-5303(i), Idaho Code, shall be as determined by the state  board  of
  5    education, except no such officer or employee shall be credited with more than
  6    two thousand eighty (2,080) hours during any twelve (12) month period.
  7        Any  policy and procedures determined by the state board of education must
  8    be communicated to the state controller in writing at least one hundred eighty
  9    (180) days in advance of the effective date of the policy and procedures.
 10        (5)  Service for retirement purposes shall be as provided in  chapter  13,
 11    title 59, Idaho Code, or in chapter 20, title 1, Idaho Code.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE
                       RS09624C1

This proposal clarifies that sick, vacation and credited state 
service should not be awarded for hours earned in excess of 
hours actually worked.

                   FISCAL IMPACT

This proposed legislation will have no impact on general or 
dedicated funds.

CONTACT
Name: Ann Heilman
Agency: Division of Human Resources
Phone: 334-3345

STATEMENT OF PURPOSE/FISCAL IMPACT                   H 594