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H0444...............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL INSPECTORS - Amends existing law to provide that certain
agricultural inspectors shall not be eligible for overtime pay on a
holiday.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Agric Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 64-1-5
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins,
Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Martinez
Absent and excused -- Clark, Crow, Deal, Gagner, Smith(23)
Floor Sponsor - Trail
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Agric Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - FAILED - 9-26-0
AYES -- Boatright, Deide, Hill, Ingram, Ipsen, Richardson, Sandy,
Thorne, Williams
NAYS -- Andreason, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde,
Hawkins, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch,
Schroeder, Sims, Sorensen, Stegner, Stennett, Wheeler
Absent and excused -- None
Floor Sponsor - Boatright
To Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 444
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NONCLASSIFIED PUBLIC EMPLOYEES; AMENDING SECTION 59-1603, IDAHO
3 CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO PROVIDE THAT CERTAIN
4 AGRICULTURAL INSPECTORS SHALL NOT BE ELIGIBLE FOR OVERTIME PAY ON A HOLI-
5 DAY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 59-1603, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 59-1603. CONFORMITY WITH CLASSIFIED POSITIONS. (1) To the extent possi-
10 ble, each nonclassified position in the executive department will be paid a
11 salary or wage comparable to classified positions with similar duties, respon-
12 sibilities, training, experience and other qualifications. Temporary employees
13 and agricultural inspectors referred to in subsections (n) and (p) of section
14 67-5303, Idaho Code, shall not be entitled to sick leave accruals provided in
15 section 59-1605, Idaho Code, vacation leave provided in section 59-1606, Idaho
16 Code, nor holiday pay defined in subsection (145) of section 67-5302, Idaho
17 Code, unless contributions are being made to the public employee retirement
18 system in accordance with chapter 13, title 59, Idaho Code, and rules promul-
19 gated by the retirement board. Agricultural inspectors identified in this sec-
20 tion as ineligible for holiday pay shall not be eligible for overtime pay on a
21 holiday unless contributions are being made to the public employee retirement
22 system in accordance with chapter 13, title 59, Idaho Code, and rules promul-
23 gated by the retirement board. Vacation and sick leave accruals, but not holi-
24 day pay, shall be awarded retroactively, if necessary, to the date such
25 employees become eligible for retirement system membership.
26 (2) To the extent possible, each nonclassified position in the legisla-
27 tive department will be paid a salary or wage comparable to classified posi-
28 tions with similar duties, responsibilities, training, experience and other
29 qualifications.
30 (3) The supreme court shall determine the schedules of salary and compen-
31 sation for all officers and employees of the judicial department which are not
32 otherwise fixed by law. To the extent possible, the supreme court shall adopt
33 schedules which are compatible with the state's accounting system. The judi-
34 cial department may also maintain personnel records and files under such sys-
35 tem as is ordered by the supreme court.
36 (4) The state board of education shall determine the schedules of salary
37 and compensation, and prescribe policies for overtime and compensatory time
38 off from duty, for all officers and employees of the state board of education
39 who are not subject to the provisions of chapter 53, title 67, Idaho Code, and
40 which are not otherwise fixed by law. To the extent possible, the state board
41 of education shall adopt schedules and policies which are compatible with the
42 state's accounting system. The state board of education may also maintain per-
43 sonnel records and files under a system of its own, if approved by the state
2
1 controller.
2 (5) Members of the legislature, the lieutenant governor, other officers
3 whose salaries are fixed by law, and members of part-time boards, commissions
4 and committees shall be paid according to law.
5 (6) Any schedule of salary and compensation, if not the schedule pre-
6 scribed by section 67-5309C(a), Idaho Code, must be approved by the appointing
7 authority and be communicated to the state controller in writing at least
8 thirty (30) days in advance of the effective date of the schedule.
9 (7) In addition to salary increases provided by any compensation schedule
10 adopted pursuant to paragraph (6) of this section, nonclassified officers and
11 employees, except those who are elected officials or whose salaries are fixed
12 by law, may be granted a lump sum bonus not to exceed one thousand dollars
13 ($1,000) in any given fiscal year based upon an affirmative certification of
14 meritorious service. Exceptions to the one thousand dollar ($1,000) limit pro-
15 vided in this section may be granted if approved in advance by the state board
16 of examiners.
17 (8) Each appointing authority, including the elective offices in the
18 executive department, the legislative department, the judicial department, and
19 the state board of education and the board of regents, shall comply with all
20 reporting requirements necessary to produce the list of employee positions
21 prescribed by section 67-3519, Idaho Code.
22 (9) The adjutant general, with the approval of the governor, shall pre-
23 scribe personnel policies for all officers and employees of the national guard
24 which are not otherwise fixed by law. Such policies will include an employee
25 grievance procedure with appeal to the adjutant general. The adjutant general
26 shall determine schedules of salary and compensation which are, to the extent
27 possible, comparable to the schedules used for federal civil service employees
28 of the national guard and those employees serving in military status. Sched-
29 ules adopted shall be compatible with the state's accounting system to the
30 extent possible.
STATEMENT OF PURPOSE
RS 11438
The Idaho State Department of Agriculture (ISDA) is required by
Idaho Code to pay short-term seasonal agriculture inspection
employees time and one half for any hours worked on a holiday.
Since ISDA customers pay for these services, both ISDA and ISDA
customers incur labor expenses that the competition does not.
This amendment would reduce these costs and make our customers
more competitive.
Amend Section 59-1603, (1) Idaho Code, to remove the requirement
that agriculture inspectors, as defined in subsection (p) of
section 67-5303, Idaho Code and who are not eligible for holiday
pay, be paid time and one half for hours worked on a holiday.
These employees are already exempted by this section from receiving
sick leave, vacation or holiday pay. This proposed amendment would
appear to be in line with the original intent to eliminate the cost
of State mandated benefits from these seasonal labor expenses.
FISCAL IMPACT
No fiscal impact to State general funds. The agriculture industry
pays for the services provided by these employees through payment of
direct billed fees. The State Controllers Office reports that the
required change to the payroll program would be a routine one time
modification and would be a normal cost of operation. Over the last
three years there would have been an average annual savings of
$36,345 for ISDA agriculture industry customers if this legislation
had been in place.
CONTACT
Name: Ken Miracle
Agency: Agriculture, Dept. of
Phone: 332-8521
Statement of Purpose/Fiscal Impact H 444