2002 Legislation
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HOUSE BILL NO. 444 – Agric inspectors, holiday/overtime

HOUSE BILL NO. 444

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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