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S1363aaH....................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEE COMPENSATION PLAN - Repeals, amends and adds to existing law
to increase the maximum award that may be granted to certain nonclassified
officers and employees for meritorious service and for suggestions
resulting in taxpayer savings; to provide exceptions to the maximum award;
to require reporting of all awards granted in the preceding fiscal year and
reporting of changes made pursuant to an employee's suggestion and
resulting savings; to provide for recruitment and retention awards and to
require reporting of such awards; to provide for other pay to certain
nonclassified officers and employees and to require reporting; to provide
criteria for reimbursement of moving expenses and to require reporting; to
provide that the State Controller's Office is responsible for the
establishment and maintenance of specific pay codes; to clarify
compensatory time for classified and nonclassified employees who are
designated as executive; to provide an exception to the limitation on use
of appropriations made for expenses other than personnel costs; to provide
for limitations on the amount of legislative appropriations for personnel
costs which can be transferred to other object codes; to expand the
definition of "holiday" to distinguish nonexecutive employees from
employees classified as executive exempt; to clarify the rulemaking
authority of the Division of Human Resources regarding rules for
disciplinary dismissal, demotion, suspension or other discipline for cause
and for shift differential pay; to provide a state employee compensation
philosophy; to establish the Idaho compensation plan; to provide for
specified annual surveys, reports and recommendations; to provide other pay
delivery options; to provide state overtime policy; to clarify provisions
relating to cash compensation and compensatory time; to clarify computation
of vacation time for classified officers and employees; and to redefine
"severance pay."
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Com/HuRes
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Keough
Floor Sponsors - Andreason, Stegner, McGee & Kelly
Title apvd - to House
02/23 House intro - 1st rdg - to Com/HuRes
03/10 Rpt out - to Gen Ord
03/13 Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/22 3rd rdg as amen - PASSED - 69-1-0
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- Barrett
Absent and excused -- None
Floor Sponsors - Schaefer, Roberts & Garrett
Title apvd - to Senate
03/24 Senate concurred in House amens - to engros
03/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Andreason, McGee & Kelly
Title apvd - to enrol
03/30 Rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/07 Governor signed
Session Law Chapter 380
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1363
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE PERSONNEL SYSTEM AND NONCLASSIFIED STATE OFFICERS AND
3 EMPLOYEES; AMENDING SECTION 33-2101A, IDAHO CODE, TO DELETE A CODE REFER-
4 ENCE; AMENDING SECTION 33-2109A, IDAHO CODE, TO PROVIDE CORRECT CODE REF-
5 ERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 59-1603, IDAHO
6 CODE, TO DELETE A CODE REFERENCE, TO PROVIDE CORRECT TERMINOLOGY, TO
7 INCREASE THE MAXIMUM AWARD THAT MAY BE GRANTED TO CERTAIN NONCLASSIFIED
8 OFFICERS AND EMPLOYEES FOR MERITORIOUS SERVICE AND FOR SUGGESTIONS RESULT-
9 ING IN TAXPAYER SAVINGS, TO PROVIDE EXCEPTIONS TO THE MAXIMUM AWARD UNDER
10 EXTRAORDINARY CIRCUMSTANCES, TO REQUIRE REPORTING OF ALL AWARDS GRANTED IN
11 THE PRECEDING FISCAL YEAR AND REPORTING OF CHANGES MADE PURSUANT TO AN
12 EMPLOYEE'S SUGGESTION AND RESULTING SAVINGS, TO PROVIDE FOR RECRUITMENT
13 AND RETENTION AWARDS TO CERTAIN NONCLASSIFIED OFFICERS AND EMPLOYEES AND
14 TO REQUIRE REPORTING OF SUCH AWARDS GRANTED IN THE PRECEDING FISCAL YEAR,
15 TO PROVIDE FOR OTHER PAY TO CERTAIN NONCLASSIFIED OFFICERS AND EMPLOYEES
16 AND TO REQUIRE REPORTING OF SUCH AWARDS GRANTED IN THE PRECEDING FISCAL
17 YEAR, TO PROVIDE FOR NONMERIT PAY AND TO REQUIRE REPORTING OF SUCH AWARDS
18 GRANTED IN THE PRECEDING FISCAL YEAR, TO PROVIDE CRITERIA FOR REIMBURSE-
19 MENT OF MOVING EXPENSES, TO REQUIRE REPORTING OF ALL MOVING REIMBURSEMENTS
20 GRANTED IN THE PRECEDING FISCAL YEAR AND TO PROVIDE THAT THE STATE
21 CONTROLLER'S OFFICE IS RESPONSIBLE FOR THE ESTABLISHMENT AND MAINTENANCE
22 OF SPECIFIC PAY CODES; AMENDING SECTION 59-1606, IDAHO CODE, TO DELETE AN
23 INCORRECT CODE REFERENCE; AMENDING SECTION 59-1607, IDAHO CODE, TO PROVIDE
24 PROPER TERMINOLOGY AND TO CLARIFY COMPENSATORY TIME FOR CLASSIFIED AND
25 NONCLASSIFIED EMPLOYEES WHO ARE DESIGNATED AS EXECUTIVE; AMENDING SECTION
26 67-3511, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE LIMITATION ON USE OF
27 APPROPRIATIONS MADE FOR EXPENSES OTHER THAN PERSONNEL COSTS, TO PROVIDE
28 FOR LIMITATIONS ON THE AMOUNT OF LEGISLATIVE APPROPRIATIONS FOR PERSONNEL
29 COSTS WHICH CAN BE TRANSFERRED TO OTHER OBJECT CODES AND TO MAKE TECHNICAL
30 CORRECTIONS; AMENDING SECTION 67-5302, IDAHO CODE, TO PROVIDE CORRECT REF-
31 ERENCES, TO REFORMAT THE SECTION AND TO EXPAND THE DEFINITION OF "HOLIDAY"
32 TO DISTINGUISH NONEXECUTIVE EMPLOYEES FROM EMPLOYEES CLASSIFIED AS EXECU-
33 TIVE EXEMPT; AMENDING SECTION 67-5309, IDAHO CODE, TO CLARIFY RULEMAKING
34 AUTHORITY OF THE DIVISION OF HUMAN RESOURCES REGARDING RULES FOR DISCI-
35 PLINARY DISMISSAL, DEMOTION, SUSPENSION OR OTHER DISCIPLINE FOR CAUSE AND
36 FOR SHIFT DIFFERENTIAL PAY AND TO SPECIFY ADDITIONAL RULEMAKING AUTHORITY;
37 REPEALING SECTION 67-5309A, IDAHO CODE, RELATING TO PERSONNEL BENEFITS;
38 AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
39 TION 67-5309A, IDAHO CODE, TO PROVIDE A STATE EMPLOYEE COMPENSATION PHI-
40 LOSOPHY; REPEALING SECTION 67-5309B, IDAHO CODE, RELATING TO ESTABLISHING
41 SALARIES; AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A
42 NEW SECTION 67-5309B, IDAHO CODE, TO ESTABLISH THE IDAHO COMPENSATION
43 PLAN; REPEALING SECTION 67-5309C, IDAHO CODE, RELATING TO PAY GRADES AND
44 MERIT INCREASES; AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDI-
45 TION OF A NEW SECTION 67-5309C, IDAHO CODE, TO PROVIDE FOR SPECIFIED
46 ANNUAL SURVEYS, REPORTS AND RECOMMENDATIONS; AMENDING CHAPTER 53, TITLE
2
1 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5309D, IDAHO CODE, TO
2 PROVIDE OTHER PAY DELIVERY OPTIONS; REPEALING SECTION 67-5326, IDAHO CODE,
3 RELATING TO OVERTIME AND HOURS OF WORK; AMENDING SECTIONS 67-5328,
4 67-5329, 67-5330 AND 67-5331, IDAHO CODE, TO PROVIDE STATE OVERTIME POL-
5 ICY, TO CLARIFY PROVISIONS RELATING TO CASH COMPENSATION AND COMPENSATORY
6 TIME, TO REFORMAT SECTION 67-5328, IDAHO CODE, TO REDESIGNATE SECTIONS
7 67-5329, 67-5330 AND 67-5331, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY
8 AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTIONS 67-5333 AND
9 67-5339, IDAHO CODE, TO REFORMAT SECTION 67-5333, IDAHO CODE, TO REDESIG-
10 NATE SECTION 67-5339, IDAHO CODE, AND TO PROVIDE CORRECT CODE REFERENCES;
11 AMENDING SECTIONS 67-5334, 67-5335 AND 67-5337, IDAHO CODE, TO CLARIFY
12 COMPUTATION OF VACATION TIME FOR CLASSIFIED OFFICERS AND EMPLOYEES ACCORD-
13 ING TO THEIR DEFINITIONS UNDER THE FEDERAL FAIR LABOR STANDARDS ACT, TO
14 MAKE TECHNICAL CORRECTIONS, TO REFORMAT SECTION 67-5334, IDAHO CODE, AND
15 TO REDESIGNATE SECTIONS 67-5335 AND 67-5337, IDAHO CODE; AMENDING CHAPTER
16 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5337, IDAHO
17 CODE, TO PROVIDE FOR MOVING EXPENSE REIMBURSEMENT; AMENDING SECTION
18 67-5342, IDAHO CODE, TO REDEFINE "SEVERANCE PAY"; AND DECLARING AN EMER-
19 GENCY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 33-2101A, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding
24 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404,
25 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103,
26 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108,
27 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114,
28 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123,
29 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139,
30 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001,
31 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1721,
32 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and 67-5332,
33 Idaho Code, the term "junior college" shall mean and shall be denoted as
34 "community college."
35 SECTION 2. That Section 33-2109A, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 33-2109A. USE OF UNUSED SICK LEAVE. Upon separation from employment with
38 the junior community college district by retirement, in accordance with chap-
39 ter 13, title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an
40 employee shall be accorded credit for unused sick leave as provided in section
41 67-53393, Idaho Code. Each junior community college district shall contribute
42 to the sick leave account for the purposes of this section, as provided in
43 subsection (32)(c) of section 67-53393, Idaho Code.
44 SECTION 3. That Section 59-1603, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 59-1603. CONFORMITY WITH CLASSIFIED POSITIONS. (1) To the extent possi-
47 ble, each nonclassified position in the executive department will be paid a
48 salary or wage comparable to classified positions with similar duties, respon-
3
1 sibilities, training, experience and other qualifications. Temporary employees
2 and agricultural inspectors referred to in subsections (n) and (p) of section
3 67-5303, Idaho Code, shall not be entitled to sick leave accruals provided in
4 section 59-1605, Idaho Code, vacation leave provided in section 59-1606, Idaho
5 Code, nor holiday pay defined in subsection (15) of section 67-5302, Idaho
6 Code, unless contributions are being made to the public employee retirement
7 system in accordance with chapter 13, title 59, Idaho Code, and rules promul-
8 gated by the retirement board. Vacation and sick leave accruals, but not holi-
9 day pay, shall be awarded retroactively, if necessary, to the date such
10 employees become eligible for retirement system membership.
11 (2) To the extent possible, each nonclassified position in the legisla-
12 tive department will be paid a salary or wage comparable to classified posi-
13 tions with similar duties, responsibilities, training, experience and other
14 qualifications.
15 (3) The supreme court shall determine the schedules of salary and compen-
16 sation for all officers and employees of the judicial department which are not
17 otherwise fixed by law. To the extent possible, the supreme court shall adopt
18 schedules which are compatible with the state's accounting system. The judi-
19 cial department may also maintain personnel records and files under such sys-
20 tem as is ordered by the supreme court.
21 (4) The state board of education shall determine the schedules of salary
22 and compensation, and prescribe policies for overtime and compensatory time
23 off from duty, for all officers and employees of the state board of education
24 who are not subject to the provisions of chapter 53, title 67, Idaho Code, and
25 which are not otherwise fixed by law. To the extent possible, the state board
26 of education shall adopt schedules and policies which are compatible with the
27 state's accounting system. The state board of education may also maintain per-
28 sonnel records and files under a system of its own, if approved by the state
29 controller.
30 (5) Members of the legislature, the lieutenant governor, other officers
31 whose salaries are fixed by law, and members of part-time boards, commissions
32 and committees shall be paid according to law.
33 (6) Any schedule of salary and compensation, if not the schedule pre-
34 scribed by section 67-5309C(a), Idaho Code, must be approved by the appointing
35 authority and be communicated to the state controller in writing at least
36 thirty (30) days in advance of the effective date of the schedule.
37 (7) In addition to salary increases provided by any compensation schedule
38 adopted pursuant to paragraph (6) of this section, nonclassified officers and
39 employees, except those who are elected officials or whose salaries are fixed
40 by law, may be granted a lump sum bonus an award not to exceed one five thou-
41 sand dollars ($15,000) in any given fiscal year based upon an affirmative
42 certification of meritorious service. Exceptions to the one five thousand dol-
43 lar ($15,000) limit provided in this section may be granted under extraordi-
44 nary circumstances if approved in advance by the state board of examiners
45 appointing authority. Appointing authorities shall submit a report to the
46 division of financial management and the legislative services office by Octo-
47 ber 1 on all awards granted in the preceding fiscal year.
48 (8) In addition to salary increases provided by any compensation sched-
49 ule, nonclassified officers and employees holding permanent status, except
50 those who are elected officials or whose salaries are fixed by law, may be
51 granted an lump sum bonus award not to exceed one five thousand dollars
52 ($15,000) in any given fiscal year based upon suggestions or recommendations
53 made by the employee which resulted in taxpayer savings as a result of cost
54 savings or greater efficiencies to the department, office or institution or to
55 the state of Idaho in excess of the amount of the bonus award. Exceptions to
4
1 the one five thousand dollar ($15,000) limit provided in this subsection may
2 be granted in extraordinary circumstances if approved in advance by the state
3 board of examiners appointing authority. The appointing authority shall as
4 near as practicable utilize the criteria in conformance with rules promulgated
5 by the division of human resources pursuant to section 67-5309D, Idaho Code.
6 Appointing authorities shall submit a report to the division of financial man-
7 agement and the legislative services office by October 1 on all employee sug-
8 gestion awards granted in the preceding fiscal year. Such report shall include
9 any changes made as a direct result of an employee's suggestion and savings
10 resulting therefrom.
11 (9) Each appointing authority, including the elective offices in the
12 executive department, the legislative department, the judicial department, and
13 the state board of education and the board of regents, shall comply with all
14 reporting requirements necessary to produce the list of employee positions
15 prescribed by section 67-3519, Idaho Code.
16 (10) The adjutant general, with the approval of the governor, shall pre-
17 scribe personnel policies for all officers and employees of the national guard
18 which are not otherwise fixed by law. Such policies will include an employee
19 grievance procedure with appeal to the adjutant general. The adjutant general
20 shall determine schedules of salary and compensation which are, to the extent
21 possible, comparable to the schedules used for federal civil service employees
22 of the national guard and those employees serving in military status. Sched-
23 ules adopted shall be compatible with the state's accounting system to the
24 extent possible.
25 (11) In addition to salary increases provided by any compensation sched-
26 ule, nonclassified officers and employees, except those who are elected offi-
27 cials or whose salaries are fixed by law, may be granted award pay for
28 recruitment or retention purposes based upon affirmative certification of mer-
29 itorious service after completion of at least six (6) months of service.
30 Appointing authorities shall submit a report to the division of financial man-
31 agement and the legislative services office by October 1 on all such awards
32 granted in the preceding fiscal year.
33 (12) In addition to salary increases provided by any compensation sched-
34 ule, nonclassified officers and employees, except those who are elected offi-
35 cials or whose salaries are fixed by law, may be granted other pay as provided
36 in this subsection. Appointing authorities shall submit a report to the divi-
37 sion of financial management and the legislative services office by October 1
38 on all such awards granted in the preceding fiscal year.
39 (a) Shift differential pay up to twenty-five percent (25%) of hourly
40 rates depending on local market rates in order to attract and retain qual-
41 ified staff.
42 (b) Geographic differential pay in areas of the state where recruitment
43 and retention are difficult due to economic conditions and cost of living.
44 (13) In unusual circumstances, when a distribution has been approved for
45 classified employees pursuant to section 67-5309D, Idaho Code, each appointing
46 authority, including the elective offices in the executive branch, the legis-
47 lative branch, the judicial branch, and the state board of education and the
48 board of regents of the university of Idaho, may grant nonclassified employees
49 nonmerit pay in the same proportion as received by classified employees in
50 that department or institution. Appointing authorities shall submit a report
51 to the division of financial management and the legislative services office by
52 October 1 on all such awards granted in the preceding fiscal year.
53 (14) Each appointing authority, shall as nearly as practicable, utilize
54 the criteria for reimbursement of moving expenses in conformance with section
55 67-5337, Idaho Code, and rules promulgated by the division of human resources
5
1 pursuant thereto. Appointing authorities shall submit a report to the division
2 of financial management and the legislative services office by October 1 on
3 all moving reimbursements granted in the preceding fiscal year.
4 (15) Specific pay codes shall be established and maintained in the state
5 controller's office to ensure accurate reporting and monitoring of all pay
6 actions authorized in this section.
7 SECTION 4. That Section 59-1606, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 59-1606. VACATION TIME. (1) Eligible nonclassified officers and employees
10 in the executive department and in the legislative department shall accrue
11 vacation leave and take vacation leave at the same rate and under the same
12 conditions as is provided in sections 67-5334, and 67-5335, Idaho Code, for
13 classified officers and employees.
14 (a) The state board of examiners shall adopt comparative tables and
15 charts to compute vacation time on daily, weekly, bi-weekly, calendar
16 month and annual periods.
17 (2) Eligible nonclassified officers and employees in the judicial depart-
18 ment shall accrue vacation leave as determined by order of the supreme court.
19 Leave policies established by the supreme court must be communicated to
20 the state controller in writing at least one hundred eighty (180) days in
21 advance of the effective date of the policies.
22 (3) The state board of education shall determine the vacation leave poli-
23 cies for all officers and employees of the state board of education who are
24 not subject to the provisions of chapter 53, title 67, Idaho Code. To the
25 extent possible, the state board of education shall adopt policies which are
26 compatible with the state's accounting system.
27 Any policy and procedures determined by the state board of education must
28 be communicated to the state controller in writing at least one hundred eighty
29 (180) days in advance of the effective date of the policy and procedures.
30 SECTION 5. That Section 59-1607, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 59-1607. HOURS OF WORK -- OVERTIME. (1) It is the policy of the legisla-
33 ture of the state of Idaho that all classified and nonclassified officers and
34 employees of state government shall be treated equally substantially similar
35 with reference to hours of employment, holidays and vacation leave, except as
36 provided in this chapter. The policy of this state shall not restrict the
37 extension of regular work hour schedules on an overtime basis, which shall be
38 the same for classified and nonclassified employees, in those activities and
39 duties where such extension is necessary and authorized by the appointing
40 authority.
41 (2) The appointing authority of any department shall determine the neces-
42 sity for overtime work and shall provide for cash compensation or compensatory
43 time off for such overtime work for eligible classified and nonclassified
44 officers and employees.
45 (3) Classified and nonclassified officers and employees who fall within
46 one (1) or more of the following categories are ineligible for cash compensa-
47 tion or compensatory time for overtime work:
48 (a) Elected officials; or
49 (b) Those included in the definition of section 67-5303(j), Idaho Code.
50 (4) Classified and nonclassified employees who are designated as execu-
51 tive, as provided in section 67-5302, Idaho Code, who are designated as exempt
6
1 under any other complete exemption in the federal law fair labor standards
2 act, and who are not included in the definition of subsection (3) of this sec-
3 tion, shall be ineligible for compensatory time or cash compensation for over-
4 time work, but such classified and nonclassified employees shall be allowed
5 compensatory time off from duty for overtime work. Such compensatory time
6 shall be earned and allowed on a one (1) hour for one (1) hour basis not to
7 exceed two hundred forty (240) hours. Accrued compensatory time off earned
8 under this section shall not be transferable, and shall be forfeited at the
9 time of transfer to another appointing authority or upon separation from state
10 service. Unused compensatory time balances in excess of two hundred forty
11 (240) hours as of the date of enactment of this act shall be forfeited on
12 December 31, 2008. Unused compensatory time balances of two hundred forty
13 (240) hours or less shall be forfeited on December 31, 2006.
14 (5) Classified and nonclassified officers and employees who are desig-
15 nated as administrative or professional as provided in section 67-5302, Idaho
16 Code, or who are designated as exempt under any other complete exemption in
17 the federal law fair labor standards act, and who are not included in the def-
18 inition of subsection (3) of this section, shall be ineligible for cash com-
19 pensation for overtime work unless cash payment is authorized by the state
20 board of examiners for overtime accumulated during unusual or emergency situa-
21 tions, but such classified and nonclassified officers and employees shall be
22 allowed compensatory time off from duty for overtime work. Such compensatory
23 time shall be earned and allowed on a one (1) hour for one (1) hour basis,
24 shall not be transferable, and shall be forfeited at the time of transfer to
25 another appointing authority or upon separation from state service.
26 (6) Classified and nonclassified officers and employees who are not des-
27 ignated as executive, administrative or professional as provided in section
28 67-5302, Idaho Code, who are not designated as exempt under any other complete
29 exemption in the federal law fair labor standards act, and who are not
30 included in the definition of subsection (3) of this section, shall be eligi-
31 ble for cash compensation or compensatory time off from duty for overtime
32 work, subject to the restrictions of applicable federal law. Compensatory time
33 off may be provided in lieu of cash compensation at the discretion of the
34 appointing authority after consultation, in advance, with the employee. Com-
35 pensatory time off shall be paid at the rate of one and one-half (1 1/2) hours
36 for each overtime hour worked. Compensatory time off which has been earned
37 during any one-half (1/2) fiscal year but not taken by the end of the succeed-
38 ing one-half (1/2) fiscal year, shall be paid in cash on the first payroll
39 following the close of such succeeding one-half (1/2) fiscal year. Compensa-
40 tory time not taken at the time of transfer to another appointing authority or
41 upon separation from state service shall be liquidated at the time of such
42 transfer or separation by payment in cash.
43 SECTION 6. That Section 67-3511, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-3511. TRANSFER OF LEGISLATIVE APPROPRIATIONS. (1) No appropriations
46 made by the Idaho legislature may be transferred from one object code to
47 another except with the consent of the state board of examiners upon applica-
48 tion duly made by the head of any department, office or institution of the
49 state (including the elected officers in the executive department and the
50 state board of education). No appropriation made for expenses other than per-
51 sonnel costs shall be expended for personnel costs of the particular depart-
52 ment, office or institution for which it is appropriated, provided however,
53 that employee suggestion awards made pursuant to sections 59-1603 and
7
1 67-5309D, Idaho Code, may be made from the object code in which the savings
2 were realized.
3 (2) Legislative appropriations may be transferred from one program to
4 another within an agency upon application duly made by the head of any depart-
5 ment, office or institution of the state and approval of the application by
6 the administrator of the division of financial management and the board of
7 examiners provided the requested transfer is not more than ten per cent per-
8 cent (10%) cumulative change from the appropriated amount for any program
9 affected by the transfer. Requests for transfers above ten per cent percent
10 (10%) cumulative change must, in addition to the above, be approved by legis-
11 lative appropriation. Legislative appropriations shall not be transferred from
12 one fund to another fund unless expressly approved by the legislature.
13 (3) All moneys appropriated to any agency of the state of Idaho for the
14 purpose of capital outlay shall be used for that purpose and not for any other
15 purpose.
16 (4) The joint finance-appropriations committee may limit the amount of
17 legislative appropriations for personnel costs which can be transferred to
18 other object codes.
19 SECTION 7. That Section 67-5302, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
22 tions of the Idaho Code, each of the terms defined in this section shall have
23 the meaning given in this section unless a different meaning is clearly
24 required by the context. Such terms and their definitions are:
25 (1) "Administrative employee" means any person, nonclassified or classi-
26 fied appointed to a position which meets the following criteria:
27 1.(a) (ai) Responsible office or nonmanual work directly related to the
28 management policies of a department or section; or
29 (bii) Responsible work that is directly related to academic instruc-
30 tion or training carried on in the administration of a school system
31 or educational establishment; and
32 2.(b) The employee must customarily and regularly exercise discretion and
33 independent judgment, as distinguished from using skills and following
34 procedures. The employee must have the authority to make important deci-
35 sions; and
36 3.(c) The employee must:
37 (ai) Regularly assist a bona fide executive or administrative
38 employee; or
39 (bii) Perform work under general supervision along specialized or
40 technical lines requiring special training, experience or knowledge;
41 or
42 (ciii) Execute under only general supervision special assignments;
43 and
44 4.(d) The employee is classified to a position allocated to the pay grade
45 equivalent to two hundred sixty (260) points or higher pursuant to the
46 rating system established by section 67-5309C, Idaho Code rule.
47 5.(e) Final designation of a classified position as "administrative"
48 within this definition shall be made by the administrator of the division
49 of human resources.
50 (2) "Administrator" means the administrator of the division of human
51 resources in the governor's office.
52 (3) "Appointing authority" means the officer, board, commission, person
53 or group of persons authorized by statute or lawfully delegated authority to
8
1 make appointments to or employ personnel in any department.
2 (4) "Class" means a group of positions sufficiently similar as to the
3 duties performed, degree of supervision exercised or required, minimum
4 requirements of training, experience or skill, and other characteristics, that
5 the same title, the same tests of fitness and the same schedule of compensa-
6 tion may be applied to each position in the group.
7 (5) "Classified officer or employee" means any person appointed to or
8 holding a position in any department of the state of Idaho which position is
9 subject to the provisions of the merit examination, selection, retention,
10 promotion and dismissal requirements of chapter 53, title 67, Idaho Code.
11 (6) "Commission" means the Idaho personnel commission.
12 (7) "Compensatory time" means approved time off from duty provided in
13 compensation for overtime hours worked.
14 (8) "Department" means any department, agency, institution or office of
15 the state of Idaho.
16 (9) "Disabled veteran" means an individual who has served on military
17 duty in the armed forces of the United States during any period of war recog-
18 nized by the United States department of veterans affairs for the purposes of
19 awarding federal veterans benefits as may be defined in title 38, U.S. code,
20 chapter 1, section 101(11), or during any other conflict recognized by the
21 award of a campaign or service medal of the United States; and has been sepa-
22 rated therefrom under honorable conditions; and has established the present
23 existence of a service-connected disability; and is receiving compensation,
24 disability retirement benefits, or pension under a public statute as adminis-
25 tered by the department of veterans affairs or a military department.
26 (10) "Earned administrative leave" means hours which exceed the regularly
27 scheduled hours but do not result in overtime. These hours may accrue after
28 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
29 week.
30 (11) "Eligible" means a person who has been determined to be qualified for
31 a classified position and whose name has been placed on the register of eligi-
32 bles.
33 (12) "Executive employee" means any person, nonclassified or classified,
34 appointed to a position equivalent to a bureau chief or above as provided in
35 section 67-2402, Idaho Code, or any employee meeting the following criteria:
36 1.(a) An individual whose primary duty is management of a department,
37 division or section; and
38 2.(b) Who customarily and regularly directs the work of at least two (2)
39 or more other employees therein; and
40 3.(c) Who has the authority to hire and fire, or to recommend hiring and
41 firing; or whose recommendation on these and other actions affecting
42 employees is given particular weight; and
43 4.(d) Who customarily and regularly exercises discretionary powers; and
44 5.(e) Who is classified to a position allocated to the pay grade equiva-
45 lent to two hundred sixty (260) points or higher pursuant to the rating
46 system established by section 67-5309C, Idaho Code rule.
47 6.(f) Final designation of a classified position as "executive" in this
48 definition shall be made by the administrator.
49 (13) "Exempt employee" means any employee, classified or nonclassified,
50 who is determined to be an executive, professional or administrative employee
51 as defined herein, or who qualifies for any other exemption from cash compen-
52 sation for overtime under applicable federal law. Final designation of a clas-
53 sified position as exempt shall be made by the administrator.
54 (14) "Full-time employee" means any employee working a forty (40) hour
55 work week.
9
1 (15) "Holiday" means the following:
2 January 1 (New Year's Day);
3 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
4 Day);
5 Third Monday in February (Washington's Birthday);
6 Last Monday in May (Memorial Day);
7 July 4 (Independence Day);
8 First Monday in September (Labor Day);
9 Second Monday in October (Columbus Day);
10 November 11 (Veterans Day);
11 Fourth Thursday in November (Thanksgiving);
12 December 25 (Christmas).
13 In addition, the term "holiday" shall mean any day so designated by the Presi-
14 dent of the United States or the governor of this state for a public fast,
15 thanksgiving or holiday.
16 In the event that a holiday occurs on a Saturday, the preceding Friday
17 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
18 shall be a holiday.
19 A holiday is a day of exemption from work granted to nonexecutive employ-
20 ees during which said employees shall be compensated as if they actually
21 worked. Employees classified as executive exempt are entitled to ten (10) paid
22 holidays per year. If such an employee works on one (1) of the official holi-
23 days listed in this subsection, then such employee may take an alternative day
24 off but shall not receive additional compensation.
25 (16) "Hours worked" means those hours actually spent in the performance of
26 the employee's job on any day including holidays, and shall not include vaca-
27 tion or sick leave or other approved leave of absence.
28 (17) "Nonclassified employee" means any person appointed to or holding a
29 position in any department of the state of Idaho, which position is exempted
30 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
31 section 67-5303, Idaho Code.
32 (18) "Normal work week" means any forty (40) hours worked during a partic-
33 ular one hundred sixty-eight (168) hour period as previously established by
34 the employee's appointing authority.
35 (19) "Open competitive examination" means an examination which may be
36 taken by qualified applicants to compete on an equal basis for listing on the
37 register of eligibles.
38 (20) "Overtime work" means time worked on holidays and time worked in
39 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
40 secutive hours, except that in the case of those employees engaged in law
41 enforcement, correctional and fire protection activities characterized by
42 irregular shift work schedules, time worked in excess of one hundred sixty
43 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
44 overtime work within the meaning of this chapter.
45 (21) "Participating department" means any department of the state of Idaho
46 which employs persons in classified positions subject to the merit examina-
47 tion, selection, retention, promotion and dismissal requirements of this chap-
48 ter.
49 (22) "Part-time employee" means any employee whose usually scheduled work
50 is less than forty (40) hours in a period of one hundred sixty-eight (168)
51 consecutive hours.
52 (23) "Personnel system" means the procedure for administering employees in
53 accordance with this chapter.
54 (24) "Political office" means a public office for which partisan politics
55 is a basis for nomination, election or appointment.
10
1 (25) "Political organization" means a party which sponsors candidates for
2 election to political office.
3 (26) "Position" means a group of duties and responsibilities legally
4 assigned or delegated by one (1) or more appointing authorities and requiring
5 the employment of one (1) person.
6 (27) "Professional employee" means any person, nonclassified or classi-
7 fied, appointed to a position which meets the following criteria:
8 1.(a) The employee's primary duty must be either:
9 (ai) Work requiring knowledge of an advanced type in a field of
10 science or learning, customarily obtained by a prolonged course of
11 specialized instruction and study; or
12 (bii) Work that is original and creative in character in a recog-
13 nized field of artistic endeavor and the result of which depends pri-
14 marily on his invention, imagination, or talent; or
15 (ciii) Work as a teacher certified or recognized as such in a school
16 system or educational institution by which he is employed; and
17 2.(b) The employee must consistently exercise discretion and judgment;
18 and
19 3.(c) The employee must do work that is predominantly intellectual and
20 varied, as distinguished from routine or mechanical duties; and
21 4.(d) 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 by rule.
24 5.(e) Final designation of a classified position as "professional" within
25 this definition shall be made by the administrator.
26 (28) "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 (29) "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 (30) "Register" means a list of names of persons who have been determined
34 to be eligible for employment in a classified position as determined on the
35 basis of examination and merit factors as established by the administrator.
36 (31) "Seasonal appointment" means an appointment to a position which is
37 permanent in nature, but which has intermittent work periods throughout the
38 year.
39 (32) "Service rating" means a recorded evaluation of work performance and
40 promotional potential of an employee by his supervisor.
41 (33) "Temporary appointment" means appointment to a position which is not
42 permanent in nature, and in which employment will not exceed one thousand
43 three hundred eighty-five (1,385) hours during any twelve (12) month period.
44 No person holding a temporary appointment may work in excess of one thousand
45 three hundred eighty-five (1,385) hours during a twelve (12) month period of
46 time for any one (1) department, except upon petition by the appointing
47 authority of the department of lands that demonstrates good cause, the admin-
48 istrator of the division of human resources may extend the one thousand three
49 hundred eighty-five (1,385) hour limit for employees of the department who are
50 required to perform fire suppression activities.
51 (34) "Vacation leave" means a period of exemption from work granted to
52 employees during which time said employees shall be compensated. The term
53 shall not include compensatory time for overtime work.
54 (35) "Veteran" means any person who has served in the active service of
55 the armed forces of the United States during any period of war recognized by
11
1 the United States department of veterans affairs for the purpose of awarding
2 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
3 section 101(11), or during any other conflict recognized by the award of a
4 campaign or service medal of the United States, and who has been discharged
5 under other than dishonorable conditions.
6 SECTION 8. That Section 67-5309, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
9 MISSION. The administrator of the division of human resources shall have the
10 power and authority to adopt, amend, or rescind such rules as may be necessary
11 for proper administration of this chapter. Such rules shall include:
12 (a) A rule requiring the administrator, after consulting with each
13 department to develop, adopt, and make effective, a job classification system
14 for positions covered by this chapter, based upon an analysis of the duties
15 and responsibilities of the positions. The job classification shall include an
16 appropriate title for each class, and a description of duties and responsibil-
17 ities of positions in the classes and the requirements of minimum training,
18 experience and other qualifications, suitable for the performance of duties of
19 the position.
20 (b) A rule describing the relevant labor markets and benchmark job clas-
21 sifications used in the administrator's salary surveys.
22 (c) A rule requiring that all classes of positions which are common to
23 the departments concerned shall have the same titles, minimum requirements and
24 compensation ranges.
25 (d) A rule providing for review by the administrator of the personnel
26 system including classifications and compensation policies and procedures.
27 (e) A rule that, notwithstanding the procedure for examination and rank-
28 ing of eligibles on a register provided in subsection (f) of this section, an
29 agency may appoint an individual directly into an entrance or promotional pro-
30 bation if the division of vocational rehabilitation, Idaho commission for the
31 blind and visually impaired or the industrial commission certifies, with the
32 concurrence of division of human resources staff, that the individual (1) has
33 a disability or handicap as defined under state or federal law; (2) is quali-
34 fied to perform the essential functions of a particular classified position
35 with or without reasonable accommodation; and (3) lacks competitiveness in the
36 examination process due to the disability or handicap. The probationary period
37 as provided in subsection (j) of this section shall be the sole examination
38 for such individuals.
39 (f) A rule requiring fair and impartial selection of appointees to all
40 positions other than those defined as nonclassified in this chapter, on the
41 basis of open competitive merit examinations or evaluations. An application
42 for an examination will be accepted after the closing date of the examination
43 from a person who was serving in the armed forces, or undergoing hospitaliza-
44 tion of no more than one (1) year following discharge, during any period in
45 which the examination was open; the application must be submitted within one
46 hundred twenty (120) days of separation from the armed forces or hospitaliza-
47 tion and prior to the expiration of the register established as a result of
48 the examination. A disabled veteran may file an application at any time for
49 any position for which the division maintains a register or for which a regis-
50 ter is about to be established, provided he or she has not already been exam-
51 ined twice for the same position and grade for which application is made, does
52 not have current eligibility on that register, or is not serving in a compet-
53 itive position in the same grade for which application is made. Examinations
12
1 may be assembled or unassembled and may include various examining techniques
2 such as rating of training and experience, written tests, oral interviews,
3 recognition of professional licensing, performance tests, investigations and
4 any other measure of ability to perform the duties of the position. Examina-
5 tions shall be scored objectively. Five (5) points shall be added to the
6 earned rating of any war veteran as defined in section 65-506, Idaho Code, and
7 the widow or widower of any war veteran as defined in section 65-506, Idaho
8 Code, as long as he or she remains unmarried. Pursuant to section 65-506,
9 Idaho Code, ten (10) points shall be added to the earned rating of any dis-
10 abled veteran, the widow or widower of any disabled veteran as long as he or
11 she remains unmarried or the spouse of any disabled veteran who is physically
12 unable to perform the work in the position to which the spouse seeks to apply
13 the preference. Employment registers shall be established in order of final
14 score except that the names of all five (5) point preference eligibles result-
15 ing from any merit system or civil service examination shall be placed on the
16 register in accordance with their augmented rating, and the names of all ten
17 (10) point preference eligibles shall be placed at the top of the register
18 above the names of all nonpreference eligibles. Certification of eligibility
19 for appointment to vacancies shall be in accordance with a formula which lim-
20 its selection by the hiring department from among the ten (10) top ranking
21 available eligibles plus the names of all individuals with scores identical to
22 the tenth ranking eligible on the register. A register with at least five (5)
23 eligibles shall be adequate. Selective certification shall be permitted when
24 justified by the hiring department, under rules to be made by the division
25 defining adequate justification based on the duties and requirements of the
26 positions. Such examinations need not be held until after the rules have been
27 adopted, the service classified and a pay plan established, but shall be held
28 not later than one (1) year after departments commence participation in the
29 personnel system.
30 (g) A rule that, whenever practicable, a vacancy in a classified position
31 shall be filled by the promotion of a qualified permanent employee of the
32 agency in which the vacancy occurs. An interagency promotion shall be made
33 through competitive examination and all qualified state employees shall have
34 the opportunity to compete for such promotions. If an employee's name appears
35 within certifiable range on a current register for a higher class of position,
36 he shall be eligible for a transfer and promotion.
37 (h) A rule for development and maintenance of a system of service ratings
38 and the use of such ratings by all departments in connection with promotions,
39 demotions, retentions, separations and reassignments. The rule shall require
40 that an evaluation of each classified employee shall be made after each two
41 thousand eighty (2,080) hour period of credited state service, and that a copy
42 of the evaluation shall be filed with the division.
43 (i) A rule prohibiting disqualification of any person from taking an
44 examination, from appointment to a position, from promotion, or from holding a
45 position because of race or national origin, color, sex, age, political or
46 religious opinions or affiliations, and providing for right of appeal.
47 (j) A rule establishing a probation period not to exceed one thousand
48 forty (1,040) hours of credited state service for all appointments and promo-
49 tions, except that peace officers as defined in section 19-5101, Idaho Code,
50 shall be subject to a probation period of two thousand eighty (2,080) hours of
51 credited state service, and for the appointing authority to provide the
52 employee and the administrator a performance evaluation indicating satisfac-
53 tory or unsatisfactory performance not later than thirty (30) days after the
54 expiration of the probationary period. The rule shall provide that if the
55 appointing authority fails to provide a performance evaluation within thirty
13
1 (30) days after the expiration of the probationary period, the employee shall
2 be deemed to have satisfactorily completed the probation unless the appointing
3 authority receives approval from the administrator to extend the probationary
4 period for good cause for an additional specified period not to exceed one
5 thousand forty (1,040) hours of credited state service. If an employee is per-
6 forming in an unsatisfactory manner during the entrance probationary period,
7 the appointing authority shall ask the employee to resign, and if no resigna-
8 tion is submitted, shall terminate the employment of such employee without the
9 right of grievance or appeal.
10 (k) A rule concerning provisional appointments.
11 (l) A rule concerning temporary appointments.
12 (m) A rule governing the employment of consultants and persons retained
13 under independent contract.
14 (n) A rule for the disciplinary dismissal, demotion, suspension or other
15 discipline of employees only for cause with reasons given in writing. Such
16 rule shall provide that any of the following reasons shall be proper cause for
17 the disciplinary dismissal, demotion or suspension of any employee in the
18 state classified service:
19 1. Failure to perform the duties and carry out the obligations imposed by
20 the state constitution, state statutes and rules of the employee's depart-
21 ment, or rules of the administrator or the division.
22 2. Inefficiency, incompetency, or negligence in the performance of
23 duties, or job performance that fails to meet established performance
24 standards.
25 3. Physical or mental incapability for performing assigned duties.
26 4. Refusal to accept a reasonable and proper assignment from an autho-
27 rized supervisor.
28 5. Insubordination or conduct unbecoming a state employee or conduct det-
29 rimental to good order and discipline in the employee's department.
30 6. Intoxication on duty.
31 7. Careless, negligent, or improper use or unlawful conversion of state
32 property, equipment or funds.
33 8. Use of any influence which violates the principles of the merit system
34 in an attempt to secure a promotion or privileges for individual advan-
35 tage.
36 9. Conviction of official misconduct in office, or conviction of any fel-
37 ony, or conviction of any other crime involving moral turpitude.
38 10. Acceptance of gifts in exchange for influence or favors given in the
39 employee's official capacity.
40 11. Habitual pattern of failure to report for duty at the assigned place
41 and time.
42 12. Habitual improper use of sick leave privileges.
43 13. Unauthorized disclosure of confidential information from official
44 records.
45 14. Absence without leave.
46 15. Misstatement or deception in the application for the position.
47 16. Failure to obtain or maintain a current license or certificate law-
48 fully required as a condition for performing the duties of the job.
49 17. Prohibited participation in political activities.
50 (o) A rule to establish procedures for maintenance of a record of the
51 employment history and appropriate information relating to performance of all
52 employees under the personnel system. For the purposes of this rule, the state
53 shall be considered one (1) employer.
54 (p) Rules to provide for recruitment programs in cooperation with depart-
55 ment heads and the employment security agency in keeping with current employ-
14
1 ment conditions and labor market trends.
2 (q) Rules to establish procedures for examinations as necessary for the
3 purpose of maintaining current registers from which to fill employment vacan-
4 cies.
5 (r) Other rules not inconsistent with the foregoing provisions of this
6 section as may be necessary and proper for the administration and enforcement
7 of this chapter.
8 (s) A rule concerning "project exempt" appointments.
9 (t) Rules relating to leave for state employees from official duties
10 including, but not limited to, sick leave, military leave, jury duty, leaves
11 of absence without compensation and such other forms of absence from perfor-
12 mance of duties in the course of state employment as may be necessary.
13 (u) A rule providing for five percent (5%) up to twenty-five percent
14 (25%) shift differential pay based on local market practices.
15 (v) A rule to establish guidelines for awarding employee suggestion
16 awards set forth in sections 59-1603 and 67-5309D, Idaho Code.
17 (w) A rule to establish the reimbursement of moving expenses for a cur-
18 rent or newly-hired state employee.
19 (x) A rule to allow, at the request of the hiring agency, temporary and
20 acting appointment service time to count toward fulfilling entrance probation-
21 ary requirements as established in section 67-5309(j), Idaho Code.
22 SECTION 9. That Section 67-5309A, Idaho Code, be, and the same is hereby
23 repealed.
24 SECTION 10. That Chapter 53, Title 67, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 67-5309A, Idaho Code, and to read as follows:
27 67-5309A. STATE EMPLOYEE COMPENSATION PHILOSOPHY. (1) It is hereby
28 declared to be the intent of the legislature of the state of Idaho that the
29 goal of a total compensation system for state employees shall be to fund a
30 competitive employee compensation and benefit package that will attract quali-
31 fied applicants to the work force; retain employees who have a commitment to
32 public service excellence; motivate employees to maintain high standards of
33 productivity; and reward employees for outstanding performance.
34 (2) The foundation for this philosophy recognizes that state government
35 is a service enterprise in which the state work force provides the most criti-
36 cal role for Idaho citizens. Maintaining a competitive compensation system is
37 an integral, necessary and expected cost of providing the delivery of state
38 services and is based on the following compensation standards:
39 (a) The state's overall compensation system, which includes both a salary
40 and a benefit component, when taken as a whole shall be competitive with
41 relevant labor market averages.
42 (b) Advancement in pay shall be based on job performance and market
43 changes.
44 (c) Pay for performance shall provide faster salary advancement for
45 higher performers based on a merit increase matrix developed by the divi-
46 sion of human resources.
47 (d) All employees below the state's midpoint market average in a salary
48 range who are meeting expectations in the performance of their jobs shall
49 move through the pay range toward the midpoint market average.
50 (3) It is hereby declared to be legislative intent that regardless of
51 specific budgetary conditions from year to year, it is vital to fund necessary
52 compensation adjustments each year to maintain market competitiveness in the
15
1 compensation system. In order to provide this funding commitment in difficult
2 fiscal conditions, it may be necessary to increase revenues, or to prioritize
3 and eliminate certain functions or programs in state government, or to reduce
4 the overall number of state employees in a given year, or any combination of
5 such methods.
6 SECTION 11. That Section 67-5309B, Idaho Code, be, and the same is hereby
7 repealed.
8 SECTION 12. That Chapter 53, Title 67, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 67-5309B, Idaho Code, and to read as follows:
11 67-5309B. IDAHO COMPENSATION PLAN. (1) The administrator of the division
12 of human resources shall establish benchmark job classifications and shall
13 assign all classifications to a pay grade utilizing the Hay profile method in
14 combination with market data. Pay grades established or revised by the admin-
15 istrator shall appropriately weigh Hay points and market data to ensure inter-
16 nal equity and market equity within the classified service.
17 (2) It shall be the responsibility of each department director to prepare
18 a department salary administration plan and corresponding budget plan that
19 supports the core mission of the department and is consistent with the provi-
20 sions of section 67-5309A, Idaho Code.
21 (3) Advancement in pay shall be based on performance and market changes
22 and be provided in a variety of delivery methods, including ongoing increases,
23 temporary increases and market related payline moves. Market related payline
24 moves may advance all eligible employees as well as the structure to avoid
25 compression in the salary system.
26 (4) Pay for performance shall provide faster salary advancement for
27 higher performers based on a merit increase matrix developed by the division
28 of human resources. Such matrix shall be based upon the employee's proximity
29 to the state midpoint market average, and the employee's relative performance.
30 Such matrix may be adapted by each agency to meet its specific needs when
31 approved by the division of human resources.
32 (5) No employee shall advance in a salary range without a performance
33 evaluation on file certifying that the employee meets the performance criteria
34 of the assigned position.
35 (6) Each employee's work performance shall be evaluated through a format
36 and process approved by the department and the division of human resources.
37 The employee shall be evaluated after one thousand forty (1,040) hours of
38 credited state service from the date of initial appointment or promotion, and
39 thereafter be evaluated after each two thousand eighty (2,080) hours of cred-
40 ited state service. Employees may be eligible for advancement in pay if certi-
41 fied as meeting the performance requirements of this section. However, such
42 in-grade advancement shall not be construed as a vested right. The department
43 director shall designate in writing whether such in-grade advancement is tem-
44 porary, conditional or permanent. It shall be the specific responsibility of
45 the employee's immediate supervisor to effect the evaluation process. Such
46 evaluation shall be approved by the department director or the director's des-
47 ignee.
48 (7) All supervisors who evaluate state employees shall receive training
49 in the evaluation format and process to assure fairness and consistency in the
50 evaluation process.
51 (8) Notwithstanding any other provision of Idaho Code, it is hereby
52 declared to be the policy of the legislature of the state of Idaho that all
16
1 classified employees of like classification and pay grade allocation shall be
2 treated in a substantially similar manner with reference to personnel bene-
3 fits.
4 SECTION 13. That Section 67-5309C, Idaho Code, be, and the same is hereby
5 repealed.
6 SECTION 14. That Chapter 53, Title 67, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 67-5309C, Idaho Code, and to read as follows:
9 67-5309C. ANNUAL SURVEYS, REPORTS AND RECOMMENDATIONS. (1) The adminis-
10 trator of the division of human resources shall conduct or approve annual sal-
11 ary and benefit surveys within relevant labor markets to determine salary
12 ranges and benefit packages that represent competitive labor market average
13 rates and benefits provided by private industry and other governmental units.
14 (2) A report of the results of the annual salary and benefit surveys and
15 recommendations for changes to meet the requirements of section 67-5309A,
16 Idaho Code, together with their estimated costs of implementation, shall be
17 submitted to the governor and the legislature not later than the first day of
18 December of each year. The recommendation shall include, at a minimum, four
19 (4) components to address the compensation philosophy described in section
20 67-5309A, Idaho Code, and shall include specific funding recommendations for
21 each component:
22 (a) A recommendation for market related changes necessary to address sys-
23 tem wide structure adjustments to stay competitive with relevant labor
24 markets. Such recommendation may include a market related payline adjust-
25 ment for all eligible employees, as well as the structure, to avoid com-
26 pression in the salary system.
27 (b) A recommendation for market related changes necessary to address spe-
28 cific occupational inequities.
29 (c) A recommendation for a merit increase component to recognize and
30 reward state employees in the performance of public service to the citi-
31 zens of Idaho.
32 (d) A recommendation for any changes to the employee benefit package,
33 including any adjustments to the overall design of the benefit package
34 and/or employee contributions.
35 (3) The governor shall submit his own recommendations on proposed changes
36 in salaries and benefits to the legislature prior to the seventh legislative
37 day of each session. Such recommendation shall address, at a minimum, the four
38 (4) components and subsequent funding for each component required in this sec-
39 tion.
40 (4) The legislature may, by concurrent resolution, accept, modify or
41 reject the governor's recommendations, but any such action by the legislature,
42 at a minimum, shall address the four (4) components and subsequent funding of
43 each component required in this section. The failure of the legislature to
44 accept, modify or reject the recommendations prior to adjournment sine die
45 shall constitute approval of the governor's recommendations, and such recom-
46 mendations shall be funded through appropriations provided by law. The admin-
47 istrator of the division of human resources shall implement necessary and
48 authorized changes to salary and pay schedule by rule. The director of the
49 department of administration shall implement necessary and authorized changes
50 to benefits by rule.
51 SECTION 15. That Chapter 53, Title 67, Idaho Code, be, and the same is
17
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 67-5309D, Idaho Code, and to read as follows:
3 67-5309D. OTHER PAY DELIVERY OPTIONS. (1) In addition to pay increases
4 authorized in section 67-5309B, Idaho Code, the department director may grant
5 a classified employee holding permanent status bonus pay not to exceed five
6 thousand dollars ($5,000) in any given fiscal year based upon exemplary per-
7 formance. Exceptions to the five thousand dollar ($5,000) limit provided in
8 this subsection (1) may be granted in extraordinary circumstances if approved
9 in advance by the department director. Departments shall submit a report to
10 the division of financial management and the legislative services office by
11 October 1 on all bonuses granted in the preceding fiscal year.
12 (2) In addition to pay increases authorized in section 67-5309B, Idaho
13 Code, the department director may grant a classified employee holding perma-
14 nent status an award payment based upon suggestions or recommendations made by
15 the employee which resulted in taxpayer savings as a result of cost savings or
16 greater efficiencies to the department or to the state of Idaho in excess of
17 the amount of the award, and in compliance with the rules for employee sugges-
18 tion awards promulgated by the division of human resources. The award may be
19 an amount up to twenty-five percent (25%) of the amount determined to be the
20 dollar savings to the state, but not in excess of five thousand dollars
21 ($5,000). Exceptions to the five thousand dollar ($5,000) limit provided in
22 this subsection (2) may be granted in extraordinary circumstances if approved
23 in advance by the department director. Departments shall submit a report to
24 the division of financial management and the legislative services office by
25 October 1 on all employee suggestion awards granted in the preceding fiscal
26 year. Such report shall include any changes made as a direct result of an
27 employee's suggestion and savings resulting therefrom.
28 (3) In addition to pay increases authorized in section 67-5309B, Idaho
29 Code, the department director may grant award pay to a classified employee
30 holding permanent status for recruitment or retention purposes upon completion
31 of at least six (6) months of achieving performance standards. Departments
32 shall submit a report to the division of financial management and the legisla-
33 tive services office by October 1 on all such awards granted in the preceding
34 fiscal year.
35 (4) In addition to pay increases authorized in section 67-5309B, Idaho
36 Code, department directors may provide a classified employee holding permanent
37 status other nonperformance related pay as provided in this subsection (4).
38 Departments shall submit a report to the division of financial management and
39 the legislative services office by October 1 on all such awards granted in the
40 preceding fiscal year.
41 (a) Shift differential pay up to twenty-five percent (25%) of hourly
42 rates depending on local market rates in order to attract and retain qual-
43 ified staff.
44 (b) Geographic differential pay in areas of the state where recruitment
45 and retention of qualified staff are difficult due to economic conditions
46 and cost of living.
47 (5) When necessary to obtain or retain qualified personnel in a particu-
48 lar classification, upon petition of the department to the administrator con-
49 taining acceptable reasons therefor, a higher temporary pay grade may be
50 authorized by the administrator which, if granted, shall be reviewed annually
51 to determine the need for continuance.
52 (6) In unusual circumstances, with prior approval from the administrators
53 of the division of human resources and the division of financial management,
54 agencies may grant nonperformance related pay to employees, which in no case
18
1 may exceed five percent (5%) of an employee's base pay. Departments shall sub-
2 mit a report to the division of financial management and the legislative ser-
3 vices office by October 1 on all such awards granted in the preceding fiscal
4 year.
5 (7) Specific pay codes shall be established and maintained in the state
6 controller's office to ensure accurate reporting and monitoring of all pay
7 actions authorized in this section.
8 SECTION 16. That Section 67-5326, Idaho Code, be, and the same is hereby
9 repealed.
10 SECTION 17. That Sections 67-5328, 67-5329, 67-5330 and 67-5331, Idaho
11 Code, be, and the same are hereby amended to read as follows:
12 67-5328. OVERTIME COMPENSATION -- ELIGIBILITY STATE POLICY -- OVERTIME.
13 (1) It is hereby declared to be the policy of the legislature of the state of
14 Idaho that all classified employees shall be treated substantially similar
15 with reference to hours of employment. The policy of this state as declared in
16 this act shall not restrict the extension of regular work hour schedules on an
17 overtime basis in those activities and duties where such extension is neces-
18 sary and authorized, provided that overtime work performed under such exten-
19 sion is compensated for as hereinafter provided.
20 (2) The appointing authority of any department shall determine the neces-
21 sity for overtime work and shall provide for cash compensation or compensatory
22 time off for such overtime work for eligible classified officers and employ-
23 ees, subject to the restrictions of applicable federal law.
24 67-5329. CASH FOR OVERTIME -- COMPENSATORY TIME.
25 (13) Cash for overtime and compensatory time shall be paid based on the
26 following criteria:
27 (a) Classified and nonclassified officers and employees who fall within
28 one (1) or more of the following categories are ineligible for cash com-
29 pensation or compensatory time for overtime work:
30 (ai) Elected officials; or
31 (bii) Those included in the definition of section 67-5303(j), Idaho
32 Code.
33 (2b) Classified and nonclassified employees who are designated as execu-
34 tive, as provided in section 67-5302, Idaho Code, who are designated as
35 exempt under any other complete exemption in the federal law fair labor
36 standards act, and who are not included in the definition of subsection
37 (13)(a) of this section, shall be ineligible for compensatory time or cash
38 compensation for overtime work, but such classified and nonclassified
39 employees shall be allowed compensatory time off from duty for overtime
40 work. Such compensatory time shall be earned and allowed on a one (1) hour
41 for one (1) hour basis not to exceed two hundred forty (240) hours.
42 Accrued compensatory time off earned under this section shall not be
43 transferable, and shall be forfeited at the time of transfer to another
44 appointing authority or upon separation from state service. Unused compen-
45 satory time balances in excess of two hundred forty (240) hours as of the
46 date of enactment of this act shall be forfeited on December 31, 2008.
47 Unused compensatory time balances of two hundred forty (240) hours or less
48 shall be forfeited on December 31, 2006.
49 (3c) Classified and nonclassified employees who are designated as admin-
50 istrative or professional, as provided in section 67-5302, Idaho Code, or
51 who are designated as exempt under any other complete exemption in the
52 federal law fair labor standards act, and who are not included in the def-
19
1 inition of either subsection (13)(a) or (3)(b) of this section, shall be
2 ineligible for cash compensation for overtime work unless cash payment is
3 authorized by the state board of examiners for overtime accumulated during
4 unusual or emergency situations, but such classified and nonclassified
5 employees shall be allowed compensatory time off from duty for overtime
6 work. Such compensatory time shall be earned and allowed on a one (1) hour
7 for one (1) hour basis, shall not be transferable, and shall be forfeited
8 at the time of transfer to another appointing authority or upon separation
9 from state service.
10 (4d) Classified employees who are not designated as executive, adminis-
11 trative or professional as provided in section 67-5302, Idaho Code, who
12 are not designated as exempt under any other complete exemption in the
13 federal law fair labor standards act, and who are not included in the def-
14 inition of subsection (13)(a) of this section, shall be eligible for cash
15 compensation or compensatory time off from duty for overtime work, subject
16 to the restrictions of applicable federal law. Compensatory time off may
17 be provided in lieu of cash compensation at the discretion of the appoint-
18 ing authority after consultation, in advance, with the employee. Compensa-
19 tory time off shall be paid at the rate of one and one-half (1 1/2) hours
20 for each overtime hour worked. Compensatory time off which has been earned
21 during any one-half (1/2) fiscal year but not taken by the end of the suc-
22 ceeding one-half (1/2) fiscal year, shall be paid in cash on the first
23 payroll following the close of such succeeding one-half (1/2) fiscal year.
24 Compensatory time not taken at the time of transfer to another appointing
25 authority or upon separation from state service shall be liquidated at the
26 time of such transfer or separation by payment in cash.
27 67-5330. RATE OF OVERTIME COMPENSATION WHEN PAID IN CASH.
28 (4) Cash compensation for overtime, when paid, shall be at one and one-
29 half (1 1/2) times the hourly rate of that officer's or employee's salary or
30 wage, except for those employees whose positions fall within the definitions
31 of executive, administrative or professional as stated in section 67-5302,
32 Idaho Code, who will be paid at their regular hourly rate of pay as provided
33 for in subsection 67-5329, Idaho Code (3) of this section.
34 67-5331. OVERTIME COMPENSATION -- WHEN PAID.
35 (5) Except as provided for in subsection 67-5329, Idaho Code (3) of this
36 section, compensation for authorized overtime work shall be made at the com-
37 pletion of the pay period next following the pay period in which the overtime
38 work occurred and shall be added to the regular salary payment.
39 SECTION 18. That Sections 67-5333 and 67-5339, Idaho Code, be, and the
40 same are hereby amended to read as follows:
41 67-5333. SICK LEAVE. COMPUTATION. (1) Sick leave shall be computed as
42 follows:
43 (a) The rate per hour at which sick leave shall accrue to classified
44 officers and employees earning credited state service shall be at the rate
45 represented by the proportion 96/2080. Sick leave shall accrue without
46 limit, and shall be transferable from department to department.
47 (2b) Sick leave shall not accrue to any officer or employee on any kind
48 of leave of absence without pay, suspension without pay or layoff. Sick
49 leave shall accrue while an officer or employee is on approved leave with
50 pay, on approved vacation leave, on approved military leave with pay, and
51 on approved sick leave, but not when compensatory time or earned adminis-
52 trative leave is taken.
53 (3c) All accrued sick leave shall be forfeited at the time of separation
20
1 from state service and no officer or employee shall be reimbursed for
2 accrued sick leave at the time of separation, except as provided in
3 subsection 67-5339, Idaho Code (2) of this section. If such officer or
4 employee returns to credited state service within three (3) years of such
5 separation, all sick leave credits accrued at the time of separation shall
6 be reinstated, except to the extent that unused sick leave was utilized
7 for the purposes specified in subsection 67-5339, Idaho Code (2) of this
8 section.
9 (4d) Sick leave shall be taken on a workday basis. Regularly scheduled
10 days off and officially designated holidays falling within a period of
11 sick leave shall not be counted against sick leave. Sick leave shall not
12 be taken in advance of being earned.
13 (5e) In cases where absences for sick leave exceed three (3) consecutive
14 working days, the appointing authority may require verification by a phy-
15 sician or other authorized practitioner.
16 (6f) If an absence for illness or injury extends beyond the sick leave
17 accrued to the credit of the officer or employee, the officer or employee
18 may be granted leave without pay.
19 (7g) The administrator shall prescribe additional requirements for sick
20 leave for classified officers and employees on a part-time or irregular
21 schedule, for maintaining sick leave records, for funeral leave, and such
22 other applicable purposes as necessary.
23 67-5339. USE OF UNUSED SICK LEAVE.
24 (12) Unused sick leave may be used as follows:
25 (a) Upon separation from state employment by retirement in accordance
26 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an
27 employee's unused sick leave shall be determined based on accumulated sick
28 leave earned subsequent to July 1, 1976, and shall be reported by the
29 employer to the public employee retirement system. Upon separation from
30 state employment by retirement in accordance with chapter 20, title 1,
31 Idaho Code, an employee's unused sick leave shall be determined based on
32 accumulated sick leave earned subsequent to July 1, 2000, and shall be
33 reported by the employer to the public employee retirement system. A sum
34 equal to one-half (1/2), or the maximum amount allowed by subsection (2)
35 paragraph (b) of this subsection (2), whichever is the lesser, of the mon-
36 etary value of such unused sick leave, calculated at the rate of pay for
37 such employee at the time of retirement, shall be transferred from the
38 sick leave account provided by subsection (3) paragraph (c) of this
39 subsection (2) and shall be credited to such employee's retirement
40 account. Such sums shall be used by the Idaho public employee retirement
41 board to pay premiums for such group health, accident, and life insurance
42 programs as may be maintained by the state, to the extent of the funds
43 credited to the employee's account pursuant to this section. Upon an
44 employee's death, any unexpended sums remaining in the account shall
45 revert to the sick leave account.
46 (2b) For the purposes of determining the monetary value of unused sick
47 leave, the maximum unused sick leave which may be considered, shall be:
48 (ai) During the first ten thousand four hundred (10,400) hours of
49 credited state service, the maximum unused sick leave which may be
50 considered shall be four hundred twenty (420) hours;
51 (bii) During the second ten thousand four hundred (10,400) hours of
52 credited state service, the maximum unused sick leave which may be
53 considered shall be four hundred eighty (480) hours;
54 (ciii) During the third ten thousand four hundred (10,400) hours of
55 credited state service, the maximum unused sick leave which may be
21
1 considered shall be five hundred forty (540) hours; and
2 (div) Thereafter, the maximum unused sick leave which may be consid-
3 ered shall be six hundred (600) hours.
4 (3c) Each employer in state government shall contribute to a sick leave
5 account maintained by the public employee retirement system exclusively
6 for the purpose of the provisions of this section. The rate of such con-
7 tribution each pay period shall consist of a percentage of employees' sal-
8 aries as determined by the board, and such rate shall remain in effect
9 until next determined by the board. Any excess balance in the sick leave
10 account shall be invested, and the earnings therefrom shall accrue to the
11 sick leave account except the amount required by the board to defray
12 administrative expenses. All moneys payable to the sick leave account are
13 hereby perpetually appropriated to the board, and shall not be included in
14 its departmental budget. The state insurance fund and public health dis-
15 tricts shall be considered employers in state government for purposes of
16 participation under this section.
17 SECTION 19. That Sections 67-5334, 67-5335 and 67-5337, Idaho Code, be,
18 and the same are hereby amended to read as follows:
19 67-5334. VACATION TIME. COMPUTATION. (1) Vacation time shall be computed
20 as follows:
21 (a) Vacation time shall not accrue to any officer or employee on any kind
22 of leave of absence without pay, suspension without pay or layoff. Vaca-
23 tion leave shall accrue while an officer or employee is on approved leave
24 with pay, on approved vacation leave, on approved military leave with pay,
25 and on approved sick leave, but not when compensatory time or earned
26 administrative leave is taken.
27 (2b) The rate per hour at which vacation leave shall accrue to eligible
28 classified officers and employees earning credited state service who are
29 covered and nonexempt under the federal fair labor standards act shall be
30 at the rate represented by the proportion 96/2080 during the first ten
31 thousand four hundred (10,400) hours of credited state service; at the
32 rate represented by the proportion 120/2080 during the second ten thousand
33 four hundred (10,400) hours of credited state service; at the rate repre-
34 sented by the proportion 144/2080 during the third ten thousand four hun-
35 dred (10,400) hours of credited state service; and at the rate represented
36 by the proportion 168/2080 thereafter.
37 (c) Classified officers and employees earning credited state service and
38 defined as an exempt "professional," "administrative," or "computer
39 worker" under the federal fair labor standards act shall be at the rate
40 represented by the proportion 120/2080 during the first ten thousand four
41 hundred (10,400) hours of credited state service; at the rate represented
42 by the proportion 144/2080 during the second ten thousand four hundred
43 (10,400) hours of credited state service; and at the rate represented by
44 the proportion 168/2080 thereafter.
45 (d) Classified officers and employees earning credited state service and
46 defined as an exempt "executive" under the federal fair labor standards
47 act shall be at the rate represented by the proportion 200/2080.
48 67-5335. VACATION TIME -- ELIGIBILITY -- MAXIMUM TIME -- RIGHT TO ANNUAL
49 VACATION.
50 (12) Eligibility and use of vacation time shall be determined as follows:
51 (a) An appointing authority shall permit each officer or employee to take
52 vacation leave to the extent such leave has accrued.
53 (2b) Vacation leave may be accrued and accumulated only as follows,
22
1 unless amounts in excess of the permitted accumulations have been
2 expressly authorized in writing by the board of examiners during unusual
3 or emergency situations:
4 During the first ten thousand four hundred (10,400) hours of credited
5 state service, vacation leave may be accrued and accumulated to a maximum of
6 one hundred ninety-two (192) hours; employees classified as "executive" under
7 the federal fair labor standards act may accrue and accumulate vacation leave
8 to a maximum of two hundred (200) hours during this period;
9 During the second ten thousand four hundred (10,400) hours of credited
10 state service, vacation leave may be accrued and accumulated to a maximum of
11 two hundred forty (240) hours;
12 During the third ten thousand four hundred (10,400) hours of credited
13 state service, vacation leave may be accrued and accumulated to a maximum of
14 two hundred eighty-eight (288) hours;
15 After thirty-one thousand two hundred (31,200) hours of credited state
16 service, vacation leave may be accrued and accumulated to a maximum of three
17 hundred thirty-six (336) hours.
18 (3c) Vacation leave shall be transferable from department to department
19 only to the extent that it is accrued and accumulated.
20 (4d) Vacation leave shall not be earned, accrued or accumulated during
21 any pay period in which the maximum accruals and accumulations provided by
22 this section have been met.
23 (5e) Vacation leave not taken shall be compensated for at the time of
24 separation only to the maximum accruals and accumulations allowed by this
25 section.
26 (6f) Vacation leave shall be taken on a workday basis. Regularly sched-
27 uled days off and officially designated holidays falling within a period
28 of vacation leave shall not be counted against vacation leave. Vacation
29 leave shall not be taken in advance of being earned and shall only be
30 taken in pay periods subsequent to being earned.
31 (7g) With the approval of the appointing authority for both the transfer-
32 ring and receiving officer or employee, an officer or employee may trans-
33 fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal
34 year, to another officer or employee for purposes of sick leave in the
35 event the receiving officer or employee or a family member suffers from a
36 serious illness or injury. The amount transferred shall be converted to
37 sick leave. An officer or employee shall not be allowed to receive more
38 than one hundred sixty (160) hours of transferred leave per fiscal year,
39 and a transfer shall not occur until the receiving employee has exhausted
40 all of his or her accrued sick and vacation leave. An officer or employee
41 shall not be eligible to transfer vacation leave unless his or her balance
42 exceeds eighty (80) hours, and in no event may an officer or employee
43 transfer an amount of accrued leave which would result in an accrued bal-
44 ance of less than eighty (80) hours.
45 67-5337. CASH FOR UNUSED VACATION TIME.
46 (3) Upon separation from state employment and to the limits allowed by
47 subsection 67-5335, Idaho Code (2) of this section, all classified officers
48 and employees shall receive a lump sum payment for accrued but unused vacation
49 leave at the hourly rate of pay of that officer or employee.
50 SECTION 20. That Chapter 53, Title 67, Idaho Code, be, and the same is
51 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
52 ignated as Section 67-5337, Idaho Code, and to read as follows:
53 67-5337. MOVING EXPENSE REIMBURSEMENT. In order for the state to attract
23
1 and retain professional staff, it may be necessary to defray normal intrastate
2 and interstate moving expenses. The head of any department, office or institu-
3 tion of the state shall have the authority to decide whether or not to reim-
4 burse moving expenses for current or newly-hired state employees on a case-by-
5 case basis up to ten percent (10%) of the employee's base salary or fifteen
6 thousand dollars ($15,000), whichever is less, and in compliance with rules
7 for the reimbursement of moving expenses promulgated by the division of human
8 resources. Exceptions to the maximum moving expense reimbursement may be
9 granted if approved in advance by the department director. Agencies shall sub-
10 mit a report to the division of financial management and the legislative ser-
11 vices office by October 1 on all moving expense reimbursements granted in the
12 preceding fiscal year.
13 SECTION 21. That Section 67-5342, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 67-5342. SEVERANCE PAY FOR STATE EMPLOYEES. Upon termination from state
16 service, no classified or exempt employee shall be eligible for severance pay
17 and no employer shall provide or pay severance pay to such an employee or
18 former employee. As used in this section, "severance pay" shall mean money,
19 exclusive of wages or salary, vacation leave payoff, compensatory time leave
20 and earned administrative leave payoff, paid to a classified or exempt
21 employee who resigns from state service of his own volition and not under
22 duress.
23 SECTION 22. An emergency existing therefor, which emergency is hereby
24 declared to exist, this act shall be in full force and effect on and after its
25 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Garrett
Seconded by Schaefer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO S.B. NO. 1363
1 AMENDMENTS TO SECTION 3
2 On page 3 of the printed bill, in line 40, delete "five" and insert:
3 "two"; in line 41, delete "5" and insert: "2"; in line 42, delete "five" and
4 insert: "two"; in line 43, delete "5" and insert: "2"; in line 44, delete
5 "state board of examiners appoint-" and insert: "state board of examiners.";
6 in line 45, delete "ing authority."; in line 49, delete "holding permanent
7 status" and insert: ", holding permanent status,"; in line 51, delete "five"
8 and insert: "two"; and in line 52, delete "5" and insert: "2".
9 On page 4, in line 1, delete "five" and insert: "two", and also in line 1,
10 delete "5" and insert: "2"; in line 2, delete "state" and insert: "state"; and
11 in line 3, delete "board of examiners appointing authority." and insert:
12 "board of examiners.".
13 AMENDMENT TO SECTION 5
14 On page 5, in line 32, delete "--" and insert: "-- AND"; and in line 51,
15 delete "section 67-5302, Idaho Code," and insert: "section 67-5302, Idaho
16 Code,".
17 On page 6, delete line 1, and insert: "under any other complete exemption
18 in federal law,"; in line 2, delete "act,"; in line 10, following "service."
19 insert: "Such salaried employees shall report absences in excess of one-half
20 (1/2) day."; in line 27, delete "section" and insert: "this section,"; and
21 delete line 29, and insert: "exemption in federal law, and who are not".
22 AMENDMENT TO SECTION 7
23 On page 8, in line 37, delete "section" and insert: "section bureau".
24 AMENDMENT TO SECTION 8
25 On page 12, in line 31, delete "permanent" and insert: "permanent".
26 AMENDMENT TO SECTION 14
27 On page 16, in line 50, delete "by rule".
28 AMENDMENTS TO SECTION 15
29 On page 17, in line 5, delete "holding permanent status", and also in line
30 5, delete "five" and insert: "two"; in line 6, delete "5" and insert: "2"; in
31 line 7, delete "five" and insert: "two", and also in line 7, delete "5" and
32 insert: "2"; in line 9, delete "department director" and insert: "state board
33 of examiners"; in line 13, delete "holding perma-"; in line 14, delete "nent
34 status"; in line 20, delete "five" and insert: "two"; in line 21, delete
35 "($5,000). Exceptions to the five thousand dollar ($5,000)" and insert:
36 "($2,000). Exceptions to the two thousand dollar ($2,000)"; in line 23, delete
37 "department director" and insert: "state board of examiners"; in line 30,
38 delete "holding permanent status"; in line 36, delete "holding permanent"; in
2
1 line 37, delete "status"; and following line 46, insert:
2 "(c) Employees in the same classification who are similarly situated
3 shall be treated consistently in respect to shift differential and geo-
4 graphic pay differential.".
5 AMENDMENTS TO SECTION 17
6 On page 18, in line 12, delete "STATE POLICY --" and insert: "HOURS OF
7 WORK AND"; in line 34, delete "section 67-5302, Idaho Code," and insert:
8 "section 67-5302, Idaho Code,"; delete line 35, and insert: "exempt under any
9 other complete exemption in federal law,"; in line 36, delete "standards
10 act,"; and in line 44, following "service." insert: "Such salaried employees
11 shall report absences in excess of one-half (1/2) day.".
12 On page 19, in line 11, delete "section" and insert: "this section,"; in
13 line 12, delete "the"; and in line 13, delete "federal law fair labor stan-
14 dards act," and insert: "federal law,".
15 AMENDMENTS TO SECTION 19
16 On page 21, in line 46, delete "the federal fair labor standards" and
17 insert: "section 67-5302, Idaho Code,"; in line 47, delete "act"; and on page
18 22, in line 7, delete "the federal fair labor standards act" and insert: "sec-
19 tion 67-5302, Idaho Code,".
20 AMENDMENT TO THE BILL
21 On page 23, delete lines 23, 24 and 25.
22 CORRECTIONS TO TITLE
23 On page 1, in line 31, following "ERENCES" insert: "AND TERMINOLOGY"; in
24 line 33, following "IDAHO CODE," insert: "TO PROVIDE CORRECT TERMINOLOGY,".
25 On page 2, in line 12, delete "ACCORD-"; delete line 13 and insert: ",
26 TO"; in line 17, following "REIMBURSEMENT;" insert: "AND"; in line 18, follow-
27 ing "PAY" delete the remainder of the line and insert: ".""; and delete line
28 19.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1363, As Amended in the House
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE PERSONNEL SYSTEM AND NONCLASSIFIED STATE OFFICERS AND
3 EMPLOYEES; AMENDING SECTION 33-2101A, IDAHO CODE, TO DELETE A CODE REFER-
4 ENCE; AMENDING SECTION 33-2109A, IDAHO CODE, TO PROVIDE CORRECT CODE REF-
5 ERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 59-1603, IDAHO
6 CODE, TO DELETE A CODE REFERENCE, TO PROVIDE CORRECT TERMINOLOGY, TO
7 INCREASE THE MAXIMUM AWARD THAT MAY BE GRANTED TO CERTAIN NONCLASSIFIED
8 OFFICERS AND EMPLOYEES FOR MERITORIOUS SERVICE AND FOR SUGGESTIONS RESULT-
9 ING IN TAXPAYER SAVINGS, TO PROVIDE EXCEPTIONS TO THE MAXIMUM AWARD UNDER
10 EXTRAORDINARY CIRCUMSTANCES, TO REQUIRE REPORTING OF ALL AWARDS GRANTED IN
11 THE PRECEDING FISCAL YEAR AND REPORTING OF CHANGES MADE PURSUANT TO AN
12 EMPLOYEE'S SUGGESTION AND RESULTING SAVINGS, TO PROVIDE FOR RECRUITMENT
13 AND RETENTION AWARDS TO CERTAIN NONCLASSIFIED OFFICERS AND EMPLOYEES AND
14 TO REQUIRE REPORTING OF SUCH AWARDS GRANTED IN THE PRECEDING FISCAL YEAR,
15 TO PROVIDE FOR OTHER PAY TO CERTAIN NONCLASSIFIED OFFICERS AND EMPLOYEES
16 AND TO REQUIRE REPORTING OF SUCH AWARDS GRANTED IN THE PRECEDING FISCAL
17 YEAR, TO PROVIDE FOR NONMERIT PAY AND TO REQUIRE REPORTING OF SUCH AWARDS
18 GRANTED IN THE PRECEDING FISCAL YEAR, TO PROVIDE CRITERIA FOR REIMBURSE-
19 MENT OF MOVING EXPENSES, TO REQUIRE REPORTING OF ALL MOVING REIMBURSEMENTS
20 GRANTED IN THE PRECEDING FISCAL YEAR AND TO PROVIDE THAT THE STATE
21 CONTROLLER'S OFFICE IS RESPONSIBLE FOR THE ESTABLISHMENT AND MAINTENANCE
22 OF SPECIFIC PAY CODES; AMENDING SECTION 59-1606, IDAHO CODE, TO DELETE AN
23 INCORRECT CODE REFERENCE; AMENDING SECTION 59-1607, IDAHO CODE, TO PROVIDE
24 PROPER TERMINOLOGY AND TO CLARIFY COMPENSATORY TIME FOR CLASSIFIED AND
25 NONCLASSIFIED EMPLOYEES WHO ARE DESIGNATED AS EXECUTIVE; AMENDING SECTION
26 67-3511, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE LIMITATION ON USE OF
27 APPROPRIATIONS MADE FOR EXPENSES OTHER THAN PERSONNEL COSTS, TO PROVIDE
28 FOR LIMITATIONS ON THE AMOUNT OF LEGISLATIVE APPROPRIATIONS FOR PERSONNEL
29 COSTS WHICH CAN BE TRANSFERRED TO OTHER OBJECT CODES AND TO MAKE TECHNICAL
30 CORRECTIONS; AMENDING SECTION 67-5302, IDAHO CODE, TO PROVIDE CORRECT REF-
31 ERENCES AND TERMINOLOGY, TO REFORMAT THE SECTION AND TO EXPAND THE DEFINI-
32 TION OF "HOLIDAY" TO DISTINGUISH NONEXECUTIVE EMPLOYEES FROM EMPLOYEES
33 CLASSIFIED AS EXECUTIVE EXEMPT; AMENDING SECTION 67-5309, IDAHO CODE, TO
34 PROVIDE CORRECT TERMINOLOGY, TO CLARIFY RULEMAKING AUTHORITY OF THE DIVI-
35 SION OF HUMAN RESOURCES REGARDING RULES FOR DISCIPLINARY DISMISSAL, DEMO-
36 TION, SUSPENSION OR OTHER DISCIPLINE FOR CAUSE AND FOR SHIFT DIFFERENTIAL
37 PAY AND TO SPECIFY ADDITIONAL RULEMAKING AUTHORITY; REPEALING SECTION
38 67-5309A, IDAHO CODE, RELATING TO PERSONNEL BENEFITS; AMENDING CHAPTER 53,
39 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5309A, IDAHO
40 CODE, TO PROVIDE A STATE EMPLOYEE COMPENSATION PHILOSOPHY; REPEALING SEC-
41 TION 67-5309B, IDAHO CODE, RELATING TO ESTABLISHING SALARIES; AMENDING
42 CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
43 67-5309B, IDAHO CODE, TO ESTABLISH THE IDAHO COMPENSATION PLAN; REPEALING
44 SECTION 67-5309C, IDAHO CODE, RELATING TO PAY GRADES AND MERIT INCREASES;
45 AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
46 TION 67-5309C, IDAHO CODE, TO PROVIDE FOR SPECIFIED ANNUAL SURVEYS,
2
1 REPORTS AND RECOMMENDATIONS; AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY
2 THE ADDITION OF A NEW SECTION 67-5309D, IDAHO CODE, TO PROVIDE OTHER PAY
3 DELIVERY OPTIONS; REPEALING SECTION 67-5326, IDAHO CODE, RELATING TO OVER-
4 TIME AND HOURS OF WORK; AMENDING SECTIONS 67-5328, 67-5329, 67-5330 AND
5 67-5331, IDAHO CODE, TO PROVIDE STATE OVERTIME POLICY, TO CLARIFY PROVI-
6 SIONS RELATING TO CASH COMPENSATION AND COMPENSATORY TIME, TO REFORMAT
7 SECTION 67-5328, IDAHO CODE, TO REDESIGNATE SECTIONS 67-5329, 67-5330 AND
8 67-5331, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE CORRECT
9 CODE REFERENCES; AMENDING SECTIONS 67-5333 AND 67-5339, IDAHO CODE, TO
10 REFORMAT SECTION 67-5333, IDAHO CODE, TO REDESIGNATE SECTION 67-5339,
11 IDAHO CODE, AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTIONS
12 67-5334, 67-5335 AND 67-5337, IDAHO CODE, TO CLARIFY COMPUTATION OF VACA-
13 TION TIME FOR CLASSIFIED OFFICERS AND EMPLOYEES, TO MAKE TECHNICAL CORREC-
14 TIONS, TO REFORMAT SECTION 67-5334, IDAHO CODE, AND TO REDESIGNATE SEC-
15 TIONS 67-5335 AND 67-5337, IDAHO CODE; AMENDING CHAPTER 53, TITLE 67,
16 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5337, IDAHO CODE, TO PRO-
17 VIDE FOR MOVING EXPENSE REIMBURSEMENT; AND AMENDING SECTION 67-5342, IDAHO
18 CODE, TO REDEFINE "SEVERANCE PAY."
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 33-2101A, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding
23 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404,
24 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103,
25 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108,
26 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114,
27 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123,
28 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139,
29 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001,
30 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1721,
31 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and 67-5332,
32 Idaho Code, the term "junior college" shall mean and shall be denoted as
33 "community college."
34 SECTION 2. That Section 33-2109A, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 33-2109A. USE OF UNUSED SICK LEAVE. Upon separation from employment with
37 the junior community college district by retirement, in accordance with chap-
38 ter 13, title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an
39 employee shall be accorded credit for unused sick leave as provided in section
40 67-53393, Idaho Code. Each junior community college district shall contribute
41 to the sick leave account for the purposes of this section, as provided in
42 subsection (32)(c) of section 67-53393, Idaho Code.
43 SECTION 3. That Section 59-1603, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 59-1603. CONFORMITY WITH CLASSIFIED POSITIONS. (1) To the extent possi-
46 ble, each nonclassified position in the executive department will be paid a
47 salary or wage comparable to classified positions with similar duties, respon-
48 sibilities, training, experience and other qualifications. Temporary employees
3
1 and agricultural inspectors referred to in subsections (n) and (p) of section
2 67-5303, Idaho Code, shall not be entitled to sick leave accruals provided in
3 section 59-1605, Idaho Code, vacation leave provided in section 59-1606, Idaho
4 Code, nor holiday pay defined in subsection (15) of section 67-5302, Idaho
5 Code, unless contributions are being made to the public employee retirement
6 system in accordance with chapter 13, title 59, Idaho Code, and rules promul-
7 gated by the retirement board. Vacation and sick leave accruals, but not holi-
8 day pay, shall be awarded retroactively, if necessary, to the date such
9 employees become eligible for retirement system membership.
10 (2) To the extent possible, each nonclassified position in the legisla-
11 tive department will be paid a salary or wage comparable to classified posi-
12 tions with similar duties, responsibilities, training, experience and other
13 qualifications.
14 (3) The supreme court shall determine the schedules of salary and compen-
15 sation for all officers and employees of the judicial department which are not
16 otherwise fixed by law. To the extent possible, the supreme court shall adopt
17 schedules which are compatible with the state's accounting system. The judi-
18 cial department may also maintain personnel records and files under such sys-
19 tem as is ordered by the supreme court.
20 (4) The state board of education shall determine the schedules of salary
21 and compensation, and prescribe policies for overtime and compensatory time
22 off from duty, for all officers and employees of the state board of education
23 who are not subject to the provisions of chapter 53, title 67, Idaho Code, and
24 which are not otherwise fixed by law. To the extent possible, the state board
25 of education shall adopt schedules and policies which are compatible with the
26 state's accounting system. The state board of education may also maintain per-
27 sonnel records and files under a system of its own, if approved by the state
28 controller.
29 (5) Members of the legislature, the lieutenant governor, other officers
30 whose salaries are fixed by law, and members of part-time boards, commissions
31 and committees shall be paid according to law.
32 (6) Any schedule of salary and compensation, if not the schedule pre-
33 scribed by section 67-5309C(a), Idaho Code, must be approved by the appointing
34 authority and be communicated to the state controller in writing at least
35 thirty (30) days in advance of the effective date of the schedule.
36 (7) In addition to salary increases provided by any compensation schedule
37 adopted pursuant to paragraph (6) of this section, nonclassified officers and
38 employees, except those who are elected officials or whose salaries are fixed
39 by law, may be granted a lump sum bonus an award not to exceed one two thou-
40 sand dollars ($12,000) in any given fiscal year based upon an affirmative cer-
41 tification of meritorious service. Exceptions to the one two thousand dollar
42 ($12,000) limit provided in this section may be granted under extraordinary
43 circumstances if approved in advance by the state board of examiners.
44 Appointing authorities shall submit a report to the division of financial man-
45 agement and the legislative services office by October 1 on all awards granted
46 in the preceding fiscal year.
47 (8) In addition to salary increases provided by any compensation sched-
48 ule, nonclassified officers and employees, holding permanent status, except
49 those who are elected officials or whose salaries are fixed by law, may be
50 granted an lump sum bonus award not to exceed one two thousand dollars
51 ($12,000) in any given fiscal year based upon suggestions or recommendations
52 made by the employee which resulted in taxpayer savings as a result of cost
53 savings or greater efficiencies to the department, office or institution or to
54 the state of Idaho in excess of the amount of the bonus award. Exceptions to
55 the one two thousand dollar ($12,000) limit provided in this subsection may be
4
1 granted in extraordinary circumstances if approved in advance by the state
2 board of examiners. The appointing authority shall as near as practicable uti-
3 lize the criteria in conformance with rules promulgated by the division of
4 human resources pursuant to section 67-5309D, Idaho Code. Appointing authori-
5 ties shall submit a report to the division of financial management and the
6 legislative services office by October 1 on all employee suggestion awards
7 granted in the preceding fiscal year. Such report shall include any changes
8 made as a direct result of an employee's suggestion and savings resulting
9 therefrom.
10 (9) Each appointing authority, including the elective offices in the
11 executive department, the legislative department, the judicial department, and
12 the state board of education and the board of regents, shall comply with all
13 reporting requirements necessary to produce the list of employee positions
14 prescribed by section 67-3519, Idaho Code.
15 (10) The adjutant general, with the approval of the governor, shall pre-
16 scribe personnel policies for all officers and employees of the national guard
17 which are not otherwise fixed by law. Such policies will include an employee
18 grievance procedure with appeal to the adjutant general. The adjutant general
19 shall determine schedules of salary and compensation which are, to the extent
20 possible, comparable to the schedules used for federal civil service employees
21 of the national guard and those employees serving in military status. Sched-
22 ules adopted shall be compatible with the state's accounting system to the
23 extent possible.
24 (11) In addition to salary increases provided by any compensation sched-
25 ule, nonclassified officers and employees, except those who are elected offi-
26 cials or whose salaries are fixed by law, may be granted award pay for
27 recruitment or retention purposes based upon affirmative certification of mer-
28 itorious service after completion of at least six (6) months of service.
29 Appointing authorities shall submit a report to the division of financial man-
30 agement and the legislative services office by October 1 on all such awards
31 granted in the preceding fiscal year.
32 (12) In addition to salary increases provided by any compensation sched-
33 ule, nonclassified officers and employees, except those who are elected offi-
34 cials or whose salaries are fixed by law, may be granted other pay as provided
35 in this subsection. Appointing authorities shall submit a report to the divi-
36 sion of financial management and the legislative services office by October 1
37 on all such awards granted in the preceding fiscal year.
38 (a) Shift differential pay up to twenty-five percent (25%) of hourly
39 rates depending on local market rates in order to attract and retain qual-
40 ified staff.
41 (b) Geographic differential pay in areas of the state where recruitment
42 and retention are difficult due to economic conditions and cost of living.
43 (13) In unusual circumstances, when a distribution has been approved for
44 classified employees pursuant to section 67-5309D, Idaho Code, each appointing
45 authority, including the elective offices in the executive branch, the legis-
46 lative branch, the judicial branch, and the state board of education and the
47 board of regents of the university of Idaho, may grant nonclassified employees
48 nonmerit pay in the same proportion as received by classified employees in
49 that department or institution. Appointing authorities shall submit a report
50 to the division of financial management and the legislative services office by
51 October 1 on all such awards granted in the preceding fiscal year.
52 (14) Each appointing authority, shall as nearly as practicable, utilize
53 the criteria for reimbursement of moving expenses in conformance with section
54 67-5337, Idaho Code, and rules promulgated by the division of human resources
55 pursuant thereto. Appointing authorities shall submit a report to the division
5
1 of financial management and the legislative services office by October 1 on
2 all moving reimbursements granted in the preceding fiscal year.
3 (15) Specific pay codes shall be established and maintained in the state
4 controller's office to ensure accurate reporting and monitoring of all pay
5 actions authorized in this section.
6 SECTION 4. That Section 59-1606, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 59-1606. VACATION TIME. (1) Eligible nonclassified officers and employees
9 in the executive department and in the legislative department shall accrue
10 vacation leave and take vacation leave at the same rate and under the same
11 conditions as is provided in sections 67-5334, and 67-5335, Idaho Code, for
12 classified officers and employees.
13 (a) The state board of examiners shall adopt comparative tables and
14 charts to compute vacation time on daily, weekly, bi-weekly, calendar
15 month and annual periods.
16 (2) Eligible nonclassified officers and employees in the judicial depart-
17 ment shall accrue vacation leave as determined by order of the supreme court.
18 Leave policies established by the supreme court must be communicated to
19 the state controller in writing at least one hundred eighty (180) days in
20 advance of the effective date of the policies.
21 (3) The state board of education shall determine the vacation leave poli-
22 cies for all officers and employees of the state board of education who are
23 not subject to the provisions of chapter 53, title 67, Idaho Code. To the
24 extent possible, the state board of education shall adopt policies which are
25 compatible with the state's accounting system.
26 Any policy and procedures determined by the state board of education must
27 be communicated to the state controller in writing at least one hundred eighty
28 (180) days in advance of the effective date of the policy and procedures.
29 SECTION 5. That Section 59-1607, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 59-1607. HOURS OF WORK -- AND OVERTIME. (1) It is the policy of the leg-
32 islature of the state of Idaho that all classified and nonclassified officers
33 and employees of state government shall be treated equally substantially simi-
34 lar with reference to hours of employment, holidays and vacation leave, except
35 as provided in this chapter. The policy of this state shall not restrict the
36 extension of regular work hour schedules on an overtime basis, which shall be
37 the same for classified and nonclassified employees, in those activities and
38 duties where such extension is necessary and authorized by the appointing
39 authority.
40 (2) The appointing authority of any department shall determine the neces-
41 sity for overtime work and shall provide for cash compensation or compensatory
42 time off for such overtime work for eligible classified and nonclassified
43 officers and employees.
44 (3) Classified and nonclassified officers and employees who fall within
45 one (1) or more of the following categories are ineligible for cash compensa-
46 tion or compensatory time for overtime work:
47 (a) Elected officials; or
48 (b) Those included in the definition of section 67-5303(j), Idaho Code.
49 (4) Classified and nonclassified employees who are designated as execu-
50 tive, as provided in section 67-5302, Idaho Code, who are designated as exempt
51 under any other complete exemption in federal law, and who are not included in
6
1 the definition of subsection (3) of this section, shall be ineligible for com-
2 pensatory time or cash compensation for overtime work, but such classified and
3 nonclassified employees shall be allowed compensatory time off from duty for
4 overtime work. Such compensatory time shall be earned and allowed on a one (1)
5 hour for one (1) hour basis not to exceed two hundred forty (240) hours.
6 Accrued compensatory time off earned under this section shall not be transfer-
7 able, and shall be forfeited at the time of transfer to another appointing
8 authority or upon separation from state service. Such salaried employees shall
9 report absences in excess of one-half (1/2) day. Unused compensatory time bal-
10 ances in excess of two hundred forty (240) hours as of the date of enactment
11 of this act shall be forfeited on December 31, 2008. Unused compensatory time
12 balances of two hundred forty (240) hours or less shall be forfeited on Decem-
13 ber 31, 2006.
14 (5) Classified and nonclassified officers and employees who are desig-
15 nated as administrative or professional as provided in section 67-5302, Idaho
16 Code, or who are designated as exempt under any other complete exemption in
17 the federal law fair labor standards act, and who are not included in the def-
18 inition of subsection (3) of this section, shall be ineligible for cash com-
19 pensation for overtime work unless cash payment is authorized by the state
20 board of examiners for overtime accumulated during unusual or emergency situa-
21 tions, but such classified and nonclassified officers and employees shall be
22 allowed compensatory time off from duty for overtime work. Such compensatory
23 time shall be earned and allowed on a one (1) hour for one (1) hour basis,
24 shall not be transferable, and shall be forfeited at the time of transfer to
25 another appointing authority or upon separation from state service.
26 (6) Classified and nonclassified officers and employees who are not des-
27 ignated as executive, administrative or professional as provided in this sec-
28 tion, 67-5302, Idaho Code, who are not designated as exempt under any other
29 complete exemption in federal law, and who are not included in the definition
30 of subsection (3) of this section, shall be eligible for cash compensation or
31 compensatory time off from duty for overtime work, subject to the restrictions
32 of applicable federal law. Compensatory time off may be provided in lieu of
33 cash compensation at the discretion of the appointing authority after consul-
34 tation, in advance, with the employee. Compensatory time off shall be paid at
35 the rate of one and one-half (1 1/2) hours for each overtime hour worked. Com-
36 pensatory time off which has been earned during any one-half (1/2) fiscal year
37 but not taken by the end of the succeeding one-half (1/2) fiscal year, shall
38 be paid in cash on the first payroll following the close of such succeeding
39 one-half (1/2) fiscal year. Compensatory time not taken at the time of trans-
40 fer to another appointing authority or upon separation from state service
41 shall be liquidated at the time of such transfer or separation by payment in
42 cash.
43 SECTION 6. That Section 67-3511, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-3511. TRANSFER OF LEGISLATIVE APPROPRIATIONS. (1) No appropriations
46 made by the Idaho legislature may be transferred from one object code to
47 another except with the consent of the state board of examiners upon applica-
48 tion duly made by the head of any department, office or institution of the
49 state (including the elected officers in the executive department and the
50 state board of education). No appropriation made for expenses other than per-
51 sonnel costs shall be expended for personnel costs of the particular depart-
52 ment, office or institution for which it is appropriated, provided however,
53 that employee suggestion awards made pursuant to sections 59-1603 and
7
1 67-5309D, Idaho Code, may be made from the object code in which the savings
2 were realized.
3 (2) Legislative appropriations may be transferred from one program to
4 another within an agency upon application duly made by the head of any depart-
5 ment, office or institution of the state and approval of the application by
6 the administrator of the division of financial management and the board of
7 examiners provided the requested transfer is not more than ten per cent per-
8 cent (10%) cumulative change from the appropriated amount for any program
9 affected by the transfer. Requests for transfers above ten per cent percent
10 (10%) cumulative change must, in addition to the above, be approved by legis-
11 lative appropriation. Legislative appropriations shall not be transferred from
12 one fund to another fund unless expressly approved by the legislature.
13 (3) All moneys appropriated to any agency of the state of Idaho for the
14 purpose of capital outlay shall be used for that purpose and not for any other
15 purpose.
16 (4) The joint finance-appropriations committee may limit the amount of
17 legislative appropriations for personnel costs which can be transferred to
18 other object codes.
19 SECTION 7. That Section 67-5302, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
22 tions of the Idaho Code, each of the terms defined in this section shall have
23 the meaning given in this section unless a different meaning is clearly
24 required by the context. Such terms and their definitions are:
25 (1) "Administrative employee" means any person, nonclassified or classi-
26 fied appointed to a position which meets the following criteria:
27 1.(a) (ai) Responsible office or nonmanual work directly related to the
28 management policies of a department or section; or
29 (bii) Responsible work that is directly related to academic instruc-
30 tion or training carried on in the administration of a school system
31 or educational establishment; and
32 2.(b) The employee must customarily and regularly exercise discretion and
33 independent judgment, as distinguished from using skills and following
34 procedures. The employee must have the authority to make important deci-
35 sions; and
36 3.(c) The employee must:
37 (ai) Regularly assist a bona fide executive or administrative
38 employee; or
39 (bii) Perform work under general supervision along specialized or
40 technical lines requiring special training, experience or knowledge;
41 or
42 (ciii) Execute under only general supervision special assignments;
43 and
44 4.(d) The employee is classified to a position allocated to the pay grade
45 equivalent to two hundred sixty (260) points or higher pursuant to the
46 rating system established by section 67-5309C, Idaho Code rule.
47 5.(e) Final designation of a classified position as "administrative"
48 within this definition shall be made by the administrator of the division
49 of human resources.
50 (2) "Administrator" means the administrator of the division of human
51 resources in the governor's office.
52 (3) "Appointing authority" means the officer, board, commission, person
53 or group of persons authorized by statute or lawfully delegated authority to
8
1 make appointments to or employ personnel in any department.
2 (4) "Class" means a group of positions sufficiently similar as to the
3 duties performed, degree of supervision exercised or required, minimum
4 requirements of training, experience or skill, and other characteristics, that
5 the same title, the same tests of fitness and the same schedule of compensa-
6 tion may be applied to each position in the group.
7 (5) "Classified officer or employee" means any person appointed to or
8 holding a position in any department of the state of Idaho which position is
9 subject to the provisions of the merit examination, selection, retention,
10 promotion and dismissal requirements of chapter 53, title 67, Idaho Code.
11 (6) "Commission" means the Idaho personnel commission.
12 (7) "Compensatory time" means approved time off from duty provided in
13 compensation for overtime hours worked.
14 (8) "Department" means any department, agency, institution or office of
15 the state of Idaho.
16 (9) "Disabled veteran" means an individual who has served on military
17 duty in the armed forces of the United States during any period of war recog-
18 nized by the United States department of veterans affairs for the purposes of
19 awarding federal veterans benefits as may be defined in title 38, U.S. code,
20 chapter 1, section 101(11), or during any other conflict recognized by the
21 award of a campaign or service medal of the United States; and has been sepa-
22 rated therefrom under honorable conditions; and has established the present
23 existence of a service-connected disability; and is receiving compensation,
24 disability retirement benefits, or pension under a public statute as adminis-
25 tered by the department of veterans affairs or a military department.
26 (10) "Earned administrative leave" means hours which exceed the regularly
27 scheduled hours but do not result in overtime. These hours may accrue after
28 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
29 week.
30 (11) "Eligible" means a person who has been determined to be qualified for
31 a classified position and whose name has been placed on the register of eligi-
32 bles.
33 (12) "Executive employee" means any person, nonclassified or classified,
34 appointed to a position equivalent to a bureau chief or above as provided in
35 section 67-2402, Idaho Code, or any employee meeting the following criteria:
36 1.(a) An individual whose primary duty is management of a department,
37 division or section bureau; and
38 2.(b) Who customarily and regularly directs the work of at least two (2)
39 or more other employees therein; and
40 3.(c) Who has the authority to hire and fire, or to recommend hiring and
41 firing; or whose recommendation on these and other actions affecting
42 employees is given particular weight; and
43 4.(d) Who customarily and regularly exercises discretionary powers; and
44 5.(e) Who is classified to a position allocated to the pay grade equiva-
45 lent to two hundred sixty (260) points or higher pursuant to the rating
46 system established by section 67-5309C, Idaho Code rule.
47 6.(f) Final designation of a classified position as "executive" in this
48 definition shall be made by the administrator.
49 (13) "Exempt employee" means any employee, classified or nonclassified,
50 who is determined to be an executive, professional or administrative employee
51 as defined herein, or who qualifies for any other exemption from cash compen-
52 sation for overtime under applicable federal law. Final designation of a clas-
53 sified position as exempt shall be made by the administrator.
54 (14) "Full-time employee" means any employee working a forty (40) hour
55 work week.
9
1 (15) "Holiday" means the following:
2 January 1 (New Year's Day);
3 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
4 Day);
5 Third Monday in February (Washington's Birthday);
6 Last Monday in May (Memorial Day);
7 July 4 (Independence Day);
8 First Monday in September (Labor Day);
9 Second Monday in October (Columbus Day);
10 November 11 (Veterans Day);
11 Fourth Thursday in November (Thanksgiving);
12 December 25 (Christmas).
13 In addition, the term "holiday" shall mean any day so designated by the Presi-
14 dent of the United States or the governor of this state for a public fast,
15 thanksgiving or holiday.
16 In the event that a holiday occurs on a Saturday, the preceding Friday
17 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
18 shall be a holiday.
19 A holiday is a day of exemption from work granted to nonexecutive employ-
20 ees during which said employees shall be compensated as if they actually
21 worked. Employees classified as executive exempt are entitled to ten (10) paid
22 holidays per year. If such an employee works on one (1) of the official holi-
23 days listed in this subsection, then such employee may take an alternative day
24 off but shall not receive additional compensation.
25 (16) "Hours worked" means those hours actually spent in the performance of
26 the employee's job on any day including holidays, and shall not include vaca-
27 tion or sick leave or other approved leave of absence.
28 (17) "Nonclassified employee" means any person appointed to or holding a
29 position in any department of the state of Idaho, which position is exempted
30 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
31 section 67-5303, Idaho Code.
32 (18) "Normal work week" means any forty (40) hours worked during a partic-
33 ular one hundred sixty-eight (168) hour period as previously established by
34 the employee's appointing authority.
35 (19) "Open competitive examination" means an examination which may be
36 taken by qualified applicants to compete on an equal basis for listing on the
37 register of eligibles.
38 (20) "Overtime work" means time worked on holidays and time worked in
39 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
40 secutive hours, except that in the case of those employees engaged in law
41 enforcement, correctional and fire protection activities characterized by
42 irregular shift work schedules, time worked in excess of one hundred sixty
43 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
44 overtime work within the meaning of this chapter.
45 (21) "Participating department" means any department of the state of Idaho
46 which employs persons in classified positions subject to the merit examina-
47 tion, selection, retention, promotion and dismissal requirements of this chap-
48 ter.
49 (22) "Part-time employee" means any employee whose usually scheduled work
50 is less than forty (40) hours in a period of one hundred sixty-eight (168)
51 consecutive hours.
52 (23) "Personnel system" means the procedure for administering employees in
53 accordance with this chapter.
54 (24) "Political office" means a public office for which partisan politics
55 is a basis for nomination, election or appointment.
10
1 (25) "Political organization" means a party which sponsors candidates for
2 election to political office.
3 (26) "Position" means a group of duties and responsibilities legally
4 assigned or delegated by one (1) or more appointing authorities and requiring
5 the employment of one (1) person.
6 (27) "Professional employee" means any person, nonclassified or classi-
7 fied, appointed to a position which meets the following criteria:
8 1.(a) The employee's primary duty must be either:
9 (ai) Work requiring knowledge of an advanced type in a field of
10 science or learning, customarily obtained by a prolonged course of
11 specialized instruction and study; or
12 (bii) Work that is original and creative in character in a recog-
13 nized field of artistic endeavor and the result of which depends pri-
14 marily on his invention, imagination, or talent; or
15 (ciii) Work as a teacher certified or recognized as such in a school
16 system or educational institution by which he is employed; and
17 2.(b) The employee must consistently exercise discretion and judgment;
18 and
19 3.(c) The employee must do work that is predominantly intellectual and
20 varied, as distinguished from routine or mechanical duties; and
21 4.(d) 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 by rule.
24 5.(e) Final designation of a classified position as "professional" within
25 this definition shall be made by the administrator.
26 (28) "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 (29) "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 (30) "Register" means a list of names of persons who have been determined
34 to be eligible for employment in a classified position as determined on the
35 basis of examination and merit factors as established by the administrator.
36 (31) "Seasonal appointment" means an appointment to a position which is
37 permanent in nature, but which has intermittent work periods throughout the
38 year.
39 (32) "Service rating" means a recorded evaluation of work performance and
40 promotional potential of an employee by his supervisor.
41 (33) "Temporary appointment" means appointment to a position which is not
42 permanent in nature, and in which employment will not exceed one thousand
43 three hundred eighty-five (1,385) hours during any twelve (12) month period.
44 No person holding a temporary appointment may work in excess of one thousand
45 three hundred eighty-five (1,385) hours during a twelve (12) month period of
46 time for any one (1) department, except upon petition by the appointing
47 authority of the department of lands that demonstrates good cause, the admin-
48 istrator of the division of human resources may extend the one thousand three
49 hundred eighty-five (1,385) hour limit for employees of the department who are
50 required to perform fire suppression activities.
51 (34) "Vacation leave" means a period of exemption from work granted to
52 employees during which time said employees shall be compensated. The term
53 shall not include compensatory time for overtime work.
54 (35) "Veteran" means any person who has served in the active service of
55 the armed forces of the United States during any period of war recognized by
11
1 the United States department of veterans affairs for the purpose of awarding
2 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
3 section 101(11), or during any other conflict recognized by the award of a
4 campaign or service medal of the United States, and who has been discharged
5 under other than dishonorable conditions.
6 SECTION 8. That Section 67-5309, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5309. RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
9 MISSION. The administrator of the division of human resources shall have the
10 power and authority to adopt, amend, or rescind such rules as may be necessary
11 for proper administration of this chapter. Such rules shall include:
12 (a) A rule requiring the administrator, after consulting with each
13 department to develop, adopt, and make effective, a job classification system
14 for positions covered by this chapter, based upon an analysis of the duties
15 and responsibilities of the positions. The job classification shall include an
16 appropriate title for each class, and a description of duties and responsibil-
17 ities of positions in the classes and the requirements of minimum training,
18 experience and other qualifications, suitable for the performance of duties of
19 the position.
20 (b) A rule describing the relevant labor markets and benchmark job clas-
21 sifications used in the administrator's salary surveys.
22 (c) A rule requiring that all classes of positions which are common to
23 the departments concerned shall have the same titles, minimum requirements and
24 compensation ranges.
25 (d) A rule providing for review by the administrator of the personnel
26 system including classifications and compensation policies and procedures.
27 (e) A rule that, notwithstanding the procedure for examination and rank-
28 ing of eligibles on a register provided in subsection (f) of this section, an
29 agency may appoint an individual directly into an entrance or promotional pro-
30 bation if the division of vocational rehabilitation, Idaho commission for the
31 blind and visually impaired or the industrial commission certifies, with the
32 concurrence of division of human resources staff, that the individual (1) has
33 a disability or handicap as defined under state or federal law; (2) is quali-
34 fied to perform the essential functions of a particular classified position
35 with or without reasonable accommodation; and (3) lacks competitiveness in the
36 examination process due to the disability or handicap. The probationary period
37 as provided in subsection (j) of this section shall be the sole examination
38 for such individuals.
39 (f) A rule requiring fair and impartial selection of appointees to all
40 positions other than those defined as nonclassified in this chapter, on the
41 basis of open competitive merit examinations or evaluations. An application
42 for an examination will be accepted after the closing date of the examination
43 from a person who was serving in the armed forces, or undergoing hospitaliza-
44 tion of no more than one (1) year following discharge, during any period in
45 which the examination was open; the application must be submitted within one
46 hundred twenty (120) days of separation from the armed forces or hospitaliza-
47 tion and prior to the expiration of the register established as a result of
48 the examination. A disabled veteran may file an application at any time for
49 any position for which the division maintains a register or for which a regis-
50 ter is about to be established, provided he or she has not already been exam-
51 ined twice for the same position and grade for which application is made, does
52 not have current eligibility on that register, or is not serving in a compet-
53 itive position in the same grade for which application is made. Examinations
12
1 may be assembled or unassembled and may include various examining techniques
2 such as rating of training and experience, written tests, oral interviews,
3 recognition of professional licensing, performance tests, investigations and
4 any other measure of ability to perform the duties of the position. Examina-
5 tions shall be scored objectively. Five (5) points shall be added to the
6 earned rating of any war veteran as defined in section 65-506, Idaho Code, and
7 the widow or widower of any war veteran as defined in section 65-506, Idaho
8 Code, as long as he or she remains unmarried. Pursuant to section 65-506,
9 Idaho Code, ten (10) points shall be added to the earned rating of any dis-
10 abled veteran, the widow or widower of any disabled veteran as long as he or
11 she remains unmarried or the spouse of any disabled veteran who is physically
12 unable to perform the work in the position to which the spouse seeks to apply
13 the preference. Employment registers shall be established in order of final
14 score except that the names of all five (5) point preference eligibles result-
15 ing from any merit system or civil service examination shall be placed on the
16 register in accordance with their augmented rating, and the names of all ten
17 (10) point preference eligibles shall be placed at the top of the register
18 above the names of all nonpreference eligibles. Certification of eligibility
19 for appointment to vacancies shall be in accordance with a formula which lim-
20 its selection by the hiring department from among the ten (10) top ranking
21 available eligibles plus the names of all individuals with scores identical to
22 the tenth ranking eligible on the register. A register with at least five (5)
23 eligibles shall be adequate. Selective certification shall be permitted when
24 justified by the hiring department, under rules to be made by the division
25 defining adequate justification based on the duties and requirements of the
26 positions. Such examinations need not be held until after the rules have been
27 adopted, the service classified and a pay plan established, but shall be held
28 not later than one (1) year after departments commence participation in the
29 personnel system.
30 (g) A rule that, whenever practicable, a vacancy in a classified position
31 shall be filled by the promotion of a qualified permanent employee of the
32 agency in which the vacancy occurs. An interagency promotion shall be made
33 through competitive examination and all qualified state employees shall have
34 the opportunity to compete for such promotions. If an employee's name appears
35 within certifiable range on a current register for a higher class of position,
36 he shall be eligible for a transfer and promotion.
37 (h) A rule for development and maintenance of a system of service ratings
38 and the use of such ratings by all departments in connection with promotions,
39 demotions, retentions, separations and reassignments. The rule shall require
40 that an evaluation of each classified employee shall be made after each two
41 thousand eighty (2,080) hour period of credited state service, and that a copy
42 of the evaluation shall be filed with the division.
43 (i) A rule prohibiting disqualification of any person from taking an
44 examination, from appointment to a position, from promotion, or from holding a
45 position because of race or national origin, color, sex, age, political or
46 religious opinions or affiliations, and providing for right of appeal.
47 (j) A rule establishing a probation period not to exceed one thousand
48 forty (1,040) hours of credited state service for all appointments and promo-
49 tions, except that peace officers as defined in section 19-5101, Idaho Code,
50 shall be subject to a probation period of two thousand eighty (2,080) hours of
51 credited state service, and for the appointing authority to provide the
52 employee and the administrator a performance evaluation indicating satisfac-
53 tory or unsatisfactory performance not later than thirty (30) days after the
54 expiration of the probationary period. The rule shall provide that if the
55 appointing authority fails to provide a performance evaluation within thirty
13
1 (30) days after the expiration of the probationary period, the employee shall
2 be deemed to have satisfactorily completed the probation unless the appointing
3 authority receives approval from the administrator to extend the probationary
4 period for good cause for an additional specified period not to exceed one
5 thousand forty (1,040) hours of credited state service. If an employee is per-
6 forming in an unsatisfactory manner during the entrance probationary period,
7 the appointing authority shall ask the employee to resign, and if no resigna-
8 tion is submitted, shall terminate the employment of such employee without the
9 right of grievance or appeal.
10 (k) A rule concerning provisional appointments.
11 (l) A rule concerning temporary appointments.
12 (m) A rule governing the employment of consultants and persons retained
13 under independent contract.
14 (n) A rule for the disciplinary dismissal, demotion, suspension or other
15 discipline of employees only for cause with reasons given in writing. Such
16 rule shall provide that any of the following reasons shall be proper cause for
17 the disciplinary dismissal, demotion or suspension of any employee in the
18 state classified service:
19 1. Failure to perform the duties and carry out the obligations imposed by
20 the state constitution, state statutes and rules of the employee's depart-
21 ment, or rules of the administrator or the division.
22 2. Inefficiency, incompetency, or negligence in the performance of
23 duties, or job performance that fails to meet established performance
24 standards.
25 3. Physical or mental incapability for performing assigned duties.
26 4. Refusal to accept a reasonable and proper assignment from an autho-
27 rized supervisor.
28 5. Insubordination or conduct unbecoming a state employee or conduct det-
29 rimental to good order and discipline in the employee's department.
30 6. Intoxication on duty.
31 7. Careless, negligent, or improper use or unlawful conversion of state
32 property, equipment or funds.
33 8. Use of any influence which violates the principles of the merit system
34 in an attempt to secure a promotion or privileges for individual advan-
35 tage.
36 9. Conviction of official misconduct in office, or conviction of any fel-
37 ony, or conviction of any other crime involving moral turpitude.
38 10. Acceptance of gifts in exchange for influence or favors given in the
39 employee's official capacity.
40 11. Habitual pattern of failure to report for duty at the assigned place
41 and time.
42 12. Habitual improper use of sick leave privileges.
43 13. Unauthorized disclosure of confidential information from official
44 records.
45 14. Absence without leave.
46 15. Misstatement or deception in the application for the position.
47 16. Failure to obtain or maintain a current license or certificate law-
48 fully required as a condition for performing the duties of the job.
49 17. Prohibited participation in political activities.
50 (o) A rule to establish procedures for maintenance of a record of the
51 employment history and appropriate information relating to performance of all
52 employees under the personnel system. For the purposes of this rule, the state
53 shall be considered one (1) employer.
54 (p) Rules to provide for recruitment programs in cooperation with depart-
55 ment heads and the employment security agency in keeping with current employ-
14
1 ment conditions and labor market trends.
2 (q) Rules to establish procedures for examinations as necessary for the
3 purpose of maintaining current registers from which to fill employment vacan-
4 cies.
5 (r) Other rules not inconsistent with the foregoing provisions of this
6 section as may be necessary and proper for the administration and enforcement
7 of this chapter.
8 (s) A rule concerning "project exempt" appointments.
9 (t) Rules relating to leave for state employees from official duties
10 including, but not limited to, sick leave, military leave, jury duty, leaves
11 of absence without compensation and such other forms of absence from perfor-
12 mance of duties in the course of state employment as may be necessary.
13 (u) A rule providing for five percent (5%) up to twenty-five percent
14 (25%) shift differential pay based on local market practices.
15 (v) A rule to establish guidelines for awarding employee suggestion
16 awards set forth in sections 59-1603 and 67-5309D, Idaho Code.
17 (w) A rule to establish the reimbursement of moving expenses for a cur-
18 rent or newly-hired state employee.
19 (x) A rule to allow, at the request of the hiring agency, temporary and
20 acting appointment service time to count toward fulfilling entrance probation-
21 ary requirements as established in section 67-5309(j), Idaho Code.
22 SECTION 9. That Section 67-5309A, Idaho Code, be, and the same is hereby
23 repealed.
24 SECTION 10. That Chapter 53, Title 67, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 67-5309A, Idaho Code, and to read as follows:
27 67-5309A. STATE EMPLOYEE COMPENSATION PHILOSOPHY. (1) It is hereby
28 declared to be the intent of the legislature of the state of Idaho that the
29 goal of a total compensation system for state employees shall be to fund a
30 competitive employee compensation and benefit package that will attract quali-
31 fied applicants to the work force; retain employees who have a commitment to
32 public service excellence; motivate employees to maintain high standards of
33 productivity; and reward employees for outstanding performance.
34 (2) The foundation for this philosophy recognizes that state government
35 is a service enterprise in which the state work force provides the most criti-
36 cal role for Idaho citizens. Maintaining a competitive compensation system is
37 an integral, necessary and expected cost of providing the delivery of state
38 services and is based on the following compensation standards:
39 (a) The state's overall compensation system, which includes both a salary
40 and a benefit component, when taken as a whole shall be competitive with
41 relevant labor market averages.
42 (b) Advancement in pay shall be based on job performance and market
43 changes.
44 (c) Pay for performance shall provide faster salary advancement for
45 higher performers based on a merit increase matrix developed by the divi-
46 sion of human resources.
47 (d) All employees below the state's midpoint market average in a salary
48 range who are meeting expectations in the performance of their jobs shall
49 move through the pay range toward the midpoint market average.
50 (3) It is hereby declared to be legislative intent that regardless of
51 specific budgetary conditions from year to year, it is vital to fund necessary
52 compensation adjustments each year to maintain market competitiveness in the
15
1 compensation system. In order to provide this funding commitment in difficult
2 fiscal conditions, it may be necessary to increase revenues, or to prioritize
3 and eliminate certain functions or programs in state government, or to reduce
4 the overall number of state employees in a given year, or any combination of
5 such methods.
6 SECTION 11. That Section 67-5309B, Idaho Code, be, and the same is hereby
7 repealed.
8 SECTION 12. That Chapter 53, Title 67, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 67-5309B, Idaho Code, and to read as follows:
11 67-5309B. IDAHO COMPENSATION PLAN. (1) The administrator of the division
12 of human resources shall establish benchmark job classifications and shall
13 assign all classifications to a pay grade utilizing the Hay profile method in
14 combination with market data. Pay grades established or revised by the admin-
15 istrator shall appropriately weigh Hay points and market data to ensure inter-
16 nal equity and market equity within the classified service.
17 (2) It shall be the responsibility of each department director to prepare
18 a department salary administration plan and corresponding budget plan that
19 supports the core mission of the department and is consistent with the provi-
20 sions of section 67-5309A, Idaho Code.
21 (3) Advancement in pay shall be based on performance and market changes
22 and be provided in a variety of delivery methods, including ongoing increases,
23 temporary increases and market related payline moves. Market related payline
24 moves may advance all eligible employees as well as the structure to avoid
25 compression in the salary system.
26 (4) Pay for performance shall provide faster salary advancement for
27 higher performers based on a merit increase matrix developed by the division
28 of human resources. Such matrix shall be based upon the employee's proximity
29 to the state midpoint market average, and the employee's relative performance.
30 Such matrix may be adapted by each agency to meet its specific needs when
31 approved by the division of human resources.
32 (5) No employee shall advance in a salary range without a performance
33 evaluation on file certifying that the employee meets the performance criteria
34 of the assigned position.
35 (6) Each employee's work performance shall be evaluated through a format
36 and process approved by the department and the division of human resources.
37 The employee shall be evaluated after one thousand forty (1,040) hours of
38 credited state service from the date of initial appointment or promotion, and
39 thereafter be evaluated after each two thousand eighty (2,080) hours of cred-
40 ited state service. Employees may be eligible for advancement in pay if certi-
41 fied as meeting the performance requirements of this section. However, such
42 in-grade advancement shall not be construed as a vested right. The department
43 director shall designate in writing whether such in-grade advancement is tem-
44 porary, conditional or permanent. It shall be the specific responsibility of
45 the employee's immediate supervisor to effect the evaluation process. Such
46 evaluation shall be approved by the department director or the director's des-
47 ignee.
48 (7) All supervisors who evaluate state employees shall receive training
49 in the evaluation format and process to assure fairness and consistency in the
50 evaluation process.
51 (8) Notwithstanding any other provision of Idaho Code, it is hereby
52 declared to be the policy of the legislature of the state of Idaho that all
16
1 classified employees of like classification and pay grade allocation shall be
2 treated in a substantially similar manner with reference to personnel bene-
3 fits.
4 SECTION 13. That Section 67-5309C, Idaho Code, be, and the same is hereby
5 repealed.
6 SECTION 14. That Chapter 53, Title 67, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 67-5309C, Idaho Code, and to read as follows:
9 67-5309C. ANNUAL SURVEYS, REPORTS AND RECOMMENDATIONS. (1) The adminis-
10 trator of the division of human resources shall conduct or approve annual sal-
11 ary and benefit surveys within relevant labor markets to determine salary
12 ranges and benefit packages that represent competitive labor market average
13 rates and benefits provided by private industry and other governmental units.
14 (2) A report of the results of the annual salary and benefit surveys and
15 recommendations for changes to meet the requirements of section 67-5309A,
16 Idaho Code, together with their estimated costs of implementation, shall be
17 submitted to the governor and the legislature not later than the first day of
18 December of each year. The recommendation shall include, at a minimum, four
19 (4) components to address the compensation philosophy described in section
20 67-5309A, Idaho Code, and shall include specific funding recommendations for
21 each component:
22 (a) A recommendation for market related changes necessary to address sys-
23 tem wide structure adjustments to stay competitive with relevant labor
24 markets. Such recommendation may include a market related payline adjust-
25 ment for all eligible employees, as well as the structure, to avoid com-
26 pression in the salary system.
27 (b) A recommendation for market related changes necessary to address spe-
28 cific occupational inequities.
29 (c) A recommendation for a merit increase component to recognize and
30 reward state employees in the performance of public service to the citi-
31 zens of Idaho.
32 (d) A recommendation for any changes to the employee benefit package,
33 including any adjustments to the overall design of the benefit package
34 and/or employee contributions.
35 (3) The governor shall submit his own recommendations on proposed changes
36 in salaries and benefits to the legislature prior to the seventh legislative
37 day of each session. Such recommendation shall address, at a minimum, the four
38 (4) components and subsequent funding for each component required in this sec-
39 tion.
40 (4) The legislature may, by concurrent resolution, accept, modify or
41 reject the governor's recommendations, but any such action by the legislature,
42 at a minimum, shall address the four (4) components and subsequent funding of
43 each component required in this section. The failure of the legislature to
44 accept, modify or reject the recommendations prior to adjournment sine die
45 shall constitute approval of the governor's recommendations, and such recom-
46 mendations shall be funded through appropriations provided by law. The admin-
47 istrator of the division of human resources shall implement necessary and
48 authorized changes to salary and pay schedule by rule. The director of the
49 department of administration shall implement necessary and authorized changes
50 to benefits.
51 SECTION 15. That Chapter 53, Title 67, Idaho Code, be, and the same is
17
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 67-5309D, Idaho Code, and to read as follows:
3 67-5309D. OTHER PAY DELIVERY OPTIONS. (1) In addition to pay increases
4 authorized in section 67-5309B, Idaho Code, the department director may grant
5 a classified employee bonus pay not to exceed two thousand dollars ($2,000) in
6 any given fiscal year based upon exemplary performance. Exceptions to the two
7 thousand dollar ($2,000) limit provided in this subsection (1) may be granted
8 in extraordinary circumstances if approved in advance by the state board of
9 examiners. Departments shall submit a report to the division of financial man-
10 agement and the legislative services office by October 1 on all bonuses
11 granted in the preceding fiscal year.
12 (2) In addition to pay increases authorized in section 67-5309B, Idaho
13 Code, the department director may grant a classified employee an award payment
14 based upon suggestions or recommendations made by the employee which resulted
15 in taxpayer savings as a result of cost savings or greater efficiencies to the
16 department or to the state of Idaho in excess of the amount of the award, and
17 in compliance with the rules for employee suggestion awards promulgated by the
18 division of human resources. The award may be an amount up to twenty-five per-
19 cent (25%) of the amount determined to be the dollar savings to the state, but
20 not in excess of two thousand dollars ($2,000). Exceptions to the two thousand
21 dollar ($2,000) limit provided in this subsection (2) may be granted in
22 extraordinary circumstances if approved in advance by the state board of exam-
23 iners. Departments shall submit a report to the division of financial manage-
24 ment and the legislative services office by October 1 on all employee sugges-
25 tion awards granted in the preceding fiscal year. Such report shall include
26 any changes made as a direct result of an employee's suggestion and savings
27 resulting therefrom.
28 (3) In addition to pay increases authorized in section 67-5309B, Idaho
29 Code, the department director may grant award pay to a classified employee for
30 recruitment or retention purposes upon completion of at least six (6) months
31 of achieving performance standards. Departments shall submit a report to the
32 division of financial management and the legislative services office by Octo-
33 ber 1 on all such awards granted in the preceding fiscal year.
34 (4) In addition to pay increases authorized in section 67-5309B, Idaho
35 Code, department directors may provide a classified employee other nonperfor-
36 mance related pay as provided in this subsection (4). Departments shall submit
37 a report to the division of financial management and the legislative services
38 office by October 1 on all such awards granted in the preceding fiscal year.
39 (a) Shift differential pay up to twenty-five percent (25%) of hourly
40 rates depending on local market rates in order to attract and retain qual-
41 ified staff.
42 (b) Geographic differential pay in areas of the state where recruitment
43 and retention of qualified staff are difficult due to economic conditions
44 and cost of living.
45 (c) Employees in the same classification who are similarly situated shall
46 be treated consistently in respect to shift differential and geographic
47 pay differential.
48 (5) When necessary to obtain or retain qualified personnel in a particu-
49 lar classification, upon petition of the department to the administrator con-
50 taining acceptable reasons therefor, a higher temporary pay grade may be
51 authorized by the administrator which, if granted, shall be reviewed annually
52 to determine the need for continuance.
53 (6) In unusual circumstances, with prior approval from the administrators
54 of the division of human resources and the division of financial management,
18
1 agencies may grant nonperformance related pay to employees, which in no case
2 may exceed five percent (5%) of an employee's base pay. Departments shall sub-
3 mit a report to the division of financial management and the legislative ser-
4 vices office by October 1 on all such awards granted in the preceding fiscal
5 year.
6 (7) Specific pay codes shall be established and maintained in the state
7 controller's office to ensure accurate reporting and monitoring of all pay
8 actions authorized in this section.
9 SECTION 16. That Section 67-5326, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 17. That Sections 67-5328, 67-5329, 67-5330 and 67-5331, Idaho
12 Code, be, and the same are hereby amended to read as follows:
13 67-5328. OVERTIME COMPENSATION -- ELIGIBILITY HOURS OF WORK AND OVERTIME.
14 (1) It is hereby declared to be the policy of the legislature of the state of
15 Idaho that all classified employees shall be treated substantially similar
16 with reference to hours of employment. The policy of this state as declared in
17 this act shall not restrict the extension of regular work hour schedules on an
18 overtime basis in those activities and duties where such extension is neces-
19 sary and authorized, provided that overtime work performed under such exten-
20 sion is compensated for as hereinafter provided.
21 (2) The appointing authority of any department shall determine the neces-
22 sity for overtime work and shall provide for cash compensation or compensatory
23 time off for such overtime work for eligible classified officers and employ-
24 ees, subject to the restrictions of applicable federal law.
25 67-5329. CASH FOR OVERTIME -- COMPENSATORY TIME.
26 (13) Cash for overtime and compensatory time shall be paid based on the
27 following criteria:
28 (a) Classified and nonclassified officers and employees who fall within
29 one (1) or more of the following categories are ineligible for cash com-
30 pensation or compensatory time for overtime work:
31 (ai) Elected officials; or
32 (bii) Those included in the definition of section 67-5303(j), Idaho
33 Code.
34 (2b) Classified and nonclassified employees who are designated as execu-
35 tive, as provided in section 67-5302, Idaho Code, who are designated as
36 exempt under any other complete exemption in federal law, and who are not
37 included in the definition of subsection (13)(a) of this section, shall be
38 ineligible for compensatory time or cash compensation for overtime work,
39 but such classified and nonclassified employees shall be allowed compensa-
40 tory time off from duty for overtime work. Such compensatory time shall be
41 earned and allowed on a one (1) hour for one (1) hour basis not to exceed
42 two hundred forty (240) hours. Accrued compensatory time off earned under
43 this section shall not be transferable, and shall be forfeited at the time
44 of transfer to another appointing authority or upon separation from state
45 service. Such salaried employees shall report absences in excess of one-
46 half (1/2) day. Unused compensatory time balances in excess of two hundred
47 forty (240) hours as of the date of enactment of this act shall be for-
48 feited on December 31, 2008. Unused compensatory time balances of two hun-
49 dred forty (240) hours or less shall be forfeited on December 31, 2006.
50 (3c) Classified and nonclassified employees who are designated as admin-
51 istrative or professional, as provided in section 67-5302, Idaho Code, or
52 who are designated as exempt under any other complete exemption in the
19
1 federal law fair labor standards act, and who are not included in the def-
2 inition of either subsection (13)(a) or (3)(b) of this section, shall be
3 ineligible for cash compensation for overtime work unless cash payment is
4 authorized by the state board of examiners for overtime accumulated during
5 unusual or emergency situations, but such classified and nonclassified
6 employees shall be allowed compensatory time off from duty for overtime
7 work. Such compensatory time shall be earned and allowed on a one (1) hour
8 for one (1) hour basis, shall not be transferable, and shall be forfeited
9 at the time of transfer to another appointing authority or upon separation
10 from state service.
11 (4d) Classified employees who are not designated as executive, adminis-
12 trative or professional as provided in this section, 67-5302, Idaho Code,
13 who are not designated as exempt under any other complete exemption in
14 federal law, and who are not included in the definition of subsection
15 (13)(a) of this section, shall be eligible for cash compensation or com-
16 pensatory time off from duty for overtime work, subject to the restric-
17 tions of applicable federal law. Compensatory time off may be provided in
18 lieu of cash compensation at the discretion of the appointing authority
19 after consultation, in advance, with the employee. Compensatory time off
20 shall be paid at the rate of one and one-half (1 1/2) hours for each over-
21 time hour worked. Compensatory time off which has been earned during any
22 one-half (1/2) fiscal year but not taken by the end of the succeeding one-
23 half (1/2) fiscal year, shall be paid in cash on the first payroll follow-
24 ing the close of such succeeding one-half (1/2) fiscal year. Compensatory
25 time not taken at the time of transfer to another appointing authority or
26 upon separation from state service shall be liquidated at the time of such
27 transfer or separation by payment in cash.
28 67-5330. RATE OF OVERTIME COMPENSATION WHEN PAID IN CASH.
29 (4) Cash compensation for overtime, when paid, shall be at one and one-
30 half (1 1/2) times the hourly rate of that officer's or employee's salary or
31 wage, except for those employees whose positions fall within the definitions
32 of executive, administrative or professional as stated in section 67-5302,
33 Idaho Code, who will be paid at their regular hourly rate of pay as provided
34 for in subsection 67-5329, Idaho Code (3) of this section.
35 67-5331. OVERTIME COMPENSATION -- WHEN PAID.
36 (5) Except as provided for in subsection 67-5329, Idaho Code (3) of this
37 section, compensation for authorized overtime work shall be made at the com-
38 pletion of the pay period next following the pay period in which the overtime
39 work occurred and shall be added to the regular salary payment.
40 SECTION 18. That Sections 67-5333 and 67-5339, Idaho Code, be, and the
41 same are hereby amended to read as follows:
42 67-5333. SICK LEAVE. COMPUTATION. (1) Sick leave shall be computed as
43 follows:
44 (a) The rate per hour at which sick leave shall accrue to classified
45 officers and employees earning credited state service shall be at the rate
46 represented by the proportion 96/2080. Sick leave shall accrue without
47 limit, and shall be transferable from department to department.
48 (2b) Sick leave shall not accrue to any officer or employee on any kind
49 of leave of absence without pay, suspension without pay or layoff. Sick
50 leave shall accrue while an officer or employee is on approved leave with
51 pay, on approved vacation leave, on approved military leave with pay, and
52 on approved sick leave, but not when compensatory time or earned adminis-
53 trative leave is taken.
20
1 (3c) All accrued sick leave shall be forfeited at the time of separation
2 from state service and no officer or employee shall be reimbursed for
3 accrued sick leave at the time of separation, except as provided in
4 subsection 67-5339, Idaho Code (2) of this section. If such officer or
5 employee returns to credited state service within three (3) years of such
6 separation, all sick leave credits accrued at the time of separation shall
7 be reinstated, except to the extent that unused sick leave was utilized
8 for the purposes specified in subsection 67-5339, Idaho Code (2) of this
9 section.
10 (4d) Sick leave shall be taken on a workday basis. Regularly scheduled
11 days off and officially designated holidays falling within a period of
12 sick leave shall not be counted against sick leave. Sick leave shall not
13 be taken in advance of being earned.
14 (5e) In cases where absences for sick leave exceed three (3) consecutive
15 working days, the appointing authority may require verification by a phy-
16 sician or other authorized practitioner.
17 (6f) If an absence for illness or injury extends beyond the sick leave
18 accrued to the credit of the officer or employee, the officer or employee
19 may be granted leave without pay.
20 (7g) The administrator shall prescribe additional requirements for sick
21 leave for classified officers and employees on a part-time or irregular
22 schedule, for maintaining sick leave records, for funeral leave, and such
23 other applicable purposes as necessary.
24 67-5339. USE OF UNUSED SICK LEAVE.
25 (12) Unused sick leave may be used as follows:
26 (a) Upon separation from state employment by retirement in accordance
27 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an
28 employee's unused sick leave shall be determined based on accumulated sick
29 leave earned subsequent to July 1, 1976, and shall be reported by the
30 employer to the public employee retirement system. Upon separation from
31 state employment by retirement in accordance with chapter 20, title 1,
32 Idaho Code, an employee's unused sick leave shall be determined based on
33 accumulated sick leave earned subsequent to July 1, 2000, and shall be
34 reported by the employer to the public employee retirement system. A sum
35 equal to one-half (1/2), or the maximum amount allowed by subsection (2)
36 paragraph (b) of this subsection (2), whichever is the lesser, of the mon-
37 etary value of such unused sick leave, calculated at the rate of pay for
38 such employee at the time of retirement, shall be transferred from the
39 sick leave account provided by subsection (3) paragraph (c) of this
40 subsection (2) and shall be credited to such employee's retirement
41 account. Such sums shall be used by the Idaho public employee retirement
42 board to pay premiums for such group health, accident, and life insurance
43 programs as may be maintained by the state, to the extent of the funds
44 credited to the employee's account pursuant to this section. Upon an
45 employee's death, any unexpended sums remaining in the account shall
46 revert to the sick leave account.
47 (2b) For the purposes of determining the monetary value of unused sick
48 leave, the maximum unused sick leave which may be considered, shall be:
49 (ai) During the first ten thousand four hundred (10,400) hours of
50 credited state service, the maximum unused sick leave which may be
51 considered shall be four hundred twenty (420) hours;
52 (bii) During the second ten thousand four hundred (10,400) hours of
53 credited state service, the maximum unused sick leave which may be
54 considered shall be four hundred eighty (480) hours;
55 (ciii) During the third ten thousand four hundred (10,400) hours of
21
1 credited state service, the maximum unused sick leave which may be
2 considered shall be five hundred forty (540) hours; and
3 (div) Thereafter, the maximum unused sick leave which may be consid-
4 ered shall be six hundred (600) hours.
5 (3c) Each employer in state government shall contribute to a sick leave
6 account maintained by the public employee retirement system exclusively
7 for the purpose of the provisions of this section. The rate of such con-
8 tribution each pay period shall consist of a percentage of employees' sal-
9 aries as determined by the board, and such rate shall remain in effect
10 until next determined by the board. Any excess balance in the sick leave
11 account shall be invested, and the earnings therefrom shall accrue to the
12 sick leave account except the amount required by the board to defray
13 administrative expenses. All moneys payable to the sick leave account are
14 hereby perpetually appropriated to the board, and shall not be included in
15 its departmental budget. The state insurance fund and public health dis-
16 tricts shall be considered employers in state government for purposes of
17 participation under this section.
18 SECTION 19. That Sections 67-5334, 67-5335 and 67-5337, Idaho Code, be,
19 and the same are hereby amended to read as follows:
20 67-5334. VACATION TIME. COMPUTATION. (1) Vacation time shall be computed
21 as follows:
22 (a) Vacation time shall not accrue to any officer or employee on any kind
23 of leave of absence without pay, suspension without pay or layoff. Vaca-
24 tion leave shall accrue while an officer or employee is on approved leave
25 with pay, on approved vacation leave, on approved military leave with pay,
26 and on approved sick leave, but not when compensatory time or earned
27 administrative leave is taken.
28 (2b) The rate per hour at which vacation leave shall accrue to eligible
29 classified officers and employees earning credited state service who are
30 covered and nonexempt under the federal fair labor standards act shall be
31 at the rate represented by the proportion 96/2080 during the first ten
32 thousand four hundred (10,400) hours of credited state service; at the
33 rate represented by the proportion 120/2080 during the second ten thousand
34 four hundred (10,400) hours of credited state service; at the rate repre-
35 sented by the proportion 144/2080 during the third ten thousand four hun-
36 dred (10,400) hours of credited state service; and at the rate represented
37 by the proportion 168/2080 thereafter.
38 (c) Classified officers and employees earning credited state service and
39 defined as an exempt "professional," "administrative," or "computer
40 worker" under the federal fair labor standards act shall be at the rate
41 represented by the proportion 120/2080 during the first ten thousand four
42 hundred (10,400) hours of credited state service; at the rate represented
43 by the proportion 144/2080 during the second ten thousand four hundred
44 (10,400) hours of credited state service; and at the rate represented by
45 the proportion 168/2080 thereafter.
46 (d) Classified officers and employees earning credited state service and
47 defined as an exempt "executive" under section 67-5302, Idaho Code, shall
48 be at the rate represented by the proportion 200/2080.
49 67-5335. VACATION TIME -- ELIGIBILITY -- MAXIMUM TIME -- RIGHT TO ANNUAL
50 VACATION.
51 (12) Eligibility and use of vacation time shall be determined as follows:
52 (a) An appointing authority shall permit each officer or employee to take
53 vacation leave to the extent such leave has accrued.
22
1 (2b) Vacation leave may be accrued and accumulated only as follows,
2 unless amounts in excess of the permitted accumulations have been
3 expressly authorized in writing by the board of examiners during unusual
4 or emergency situations:
5 During the first ten thousand four hundred (10,400) hours of credited
6 state service, vacation leave may be accrued and accumulated to a maximum of
7 one hundred ninety-two (192) hours; employees classified as "executive" under
8 section 67-5302, Idaho Code, may accrue and accumulate vacation leave to a
9 maximum of two hundred (200) hours during this period;
10 During the second ten thousand four hundred (10,400) hours of credited
11 state service, vacation leave may be accrued and accumulated to a maximum of
12 two hundred forty (240) hours;
13 During the third ten thousand four hundred (10,400) hours of credited
14 state service, vacation leave may be accrued and accumulated to a maximum of
15 two hundred eighty-eight (288) hours;
16 After thirty-one thousand two hundred (31,200) hours of credited state
17 service, vacation leave may be accrued and accumulated to a maximum of three
18 hundred thirty-six (336) hours.
19 (3c) Vacation leave shall be transferable from department to department
20 only to the extent that it is accrued and accumulated.
21 (4d) Vacation leave shall not be earned, accrued or accumulated during
22 any pay period in which the maximum accruals and accumulations provided by
23 this section have been met.
24 (5e) Vacation leave not taken shall be compensated for at the time of
25 separation only to the maximum accruals and accumulations allowed by this
26 section.
27 (6f) Vacation leave shall be taken on a workday basis. Regularly sched-
28 uled days off and officially designated holidays falling within a period
29 of vacation leave shall not be counted against vacation leave. Vacation
30 leave shall not be taken in advance of being earned and shall only be
31 taken in pay periods subsequent to being earned.
32 (7g) With the approval of the appointing authority for both the transfer-
33 ring and receiving officer or employee, an officer or employee may trans-
34 fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal
35 year, to another officer or employee for purposes of sick leave in the
36 event the receiving officer or employee or a family member suffers from a
37 serious illness or injury. The amount transferred shall be converted to
38 sick leave. An officer or employee shall not be allowed to receive more
39 than one hundred sixty (160) hours of transferred leave per fiscal year,
40 and a transfer shall not occur until the receiving employee has exhausted
41 all of his or her accrued sick and vacation leave. An officer or employee
42 shall not be eligible to transfer vacation leave unless his or her balance
43 exceeds eighty (80) hours, and in no event may an officer or employee
44 transfer an amount of accrued leave which would result in an accrued bal-
45 ance of less than eighty (80) hours.
46 67-5337. CASH FOR UNUSED VACATION TIME.
47 (3) Upon separation from state employment and to the limits allowed by
48 subsection 67-5335, Idaho Code (2) of this section, all classified officers
49 and employees shall receive a lump sum payment for accrued but unused vacation
50 leave at the hourly rate of pay of that officer or employee.
51 SECTION 20. That Chapter 53, Title 67, Idaho Code, be, and the same is
52 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
53 ignated as Section 67-5337, Idaho Code, and to read as follows:
23
1 67-5337. MOVING EXPENSE REIMBURSEMENT. In order for the state to attract
2 and retain professional staff, it may be necessary to defray normal intrastate
3 and interstate moving expenses. The head of any department, office or institu-
4 tion of the state shall have the authority to decide whether or not to reim-
5 burse moving expenses for current or newly-hired state employees on a case-by-
6 case basis up to ten percent (10%) of the employee's base salary or fifteen
7 thousand dollars ($15,000), whichever is less, and in compliance with rules
8 for the reimbursement of moving expenses promulgated by the division of human
9 resources. Exceptions to the maximum moving expense reimbursement may be
10 granted if approved in advance by the department director. Agencies shall sub-
11 mit a report to the division of financial management and the legislative ser-
12 vices office by October 1 on all moving expense reimbursements granted in the
13 preceding fiscal year.
14 SECTION 21. That Section 67-5342, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-5342. SEVERANCE PAY FOR STATE EMPLOYEES. Upon termination from state
17 service, no classified or exempt employee shall be eligible for severance pay
18 and no employer shall provide or pay severance pay to such an employee or
19 former employee. As used in this section, "severance pay" shall mean money,
20 exclusive of wages or salary, vacation leave payoff, compensatory time leave
21 and earned administrative leave payoff, paid to a classified or exempt
22 employee who resigns from state service of his own volition and not under
23 duress.
STATEMENT OF PURPOSE
RS15966
This legislation would repeal and re-enact three existing sections of
Idaho Code to establish a State Employee Compensation Philosophy and a
State Compensation Plan, and to specify issues to be addressed in an
Annual Survey, Report and Recommendation. A key component in all this
is the compensation philosophy which provides that employees below the
state's mid-point market average shall move through the pay range
toward mid-point market average.
This legislation would also amend current law as it relates to bonuses
and employee suggestion awards, and authorizes a number of other pay
delivery options to give agencies and institutions some flexibility to
help facilitate retention and recruitment of employees. It amends the
budget laws to allow employee suggestion awards to be paid from the
area in which savings were realized. It codifies the payment of
moving expenses. It amends current overtime laws to prohibit
executive employees from earning compensatory time or earned
administrative leave. It amends current vacation leave laws to
increase the minimum vacation leave for professional and
administrative employees from 12 to 15 days per year, and moves
executive employees from 12 to 25 days per year. Finally, it
authorizes the Joint Finance Appropriations Committee to limit the
amount of personnel costs which can be transferred to cover operating
expenses or capital outlay.
FISCAL IMPACT
Over the past ten years, base salary increase in the marketplace have
averaged at least 3.7% annually, so to catch up and keep up with
average market rates, funding for merit increases must average more
than 3.7% per year. If the state were to spend 7.7% per year for five
years or 5.7% per year over ten years, salaries would most likely be
at market. The cost of these salary increases will grow each year as
the salary base grows. Other components of this legislation (e.g.
employee suggestion awards or reimbursement of moving expenses) would
be paid from existing budgets. Programming changes necessary to
implement this legislation would create a fiscal impact to the State
Controller's Office.
Contact
Name: Sen. John Andreason
Phone: 332-1333
Name: Rep. Robert Schaefer
Phone: 332-1000
S 1363