2007 Legislation
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SENATE BILL NO. 1178 – Human Resources Bureau created

SENATE BILL NO. 1178

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S1178......................................................by STATE AFFAIRS
HUMAN RESOURCES BUREAU - Repeals, adds to and amends existing law to repeal
the law relating to the Division of Human Resources and the Personnel
Commission; to provide for the Bureau of Human Resources under the Division
of Financial Management; to provide duties of the Bureau of Human
Resources; to provide that the Department of Labor shall process the
initial hiring work for state employment positions; to provide for the
Personnel Commission to be within the Bureau of Human Resources; and to
provide that the Personnel Commission shall hear appeals of employee
grievances.
                                                                        
02/27    Senate intro - 1st rdg - to printing
02/28    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1178
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE PERSONNEL SYSTEM; REPEALING CHAPTER 53, TITLE 67,  IDAHO
  3        CODE,  RELATING  TO THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM-
  4        MISSION; AMENDING THE HEADING FOR CHAPTER 35, TITLE 67, IDAHO CODE; AMEND-
  5        ING CHAPTER 35, TITLE 67, IDAHO CODE, BY  THE  ADDITION  OF  NEW  SECTIONS
  6        67-3532  THROUGH  67-3561,  IDAHO  CODE,  TO ESTABLISH THE BUREAU OF HUMAN
  7        RESOURCES IN THE DIVISION OF FINANCIAL MANAGEMENT, TO PROVIDE  A  DECLARA-
  8        TION  OF  POLICY, TO DEFINE TERMS, TO PROVIDE APPLICATION TO STATE EMPLOY-
  9        EES, TO PROVIDE APPLICATION TO EMPLOYEES HIRED PRIOR TO THE  ENACTMENT  OF
 10        THIS  ACT AND TO PROVIDE APPLICATION TO EXISTING MERIT SYSTEMS AND PERSON-
 11        NEL SYSTEMS, TO PROVIDE APPLICABILITY OF FEDERAL MERIT  SYSTEM  STANDARDS,
 12        TO  PROVIDE  FOR  CREATION AND ORGANIZATION OF THE IDAHO PERSONNEL COMMIS-
 13        SION, TO PROVIDE AUTHORITY AND DUTIES OF THE BUREAU OF HUMAN RESOURCES AND
 14        TO PROVIDE FOR SELECTION OF A BUREAU CHIEF, TO PROVIDE RULES OF THE BUREAU
 15        OF HUMAN RESOURCES AND THE PERSONNEL COMMISSION, TO PROVIDE DUTIES OF  THE
 16        BUREAU  AND STATE DEPARTMENTS AND TO PROVIDE VETERAN'S PREFERENCE, TO PRO-
 17        VIDE STATE EMPLOYEE COMPENSATION PHILOSOPHY, TO PROVIDE FOR THE IDAHO COM-
 18        PENSATION PLAN, TO PROVIDE FOR ANNUAL  SURVEYS,  REPORTS  AND  RECOMMENDA-
 19        TIONS,  TO  PROVIDE  OTHER PAY DELIVERY OPTIONS, TO PROVIDE FOR SERVICE TO
 20        OTHER POLITICAL SUBDIVISIONS,  TO  PROVIDE  FOR  LIMITATION  OF  POLITICAL
 21        ACTIVITY,  TO  PROVIDE  PUNISHMENT  FOR VIOLATIONS, TO PROVIDE A METHOD OF
 22        FINANCING OF THE BUREAU OF HUMAN RESOURCES, TO  PROVIDE  EMPLOYEE  PROBLEM
 23        SOLVING  AND  DUE  PROCESS  PROCEDURES, TO PROVIDE AN APPEAL PROCEDURE, TO
 24        PROVIDE FOR WHEN A PETITION FOR REVIEW IS FILED, TO PROVIDE FOR AN  APPEAL
 25        TO  DISTRICT  COURT, TO PROVIDE HOURS OF WORK AND OVERTIME, TO PROVIDE FOR
 26        CREDITED SERVICE, APPLICABILITY  AND  COMPUTATION,  TO  PROVIDE  FOR  SICK
 27        LEAVE,  TO  PROVIDE FOR VACATION TIME, TO PROVIDE FOR MOVING EXPENSE REIM-
 28        BURSEMENT, TO PROVIDE FOR RED CROSS DISASTER SERVICES, TO PROVIDE A  LEAVE
 29        OF  ABSENCE WITH PAY IN LIEU OF WORKER'S COMPENSATION BENEFITS, TO PROVIDE
 30        THAT SEVERANCE PAY IS NOT PAID TO STATE EMPLOYEES AND TO PROVIDE LEAVE  OF
 31        ABSENCE  FOR ORGAN DONATION; AMENDING SECTION 33-2203, IDAHO CODE, TO PRO-
 32        VIDE THAT THE BOARD OF PROFESSIONAL-TECHNICAL EDUCATION SHALL PROVIDE  FOR
 33        TRAINING  OF  STATE  EMPLOYEES IN EMPLOYEE EVALUATION, DISPUTE RESOLUTION,
 34        STRESS MANAGEMENT, IN SUPERVISION AND IN   OTHER  HUMAN  RESOURCE  RELATED
 35        SUBJECTS  AND  TOPICS;  AMENDING  SECTION  67-1001, IDAHO CODE, TO PROVIDE
 36        ADDITIONAL DUTIES OF THE  STATE  CONTROLLER  REGARDING  IDAHO'S  PAPERLESS
 37        ONLINE PERSONNEL/PAYROLL SYSTEM AND TO MAKE A TECHNICAL CORRECTION; AMEND-
 38        ING  CHAPTER  13,  TITLE  72, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 39        72-1345A, IDAHO CODE, TO PROVIDE DUTIES OF THE DEPARTMENT OF LABOR REGARD-
 40        ING EMPLOYMENT IN CLASSIFIED  STATE  POSITIONS;  AMENDING  SECTION  9-348,
 41        IDAHO  CODE,  TO  PROVIDE  A  PROPER  STATUTORY CITATION; AMENDING SECTION
 42        19-870, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING  SEC-
 43        TION  20-214, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING
 44        SECTION 21-142, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND  TO
 45        MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 21-148, IDAHO CODE, TO PRO-
 46        VIDE A PROPER STATUTORY CITATION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
                                                                        
                                       2
                                                                        
  1        ING SECTION 22-103, IDAHO CODE, TO PROVIDE A  PROPER  STATUTORY  CITATION;
  2        AMENDING  SECTION  23-207, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA-
  3        TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION  25-1104,  IDAHO
  4        CODE,  TO  PROVIDE  A  PROPER STATUTORY CITATION; AMENDING SECTION 33-127,
  5        IDAHO CODE, TO PROVIDE  A  PROPER  STATUTORY  CITATION;  AMENDING  SECTION
  6        33-2101A,  IDAHO  CODE,  TO  DELETE REFERENCE TO AN OBSOLETE CODE SECTION;
  7        AMENDING SECTION 33-2109A, IDAHO CODE, TO PROVIDE PROPER  STATUTORY  CITA-
  8        TIONS; AMENDING SECTION 33-2504, IDAHO CODE, TO PROVIDE A PROPER STATUTORY
  9        CITATION;  AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE A PROPER STATU-
 10        TORY CITATION; AMENDING SECTION 36-106, IDAHO CODE, TO  PROVIDE  A  PROPER
 11        STATUTORY  CITATION;  AMENDING  SECTION  36-202,  IDAHO CODE, TO PROVIDE A
 12        PROPER STATUTORY CITATION; AMENDING SECTION 36-2107, IDAHO CODE,  TO  PRO-
 13        VIDE A PROPER STATUTORY CITATION; AMENDING SECTION 38-1215, IDAHO CODE, TO
 14        PROVIDE  A PROPER STATUTORY CITATION; AMENDING SECTION 39-104, IDAHO CODE,
 15        TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL CORRECTION;
 16        AMENDING SECTION 39-113, IDAHO CODE, TO PROVIDE A PROPER  STATUTORY  CITA-
 17        TION  AND  TO  MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-401, IDAHO
 18        CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL  COR-
 19        RECTION;  AMENDING  SECTION 39-413, IDAHO CODE, TO PROVIDE A PROPER STATU-
 20        TORY CITATION; AMENDING SECTION 39-3004, IDAHO CODE, TO PROVIDE  A  PROPER
 21        STATUTORY  CITATION  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
 22        39-4115, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC-
 23        TION 39-5207, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS;  AMENDING
 24        SECTION  39-6002,  IDAHO  CODE,  TO  PROVIDE  A PROPER STATUTORY CITATION;
 25        AMENDING SECTION 40-503, IDAHO CODE, TO PROVIDE A PROPER  STATUTORY  CITA-
 26        TION  AND  TO  MAKE A TECHNICAL CORRECTION; AMENDING SECTION 41-206, IDAHO
 27        CODE, TO PROVIDE PROPER  STATUTORY  CITATIONS;  AMENDING  SECTION  41-226,
 28        IDAHO  CODE,  TO  PROVIDE  A  PROPER  STATUTORY CITATION; AMENDING SECTION
 29        42-1701, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC-
 30        TION 46-112, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION;  AMENDING
 31        SECTION  46-1207,  IDAHO  CODE,  TO  PROVIDE  A PROPER STATUTORY CITATION;
 32        AMENDING SECTION 54-1716, IDAHO CODE, TO DELETE REFERENCE TO THE PERSONNEL
 33        COMMISSION AND TO PROVIDE A PROPER STATUTORY  CITATION;  AMENDING  SECTION
 34        56-1201, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC-
 35        TION  57-727,  IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU CHIEF OF THE
 36        BUREAU OF HUMAN RESOURCES; AMENDING SECTION 58-105, IDAHO CODE, TO PROVIDE
 37        A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING
 38        SECTION  59-904,  IDAHO  CODE, TO DELETE REFERENCE TO THE ADMINISTRATOR OF
 39        THE DIVISION OF HUMAN RESOURCES AND TO MAKE A TECHNICAL CORRECTION; AMEND-
 40        ING SECTION 59-1205, IDAHO CODE, TO PROVIDE A PROPER  STATUTORY  CITATION;
 41        AMENDING  SECTION 59-1302, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA-
 42        TION; AMENDING SECTION 59-1303, IDAHO CODE, TO PROVIDE  REFERENCE  TO  THE
 43        BUREAU  CHIEF  OF  THE  BUREAU  OF HUMAN RESOURCES AND TO PROVIDE A PROPER
 44        STATUTORY CITATION; AMENDING SECTION 59-1311, IDAHO  CODE,  TO  PROVIDE  A
 45        PROPER  STATUTORY  CITATION; AMENDING SECTION 59-1601, IDAHO CODE, TO PRO-
 46        VIDE A PROPER STATUTORY CITATION; AMENDING SECTION  59-1603,  IDAHO  CODE,
 47        TO  PROVIDE   PROPER  STATUTORY CITATIONS, TO PROVIDE FOR A ONE-TIME AWARD
 48        PAYMENT FOR RECRUITMENT OR ANNUAL AWARD PAY FOR RETENTION PURPOSES AND  TO
 49        PROVIDE  REFERENCE  TO  THE  BUREAU  OF  HUMAN RESOURCES; AMENDING SECTION
 50        59-1604, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS; AMENDING  SEC-
 51        TION  59-1605,  IDAHO  CODE, TO PROVIDE  PROPER STATUTORY CITATIONS AND TO
 52        MAKE A TECHNICAL CORRECTION; AMENDING SECTION 59-1606, IDAHO CODE, TO PRO-
 53        VIDE  PROPER STATUTORY CITATIONS  AND  TO  MAKE  A  TECHNICAL  CORRECTION;
 54        AMENDING  SECTION  59-1607,  IDAHO CODE, TO PROVIDE PROPER STATUTORY CITA-
 55        TIONS, TO REVISE PROCEDURES FOR COMPENSATORY TIME, TO PROVIDE  APPLICATION
                                                                        
                                       3
                                                                        
  1        TO  COMPUTER  WORKERS  OR OTHER EXCEPTIONS IN THE FEDERAL FAIR LABOR STAN-
  2        DARDS ACT AND TO ALLOW FOR PAY FOR OVERTIME  WORK  DURING  A  DISASTER  OR
  3        EMERGENCY  UNDER CERTAIN CONDITIONS; AMENDING SECTION 63-3076, IDAHO CODE,
  4        TO PROVIDE A PROPER STATUTORY CITATION;  AMENDING  SECTION  65-202,  IDAHO
  5        CODE,  TO  PROVIDE  A  PROPER STATUTORY CITATION; AMENDING SECTION 65-506,
  6        IDAHO CODE, TO PROVIDE  A  PROPER  STATUTORY  CITATION;  AMENDING  SECTION
  7        67-429, IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU CHIEF OF THE BUREAU
  8        OF  HUMAN  RESOURCES  AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
  9        67-802, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS;  AMENDING  SEC-
 10        TION  67-1401,  IDAHO  CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO
 11        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1910, IDAHO CODE, TO  PRO-
 12        VIDE  A  PROPER STATUTORY CITATION; REPEALING SECTION 67-1911, IDAHO CODE,
 13        RELATING TO FINANCIAL MANAGEMENT TECHNICAL DEVELOPMENT COMMITTEE; AMENDING
 14        SECTION 67-2402, IDAHO CODE,  TO  PROVIDE  A  PROPER  STATUTORY  CITATION;
 15        AMENDING  SECTION 67-2403, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA-
 16        TION; AMENDING SECTION 67-2504, IDAHO CODE, TO PROVIDE A PROPER  STATUTORY
 17        CITATION;  AMENDING  SECTION 67-2601, IDAHO CODE, TO PROVIDE PROPER STATU-
 18        TORY CITATIONS AND  TO  MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTION
 19        67-2901,  IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A
 20        TECHNICAL CORRECTION; AMENDING SECTION 67-3511, IDAHO CODE, TO  PROVIDE  A
 21        PROPER  STATUTORY  CITATION; AMENDING SECTION 67-3519, IDAHO CODE, TO PRO-
 22        VIDE REFERENCE TO THE BUREAU OF HUMAN RESOURCES; AMENDING SECTION 67-4126,
 23        IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU  CHIEF  OF  THE  BUREAU  OF
 24        HUMAN  RESOURCES;  AMENDING SECTION 67-4402, IDAHO CODE, TO PROVIDE REFER-
 25        ENCE TO THE BUREAU CHIEF OF THE BUREAU OF HUMAN RESOURCES;  AMENDING  SEC-
 26        TION 67-4702, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING
 27        SECTION 67-5009, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO
 28        MAKE  TECHNICAL CORRECTIONS; AMENDING SECTION 67-5202, IDAHO CODE, TO PRO-
 29        VIDE A PROPER STATUTORY CITATION  AND  TO  MAKE  A  TECHNICAL  CORRECTION;
 30        AMENDING  SECTION 67-5409, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA-
 31        TION; AMENDING SECTION 67-5774, IDAHO CODE, TO PROVIDE A PROPER  STATUTORY
 32        CITATION; AMENDING SECTION 67-5904, IDAHO CODE, TO PROVIDE A PROPER STATU-
 33        TORY  CITATION;  AMENDING  SECTION  67-6707, IDAHO CODE, TO PROVIDE PROPER
 34        STATUTORY CITATIONS; AMENDING SECTION  67-7306,  IDAHO  CODE,  TO  PROVIDE
 35        PROPER  STATUTORY CITATIONS; AMENDING SECTION 67-7409, IDAHO CODE, TO PRO-
 36        VIDE PROPER STATUTORY CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMEND-
 37        ING SECTION 72-513, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; TO
 38        PROVIDE THAT THE ADMINISTRATIVE RULES  COORDINATOR  SHALL  MAKE  NECESSARY
 39        CHANGES  TO  CHANGE  THE NAMES IN THE DIVISION OF HUMAN RESOURCES TO ACCU-
 40        RATELY REFLECT THE BUREAU OF HUMAN RESOURCES AND TO PROVIDE FOR RULE  PRO-
 41        MULGATION BY THE DEPARTMENT OF LABOR; AND PROVIDING SEVERABILITY.
                                                                        
 42    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 43        SECTION  1.  That  Chapter  53,  Title  67, Idaho Code, be and the same is
 44    hereby repealed.
                                                                        
 45        SECTION 2.  That the Chapter Heading for Chapter 35, Title 67, Idaho Code,
 46    be and the same is hereby amended to read as follows:
                                                                        
 47                                      CHAPTER 35
 48                          STATE BUDGET AND PERSONNEL SYSTEM
                                                                        
 49        SECTION 3.  That Chapter 35, Title 67, Idaho Code, be,  and  the  same  is
 50    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
                                                                        
                                       4
                                                                        
  1    nated  as  Sections  67-3532 through 67-3561,  Idaho Code, and to read as fol-
  2    lows:
                                                                        
  3        67-3532.  ESTABLISHMENT OF BUREAU OF HUMAN RESOURCES  AND  DECLARATION  OF
  4    POLICY. There is hereby established the bureau of human resources in the divi-
  5    sion of financial management, which is authorized and directed to administer a
  6    personnel  system for classified Idaho employees. The purpose of the personnel
  7    system is to provide a means whereby classified  employees  of  the  state  of
  8    Idaho shall be examined, selected, retained and promoted on the basis of merit
  9    and  their performance of duties, thus effecting economy and efficiency in the
 10    administration of state government. The department of labor shall  assist  the
 11    bureau of human resources by administering a system for the fair and impartial
 12    selection  of  persons to classified positions in state government and by per-
 13    forming such other duties as are imposed on it pursuant to  section  72-1345A,
 14    Idaho  Code.  The  legislature  declares that, in its considered judgment, the
 15    public good and the general welfare of the  citizens  of  this  state  require
 16    enactment of this measure, under the powers of the state.
                                                                        
 17        67-3533.  DEFINITIONS.  As used in sections 67-3532 through 67-3561, Idaho
 18    Code, and other applicable sections of the  Idaho  Code,  each  of  the  terms
 19    defined  in this section shall have the meaning given in this section unless a
 20    different meaning is clearly required by the context.  Such  terms  and  their
 21    definitions are:
 22        (1)  "Administrative  employee" means any person, nonclassified or classi-
 23    fied, appointed to a position which meets the criteria set forth in  the  fed-
 24    eral  fair  labor  standards act, 29 U.S.C. 201 et seq. Final designation of a
 25    classified employee as "administrative" within this definition shall  be  made
 26    by the bureau chief of the bureau of human resources.  Exceptions to this des-
 27    ignation which do not violate the federal fair labor standards act may be made
 28    by the bureau chief.
 29        (2)  "Appointing  authority"  means the officer, board, commission, person
 30    or group of persons authorized by statute or lawfully delegated  authority  to
 31    make appointments to or employ personnel in any department.
 32        (3)  "Bureau  chief"  means  the  bureau  chief  of  the  bureau  of human
 33    resources in the division of financial management.
 34        (4)  "Class" means a group of positions  sufficiently similar  as  to  the
 35    duties  performed,  degree  of  supervision  exercised  or  required,  minimum
 36    requirements of training, experience or skill, and other characteristics, that
 37    the  same  title, the same tests of fitness and the same schedule of compensa-
 38    tion may be applied to each position in the group.
 39        (5)  "Classified officer or employee" means any  person  appointed  to  or
 40    holding  a position in any department of the state of Idaho, which position is
 41    subject to the provisions of  sections 67-3532 through 67-3561, Idaho Code.
 42        (6)  "Commission" means the Idaho personnel commission.
 43        (7)  "Compensatory time" means approved time off  from  duty  provided  in
 44    compensation for overtime hours worked.
 45        (8)  "Computer  worker" means any person, nonclassified or classified, who
 46    meets the criteria set forth in the  federal  fair  labor  standards  act,  29
 47    U.S.C.  201  et  seq.  Final designation of a classified position as "computer
 48    worker" within this definition shall be made by the bureau  chief.  Exceptions
 49    to  this  designation which do not violate the fair labor standards act can be
 50    made by the bureau chief.
 51        (9)  "Department" means any department, agency, institution or  office  of
 52    the state of Idaho.
 53        (10) "Disabled veteran" is as defined in section 65-502, Idaho Code.
                                                                        
                                       5
                                                                        
  1        (11) "Executive  employee"  means any person, nonclassified or classified,
  2    appointed to a position equivalent to a bureau chief or above as  provided  in
  3    section 67-2402, Idaho Code, or any employee meeting the following criteria:
  4        (a)  An individual whose primary duty is management of a department, divi-
  5        sion or bureau; and
  6        (b)  Who customarily and regularly directs the work of at least two (2) or
  7        more other employees therein; and
  8        (c)  Who  has  the  authority to hire and fire, or to recommend hiring and
  9        firing;  or whose recommendation on  these  and  other  actions  affecting
 10        employees is given particular weight; and
 11        (d)  Who customarily and regularly exercises discretionary powers; and
 12        (e)  Who is classified to a position allocated to the pay grade equivalent
 13        to  two hundred sixty (260) points or higher pursuant to the rating system
 14        established by rule.
 15        (f)  Final designation of a classified position  as  "executive"  in  this
 16        definition  shall be made by the bureau chief. Exceptions to this designa-
 17        tion which do not violate the fair labor standards act can be made by  the
 18        bureau chief.
 19        (12) "Exempt  employee"  means  any employee, classified or nonclassified,
 20    who is determined to be an executive, professional,   administrative  employee
 21    or computer worker as defined herein, or who qualifies for any other exemption
 22    from cash compensation for overtime under applicable federal law. Final desig-
 23    nation  of  a classified position as exempt shall be made by the bureau chief.
 24    Exceptions to this designation which do not violate the fair  labor  standards
 25    act can be made by the bureau chief.
 26        (13) "Full-time  employee"  means  any  employee working a forty (40) hour
 27    work week.
 28        (14) "Holiday" means the following:
 29             January 1 (New Year's Day);
 30             Third Monday in January (Martin Luther King, Jr.-Idaho  Human  Rights
 31             Day);
 32             Third Monday in February (Washington's Birthday);
 33             Last Monday in May (Memorial Day);
 34             July 4 (Independence Day);
 35             First Monday in September (Labor Day);
 36             Second Monday in October (Columbus Day);
 37             November 11 (Veterans Day);
 38             Fourth Thursday in November (Thanksgiving);
 39             December 25 (Christmas).
 40    In addition, the term "holiday" shall mean any day so designated by the Presi-
 41    dent  of  the  United  States or the governor of this state for a public fast,
 42    thanksgiving or holiday.
 43        In the event that a holiday occurs on a  Saturday,  the  preceding  Friday
 44    shall be a holiday, and if the holiday falls on a Sunday, the following Monday
 45    shall be a holiday.
 46        A  holiday is a day of exemption from work granted to nonexecutive employ-
 47    ees during which said employees shall  be  compensated  as  if  they  actually
 48    worked. Employees classified as executive exempt are entitled to ten (10) paid
 49    holidays  per year. If such an employee works on one (1) of the official holi-
 50    days listed in this subsection, then such employee may take an alternative day
 51    off but shall not receive additional compensation.
 52        (15) "Hours worked" means those hours actually spent in the performance of
 53    the employee's job on any day including holidays, and shall not include  vaca-
 54    tion or sick leave or any other approved leave of absence.
 55        (16) "Nonclassified  employee"  means any person appointed to or holding a
                                                                        
                                       6
                                                                        
  1    position in any department of the state of Idaho, which position  is  exempted
  2    from  the  provisions  of chapter 35, title 67, Idaho Code, as provided for in
  3    section 67-3534, Idaho Code.
  4        (17) "Normal work week" means any forty (40) hours worked during a partic-
  5    ular one hundred sixty-eight (168) hour period as  previously  established  by
  6    the employee's appointing authority.
  7        (18) "Open  competitive  examination"  means  an  examination which may be
  8    taken by qualified applicants administered by the department of labor pursuant
  9    to section 72-1345A, Idaho Code.
 10        (19) "Overtime work" means time worked on  holidays  and  time  worked  in
 11    excess  of  forty (40) hours in a period of one hundred sixty-eight (168) con-
 12    secutive hours, except that in the case of  those  employees  engaged  in  law
 13    enforcement,  correctional  and  fire  protection  activities characterized by
 14    irregular shift work schedules, time worked in excess  of  one  hundred  sixty
 15    (160) hours in a period of twenty-eight (28) consecutive days shall constitute
 16    overtime work within the meaning of this chapter.
 17        (20) "Participating department" means any department of the state of Idaho
 18    which employs persons in classified positions subject to the merit examination
 19    administered  by the department of labor and the  selection, retention, promo-
 20    tion and dismissal requirements of sections  67-3532  through  67-3561,  Idaho
 21    Code.
 22        (21) "Part-time  employee" means any employee whose usually scheduled work
 23    is less than forty (40) hours in a period of  one  hundred  sixty-eight  (168)
 24    consecutive  hours,  and who shall not be entitled to sick leave accruals pro-
 25    vided in section 67-3555, Idaho  Code,  vacation  leave  provided  in  section
 26    67-3556,  Idaho  Code, nor holiday pay defined in subsection (14) of this sec-
 27    tion, unless contributions are being made to the  public  employee  retirement
 28    system  in accordance with chapter 13, title 59, Idaho Code, and rules promul-
 29    gated by the retirement board.
 30        (22) "Personnel system" means the procedure for administering employees in
 31    accordance with sections  67-3532 through 67-3561, Idaho Code.
 32        (23) "Political office" means a public office for which partisan  politics
 33    is a basis for nomination, election or appointment.
 34        (24) "Political  organization" means a party which sponsors candidates for
 35    election to political office.
 36        (25) "Position" means a  group  of  duties  and  responsibilities  legally
 37    assigned  or delegated by one (1) or more appointing authorities and requiring
 38    the employment of one (1) person.
 39        (26) "Professional employee" means any person,  nonclassified  or  classi-
 40    fied,  appointed  to a position which meets the criteria set forth in the fed-
 41    eral fair labor standards act, 29 U.S.C. 201 et seq. Final  designation  of  a
 42    classified  employee as "professional" within this definition shall be made by
 43    the bureau chief. Exceptions to this designation which do not violate the fed-
 44    eral fair labor standards act may be made by the bureau chief.
 45        (27) "Provisional appointment" means appointment to a classified  position
 46    pending  the  establishment  of a register by the department of labor for such
 47    position, and employment shall not be continued in  this  status  longer  than
 48    thirty (30) days after establishment of a register.
 49        (28) "Qualifying  examination" means an examination or evaluation given to
 50    a selected person  to determine eligibility for reclassification  or  appoint-
 51    ment to a position in a classification.
 52        (29) "Register"  means a list of names of persons who have been determined
 53    to be eligible for employment in a classified position as  determined  on  the
 54    basis  of  examination  and  merit  factors  administered by the department of
 55    labor.
                                                                        
                                       7
                                                                        
  1        (30) "Seasonal appointment" means an appointment to a  position  which  is
  2    permanent  in  nature,  but which has intermittent work periods throughout the
  3    year.
  4        (31) "Service rating" means a recorded evaluation of work performance  and
  5    promotional potential of an employee by his supervisor.
  6        (32) "Temporary  appointment" means appointment to a position which is not
  7    permanent in nature, and in which employment  will  not  exceed  one  thousand
  8    three  hundred  eighty-five (1,385) hours during any twelve (12) month period.
  9    No person holding a temporary appointment may work in excess of  one  thousand
 10    three  hundred  eighty-five (1,385) hours during a twelve (12) month period of
 11    time for any one (1)  department  except,  upon  petition  by  the  appointing
 12    authority  of the department of lands that demonstrates good cause, the bureau
 13    chief of the bureau of human resources  may extend the one thousand three hun-
 14    dred eighty-five (1,385) hour limit for employees of the  department  who  are
 15    required to perform fire suppression activities. Temporary employees and agri-
 16    cultural  inspectors  referred  to  in  subsections  (14)  and (16) of section
 17    67-3534, Idaho Code, shall not be entitled to sick leave accruals provided  in
 18    section 67-3555, Idaho Code, vacation leave provided in section 67-3556, Idaho
 19    Code,  nor holiday pay defined in subsection (14) of this section, unless con-
 20    tributions are being made to the public employee retirement system  in  accor-
 21    dance  with  chapter   13,  title 59, Idaho Code, and rules promulgated by the
 22    retirement board.
 23        (33) "Vacation leave" means a period of exemption  from  work  granted  to
 24    employees,  during  which  time  said employees shall be compensated. The term
 25    shall not include compensatory time for overtime work.
 26        (34) "Veteran" is as defined in section 65-502, Idaho Code.
                                                                        
 27        67-3534.  APPLICATION TO STATE EMPLOYEES. All departments of the state  of
 28    Idaho  and  all employees in such departments, except those employees specifi-
 29    cally defined as nonclassified, shall be classified employees, who are subject
 30    to this chapter and to the system of personnel administration  which  it  pre-
 31    scribes. Nonclassified employees shall be:
 32        (1)  Members  of the state legislature and all other officers of the state
 33    of Idaho elected by popular vote, and persons appointed to fill  vacancies  in
 34    elective offices, and employees of the state legislature.
 35        (2)  Members  of statutory boards and commissions and heads of departments
 36    appointed by and serving at the pleasure of  the  governor,  deputy  directors
 37    appointed  by  the  director  and  members  of  advisory  boards  and councils
 38    appointed by the departments.
 39        (3)  All employees and officers in the office, and at  the  residence,  of
 40    the  governor; and all employees and officers in the offices of the lieutenant
 41    governor, secretary of state, attorney general, state  treasurer,  state  con-
 42    troller,  and  state superintendent of public instruction who are appointed on
 43    and after the effective date of this act.
 44        (4)  Except as otherwise provided by law, not more than one  (1)  declared
 45    position  for  each board or commission and/or head of a participating depart-
 46    ment in addition to those declared to be nonclassified by other provisions  of
 47    law.
 48        (5)  Part-time  professional  consultants  who are paid on a fee basis for
 49    any form of legal, medical or other professional  service,  and  who  are  not
 50    engaged in the performance of administrative duties for the state.
 51        (6)  Judges, temporary referees, receivers and jurors.
 52        (7)  All  employees of the Idaho supreme court, Idaho court of appeals and
 53    district courts.
 54        (8)  All employees of the Idaho state bar.
                                                                        
                                       8
                                                                        
  1        (9)  Deputy  attorneys general attached to the office of the attorney gen-
  2    eral.
  3        (10) Officers, members of the teaching staffs of state educational  insti-
  4    tutions,  the professional staff of the Idaho department of education adminis-
  5    tered by the board of regents and the board of education, and the professional
  6    staffs of the Idaho division of  professional-technical  education  and  voca-
  7    tional  rehabilitation  administered  by  the  state  board  for professional-
  8    technical education. "Teaching staff"  includes  teachers,  coaches,  resident
  9    directors,  librarians and those principally engaged in academic research. The
 10    word "officer" means presidents, vice presidents, deans, directors, or employ-
 11    ees in positions designated by the state board who receive an annual salary of
 12    not less than the minimum of the pay grade equivalent to three hundred  fifty-
 13    five (355) Hay points in the state compensation schedule.
 14        (11) Employees of the military division.
 15        (12) Patients, inmates or students employed in a state institution.
 16        (13) Persons  employed  in  positions  established  under  federal grants,
 17    which, by law, restrict employment  eligibility  to  specific  individuals  or
 18    groups  on  the basis of nonmerit selection requirements. Such employees shall
 19    be termed "project exempt" and the tenure of their employment shall be limited
 20    to the length of the project grant, or twenty-four (24) months, or four  thou-
 21    sand  one  hundred sixty (4,160) hours of credited state service, whichever is
 22    of the shortest duration. No person  hired  on  a  project-exempt  appointment
 23    shall be employed in any position allocated to the classified service.
 24        (14) Temporary employees.
 25        (15) All  employees  and officers of the following named commodity commis-
 26    sions, and all employees and officers  of  any  commodity  commission  created
 27    hereafter:  the  Idaho potato commission, as provided in chapter 12, title 22,
 28    Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
 29    title 22, Idaho Code; the Idaho bean commission, as provided  in  chapter  29,
 30    title  22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
 31    ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
 32    ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
 33    in chapter 35, title 22, Idaho Code; the Idaho apple commission,  as  provided
 34    in  chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
 35    in chapter 37, title 22, Idaho Code; the Idaho mint commission, as provided in
 36    chapter 38, title 22, Idaho Code; the state board of sheep  commissioners,  as
 37    provided  in  chapter  1, title 25, Idaho Code; the state brand inspector, and
 38    all district supervisors, as provided in chapter 11, title 25, Idaho Code; the
 39    Idaho beef council, as provided in chapter 29, title 25, Idaho Code;  and  the
 40    Idaho  dairy  products  commission, as provided in chapter 31, title 25, Idaho
 41    Code.
 42        (16) All inspectors of the fresh fruit and vegetable inspection service of
 43    the Idaho department of agriculture, except those positions  involved  in  the
 44    management of the program.
 45        (17) All  employees  of  correctional  industries within the department of
 46    correction.
 47        (18) All deputy administrators and wardens employed by the  department  of
 48    correction.  Deputy  administrators  are  defined  as  only the six (6) deputy
 49    administrators working directly for the two (2) nonclassified division  admin-
 50    istrators under the director of the department of correction.
 51        (19) All  public  information  positions with the exception of secretarial
 52    positions, in any department.
 53        (20) Any division administrator.
 54        (21) Any regional administrator or division administrator in  the  depart-
 55    ment of environmental quality.
                                                                        
                                       9
                                                                        
  1        (22) All employees of the division of financial management.
  2        (23) All employees of the Idaho food quality assurance institute.
  3        (24) The  state  appellate  public defender, deputy state appellate public
  4    defenders and all other employees of the office of the state appellate  public
  5    defender.
  6        (25) All  quality  assurance  specialists  or medical investigators of the
  7    Idaho board of medicine.
  8        (26) All employees of the division of general services.
                                                                        
  9        67-3535.  EMPLOYEES HIRED PRIOR TO ENACTMENT OF THIS ACT -- EXISTING MERIT
 10    SYSTEMS AND PERSONNEL SYSTEMS. (1) An employee who has had less than  six  (6)
 11    calendar  months of service on the date his department commences participation
 12    in the personnel system shall be required to pass  a  suitable  noncompetitive
 13    examination  and  satisfactorily complete a probationary period in order to be
 14    retained in a position.
 15        (2)  An employee who does not obtain a passing grade  in  the  examination
 16    referred  to  in  subsection  (1)  of this section shall be separated from his
 17    position within thirty (30) days after the establishment of an adequate regis-
 18    ter of eligibles for such position.
 19        (3) The personnel system administered by the  bureau  of  human  resources
 20    created by this act is hereby designated as the "merit system," "civil service
 21    system"  or  "personnel system" as may be required by any other section of the
 22    Idaho Code for the administration of any department covered by this  act;  and
 23    all  laws  in conflict in whole or in part with the provisions of this act are
 24    hereby repealed to the extent of such conflict or inconsistency.  All  depart-
 25    ments  whose  salaries and administrative costs come from state appropriations
 26    shall prepare and file the reports and estimates in the office of the adminis-
 27    trator of the division of financial management in accordance  with  this  act,
 28    and personnel compensation thereunder shall not be effective until approved as
 29    being within the state budget limitations of the respective department.
                                                                        
 30        67-3536.  APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS. Notwithstanding
 31    any other provision, wherever federal merit system standards are applicable to
 32    any  department  covered  by this act, financed in whole or in part by federal
 33    funds, rules shall be established or modified  by  the  bureau  chief  of  the
 34    bureau of human resources pursuant to chapter 52, title 67, Idaho Code, to the
 35    extent  necessary  to apply such standards to personnel administration in such
 36    grant-in-aid programs, and to the positions and employees therein.
                                                                        
 37        67-3537.  IDAHO PERSONNEL COMMISSION CREATED --  ORGANIZATION  OF  COMMIS-
 38    SION.  (1) The Idaho personnel commission is hereby created in the division of
 39    financial management and shall consist of five  (5)  members,  not  more  than
 40    three  (3)  of  which  at any time may belong to the same political party. The
 41    members of the commission shall be appointed by the governor on the  basis  of
 42    experience  in  personnel  management, business or governmental management and
 43    their known sympathy with merit principles  for  the  impartial  selection  of
 44    efficient  state government employees; provided however, that at least two (2)
 45    of the members shall have had at least five (5) years of personnel  management
 46    experience.
 47        (2)  Members of the commission shall be appointed for overlapping terms of
 48    six  (6)  years,  except  that  in the first instance, one (1) member shall be
 49    appointed for two (2) years, one (1) member for four (4)  years  and  one  (1)
 50    member  for  six  (6) years. Initial members shall be appointed to take office
 51    within thirty (30) days after the effective date of this act. The  members  of
 52    the  personnel commission serving on the effective date of this act shall con-
                                                                        
                                       10
                                                                        
  1    tinue in office subject to the provisions of this act. The additional  members
  2    of  the  commission shall be appointed, one (1) for four (4) years and one (1)
  3    for six (6) years, the term of each to be designated by  the  governor.  Their
  4    successors  shall be appointed for terms of six (6) years. If, for any reason,
  5    a member should leave the commission before his  term  expires,  the  governor
  6    shall appoint another member to fill out the unexpired term.
  7        (3)  No  member  of  the  commission  shall hold political office or be an
  8    officer of a political organization during his term, nor shall any member have
  9    held political office or have been an officer of a political organization dur-
 10    ing the twelve (12) months preceding his appointment. No member of the commis-
 11    sion shall have been employed as an official or employee of the state of Idaho
 12    during the twelve (12) months preceding his appointment, nor  be  so  employed
 13    during  his term. The chairman shall be appointed by the governor prior to the
 14    first meeting of each calendar year.
 15        (4)  Any department aggrieved by any action or inaction of the  bureau  of
 16    human  resources shall be afforded an opportunity for review before the bureau
 17    upon request therefor in writing.
 18        (5)  The governor may remove a commissioner for inefficiency,  neglect  of
 19    duty  or  misconduct  in  office  after first giving him a copy of the charges
 20    against him and an opportunity to be heard publicly  before  the  governor.  A
 21    copy  of  the  charges  and a transcript of the record of the hearing shall be
 22    filed with the secretary of state.
 23        (6)  The commission shall meet at regularly scheduled intervals or on call
 24    of the chairman. Three (3) members shall constitute a quorum for the  transac-
 25    tion  of  business.  Members  shall each be compensated as provided by section
 26    59-509(n), Idaho Code.
                                                                        
 27        67-3538.  AUTHORITY AND DUTIES OF THE BUREAU OF HUMAN RESOURCES --  SELEC-
 28    TION  OF BUREAU CHIEF. (1) It shall be the duty of the bureau chief  to admin-
 29    ister the provisions of sections 67-3532  through  67-3561,  Idaho  Code.  The
 30    administrator  of  the  division  of financial management shall have the duty,
 31    power and authority  to employ such persons, make such  expenditures,  require
 32    such  reports, make investigations, perform such travel pursuant to the provi-
 33    sions of sections 67-3532 through 67-3561, Idaho Code, and to take such  other
 34    actions as it deems necessary or suitable to that end.
 35        (2)  The bureau chief shall be appointed by the administrator of the divi-
 36    sion  of financial management, and shall serve at the pleasure of the adminis-
 37    trator of the division of financial management.  The  bureau  chief  shall  be
 38    experienced  in  management  of  organizations or businesses and shall provide
 39    necessary support to the commission when it carries out its duties.
                                                                        
 40        67-3539.  RULES OF THE BUREAU OF HUMAN RESOURCES AND THE PERSONNEL COMMIS-
 41    SION. The bureau of human resources shall have  the  power  and  authority  to
 42    adopt,  amend or rescind such rules as may be necessary for proper administra-
 43    tion of sections  67-3532  through  67-3561,  Idaho  Code.  Such  rules  shall
 44    include:
 45        (1)  A rule requiring the bureau chief, after consulting with each depart-
 46    ment  to  develop,  adopt, and make effective, a job classification system for
 47    positions covered by sections 67-3532 through 67-3561, Idaho Code, based  upon
 48    an analysis of the duties and responsibilities of the positions. The job clas-
 49    sification  shall  include an appropriate title for each class, and a descrip-
 50    tion of duties and responsibilities  of  positions  in  the  classes  and  the
 51    requirements  of  minimum training, experience and other qualifications, suit-
 52    able for the performance of duties of the position.
 53        (2)  A rule for development and maintenance of a system of service ratings
                                                                        
                                       11
                                                                        
  1    and the use of such ratings by all departments in connection with  promotions,
  2    demotions,  retentions,  separations and reassignments. The rule shall require
  3    that an evaluation of each classified employee shall be made  after  each  two
  4    thousand eighty (2,080) hour period of credited state service.
  5        (3)  A rule concerning provisional appointments.
  6        (4)  A rule concerning temporary appointments.
  7        (5)  A  rule  governing the employment of consultants and persons retained
  8    under independent contract.
  9        (6)  A rule concerning "project exempt" appointments.
 10        (7)  A rule to establish procedures for maintenance of  a  record  of  the
 11    employment  history and appropriate information relating to performance of all
 12    employees under the personnel system. For the purposes of this rule, the state
 13    shall be considered one (1) employer.
 14        (8)  Rules relating to leave for  state  employees  from  official  duties
 15    including,  but  not limited to, sick leave, military leave, jury duty, leaves
 16    of absence without compensation and such other forms of absence  from  perfor-
 17    mance of duties in the course of state employment as may be necessary.
 18        (9)  A  rule  providing up to twenty-five percent (25%) shift differential
 19    pay based on local market practices.
 20        (10) A rule to allow, at the request of the hiring agency,  temporary  and
 21    acting  appointment  service  time  to  count  toward fulfilling  probationary
 22    requirements as established in section 67-3540, Idaho Code.
 23        (11) Other rules not inconsistent with the foregoing  provisions  of  this
 24    section  as may be necessary and proper for the administration and enforcement
 25    of this act.
                                                                        
 26        67-3540.  DUTIES OF THE BUREAU AND STATE DEPARTMENTS. The  following  sub-
 27    sections  shall  apply to the bureau of human resources and to all state agen-
 28    cies subject to this act and classified employees:
 29        (1)  Notwithstanding the procedure for examination and ranking of  employ-
 30    ees eligible for hire as determined  by the department of labor, an agency may
 31    appoint  an  individual  directly into an entrance or promotional probation if
 32    the division of vocational rehabilitation, Idaho commission for the blind  and
 33    visually impaired or the industrial commission certifies, with the concurrence
 34    of  the  bureau  of human resources staff, that the individual: (a) has a dis-
 35    ability or handicap as defined under state or federal law; (b) is qualified to
 36    perform the essential functions of a particular classified  position  with  or
 37    without  reasonable accommodation; and (c) lacks competitiveness in the exami-
 38    nation process due to the disability or handicap. The probationary  period  as
 39    provided  in  subsection (4) of this section shall be the sole examination for
 40    such individuals.
 41        (2)  Whenever practicable, a vacancy in a  classified  position  shall  be
 42    filled  by  the  promotion  of a qualified employee of the agency in which the
 43    vacancy occurs.
 44        (3)  Any person who is improperly  disqualified from taking an examination
 45    or from being appointed or promoted to a position because  of  race,  national
 46    origin,  color,  sex, age, political or religious opinions or affiliations may
 47    appeal to the Idaho personnel commission.
 48        (4)  A probationary period shall not exceed  one  thousand  forty  (1,040)
 49    hours  of  credited  state service for all appointments and promotions, except
 50    that peace officers as defined in section 19-5101, Idaho Code, shall  be  sub-
 51    ject to a probationary period of two thousand eighty (2,080) hours of credited
 52    state  service.  The  appointing authority shall  provide the employee and the
 53    bureau chief a performance evaluation indicating satisfactory  or  unsatisfac-
 54    tory  performance  not later than thirty (30) days after the expiration of the
                                                                        
                                       12
                                                                        
  1    probationary period. If the appointing authority fails to  provide  a  perfor-
  2    mance  evaluation  within  thirty (30) days after the expiration of the proba-
  3    tionary period, the employee shall be deemed to have satisfactorily  completed
  4    the  probation  unless  the  appointing  authority  receives approval from the
  5    bureau chief  to extend the probationary period for good cause  for  an  addi-
  6    tional  specified  period  not  to  exceed one thousand forty (1,040) hours of
  7    credited state service. If an employee is performing in an unsatisfactory man-
  8    ner during the entrance probationary period, the  appointing  authority  shall
  9    ask  the  employee to resign, and if no resignation is submitted, shall termi-
 10    nate the employment of such employee without the right of grievance or appeal.
 11        (5)  Disciplinary dismissal, demotion, suspension or other  discipline  of
 12    classified  employees  shall  be only for cause with reasons given in writing.
 13    Any of the following reasons shall be proper cause for the  disciplinary  dis-
 14    missal,  demotion  or  suspension of any employee in the state classified ser-
 15    vice:
 16        (a)  Failure to perform the duties and carry out the  obligations  imposed
 17        by  the  state  constitution,  state  statutes and rules of the employee's
 18        department, or rules of the bureau chief or the bureau.
 19        (b)  Inefficiency, incompetency,  or  negligence  in  the  performance  of
 20        duties,  or  job  performance  that  fails to meet established performance
 21        standards.
 22        (c)  Physical or mental incapability for performing assigned duties.
 23        (d)  Refusal to accept a reasonable and proper assignment from  an  autho-
 24        rized supervisor.
 25        (e)  Insubordination  or  conduct  unbecoming  a state employee or conduct
 26        detrimental to good order and discipline in the employee's department.
 27        (f)  Intoxication on duty.
 28        (g)  Careless, negligent or improper use or unlawful conversion  of  state
 29        property, equipment or funds.
 30        (h)  Use  of any influence which violates the principles of the merit sys-
 31        tem in an attempt to secure  a  promotion  or  privileges  for  individual
 32        advantage.
 33        (i)  Conviction  of  official  misconduct  in office, or conviction of any
 34        felony, or conviction of any other crime involving moral turpitude.
 35        (j)  Acceptance of gifts in exchange for influence or favors given in  the
 36        employee's official capacity.
 37        (k)  Habitual  pattern of failure to report for duty at the assigned place
 38        and time.
 39        (l)  Habitual improper use of sick leave privileges.
 40        (m)  Unauthorized disclosure of  confidential  information  from  official
 41        records.
 42        (n)  Absence without leave.
 43        (o)  Misstatement or deception in the application for the position.
 44        (p)  Failure  to  obtain or maintain a current license or certificate law-
 45        fully required as a condition for performing the duties of the job.
 46        (q)  Prohibited participation in political activities.
 47        (6)  Veteran's preference as provided in title 65, chapter 5, Idaho  Code,
 48    shall  be  observed  except  that  entrance  probationary periods are governed
 49    exclusively by the provisions of this act.
                                                                        
 50        67-3541.  STATE  EMPLOYEE  COMPENSATION  PHILOSOPHY.  (1)  It  is   hereby
 51    declared  to  be  the intent of the legislature of the state of Idaho that the
 52    goal of a total compensation system for state employees shall  be  to  fund  a
 53    competitive employee compensation and benefit package that will attract quali-
 54    fied  applicants  to the work force; retain employees who have a commitment to
                                                                        
                                       13
                                                                        
  1    public service excellence; motivate employees to maintain  high  standards  of
  2    productivity; and reward employees for outstanding performance.
  3        (2)  The  foundation  for this philosophy recognizes that state government
  4    is a service enterprise in which the state work force provides the most criti-
  5    cal role for Idaho citizens. Maintaining a competitive compensation system  is
  6    an  integral,  necessary  and expected cost of providing the delivery of state
  7    services and is based on the following compensation standards:
  8        (a)  The state's overall compensation system, which includes both a salary
  9        and a benefit component when, taken as a whole, shall be competitive  with
 10        relevant labor market averages.
 11        (b)  Advancement  in  pay  shall  be  based  on job performance and market
 12        changes.
 13        (c)  Pay for performance  shall  provide  faster  salary  advancement  for
 14        higher performers based on a merit increase matrix developed by the bureau
 15        of human resources.
 16        (d)  All  employees  below the state's midpoint market average in a salary
 17        range who are meeting expectations in the performance of their jobs  shall
 18        move through the pay range toward the midpoint market average.
 19        (3)  It  is  hereby  declared  to be legislative intent that regardless of
 20    specific budgetary conditions from year to year, it is vital to fund necessary
 21    compensation adjustments each year to maintain market competitiveness  in  the
 22    compensation  system. In order to provide this funding commitment in difficult
 23    fiscal conditions, it may be necessary to increase revenues, or to  prioritize
 24    and  eliminate certain functions or programs in state government, or to reduce
 25    the overall number of state employees in a given year, or any  combination  of
 26    such methods.
                                                                        
 27        67-3542.  IDAHO  COMPENSATION  PLAN. (1) The bureau chief of the bureau of
 28    human resources shall establish benchmark job classifications and shall assign
 29    all classifications to a pay grade utilizing the Hay method of job evaluation.
 30    Pay grades established or revised by the bureau chief shall  have  Hay  points
 31    appropriately assigned to them to ensure internal equity within the classified
 32    service.
 33        (2)  It shall be the responsibility of each department director to prepare
 34    a  department  salary  administration  plan and corresponding budget plan that
 35    support the core mission of the department and are consistent with the  provi-
 36    sions of section 67-3541, Idaho Code.
 37        (3)  Advancement  in pay shall be based on performance  and be provided in
 38    a variety of delivery  methods,  including  ongoing  increases  and  temporary
 39    increases.  Market-related payline moves may advance all eligible employees as
 40    well as the structure to avoid compression in the salary system.
 41        (4)  Pay for performance  shall  provide  faster  salary  advancement  for
 42    higher  performers based on a merit increase matrix developed by the bureau of
 43    human resources. Such matrix shall be based upon the employee's  proximity  to
 44    the  state  midpoint  market average, and the employee's relative performance.
 45    Such matrix may be adapted by each agency to  meet  its  specific  needs  when
 46    approved by the bureau of human resources.
 47        (5)  No employee shall advance in a salary range without a current perfor-
 48    mance  evaluation  on  file certifying that the employee meets the performance
 49    criteria of the assigned position.
 50        (6)  Each employee's work performance shall be evaluated through a  format
 51    and  process approved by the department and the bureau of human resources. The
 52    employee shall be evaluated after one thousand forty (1,040) hours of credited
 53    state service from the date of initial appointment or promotion, and  thereaf-
 54    ter  be  evaluated  after  each two thousand  eighty (2,080) hours of credited
                                                                        
                                       14
                                                                        
  1    state service. Employees may be eligible for advancement in pay  if  certified
  2    as  meeting  the  performance  requirements of this section. However, such in-
  3    grade advancement shall not be construed as a  vested  right.  The  department
  4    director  shall designate in writing whether such in-grade advancement is tem-
  5    porary, conditional or permanent. It shall be the specific  responsibility  of
  6    the  employee's  immediate  supervisor  to effect the evaluation process. Such
  7    evaluation shall be approved by the department director or the director's des-
  8    ignee.
  9        (7)  All supervisors who evaluate state employees shall  receive  training
 10    in the evaluation format and process to assure fairness and consistency in the
 11    evaluation process.
 12        (8)  Notwithstanding  any  other  provision  of  Idaho  Code, it is hereby
 13    declared to be the policy of the legislature of the state of  Idaho  that  all
 14    classified  employees of like classification and pay grade allocation shall be
 15    treated in a substantially similar manner with reference  to  personnel  bene-
 16    fits.
                                                                        
 17        67-3543.  ANNUAL  SURVEYS,  REPORTS  AND  RECOMMENDATIONS.  (1) The bureau
 18    chief of the bureau of human resources shall direct or approve  annual  salary
 19    and benefit surveys conducted by the department of labor.
 20        (2)  A  report of the results of the annual salary and benefit surveys and
 21    recommendations for changes to meet the requirements of section 67-3542, Idaho
 22    Code, together with their estimated costs of implementation, shall be  submit-
 23    ted  to  the  governor  and  the legislature not later than October 20 of each
 24    year. The recommendations shall include, at a minimum, four (4) components  to
 25    address  the compensation philosophy described in section 67-3541, Idaho Code,
 26    and shall include specific funding recommendations for each component:
 27        (a)  A recommendation for market-related changes necessary to address sys-
 28        tem wide structure adjustments to stay  competitive  with  relevant  labor
 29        markets.  Such recommendation may include a market-related payline adjust-
 30        ment for all eligible employees, as well as the structure, to  avoid  com-
 31        pression in the salary system.
 32        (b)  A recommendation for market-related changes necessary to address spe-
 33        cific occupational inequities.
 34        (c)  A  recommendation  for  a  merit  increase component to recognize and
 35        reward state employees in the performance of public service to  the  citi-
 36        zens of Idaho.
 37        (d)  A  recommendation  for  any  changes to the employee benefit package,
 38        including any adjustments to the overall design  of  the  benefit  package
 39        and/or employee contributions.
 40        (3)  The governor shall submit his own recommendations on proposed changes
 41    in  salaries  and benefits to the legislature prior to the seventh legislative
 42    day of each session. Such recommendations shall address,  at  a  minimum,  the
 43    four (4) components and subsequent funding for each component required in this
 44    section.
 45        (4)  The  legislature  may,  by  concurrent  resolution, accept, modify or
 46    reject the governor's recommendations, but any such action by the legislature,
 47    at a minimum, shall address the four (4) components and subsequent funding  of
 48    each  component  required  in  this section. The failure of the legislature to
 49    accept, modify or reject the recommendations prior  to  adjournment  sine  die
 50    shall  constitute  approval of the governor's recommendations, and such recom-
 51    mendations shall be funded through appropriations provided by law. The  bureau
 52    chief  of  the  bureau of human resources shall implement necessary and autho-
 53    rized changes to salary and pay schedule by rule.  The  administrator  of  the
 54    state  of  Idaho's  insurance  plan  shall  implement necessary and authorized
                                                                        
                                       15
                                                                        
  1    changes to benefits.
                                                                        
  2        67-3544.  OTHER PAY DELIVERY OPTIONS. (1) In  addition  to  pay  increases
  3    authorized  in  section 67-3542, Idaho Code, the department director may grant
  4    to a classified employee bonus pay not to exceed two thousand dollars ($2,000)
  5    in any given fiscal year based upon exemplary performance. Exceptions  to  the
  6    two  thousand  dollar  ($2,000)  limit  provided in this subsection (1) may be
  7    granted in extraordinary circumstances if approved in  advance  by  the  state
  8    board  of  examiners.  Departments  shall  submit  a report to the division of
  9    financial management and the legislative services office by October 1  on  all
 10    bonuses granted in the preceding fiscal year.
 11        (2)  In  addition  to  pay  increases authorized in section 67-3542, Idaho
 12    Code, the department director may grant a classified employee an award payment
 13    based upon suggestions or recommendations made by the employee which  resulted
 14    in taxpayer savings as a result of cost savings or greater efficiencies to the
 15    department  or to the state of Idaho in excess of the amount of the award, and
 16    in compliance with the rules for employee suggestion awards promulgated by the
 17    bureau of human resources. The award may be an amount up to  twenty-five  per-
 18    cent (25%) of the amount determined to be the dollar savings to the state, but
 19    not in excess of two thousand dollars ($2,000). Exceptions to the two thousand
 20    dollar  ($2,000)  limit  provided  in  this  subsection  (2) may be granted in
 21    extraordinary circumstances if approved in advance by the state board of exam-
 22    iners. Departments shall submit a report to the division of financial  manage-
 23    ment  and the legislative services office by October 1 on all employee sugges-
 24    tion awards granted in the preceding fiscal year. Such  report  shall  include
 25    any  changes  made  as a direct result of an employee's suggestion and savings
 26    resulting therefrom.
 27        (3)  In addition to pay increases authorized  in  section  67-3542,  Idaho
 28    Code,  the  department  director  may  grant a one (1) time award payment to a
 29    classified employee for recruitment  or  annual  award  pay  to  a  classified
 30    employee  for retention purposes upon completion of at least six (6) months of
 31    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  67-3542,  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 bureau  chief  con-
 50    taining  acceptable  reasons  therefor,  a  higher  temporary pay grade may be
 51    authorized by the bureau chief which, if granted, shall be  reviewed  annually
 52    to determine the need for continuance.
 53        (6)  In  unusual circumstances, with prior approval from the bureau chief,
 54    agencies may grant nonperformance related pay to employees, which in  no  case
                                                                        
                                       16
                                                                        
  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        67-3545.  SERVICE TO OTHER POLITICAL SUBDIVISIONS. Subject to the approval
  9    of  the  administrator of the division of financial management, agreements may
 10    be entered into with any political subdivision of the state of Idaho  to  fur-
 11    nish  services and facilities of the bureau and staff to such political subdi-
 12    visions in the administration of their personnel on  compensation  principles.
 13    Any  such  agreement shall provide for reimbursement to the bureau of the rea-
 14    sonable cost of the services or facilities  furnished  as  determined  by  the
 15    bureau chief.
                                                                        
 16        67-3546.  LIMITATION  OF POLITICAL ACTIVITY. (1) No classified employee of
 17    a state department covered by sections 67-3532 through  67-3561,  Idaho  Code,
 18    shall:
 19        (a)  Use  his official authority or influence for the purpose of interfer-
 20        ing with an election to or a  nomination  for  office,  or  affecting  the
 21        result thereof;
 22        (b)  Directly  or indirectly coerce, attempt to coerce, command, or direct
 23        any other such officer or employee to pay, lend, or contribute any part of
 24        his salary or compensation or anything else of value to any party, commit-
 25        tee, organization, agency, or person for political purposes; or
 26        (c)  Be a candidate and hold elective office in any partisan election.
 27        (2)  All such employees shall retain the right to:
 28        (a)  Register and vote in any election;
 29        (b)  Express an opinion as an individual privately and publicly on politi-
 30        cal subjects and candidates;
 31        (c)  Display a political picture, sticker, badge or button;
 32        (d)  Participate in the nonpartisan  activities  of  a  civic,  community,
 33        social, labor or professional organization, or of a similar organization;
 34        (e)  Be  a member of a political party or other political organization and
 35        participate in its activities;
 36        (f)  Attend a political convention, rally, fund-raising function or  other
 37        political gathering;
 38        (g)  Sign a political petition as an individual;
 39        (h)  Make a financial contribution to a political party or organization;
 40        (i)  Take an active part, in support of a candidate, in an election;
 41        (j)  Be politically active in connection with a question which is not spe-
 42        cifically  identified  with  a  political  party, such as a constitutional
 43        amendment, referendum, approval of a  municipal  ordinance  or  any  other
 44        question or issue of a similar character;
 45        (k)  Serve as an election judge or clerk, or in a similar position to per-
 46        form nonpartisan duties as prescribed by state or local law;
 47        (l)  Be a candidate and hold elective office in any nonpartisan election;
 48        (m)  Take an active part in political organization management; and
 49        (n)  Otherwise  participate  fully in public affairs, except as prohibited
 50        by law, in a manner which does not materially compromise  the  neutrality,
 51        efficiency  or  integrity  of the employee's administration of state func-
 52        tions.
                                                                        
                                       17
                                                                        
  1        67-3547.  VIOLATIONS. Any person willfully violating any of the provisions
  2    of this act or of the rules promulgated  thereunder shall be guilty of a  mis-
  3    demeanor.
                                                                        
  4        67-3548.  METHOD  OF  FINANCING.  (1) There is hereby created in the state
  5    treasury the bureau of human resources fund. All participating departments are
  6    hereby authorized and directed to pay out of their funds to  the  state  trea-
  7    surer  their  respective  shares  of  the authorized budget of the bureau. All
  8    moneys placed in said fund are hereby perpetually appropriated to the division
  9    of financial management for the administrative purposes of this  chapter.  All
 10    expenditures  from  said fund shall be paid out in warrants drawn by the state
 11    controller upon presentation of proper vouchers from the administrator.
 12        (2)  The bureau  shall allocate costs of its operation to each participat-
 13    ing department in the same proportion that the amount of the payroll for clas-
 14    sified employees of the department bears to the total amount  of  the  payroll
 15    for  classified  employees  of all departments combined and averaged as to the
 16    basis for allocation of costs.
 17        (3)  Each participating department shall deposit to said  fund  on  a  pay
 18    period  basis  as  prescribed  by the state controller, an amount equal to its
 19    share of the costs of the operation of the human resources bureau according to
 20    the cost allocation formula set forth above. Departmental  deposits  for  each
 21    succeeding fiscal year shall be at a percentage rate of salaries and wages for
 22    positions  subject  to  this  act,  computed to be sufficient to carry out the
 23    intent and all provisions of this act as directed by the legislature.
 24        (4)  Any moneys in the bureau of human resources fund on the day prior  to
 25    the  effective  date  of  this act shall be transferred to the bureau of human
 26    resources fund on the effective date of this act.
                                                                        
 27        67-3549.  EMPLOYEE PROBLEM SOLVING AND DUE PROCESS  PROCEDURES.  (1)  Each
 28    participating  department shall  establish and adopt an employee problem solv-
 29    ing procedure within such department, which shall be reduced  to  writing  and
 30    shall be in full compliance with the provisions of the uniform problem solving
 31    procedure as adopted by rule by the bureau chief pursuant to subsection (4) of
 32    this  section. A copy of the problem solving procedure plan shall be furnished
 33    and explained to each employee of the department concerned. No employee  shall
 34    be  disciplined  or  otherwise prejudiced in his employment for exercising his
 35    rights under the plan, and department heads shall encourage  the  use  of  the
 36    plan  in  the resolution of grievances arising in the course of public employ-
 37    ment. A classified employee may file under the problem solving procedure  plan
 38    any  matter, except that compensation shall not be deemed a proper subject for
 39    consideration under the problem solving procedure plan except as it applies to
 40    alleged inequities within a particular agency or department,  and  except  for
 41    termination during the entrance probationary period, and except for those mat-
 42    ters set forth in subsection (2) of this section.
 43        (2)  No  action  of  a participating department relating to a disciplinary
 44    dismissal, suspension or demotion, or an involuntary transfer shall be  effec-
 45    tive until the affected employee shall have received notice and an opportunity
 46    to  be  heard.  The employee may then appeal to the Idaho personnel commission
 47    those disciplinary matters set forth in section 67-3550(1)(a), Idaho Code.
 48        (3)  If the filing concerns a matter which is reviewable pursuant to  sec-
 49    tion 67-3550, Idaho Code, the time for appeal to the commission shall not com-
 50    mence  to  run  until the employee has completed the problem solving procedure
 51    provided by the department in accordance with the terms  thereof  or,  in  the
 52    case  of  disciplinary  actions  set  forth in subsection (2) of this section,
 53    until the disciplinary action becomes effective; provided however, the failure
                                                                        
                                       18
                                                                        
  1    of an employee to pursue the problem solving procedures established within the
  2    department shall constitute a waiver of the employee's right of review by  the
  3    commission.
  4        (4)  The  bureau  of  human  resources shall adopt a rule defining uniform
  5    problem solving and due  process  procedures  for  use  by  all  participating
  6    departments.  With  respect  to  the problem solving procedure, the rule shall
  7    provide a complete procedure for all stages of the process, including  problem
  8    solving  meetings  with  department representatives in the employee's chain of
  9    command. With respect to the due process procedure,  the  rule  shall  provide
 10    that  the  employee  receive  notice and an opportunity to be heard before the
 11    department decides in favor of disciplinary action. The rule shall  also  pro-
 12    vide  for time periods for each step of the procedures. The rule shall provide
 13    for the use of an impartial mediator upon agreement between the agency and the
 14    employee. The employee shall be entitled to be represented by a person of  the
 15    employee's  own  choosing  at  each step of the procedures, except the initial
 16    informal discussion with the immediate supervisor prior to  filing  under  the
 17    problem solving procedure.
                                                                        
 18        67-3550.  APPEAL PROCEDURE. (1) Appeals shall be limited to the following:
 19        (a)  Any  classified  employee who has successfully completed the entrance
 20        probationary period may, after completing  the  departmental  due  process
 21        procedure, appeal a disciplinary dismissal, demotion or suspension.
 22        (b)  Any  classified employee may, after completing the departmental prob-
 23        lem solving procedure, appeal the failure of an  appointing  authority  to
 24        provide a right and/or benefit to which the employee is entitled by law.
 25        (c)  Any  interested  person may  appeal any  decision or  action taken by
 26        the  bureau  chief  of  the  bureau of human resources or the staff of the
 27        bureau of human resources in the performance of their official duties.
 28        (2)  The decision or action of the appointing authority shall be final and
 29    conclusive unless a classified employee files  an  appeal  within  thirty-five
 30    (35)  days  after  completing  the departmental problem solving or due process
 31    procedure concerning the actions referred to in subsections  (1)(a),  (b)  and
 32    (c) of this section. A decision of the bureau chief shall be final and conclu-
 33    sive  as  to  any  other  interested  person  unless an appeal is filed within
 34    thirty-five (35) days of written notice of that decision.
 35        (3)  The commission  shall  assign  the  matter  for  hearing  to  a  duly
 36    appointed hearing officer, who may be a member of the commission.
 37        (4)  Where  the  action  in dispute was the discharge, demotion or suspen-
 38    sion, upon determination that proper cause did not in fact  exist  within  the
 39    definitions  set  forth in section 67-3540, Idaho Code, or that the action was
 40    taken by reason of illegal discrimination, the commission or the hearing offi-
 41    cer shall order the reinstatement of the employee in the same  position  or  a
 42    position of like status and pay, with or without loss of pay for the period of
 43    discharge,  demotion  or  suspension, or may order such other remedy as may be
 44    determined to be appropriate. In all other disputed  matters,  the  commission
 45    and the hearing officer may order such action as may be appropriate.
 46        (5)  Process  and  procedure under this act shall be as summary and simple
 47    as reasonably may be. The hearing officer appointed by  the  commission  shall
 48    have  the  power  to subpoena witnesses, administer oaths, and examine such of
 49    the books and records of the parties to a proceeding as relate  to  the  ques-
 50    tions  in dispute. A verbatim record of the proceedings at hearings before the
 51    commission or a hearing officer  shall  be  maintained  either  by  electrical
 52    devices  or  by  stenographic  means, as the commission or hearing officer may
 53    direct, but if any party to the action requests a stenographic record  of  the
 54    proceedings,  the  record shall be done stenographically. The requesting party
                                                                        
                                       19
                                                                        
  1    shall pay the costs of transcribing the proceedings.
  2        The district court, in and for the county in which any proceedings  before
  3    the  Idaho  personnel  commission are held, shall have the power to enforce by
  4    proper proceedings the attendance and testimony of witnesses,  and  production
  5    and examination of books, papers and records.
  6        (6)  If  the  parties  reach an agreement in regard to the matters of dis-
  7    pute, a memorandum of the agreement shall be filed with the commission and, if
  8    approved by it, the memorandum shall be enforceable for all purposes.
  9        (7)  The hearing officer shall give written notice of the time  and  place
 10    of  hearing,  either  by personal service or by mail. Service by mail shall be
 11    deemed complete when a copy of such notice is deposited in the  United  States
 12    post  office, with postage prepaid, addressed to a party's last known address,
 13    as shown in the records and files of the commission. An affidavit of  personal
 14    service shall be filed by the person making the same.
 15        (8)  The  hearing  officer to whom the matter has been assigned shall make
 16    such inquiry and investigations as shall be  deemed  necessary.  The  hearings
 17    shall be held in such place as the hearing officer may designate. The decision
 18    of  the  hearing  officer, consisting of such findings of fact, conclusions of
 19    law and orders as are necessary, together with the record of the  proceedings,
 20    shall  be filed in the office of the Idaho personnel commission. A copy of the
 21    hearing officer's decision shall be immediately sent to the parties by  United
 22    States mail. The decision of the hearing officer shall be final and conclusive
 23    between the parties, unless a petition for review is filed with the commission
 24    within  thirty-five (35) days. The petition for review shall specifically cite
 25    the alleged errors of fact or law made by the hearing officer.
 26        (9)  Any party in interest may file in the district court for  the  county
 27    in  which  any party to the proceedings resides, a certified copy of the final
 28    decision of the hearing officer, which the district court shall have the power
 29    to enforce by proper proceedings.
 30        (10) Where the decision and order of  the  hearing  officer  directed  the
 31    reinstatement of an employee, the employee shall be reinstated upon receipt of
 32    a copy of the decision unless a petition for review is filed.
                                                                        
 33        67-3551.  PETITION  FOR  REVIEW PROCEDURE. (1) If a petition for review is
 34    filed, the personnel commission shall review  the  record  of  the  proceeding
 35    before  the  hearing officer, briefs submitted in accordance with any briefing
 36    schedule it orders, and any transcripts submitted of the hearing in this  sec-
 37    tion.  The  commission  may  grant the parties the opportunity to present oral
 38    argument, but need not do so if the record clearly shows that  the  commission
 39    or  the  hearing  officer  lacks  jurisdiction over the appeal or petition for
 40    review. The personnel commission may affirm, reverse or modify the decision of
 41    the hearing officer, may remand the matter, or may  dismiss  it  for  lack  of
 42    jurisdiction.
 43        (2)  Any  party  in interest may file in the district court for the county
 44    in which any party to the proceedings resides, a certified copy of  the  deci-
 45    sion  of  the  commission,  which  the  district court shall have the power to
 46    enforce by proper proceedings.
 47        (3)  A decision of the commission shall be final  and  conclusive  between
 48    the parties unless, within forty-two (42) days of the filing of such decision,
 49    either  party appeals to the district court. Where the decision of the person-
 50    nel commission directed the reinstatement of an employee, the  employee  shall
 51    be  reinstated  upon  receipt  of  a copy of the decision unless a stay of the
 52    order be granted by the district court upon proper petition.
                                                                        
 53        67-3552.  APPEAL TO DISTRICT COURT. Upon the appeal of a decision  of  the
                                                                        
                                       20
                                                                        
  1    commission,  the district court may affirm, or set aside and remand the matter
  2    to the commission upon the following grounds, and shall not set the same aside
  3    on any other grounds:
  4        (1)  That the findings of fact are not based on any substantial, competent
  5    evidence;
  6        (2)  That the commission has acted without jurisdiction or  in  excess  of
  7    its powers;
  8        (3)  That the findings of fact by the commission do not as a matter of law
  9    support the decision.
                                                                        
 10        67-3553.  HOURS  OF WORK AND OVERTIME. (1) It is hereby declared to be the
 11    policy of the legislature of the state of Idaho that all classified  employees
 12    shall  be treated substantially similar with reference to hours of employment.
 13    The policy of this state as declared in this act shall not restrict the exten-
 14    sion of regular work hour schedules on an overtime basis in  those  activities
 15    and  duties  where  such  extension is necessary and authorized, provided that
 16    overtime work performed under such extension is compensated for as hereinafter
 17    provided.
 18        (2)  The appointing authority of any department shall determine the neces-
 19    sity for overtime work and shall provide for cash compensation or compensatory
 20    time off for such overtime work for eligible classified officers  and  employ-
 21    ees, subject to the restrictions of applicable federal law.
 22        (3)  Cash  for  overtime  and compensatory time shall be paid based on the
 23    following criteria:
 24        (a)  Classified and nonclassified officers and employees who  fall  within
 25        one  (1)  or more of the following categories are ineligible for cash com-
 26        pensation or compensatory time for overtime work:
 27             (i)   Elected officials; or
 28             (ii)  Those included in the definition of section 67-3534(10),  Idaho
 29             Code.
 30        (b)  Classified  and  nonclassified employees who are designated as execu-
 31        tive, as provided in section 67-3533, Idaho Code, and who are not included
 32        in the definition of subsection (3)(a) of this section, shall be  ineligi-
 33        ble  for  compensatory  time  or cash compensation for overtime work. Such
 34        salaried employees shall report absences in excess of one-half (1/2)  day.
 35        Unused  compensatory  time  balances  in excess of two hundred forty (240)
 36        hours as of the date of enactment of this act shall be forfeited on Decem-
 37        ber 31, 2008. Employees who become executives within their current  agency
 38        as set forth in section 67-3533(11), Idaho Code, shall have six (6) months
 39        from  the  date of appointment to use any compensatory time balance. After
 40        six (6) months, any remaining compensatory time shall be  forfeited.  Com-
 41        pensatory  time  is not transferable and shall be forfeited at the time of
 42        transfer to another appointing authority or  upon  separation  from  state
 43        service.
 44        (c)  Classified and nonclassified employees who are designated as adminis-
 45        trative,  professional, computer worker or other exemptions as provided in
 46        the federal  fair labor standards act, and who are  not  included  in  the
 47        definition of either subsection (3)(a) or (3)(b) of this section, shall be
 48        ineligible  for cash compensation for overtime work unless cash payment is
 49        authorized by the state board of examiners for overtime accumulated during
 50        unusual or emergency situations, but  such  classified  and  nonclassified
 51        employees  shall  be  allowed compensatory time off from duty for overtime
 52        work. Such compensatory time shall be earned and allowed on a one (1) hour
 53        for one (1) hour basis, shall not be transferable, and shall be  forfeited
 54        at the time of transfer to another appointing authority or upon separation
                                                                        
                                       21
                                                                        
  1        from  state service. Compensatory time may be accrued and accumulated to a
  2        maximum of two hundred forty (240) hours. Effective July 1, 2007,  compen-
  3        satory  time  balances in excess of two hundred forty (240) hours will not
  4        continue to accrue until the balance is below the  maximum.  On  June  15,
  5        2008,  all hours  in excess of two hundred forty (240) hours shall be for-
  6        feited.
  7        (d)  Classified employees who are not designated as executive, administra-
  8        tive, professional, computer worker or other exceptions as provided in the
  9        federal fair labor standards act or  as provided in this section, and  who
 10        are  not  included in the definition of subsection (3)(a) of this section,
 11        shall be eligible for cash compensation or compensatory time off from duty
 12        for overtime work, subject to the restrictions of applicable federal  law.
 13        Compensatory  time off may be provided in lieu of cash compensation at the
 14        discretion of the appointing authority  after  consultation,  in  advance,
 15        with  the employee. Compensatory time off shall be paid at the rate of one
 16        and one-half (1 1/2) hours for each  overtime  hour  worked.  Compensatory
 17        time  off  which has been earned during any one-half (1/2) fiscal year but
 18        not taken by the end of the succeeding one-half (1/2) fiscal  year,  shall
 19        be  paid in cash on the first payroll following the close of such succeed-
 20        ing one-half (1/2) fiscal year. Compensatory time not taken at the time of
 21        transfer to another appointing authority or  upon  separation  from  state
 22        service  shall be liquidated at the time of such transfer or separation by
 23        payment in cash.
 24        (e)  Notwithstanding the above, employees may be paid  for  overtime  work
 25        during a disaster or emergency with approval of the board of examiners.
 26        (4)  Cash  compensation  for overtime, when paid, shall be at one and one-
 27    half (1 1/2) times the hourly rate of that officer's or employee's  salary  or
 28    wage,  except  for those employees whose positions fall within the definitions
 29    of executive, administrative,  professional or computer worker or other excep-
 30    tions as provided in the federal fair labor standards act  as stated  in  sec-
 31    tion 67-3533, Idaho Code, who will be paid at their regular hourly rate of pay
 32    as provided for in subsection (3) of this section.
 33        (5)  Except  as  provided for in subsection (3) of this section, compensa-
 34    tion for authorized overtime work shall be made at the completion of  the  pay
 35    period  next  following the pay period in which the overtime work occurred and
 36    shall be added to the regular salary payment.
                                                                        
 37        67-3554.  CREDITED STATE SERVICE -- APPLICABILITY -- COMPUTATION. (1)  For
 38    the purposes of payroll, vacation or annual leave, sick leave and other appli-
 39    cable purposes, credited state service shall be earned by:
 40        (a)  Classified  officers  and  employees  of  any department, commission,
 41        division, agency or board of the executive department;
 42        (b)  Such other classified officers and employees as may be prescribed  by
 43        law or by order of the state board of examiners.
 44        (2)  Service in the employ of any of the following units of government, or
 45    other  similar units, shall not earn credited state service: counties, cities,
 46    school districts, community college districts, irrigation districts and  high-
 47    way districts. Service as an independent contractor or consultant is not state
 48    service.
 49        (3)  One (1) hour of credited state service shall be earned by each eligi-
 50    ble state officer or employee for each hour, or major fraction thereof, worked
 51    or on approved leave as provided in subsection (4) of this section.
 52        (4)  Credited  state  service  shall be earned when on approved leave with
 53    pay, on approved vacation leave, approved military  leave,  on  approved  sick
 54    leave, and holiday leave, but not when compensatory time is taken.
                                                                        
                                       22
                                                                        
  1        (5)  Service  for  retirement purposes shall be as provided in chapter 13,
  2    title 59, Idaho Code.
                                                                        
  3        67-3555.  SICK LEAVE. (1) Sick leave shall be computed as follows:
  4        (a)  The rate per hour at which sick  leave  shall  accrue  to  classified
  5        officers and employees earning credited state service shall be at the rate
  6        represented  by  the  proportion  96/2080. Sick leave shall accrue without
  7        limit, and shall be transferable from department to department.
  8        (b)  Sick leave shall not accrue to any officer or employee on any kind of
  9        leave of absence without pay, suspension without pay or layoff. Sick leave
 10        shall accrue while an officer or employee is on approved leave  with  pay,
 11        on  approved  vacation  leave, on approved military leave with pay, and on
 12        approved sick leave, but not when compensatory time is taken.
 13        (c)  All accrued sick leave shall be forfeited at the time  of  separation
 14        from  state  service  and  no  officer or employee shall be reimbursed for
 15        accrued sick leave at the time of separation, except as provided  in  sub-
 16        section  (2) of this section. If such officer or employee returns to cred-
 17        ited state service within three (3) years of  such  separation,  all  sick
 18        leave  credits  accrued  at  the  time  of separation shall be reinstated,
 19        except to the extent that unused sick leave was utilized for the  purposes
 20        specified in subsection (2) of this section.
 21        (d)  Sick  leave  shall  be  taken on a workday basis. Regularly scheduled
 22        days off and officially designated holidays falling  within  a  period  of
 23        sick  leave  shall not be counted against sick leave. Sick leave shall not
 24        be taken in advance of being earned and shall be taken only in pay periods
 25        subsequent to being earned.
 26        (e)  In cases where absences for sick leave exceed three  (3)  consecutive
 27        working  days, the appointing authority may require verification by a phy-
 28        sician or other authorized practitioner.
 29        (f)  If an absence for illness or injury extends  beyond  the  sick  leave
 30        accrued  to the credit of the officer or employee, the officer or employee
 31        may be granted leave without pay.
 32        (g)  The bureau chief  shall prescribe additional  requirements  for  sick
 33        leave  for  classified  officers and employees on a part-time or irregular
 34        schedule, for maintaining sick leave records, for funeral leave, and  such
 35        other applicable purposes as necessary.
 36        (2)  Unused sick leave may be used as follows:
 37        (a)  Upon  separation  from  state  employment by retirement in accordance
 38        with  chapter 13, title  59  or  chapter  1,  title  33,  Idaho  Code,  an
 39        employee's unused sick leave shall be determined based on accumulated sick
 40        leave  earned  subsequent  to  July  1, 1976, and shall be reported by the
 41        employer to the public employee retirement system.  Upon  separation  from
 42        state  employment  by  retirement  in accordance with chapter 20, title 1,
 43        Idaho Code, an employee's unused sick leave shall be determined  based  on
 44        accumulated  sick  leave  earned  subsequent to July 1, 2000, and shall be
 45        reported by the employer to the public employee retirement system.  A  sum
 46        equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of
 47        this  subsection  (2),  whichever  is the lesser, of the monetary value of
 48        such unused sick leave, calculated at the rate of pay for such employee at
 49        the time of retirement, as determined by the retirement  board,  shall  be
 50        transferred  from the sick leave account provided by paragraph (c) of this
 51        subsection (2)  and  shall  be  credited  to  such  employee's  retirement
 52        account.  Such  sums shall be used by the Idaho public employee retirement
 53        board to pay premiums, subject to applicable federal tax limits, for  such
 54        group  health,  dental, vision, long-term care, prescription drug and life
                                                                        
                                       23
                                                                        
  1        insurance programs as may be maintained by the state, to the extent of the
  2        funds credited to the employee's account pursuant to this section. Upon an
  3        employee's death, any unexpended  sums  remaining  in  the  account  shall
  4        revert to the sick leave account.
  5        (b)  For  the  purposes  of  determining the monetary value of unused sick
  6        leave, the maximum unused sick leave which may be considered, shall be:
  7             (i)   During the first ten thousand four hundred  (10,400)  hours  of
  8             credited  state  service,  the maximum unused sick leave which may be
  9             considered shall be four hundred twenty (420) hours;
 10             (ii)  During the second ten thousand four hundred (10,400)  hours  of
 11             credited  state  service,  the maximum unused sick leave which may be
 12             considered shall be four hundred eighty (480) hours;
 13             (iii) During the third ten thousand four hundred  (10,400)  hours  of
 14             credited  state  service,  the maximum unused sick leave which may be
 15             considered shall be five hundred forty (540) hours; and
 16             (iv)  Thereafter, the maximum unused sick leave which may be  consid-
 17             ered shall be six hundred (600) hours.
 18        (c)  Each  employer  in  state government shall contribute to a sick leave
 19        account maintained by the public employee  retirement  system  exclusively
 20        for  the  purpose of the provisions of this section. The rate of such con-
 21        tribution each pay period shall consist of a percentage of employees' sal-
 22        aries as determined by the board, and such rate  shall  remain  in  effect
 23        until  next  determined by the board. Any excess balance in the sick leave
 24        account shall be invested, and the earnings therefrom shall accrue to  the
 25        sick  leave  account except for the amount required by the board to defray
 26        administrative expenses. All moneys payable to the sick leave account  are
 27        hereby perpetually appropriated to the board, and shall not be included in
 28        its  departmental  budget. The state insurance fund and public health dis-
 29        tricts shall be considered employers in state government for  purposes  of
 30        participation under this section.
                                                                        
 31        67-3556.  VACATION TIME. (1) Vacation time shall be computed as follows:
 32        (a)  Vacation time shall not accrue to any officer or employee on any kind
 33        of leave of absence without pay, suspension without pay or  layoff.  Vaca-
 34        tion  leave shall accrue while an officer or employee is on approved leave
 35        with pay, on approved vacation leave, on approved military leave with pay,
 36        and on approved sick leave, but not when compensatory time is taken.
 37        (b)  The rate per hour at which vacation leave shall  accrue  to  eligible
 38        classified  officers  and employees earning credited state service who are
 39        covered and nonexempt under the federal fair labor standards act shall  be
 40        at  the  rate  represented  by the proportion 96/2080 during the first ten
 41        thousand four hundred (10,400) hours of credited  state  service;  at  the
 42        rate represented by the proportion 120/2080 during the second ten thousand
 43        four hundred (10,400) hours of credited state service; at the rate  repre-
 44        sented  by  the  proportion  144/2080  during  the third ten thousand four
 45        hundred (10,400) hours of credited state service; and at the rate   repre-
 46        sented by the proportion 168/2080 thereafter.
 47        (c)  Classified officers and employees earning credited state service and
 48        defined  as  an  exempt  "professional,"  "administrative,"  or  "computer
 49        worker" under the federal fair labor standards act or who  are  designated
 50        as  exempt  under  any other complete exemption in federal law shall be at
 51        the rate represented by the proportion 120/2080 during the first ten thou-
 52        sand four hundred (10,400) hours of credited state service;  at  the  rate
 53        represented by the proportion 144/2080 during the second ten thousand four
 54        hundred  (10,400)  hours of credited state service; and at the rate repre-
                                                                        
                                       24
                                                                        
  1        sented by the proportion 168/2080 thereafter.
  2        (d)  Classified officers and employees earning credited state service  and
  3        defined  as an exempt "executive" under section 67-3533, Idaho Code, shall
  4        be at the rate represented by the proportion 200/2080.
  5        (2)  Eligibility and use of vacation time shall be determined as follows:
  6        (a)  An appointing authority shall permit each officer or employee to take
  7        vacation leave to the extent such leave has accrued.
  8        (b)  Vacation leave may be accrued and accumulated only as follows, unless
  9        amounts in excess of  the  permitted  accumulations  have  been  expressly
 10        authorized  in  writing  by the board of examiners during unusual or emer-
 11        gency situations:
 12        During the first ten thousand four  hundred  (10,400)  hours  of  credited
 13    state  service,  vacation leave may be accrued and accumulated to a maximum of
 14    one hundred ninety-two (192) hours; employees classified as "executive"  under
 15    section  67-3533,  Idaho  Code,  may accrue and accumulate vacation leave to a
 16    maximum of two hundred (200) hours during this period;
 17        During the second ten thousand four hundred  (10,400)  hours  of  credited
 18    state  service,  vacation leave may be accrued and accumulated to a maximum of
 19    two hundred forty (240) hours;
 20        During the third ten thousand four  hundred  (10,400)  hours  of  credited
 21    state  service,  vacation leave may be accrued and accumulated to a maximum of
 22    two hundred eighty-eight (288) hours;
 23        After thirty-one thousand two hundred (31,200)  hours  of  credited  state
 24    service,  vacation  leave may be accrued and accumulated to a maximum of three
 25    hundred thirty-six (336) hours.
 26        (c)  Vacation leave shall be transferable from  department  to  department
 27        only to the extent that it is accrued and accumulated.
 28        (d)  Vacation leave shall not be earned, accrued or accumulated during any
 29        pay  period  in  which  the maximum accruals and accumulations provided by
 30        this section have been met.
 31        (e)  Vacation leave not taken shall be compensated for at the time of sep-
 32        aration only to the maximum accruals and  accumulations  allowed  by  this
 33        section.
 34        (f)  Vacation leave shall be taken on a workday basis. Regularly scheduled
 35        days  off  and  officially  designated holidays falling within a period of
 36        vacation leave shall not be counted against vacation leave. Vacation leave
 37        shall not be taken in advance of being earned and shall only be  taken  in
 38        pay periods subsequent to being earned.
 39        (g)  With  the approval of the appointing authority for both the transfer-
 40        ring and receiving officer or employee, an officer or employee may  trans-
 41        fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal
 42        year, to another officer or employee for purposes of sick  leave  in   the
 43        event  the receiving officer or employee or a family member suffers from a
 44        serious illness or injury. The amount transferred shall be   converted  to
 45        sick  leave.  An officer or employee shall not be allowed to  receive more
 46        than one hundred sixty (160) hours of transferred leave per  fiscal  year,
 47        and  a transfer shall not occur until the receiving employee has exhausted
 48        all of his or her accrued sick and vacation leave. An officer or  employee
 49        shall not be eligible to transfer vacation leave unless his or her balance
 50        exceeds  eighty  (80)  hours,  and  in no event may an officer or employee
 51        transfer an amount of accrued leave which would result in an accrued  bal-
 52        ance of less than eighty (80) hours.
 53        (3)  Upon  separation  from  state employment and to the limits allowed by
 54    subsection (2) of this section, all classified officers  and  employees  shall
 55    receive a lump sum payment for accrued but unused vacation leave at the hourly
                                                                        
                                       25
                                                                        
  1    rate of pay of that officer or employee.
                                                                        
  2        67-3557.  MOVING  EXPENSE REIMBURSEMENT. In order for the state to attract
  3    and retain professional staff, it may be necessary to defray normal intrastate
  4    and interstate moving expenses. The head of any department, office or institu-
  5    tion of the state shall have the authority to decide whether or not  to  reim-
  6    burse moving expenses for current or newly-hired state employees on a case-by-
  7    case  basis  up  to ten percent (10%) of the employee's base salary or fifteen
  8    thousand dollars ($15,000), whichever is less, and in  compliance  with  rules
  9    for  the  reimbursement  of moving expenses promulgated by the bureau of human
 10    resources. Exceptions to the  maximum  moving  expense  reimbursement  may  be
 11    granted if approved in advance by the department director. Agencies shall sub-
 12    mit  a report to the division of financial management and the legislative ser-
 13    vices office by October 1 on all moving expense reimbursements granted in  the
 14    preceding fiscal year.
                                                                        
 15        67-3558.  RED  CROSS DISASTER SERVICES. An employee of the state of Idaho,
 16    who is a certified disaster service volunteer, shall be granted paid leave for
 17    an aggregate of up to one hundred twenty (120) work  hours,  consecutively  or
 18    nonconsecutively,  in  any twelve (12) month period to participate in disaster
 19    relief services for the American red cross. Such leave  shall  be  limited  to
 20    services  related  to a disaster of level III, or higher, upon the declaration
 21    of the governor or the president of the United States, and  shall  be  in  the
 22    state  of Idaho or a state contiguous to the state of Idaho. The request shall
 23    be in writing from an official of the American red cross for  such  employee's
 24    services. Leave for disaster services shall be in addition to other paid leave
 25    or  vacation time provided to employees. Part-time employees shall be entitled
 26    to leave under this section based on the proportion they work of a forty  (40)
 27    hour week.
                                                                        
 28        67-3559.  LEAVE OF ABSENCE WITH PAY IN LIEU OF WORKER'S COMPENSATION BENE-
 29    FITS.  (1) Whenever any employee of the state of Idaho who is categorized as a
 30    police officer for retirement purposes pursuant  to  section  59-1302A,  Idaho
 31    Code,  is  physically  disabled  by a serious injury arising out of and in the
 32    course of his duties, and the injury is induced by a second party, he shall be
 33    entitled, regardless of his period of service with the department, to a  leave
 34    of  absence  while so disabled without loss of salary or benefits for a period
 35    of not more than one (1) year. Any worker's compensation payments made to  the
 36    employee  shall  revert back to the employee's department. For the purposes of
 37    this section, "serious injury" means an injury which renders the police  offi-
 38    cer  incapable  of  performing  the  regularly  assigned duties of his regular
 39    employment position or office and "injury induced by a second party" means  an
 40    injury  induced  by the negligent, malicious or intentional act or omission of
 41    another person during a chargeable misdemeanor or felony.
 42        (2)  It shall be the duty of the director of the applicable department  to
 43    determine  whether or not the disability referred to in subsection (1) of this
 44    section arose out of and in the course of duty. The director of the applicable
 45    department shall also determine when such disability ceases.
 46        (3)  Payment of salary pursuant to this section  shall  not  preclude  the
 47    disabled  police  officer from receiving regular medical, surgical or hospital
 48    coverage as provided pursuant to section 67-5761, Idaho Code.
 49        (4)  If a police officer is disabled for more than one (1) year  then  the
 50    regular  disability  insurance provisions of the Idaho Code shall apply to any
 51    period of disability beyond the one (1) year period of disability  covered  by
 52    this section.
                                                                        
                                       26
                                                                        
  1        (5)  The provisions of this section shall not apply to periods of disabil-
  2    ity  which  occur  subsequent  to  termination  of  employment by resignation,
  3    retirement or dismissal.  When the provisions of this section  do  not  apply,
  4    the  employee  shall  be eligible for those benefits which would apply if this
  5    section had not been enacted.
                                                                        
  6        67-3560.  SEVERANCE PAY FOR STATE EMPLOYEES. Upon termination  from  state
  7    service,  no classified or nonclassified employee shall be eligible for sever-
  8    ance pay and no employer shall  provide  or  pay  severance  pay  to  such  an
  9    employee  or  former  employee. As used in this section, "severance pay" shall
 10    mean money, exclusive of wages or salary, vacation leave payoff and, compensa-
 11    tory time leave payoff paid to a classified  or  nonclassified   employee  who
 12    resigns from state service of his own volition and not under duress.
                                                                        
 13        67-3561.  LEAVE  OF  ABSENCE  FOR ORGAN DONATION. (1) A full-time employee
 14    shall be granted a leave of absence for the time specified for  the  following
 15    purposes:
 16        (a)  Five  (5)  workdays  to  serve as a bone marrow donor if the employee
 17        provides the appointing authority written verification that  the  employee
 18        is to serve as a bone marrow donor; and
 19        (b)  Thirty  (30) workdays to serve as a human organ donor if the employee
 20        provides the appointing authority written verification that  the  employee
 21        is to serve as a human organ donor.
 22        (2)  An  employee who is granted a leave of absence pursuant to the provi-
 23    sions of this section shall receive his compensation without interruption dur-
 24    ing the leave of absence. For purposes of determining longevity,  performance,
 25    pay advancement and performance awards and for receipt of any benefit that may
 26    be  affected  by a leave of absence, the service of the employee shall be con-
 27    sidered uninterrupted by the leave of absence.
 28        (3)  The appointing authority shall not penalize an employee for  request-
 29    ing  or  obtaining  a leave of absence pursuant to the provisions of this sec-
 30    tion.
 31        (4)  The leave authorized by this section may be requested by the employee
 32    only if the employee is the person who is serving as the donor.
                                                                        
 33        SECTION 4.  That Section 33-2203, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        33-2203.  FURTHER  POWERS  OF BOARD. It shall have full power to formulate
 36    plans for the promotion of professional-technical education in  such  subjects
 37    as are an essential and integral part of the public school system of the state
 38    of  Idaho, and to provide for the preparation of teachers of such subjects. It
 39    shall have full power to fix the compensation of such officials and assistants
 40    as may be necessary to administer the federal act herein referred to,  and  to
 41    pay  such  compensation  and  other  necessary expenses of administration from
 42    funds appropriated in this chapter and from money received  under  the  provi-
 43    sions of the federal act. It shall have authority to make studies and investi-
 44    gations relating to professional-technical education in such subjects, to pro-
 45    mote and aid in the establishment of local communities of schools, departments
 46    or classes, giving training in such subjects; to cooperate with the local com-
 47    munities  in  the maintenance of such schools, departments or classes; to pre-
 48    scribe qualifications for teachers, directors and supervisors  for  such  sub-
 49    jects,  and  to  have  full authority to provide for the certification of such
 50    teachers, directors and supervisors, subject to the laws and  rules  governing
 51    the  state board of education; to cooperate in the maintenance of classes sup-
                                                                        
                                       27
                                                                        
  1    ported and controlled by the public for the preparation of teachers, directors
  2    and supervisors of such subjects, or to maintain such classes  under  its  own
  3    direction and control; to establish and determine by general rule the qualifi-
  4    cations  to  be  possessed by persons engaged in the training of professional-
  5    technical teachers. The board shall also provide for training of state employ-
  6    ees in employee evaluation, dispute resolution, stress management, in supervi-
  7    sion, and in other human resource related subjects and topics.
                                                                        
  8        SECTION 5.  That Section 67-1001, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        67-1001.  DUTIES OF CONTROLLER. It is the duty of the state controller:
 11        (1)  To superintend the fiscal concerns of the state, with its accounting,
 12    informational, payroll, and related data processing services.
 13        (2)  To  deliver to the governor and the legislative services office on or
 14    before the first day of January, a financial statement,  which  complies  with
 15    generally accepted accounting principles, of the funds of the state, its reve-
 16    nues, and of the public expenditures during the preceding fiscal year.
 17        (3)  When requested, to give information in writing to either house of the
 18    legislature  relating  to the fiscal affairs of the state or the duties of his
 19    office.
 20        (4)  To suggest plans and  provide  internal  control  standards  for  the
 21    improvement  and  management  of the public revenues, assets, expenditures and
 22    liabilities.
 23        (5)  To keep and state all accounts in which the state is interested.
 24        (6)  To keep an account of all warrants drawn upon the  treasurer,  and  a
 25    separate  account  under  the head of each specified appropriation, showing at
 26    all times the unexpended balance of such appropriation.
 27        (7)  To keep an account between the state and the treasurer,  and  therein
 28    charge  the  treasurer  with  the  balance  in  the treasury when he came into
 29    office, and with all moneys received by him, and credit him with all  warrants
 30    drawn on and paid by him.
 31        (8)  To  keep a register of warrants, showing the fund or funds upon which
 32    they are drawn, the number, in whose favor, the  appropriation  applicable  to
 33    the payment thereof, and when the liability accrued.
 34        (9)  To  examine  and  settle  the accounts of all persons indebted to the
 35    state.
 36        (10) In his discretion to require any person  presenting  an  account  for
 37    settlement  to be sworn before him, and to answer, orally or in writing, as to
 38    any facts relating to it.
 39        (11) To require all persons who have received any moneys belonging to  the
 40    state and have not accounted therefor to settle their accounts.
 41        (12) To  account  for  the collection of all moneys due the state, not the
 42    responsibility of any other agency and institute suits in  its  name  for  all
 43    official  delinquencies  in  relation to assessment, collection and payment of
 44    the revenue, and against persons who by any means  have  become  possessed  of
 45    public money or property and fail to pay over or deliver the same, and against
 46    all debtors of the state, of which suits the courts of Ada Ccounty have juris-
 47    diction, without regard to the residence of the defendants.
 48        (13) To  draw warrants on the treasurer for the payment of moneys directed
 49    by law to be paid out of the treasury; but no warrant  must  be  drawn  unless
 50    authorized by law.
 51        (14) To  furnish  the state treasurer with a daily total dollar amount, by
 52    fund, and/or account when requested by the state treasurer, of warrants  drawn
 53    upon the treasury.
                                                                        
                                       28
                                                                        
  1        (15) To  authenticate with his signature, his electronic signature, or his
  2    facsimile signature all warrants drawn by him, and all copies of official doc-
  3    uments issued from his office.
  4        (16) To charge the state treasurer with money and evidences  of  indebted-
  5    ness  received  from and credit him for money drawn by the state board of land
  6    commissioners in the moneys or accounts over which said board has control.
  7        (17) To act ex officio as member of the  board  of  canvassers  and  state
  8    board  of  land  commissioners, secretary of the state board of examiners, and
  9    participant in other organizations in the performance of such duties  as  pre-
 10    scribed by law for such officer.
 11        (18) To create and establish such divisions and other administrative units
 12    within the office as necessary.
 13        (19)  To  identify  actions  on Idaho's paperless online personnel/payroll
 14    system (IPOPS) that do not meet Idaho Code  statutes or  rules of  the  bureau
 15    of  human  resources and   alert the division of financial management for fur-
 16    ther review. Reports from the Idaho business intelligence system (IBIS)  shall
 17    assist with post-audit review of IPOPS action.
                                                                        
 18        SECTION  6.  That  Chapter  13,  Title 72, Idaho Code, be, and the same is
 19    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 20    ignated as Section 72-1345A,  Idaho Code, and to read as follows:
                                                                        
 21        72-1345A.  DUTIES  REGARDING EMPLOYMENT IN CLASSIFIED STATE POSITIONS. (1)
 22    The department shall assist state government agencies  in  filling  employment
 23    openings  for classified officers and employees  on the basis of open competi-
 24    tive merit examinations or evaluations. An application will be accepted  after
 25    the closing date  from a person who was serving in the armed forces, or under-
 26    going  service-connected  hospitalization  up  to  one (1) year following dis-
 27    charge. The application must be submitted within one hundred twenty (120) days
 28    of separation from the armed forces or hospitalization and prior to the  expi-
 29    ration  of the register established as a result of the examination. A disabled
 30    veteran may file an application at any time up until a selection has been made
 31    for any position for which the department  maintains a register  as  a  source
 32    for  future  job  openings or for which a register is about to be established,
 33    provided he or she has not already been examined twice for the  same  position
 34    and  grade for which application is made, does not have current eligibility on
 35    that register, or is not serving in a competitive position in the  same  grade
 36    for  which  application  is made. Examinations may be assembled or unassembled
 37    and may include various examining techniques such as rating  of  training  and
 38    experience,  written  tests,  oral  interviews,  recognition  of  professional
 39    licensing,  performance tests, investigations and any other measure of ability
 40    to perform the duties of the position. Examinations  shall  be  scored  objec-
 41    tively.  Five (5) percentage points shall be added to the earned rating of any
 42    veteran as defined in section 65-502, Idaho Code, and the widow or widower  of
 43    any  veteran  as  defined  in section 65-502, Idaho Code, as long as he or she
 44    remains unmarried. Pursuant to section 65-504, Idaho Code, ten (10) percentage
 45    points shall be added to the earned rating of any disabled veteran as  defined
 46    in section 65-502, Idaho Code, the widow or widower of any disabled veteran as
 47    long  as  he  or  she remains unmarried or the spouse of any eligible disabled
 48    veteran who cannot qualify for any public employment because of a service-con-
 49    nected disability.
 50        (2)  Employment registers shall be established by the department in  order
 51    of  final  score except that the names of all five (5) and ten (10) percentage
 52    point preference eligibles resulting from any merit system  or  civil  service
 53    examination shall be placed on the register in accordance with their augmented
                                                                        
                                       29
                                                                        
  1    rating.  Certification of eligibility for appointment to vacancies shall be in
  2    accordance with a formula which limits selection by the hiring department from
  3    among the ten (10) top ranking available eligibles plus the names of all indi-
  4    viduals with scores identical to the tenth ranking eligible on the register. A
  5    register with at least five (5) eligibles  shall be adequate. Selective certi-
  6    fication shall be permitted when justified by  the  hiring  department,  under
  7    rules to be made by the bureau of human resources defining adequate justifica-
  8    tion based on the duties and requirements of the positions.
  9        (3)  An  interagency  promotion shall be made through competitive examina-
 10    tion or evaluation and all qualified state employees shall have  the  opportu-
 11    nity to compete for such promotions. If an employee's name appears within cer-
 12    tifiable  range on a current register for a higher classification, he shall be
 13    eligible for a transfer and promotion.
 14        (4)  The department shall maintain registers with reemployment  preference
 15    for  classified  employees  who  have been laid off pursuant to a reduction in
 16    force.
 17        (5)  If the department provides customized services to  any  participating
 18    department,  the  department  shall  bill the participating department for the
 19    actual cost of the customized  services.  All  participating  departments  are
 20    hereby  authorized  and  directed to pay out of their funds the actual cost of
 21    customized  services  provided  to  them   by   the   department.   The   term
 22    "participating  department"  shall  be  defined  in  accordance  with  section
 23    67-3533(20), Idaho Code.
 24        (6)  At  the  direction  and  schedule  determined  by the bureau of human
 25    resources, the department shall conduct  annual  salary  and  benefit  surveys
 26    within  relevant  labor  markets  to compare salary  and benefit packages that
 27    represent competitive labor market average rates and benefits provided by pri-
 28    vate industry and other governmental units for use  by  the  bureau  of  human
 29    resources.
 30        (7)  The  department shall maintain an automated system for recruiting and
 31    tracking applicants for classified positions.
 32        (8) Appeal rights from actions taken by the department  pursuant  to  this
 33    section  shall  be limited to examination or evaluation  scoring. Any competi-
 34    tor, by written request to the department, may  appeal  the  competitor's  own
 35    score within fifteen (15) calendar days after notice of the scoring result was
 36    sent  to  the competitor. When an appeal is timely filed, the department shall
 37    review the test, may change the score and may take any other actions necessary
 38    to ensure the integrity and quality of the testing process. The actions  taken
 39    by  the  department on the competitor's appeal shall constitute a final agency
 40    action not subject to judicial review. The contested case  provisions  of  the
 41    Idaho  administrative  procedure  act, chapter 52, title 67, Idaho Code, shall
 42    not be applicable.
                                                                        
 43        SECTION 7.  That Section 9-348, Idaho Code, be, and  the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        9-348.  PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
 46    LISTS  --  PENALTY.  (1) Except as provided in subsections (2), (3), (4), (5),
 47    (6), (7), (8) and (9) of this section, in order  to  protect  the  privacy  of
 48    those  who  deal  with public agencies or an independent public body corporate
 49    and politic:
 50        (a)  No agency or independent public body corporate and politic  may  dis-
 51        tribute  or  sell for use as a mailing list or a telephone number list any
 52        list of persons without first securing the  permission  of  those  on  the
 53        list; and
                                                                        
                                       30
                                                                        
  1        (b)  No  list of persons prepared by the agency or independent public body
  2        corporate and politic may be used as a mailing list or a telephone  number
  3        list except by the agency or independent public body corporate and politic
  4        or  another  agency  without first securing the permission of those on the
  5        list.
  6        (2)  Except as may be otherwise provided in  this  chapter,  this  section
  7    does  not  prevent  an individual from compiling a mailing list or a telephone
  8    number list by examination or copying of public records, original documents or
  9    applications which are otherwise open to public inspection.
 10        (3)  The provisions of this section do not apply to the  lists  of  regis-
 11    tered  electors  compiled pursuant to title 34, Idaho Code, or to lists of the
 12    names of employees governed by chapter 53, title 67 sections  67-3532  through
 13    67-3561, Idaho Code.
 14        (4)  The  provisions  of  this  section  shall not apply to agencies which
 15    issue occupational or professional licenses.
 16        (5)  This section does not apply to the right of access  either  by  Idaho
 17    law enforcement agencies or, by purchase or otherwise, of public records deal-
 18    ing with motor vehicle registration.
 19        (6)  This section does not apply to a corporate information list developed
 20    by  the  office of the secretary of state containing the name, address, regis-
 21    tered agent, officers and directors of corporations authorized to do  business
 22    in this state or to a business information list developed by the department of
 23    commerce  containing  the  name,  address,  telephone number or other relevant
 24    information of Idaho businesses or individuals requesting information  regard-
 25    ing  the  state  of  Idaho or to business lists developed by the department of
 26    agriculture, division of marketing and development, used to promote  food  and
 27    agricultural products produced in Idaho.
 28        (7)  This  section does not apply to lists to be used for ordinary utility
 29    purposes which are requested by a person who supplies utility services in this
 30    state. Ordinary utility purposes, as used in this chapter only, do not include
 31    marketing or marketing research.
 32        (8)  This section does not apply to  lists  to  be  used  to  give  notice
 33    required by any statute, ordinance, rule, law or by any governing agency.
 34        (9)  This section does not apply to student directory information provided
 35    by  colleges, universities, secondary schools and school districts to military
 36    recruiters for military recruiting purposes pursuant to  the  requirements  of
 37    federal laws.
 38        (10) If  a  court  finds that a person or public official has deliberately
 39    and in bad faith violated the provisions of subsection (1)(b) of this section,
 40    the person or public official shall be liable for a civil penalty assessed  by
 41    the  court  in  an amount not in excess of one thousand dollars ($1,000) which
 42    shall be paid into the general account fund.
                                                                        
 43        SECTION 8.  That Section 19-870, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        19-870.  POWERS  AND  DUTIES.  (1) Subject to the provisions of subsection
 46    (2) of this section, the state appellate public defender, upon appointment  by
 47    the  court,  shall  provide  representation  for indigent defendants in felony
 48    criminal actions in the following cases:
 49        (a)  Appeals from convictions in district court, where the  appellant  was
 50        convicted on or after September 1, 1998;
 51        (b)  Appeals from the district court in post-conviction relief proceedings
 52        brought pursuant to the uniform post-conviction procedure act, chapter 49,
 53        title  19,  Idaho  Code,  where  the  denial of the post-conviction relief
                                                                        
                                       31
                                                                        
  1        occurred on or after September 1, 1998;
  2        (c)  Appeals from the district court in habeas corpus proceedings  brought
  3        pursuant  to  chapter  42,  title  19,  Idaho Code, where the petition was
  4        denied on or after September 1, 1998;
  5        (d)  Post-conviction relief proceedings in district court in capital cases
  6        where the appellant was sentenced on or after September 1, 1998, or  where
  7        the  court  has appointed the state appellate public defender or the state
  8        appellate public defender has accepted the request by the court for repre-
  9        sentation in the case and such event occurred on or after  July  1,  1998,
 10        but before March 1, 1999.
 11        (2)  The  services  of the state appellate public defender shall be avail-
 12    able only to those counties participating in the capital crimes  defense  fund
 13    established pursuant to section 19-863A, Idaho Code.
 14        (3)  The state appellate public defender may employ deputy state appellate
 15    public  defenders and other employees necessary to carry out the responsibili-
 16    ties of the office. The state appellate public defender,  in  his  discretion,
 17    may  contract  with  private attorneys to provide representation on a case-by-
 18    case basis when such contracts would conserve budgetary resources.
 19        (a)  A deputy state appellate public defender must be licensed to practice
 20        law in the state of Idaho and possess any other qualifications required by
 21        the state appellate public defender.
 22        (b)  The state appellate public defender shall fix the compensation of all
 23        employees of the office and they shall serve at his pleasure.
 24        (c)  The state appellate public defender, deputy  state  appellate  public
 25        defenders  and  all  employees of the office of the state appellate public
 26        defender  shall  be   nonclassified   employees,   pursuant   to   section
 27        67-53033534, Idaho Code.
 28        (4)  The  state  appellate  public  defender  shall have any and all other
 29    powers and duties necessary to carry out the purposes of this  act,  including
 30    the authority to promulgate rules in accordance with the provisions of chapter
 31    52, title 67, Idaho Code.
                                                                        
 32        SECTION  9.  That  Section  20-214, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        20-214.  ASSISTANTS AND OFFICERS. The state board of correction shall have
 35    power and authority to employ, to specify the training, and to fix the  duties
 36    of  such  assistants,  officers and other persons necessary for the proper and
 37    efficient administration of the department of correction and the property used
 38    in connection therewith, for the administration of the  parole  and  probation
 39    system, and generally for the carrying out of the provisions of this act, sub-
 40    ject  to  the  provisions  of  chapter  53, title 67  sections 67-3532 through
 41    67-3561, Idaho Code.
                                                                        
 42        SECTION 10.  That Section 21-142, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        21-142.  POWERS  AND DUTIES OF BOARD. The Idaho transportation board shall
 45    be vested with the functions, powers and duties relating to the provisions  of
 46    this act and shall have power to:
 47        (1)  Contract  in the name of the state with respect to the rights, powers
 48    and duties vested in the board by this act.
 49        (2)  Locate, design, construct, reconstruct,  alter,  extend,  repair  and
 50    maintain  state  aeronautical facilities when determined by the board to be in
 51    the public interest.
                                                                        
                                       32
                                                                        
  1        (3)  Establish standards for the location,  design,  construction,  recon-
  2    struction, alteration, extension, repair and maintenance of state aeronautical
  3    facilities.
  4        (4)  Make  annually  on  or before the first day of December of each year,
  5    and at such other times as the governor may require, reports in writing to the
  6    governor concerning the condition, management and  financial  transactions  of
  7    the transportation department.
  8        (5)  Purchase,  condemn  or otherwise acquire, and exchange any real prop-
  9    erty, either in fee or in any lesser estate or interest, rights-of-way,  ease-
 10    ments and other rights together with rights of direct access from the property
 11    abutting aeronautical facilities, deemed necessary by the board for present or
 12    future  aeronautical  purposes. The order of the board that the land sought is
 13    necessary for such use shall be prima facie evidence of such fact.
 14        (6)  Cooperate with, receive and expend grants from  the  federal  govern-
 15    ment,  and receive and expend gifts and grants from other sources for the con-
 16    struction and improvement of any aeronautical facility and, when authorized or
 17    directed by any act of congress or any rule or regulation of any agency of the
 18    federal government, expend funds so donated or granted.
 19        (7)  Contract jointly with counties, municipalities and other public agen-
 20    cies for the improvement and construction of aeronautical facilities.
 21        (8)  Expend funds for the construction,  maintenance  and  improvement  of
 22    publicly owned aeronautical facilities.
 23        (9)  Prescribe  rules  and  regulations affecting aeronautical facilities,
 24    and enforce compliance therewith.
 25        (10) Cooperate financially or otherwise with any other  state,  county  or
 26    city  of  any other state, or with any foreign country or any province or dis-
 27    trict of any foreign country, or with the government of the United States,  or
 28    any agency thereof, or private agencies or persons, or with any or all thereof
 29    for  the  erecting, construction, reconstructing, and maintaining of any aero-
 30    nautical facility between the state of Idaho and any other  state  or  foreign
 31    country,  and  for the purchase or condemnation or other acquisition of right-
 32    of-way therefor.
 33        (11) Close or restrict the use of any state aeronautical facility whenever
 34    such closing or restricting of use is deemed necessary.
 35        (12) Establish such departmental divisions as are necessary for  the  full
 36    and efficient administration of this act.
 37        (13) Employ  such  personnel as are necessary subject to the provisions of
 38    the public employees retirement system (chapter 13,  title  59,  Idaho  Code),
 39    group  insurance  plan (chapter 12, title 59, Idaho Code), or personnel system
 40    (chapter 53, title 67sections 67-3532 through 67-3561, Idaho Code).
 41        (14) Sell, exchange, or otherwise dispose of  and  convey,  in  accordance
 42    with  law, any real or personal property, other than public lands which by the
 43    constitution and laws of the state of Idaho are placed under the  jurisdiction
 44    of  the  state land board, or parts thereof, together with appurtenances, when
 45    in the opinion of the board, said real property and/or  appurtenances  are  no
 46    longer needed for state aeronautical purposes, and also dispose of any surplus
 47    materials and by-products byproducts from such property and appurtenances.
 48        (15) Establish  rules  and regulations, consistent with the laws of Idaho,
 49    for the expenditure of all moneys appropriated and/or allotted by law  to  the
 50    Idaho transportation department or the board.
 51        (16) Exercise  such  other  powers  and  duties, including the adoption of
 52    bylaws, and rules and regulations, necessary to fully implement and carry  out
 53    the  provisions  of  this  act and the provisions of title 21, Idaho Code, not
 54    inconsistent herewith.
                                                                        
                                       33
                                                                        
  1        SECTION 11.  That Section 21-148, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        21-148.  CONTINUATION  OF  RIGHTS  AND  PRIVILEGES OF PRESENT EMPLOYEES --
  4    EFFECT. Nothing herein contained shall affect  the  rights  or  privileges  of
  5    employees  of the present department of aeronautics under the public employees
  6    retirement system (chapter 13, title 59, Idaho  Code),  group  insurance  plan
  7    (chapter  12, title 59, Idaho Code), or personnel system (chapter 53, title 67
  8    sections 67-3532 through 67-3561, Idaho Code).
                                                                        
  9        SECTION 12.  That Section 22-103, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
 12    shall  execute  the powers and discharge the duties vested by law in him or in
 13    the department, including, but not limited to, the following:
 14        (1)  Pursuant to chapter 53, title 67 sections  67-3532  through  67-3561,
 15    Idaho  Code, hire, assign duties and evaluate the performance of all employees
 16    of the department.
 17        (2)  Designate employees for special assignment, office or function as the
 18    needs of the department may require.
 19        (3)  Acquire, generate, develop and disseminate information and data  con-
 20    cerning agricultural pursuits, productivity and product quality.
 21        (4)  Encourage  and  promote  in  every practical manner, the interests of
 22    agriculture, horticulture, apiculture, aquaculture, the livestock  industries,
 23    poultry and fowl raising, wool and fur-bearing animals and their allied indus-
 24    tries.
 25        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 26    tutes, agricultural, horticultural, management or  cooperative  societies  and
 27    organizations for the benefit of agricultural pursuits in this state.
 28        (6)  Promote  improved methods of production, storage, sales and marketing
 29    of agricultural industries.
 30        (7)  Establish and promulgate standards of construction, use  and  sanita-
 31    tion of open and closed receptacles for farm products, and standards for grade
 32    or other classification of farm products.
 33        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 34    and the registration thereof, for use upon receptacles for farm products.
 35        (9)  Promote, in the interest of the public, economical and efficient  use
 36    of  products and commodities used in the production of agricultural, horticul-
 37    tural, meats and other products and farm commodities and their distribution.
 38        (10) Cooperate with producers, processors and consumers  in  devising  and
 39    maintaining economical and efficient systems of distribution, and to assist in
 40    the reduction of waste and expense incidental to the marketing of agricultural
 41    products.
 42        (11) Gather  and diffuse timely information and statistics concerning sup-
 43    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 44    ucts.
 45        (12) Maintain  a  market  news  service,  including information concerning
 46    crops, freight rates, commission rates and such other information as may be of
 47    service to producers and consumers, and to act as a clearinghouse for informa-
 48    tion between producers and consumers.
 49        (13) Cooperate with the secretary, colleges and  universities,  experiment
 50    stations,  and other agencies which cooperate in devising, research and devel-
 51    opment and utilization of improved agricultural production and  other  activi-
 52    ties.
                                                                        
                                       34
                                                                        
  1        (14) Investigate  the practices, methods of factors, management techniques
  2    of commission merchants, track buyers and others who  receive,  solicit,  buy,
  3    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
  4    vegetables or other products used as human foods, to the end that distribution
  5    of such commodities through such factors, commission merchants,  track  buyers
  6    and  others  be  efficiently  and  economically accomplished without hardship,
  7    waste or fraud.
  8        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
  9    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 10    store room, sales room, storage facility, depot or other  place  where  fruits
 11    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 12    vines, shrubs or other articles within the state, and if such places or  arti-
 13    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 14    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 15    eradicate the same as a nuisance.
 16        (16) Provide  treatment for and prevent the spread of infectious or commu-
 17    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 18    mals  through  the systematic and periodic inspection, testing or treatment of
 19    such bees and animals at the expense of the owner thereof.
 20        (17) Protect the livestock interests of the state from losses due to  dis-
 21    ease  or  hazards to animal health and communicable to humans through agricul-
 22    tural products. The director is authorized to regulate, as  deemed  necessary,
 23    commercial  livestock  truck  washing facilities. This includes permitting for
 24    the treatment or disposal, at any location, of any wash water generated by the
 25    facility. This subsection preempts Idaho department of environmental quality's
 26    authority to issue land application permits and to do plan  and  specification
 27    reviews  under    section 39-118, Idaho Code, for livestock truck wash facili-
 28    ties, but does not affect any other authority of the Idaho department of envi-
 29    ronmental quality.
 30        (18) Maintain recording of earmarks, eartags or  other  identifying  marks
 31    not covered under any other provisions of law.
 32        (19) Purchase,  lease,  hold, sell, and dispose of real and personal prop-
 33    erty of the department when, in the judgment of the  director,  such  transac-
 34    tions promote the purposes for which the department is established.
 35        (20) Contract  with  any state agency, federal agency or agency of another
 36    state concerning any matter, program or cooperative effort  within  the  scope
 37    and jurisdiction of its authority pursuant to law.
 38        (21) Assist  in  the  improvement of country life, farm occupations and to
 39    cooperate in effectuating equality of opportunity of those employed  in  agri-
 40    cultural pursuits in the state of Idaho.
 41        (22) Investigate  diseases,  contamination of livestock and poultry, agri-
 42    cultural, horticultural, and farm products, suspected to be infected  or  con-
 43    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 44    ical  or  other  disease-producing  agents,  or carrying a residue of any such
 45    disease-producing agent or chemical in excess of any tolerance established  by
 46    federal  or  state  law or regulation and to examine, conduct tests, and issue
 47    "hold orders" on any livestock, poultry, agricultural, horticultural  or  farm
 48    products  as deemed necessary to effectuate a diagnosis of disease, contamina-
 49    tion or chemical level to safeguard and protect animal and man. And  addition-
 50    ally,  authorize and implement a predator control program on state and private
 51    lands using any kind of toxic material or substance suitable for such purpose.
 52    Any toxic material or substance shall be approved for use by the director.  In
 53    order  to carry out the provisions of this subsection (22), the director shall
 54    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
 55        (23) Prescribe by rule an interest charge which may  be  assessed  on  all
                                                                        
                                       35
                                                                        
  1    accounts  which are thirty (30) days past due from the initial billing date or
  2    the assessment due date. The interest rate charged  shall  not  exceed  twelve
  3    percent (12%) per annum.
  4        (24) To  take  all  steps that are deemed necessary to prevent and control
  5    damage or conflicts on federal, state, or other public or private lands caused
  6    by predatory animals, rodents, or birds, including  threatened  or  endangered
  7    wildlife within the state of Idaho as are established by federal or state law,
  8    federal or state regulation, or county ordinance, that are injurious to animal
  9    husbandry,  agriculture, horticulture, forestry, wildlife and human health and
 10    safety.
 11        (25) To administer oaths, certify to all official acts  and  subpoena  any
 12    person  in  this state as a witness; to compel through subpoena the production
 13    of books, papers, and records; and to take the  testimony  of  any  person  on
 14    deposition in the same manner as prescribed by law in the procedure before the
 15    courts  of  this  state. A subpoena issued by the director shall extend to all
 16    parts of the state and may be served by any person authorized to  do  so.  All
 17    powers  of  the  director  enumerated  in this subsection (25) with respect to
 18    administering oaths, power of subpoena, and other powers in hearings  on  com-
 19    plaints  shall likewise be applicable to hearings held on applications for the
 20    issuance or renewal of licenses.
 21        (26) To appoint, as necessary, committees for the purpose of advising  the
 22    director  on  any and all matters relating to agricultural programs within the
 23    Idaho department of agriculture.
 24        (27) Cooperate with producers, industry and technology groups,  and  other
 25    agencies to encourage the growth of technology within the state's agricultural
 26    industries  while protecting, as necessary, the integrity of existing agricul-
 27    ture and agricultural marketing channels.
                                                                        
 28        SECTION 13.  That Section 23-207, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        23-207.  SPECIFIC  RULES. AND REGULATIONS. Without attempting or intending
 31    to limit the general powers of the superintendent of the dispensary  contained
 32    in  section  23-206,  Idaho  Code, such powers shall extend to and include the
 33    following:
 34        (a)  To prescribe the duties of the secretary, and to supervise  his  con-
 35    duct while in the discharge of his duties.
 36        (b)  Subject  to  the  provisions of chapter 53, title 67 sections 67-3532
 37    through 67-3561, Idaho Code, to prescribe the qualifications of and to  select
 38    clerks, accountants, agents, vendors, inspectors, servants, legal counsel, and
 39    other  personnel to conduct its business and perform its functions; to require
 40    that those holding positions of trust be bonded to the state of Idaho  in  the
 41    time,  form  and  manner prescribed by chapter 8, title 59, Idaho Code; to fix
 42    the compensation of all appointees and employees, assign their duties, and  to
 43    discharge them.
 44        (c)  To regulate the management, operation, bookkeeping, reporting, equip-
 45    ment,  records,  and  merchandise of state liquor stores and distribution sta-
 46    tions and warehouses.
 47        (d)  To regulate the importation, purchase, transportation, and storage of
 48    alcoholic liquor and the  furnishing  of  alcoholic  liquor  to  state  liquor
 49    stores, distribution stations, and warehouses established under this act.
 50        (e)  To  determine the classes, varieties, and brands of alcoholic liquors
 51    to be kept in state warehouses and for sale at state liquor stores and distri-
 52    bution stations.
 53        (f)  To determine the nature, form, and capacity  of  packages  containing
                                                                        
                                       36
                                                                        
  1    liquor kept or sold.
  2        (g)  To  prescribe  the kinds and character of official seals or labels to
  3    be attached to packages of liquor sold.
  4        (h)  From time to time to fix the sale  prices,  which  shall  be  uniform
  5    throughout  the state, of the different classes, varieties, or brands of alco-
  6    holic liquor, and to issue and distribute price lists thereof.
  7        (i)  To prescribe, prepare, and  furnish  printed  forms  and  information
  8    blanks  necessary or convenient for administering this act, and printed copies
  9    of the regulations rules made thereunder. To contract for the printing thereof
 10    and of all necessary records and reports.
 11        (j)  To regulate the issuance, suspension and revocation  of  permits  and
 12    licenses to purchase, manufacture and handle or traffic in alcoholic liquor.
 13        (k)  To  prescribe the conditions and qualifications necessary for obtain-
 14    ing permits and licenses, and the conditions of use of privileges under  them;
 15    and  to  provide  for  the inspection of the records and the conduct of use of
 16    permittees and licensees.
 17        (l)  To prescribe the kind, quality, and character  of  alcoholic  liquors
 18    which may be purchased or sold under any and all licenses and permits, includ-
 19    ing  the quantity which may be purchased or sold at any one (1) time or within
 20    any specified period of time.
                                                                        
 21        SECTION 14.  That Section 25-1104, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        25-1104.  OFFICERS,  DEPUTIES  AND  ASSISTANTS. The state brand inspector,
 24    with the approval of the state brand board,  and  within  the  limits  of  any
 25    appropriation made available for such purposes, shall appoint, fix the compen-
 26    sation, determine the tenure of office, and prescribe the duties and powers of
 27    four (4) district supervisors. The employment of other officers, deputies, and
 28    assistants as may be necessary for the performance of the duties of his office
 29    shall  be  subject  to the provisions of chapter 53, title 67 sections 67-3532
 30    through 67-3561, Idaho Code. The state brand inspector shall station  deputies
 31    and  assistants  in such localities as he shall deem advisable for the perfor-
 32    mance of his duties, and the sheriff and his deputies in the counties  of  the
 33    state  may  perform the duties of ex officio brand inspectors under the guide-
 34    lines set forth by the state brand board and state law. When  the  sheriff  or
 35    his  deputies  act  in  the capacity of ex officio brand inspector as provided
 36    herein, they shall collect all brand inspection fees and other  fees  as  pro-
 37    vided by law and remit the same to the state brand inspector. Compensation for
 38    the sheriff and his deputies when acting as ex officio brand inspectors may be
 39    fixed  by contract between the state brand board and the sheriff in accordance
 40    with section 31-3101, Idaho Code.
                                                                        
 41        SECTION 15.  That Section 33-127, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        33-127.  EMPLOYEES.  Employees of the department shall be appointed by the
 44    superintendent of public instruction in  accordance  with  the  provisions  of
 45    chapter  16,  title  59,  and  chapter  53,  title 67 sections 67-3532 through
 46    67-3561, Idaho Code.
                                                                        
 47        SECTION 16.  That Section 33-2101A, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        33-2101A.  JUNIOR COLLEGE SHALL MEAN  COMMUNITY  COLLEGE.  Notwithstanding
                                                                        
                                       37
                                                                        
  1    any  other  provision  of  law,  in  sections  21-805, 21-806, 21-809, 23-404,
  2    31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101,  33-2102,  33-2103,
  3    33-2104,  33-2105,  33-2106,  33-2107,  33-2107A, 33-2107B, 33-2107C, 33-2108,
  4    33-2109A, 33-2110, 33-2110A, 33-2110B,  33-2111,  33-2112,  33-2113,  33-2114,
  5    33-2115,  33-2116,  33-2117,  33-2118,  33-2119,  33-2121,  33-2122,  33-2123,
  6    33-2124,  33-2125,  33-2126,  33-2130,  33-2135,  33-2137,  33-2138,  33-2139,
  7    33-2141,  33-2142,  33-2143,  33-2144,  33-2211,  33-3716,  33-3717,  33-4001,
  8    33-4003,   33-4004,  33-4006,  33-4201,  33-4306,  33-4315,  46-314,  50-1721,
  9    57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, and 67-2322, and 67-5332,  Idaho
 10    Code,  the term "junior college" shall mean and shall be denoted as "community
 11    college."
                                                                        
 12        SECTION 17.  That Section 33-2109A, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        33-2109A.  USE OF UNUSED SICK LEAVE. Upon separation from employment  with
 15    the  community  college district by retirement, in accordance with chapter 13,
 16    title 59, Idaho Code, or with chapter 1, title 33,  Idaho  Code,  an  employee
 17    shall  be  accorded  credit  for  unused  sick  leave  as  provided in section
 18    67-53333555, Idaho Code. Each community college district shall  contribute  to
 19    the  sick  leave account for the purposes of this section, as provided in sub-
 20    section (2)(c) of section 67-53333555, Idaho Code.
                                                                        
 21        SECTION 18.  That Section 33-2504, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        33-2504.  STATE  LIBRARIAN  APPOINTED BY BOARD OF LIBRARY COMMISSIONERS --
 24    QUALIFICATIONS -- POWERS. The board of library commissioners  shall  employ  a
 25    qualified  state  librarian to serve as its chief executive officer. The state
 26    librarian shall be a graduate of an accredited library school.
 27        The state librarian shall, subject to the provisions of chapter 53,  title
 28    67  sections 67-3532 through 67-3561, Idaho Code, employ and fix the compensa-
 29    tion of all other employees of the commission who shall be directly  responsi-
 30    ble to the state librarian.
                                                                        
 31        SECTION  19.  That  Section 36-104, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
 34    Meetings.  The  members of the commission shall annually meet at their offices
 35    and organize by electing from their membership  a  chairman,  who  shall  hold
 36    office  for  a  period  of  one (1) year, or until his successor has been duly
 37    elected. In addition to the regular annual meeting,  to be  held  in  January,
 38    said  commission shall hold other regular quarterly meetings each year at such
 39    places within the state as the commission shall select for the transaction  of
 40    business. Special meetings may be called at any time and place by the chairman
 41    or  a majority of the members of the commission. Notice of the time, place and
 42    purpose of any and all special meetings shall be given  by  the  secretary  to
 43    each member of the commission prior to said meeting.
 44        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 45    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 46    mission is hereby authorized and empowered to:
 47        1.  Investigate  and  find facts regarding the status of the state's wild-
 48        life populations in order to give effect to the policy of the state  here-
 49        inbefore announced.
                                                                        
                                       38
                                                                        
  1        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
  2        dence and determining the facts as to when the supply of any of the  wild-
  3        life  in this state will be injuriously affected by the taking thereof, or
  4        for the purpose of determining when an open season may be declared for the
  5        taking of wildlife. Whenever said commission determines that the supply of
  6        any particular species of wildlife is being, or will be, during  any  par-
  7        ticular  period  of  time, injuriously affected by depletion by permitting
  8        the same to be taken, or if it should find a longer or  different  season,
  9        or  different  bag  limit  should  be  adopted  for  the better protection
 10        thereof, or if it finds that an open season may be declared without endan-
 11        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
 12        embodying  its  findings  in respect to when, under what circumstances, in
 13        which localities, by what means, what sex, and in what amounts and numbers
 14        the wildlife of this state may be taken.
 15        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 16        management  of  any wildlife of this state, by reason of any act of God or
 17        any other sudden or unexpected emergency, declare  by  temporary  rule  or
 18        proclamation  the  existence of such necessity, and the cause thereof, and
 19        prescribe and designate all affected areas or streams, and close the  same
 20        to  hunting,  angling  or trapping, or impose such restrictions and condi-
 21        tions upon hunting, angling or trapping as said commission shall  find  to
 22        be  necessary.  Every such temporary rule shall be made in accordance with
 23        the provisions of chapter 52, title 67, Idaho Code.
 24        4.  At any time it shall deem necessary for the proper management of wild-
 25        life on any game preserve in the state of Idaho, declare an open season in
 26        any game preserve as it deems appropriate.
 27        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
 28             license holders, under the wildlife laws of this state, the privilege
 29             of drawing by lot for a controlled hunt permit authorizing the person
 30             to  whom issued to hunt, kill, or attempt to kill any species of wild
 31             animals or birds designated by the commission under such rules as  it
 32             shall prescribe.
 33             (B)  The  commission may, under rules or proclamations as it may pre-
 34             scribe, authorize the director to issue  additional  controlled  hunt
 35             permits  and collect fees therefor authorizing landowners of property
 36             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 37             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 38             antelope in controlled hunts containing the eligible  property  owned
 39             by those landowners in units where any permits for deer, elk or ante-
 40             lope are limited.
 41             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 42             shall  be charged each applicant for a controlled hunt  permit.  Suc-
 43             cessful  applicants  for controlled hunt permits shall be charged the
 44             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 45             may  be  charged  for  telephone and credit card orders in accordance
 46             with subsection (e)11. of section 36-106, Idaho Code. The  department
 47             shall  include  a  checkoff form to allow applicants to designate one
 48             dollar ($1.00) of such nonrefundable application fee for  transmittal
 49             to  the reward fund of citizens against poaching, inc., an Idaho non-
 50             profit corporation. The net proceeds from the nonrefundable fee shall
 51             be deposited in the fish and game account and none of  the  net  pro-
 52             ceeds shall be used to purchase lands.
 53        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 54        possession  or  transportation  into, within or from the state of Idaho of
 55        any species of live, native or exotic wildlife or any eggs thereof.
                                                                        
                                       39
                                                                        
  1        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
  2        nation,  lease, agreement, gift, or other device, lands or waters suitable
  3        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
  4        commission  proposes to purchase a tract of land in excess of fifteen (15)
  5        acres, the commission shall notify the board of  county  commissioners  of
  6        the county where this land is located of the intended action. The board of
  7        county  commissioners shall have ten (10) days after official notification
  8        to notify the commission whether or not they desire the commission to hold
  9        a public hearing on the intended purchase in the  county.  The  commission
 10        shall  give serious consideration to all public input received at the pub-
 11        lic hearing before making a final decision on  the  proposed  acquisition.
 12        Following  any  land purchase, the fish and game commission shall provide,
 13        upon request by the board of  county  commissioners,  within  one  hundred
 14        twenty  (120)  days,  a  management plan for the area purchased that would
 15        address noxious weed control, fencing, water management and  other  impor-
 16        tant  issues raised during the public hearing. When considering purchasing
 17        lands pursuant to this paragraph, the commission shall first make  a  good
 18        faith  attempt  to  obtain a conservation easement, as provided in chapter
 19        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
 20        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
 21        servation easement is unsuccessful  and  the  commission  then  purchases,
 22        condemns  or  otherwise acquires the lands, the commission shall record in
 23        writing the reasons why the attempt at acquiring the conservation easement
 24        was unsuccessful and then file the same in its records and in a report  to
 25        the  joint finance-appropriations committee. The commission shall develop,
 26        operate, and maintain the lands, waters or conservation easements for said
 27        purposes, which are hereby declared a public use:
 28             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 29             farms;
 30             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 31             tion or protection;
 32             (C)  For  public hunting, fishing or trapping areas to provide places
 33             where the public may fish, hunt, or trap in accordance with the  pro-
 34             visions of law, or the regulation of the commission;
 35             (D)  To  extend and consolidate by exchange, lands or waters suitable
 36             for the above purposes.
 37        8.  Enter into cooperative agreements with educational  institutions,  and
 38        state,  federal,  or  other  agencies  to promote wildlife research and to
 39        train students for wildlife management.
 40        9.  Enter into cooperative agreements with  state  and  federal  agencies,
 41        municipalities,  corporations,  organized  groups  of landowners, associa-
 42        tions, and individuals  for the development of wildlife rearing, propagat-
 43        ing, management, protection and demonstration projects.
 44        10. In the event owners or lawful possessors of land have  restricted  the
 45        operation  of  motor-propelled  vehicles  upon their land, the commission,
 46        upon consultation with all other potentially affected landowners, and hav-
 47        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 48        dents  of any county in which the land is located, may enter into coopera-
 49        tive agreements with those owners or possessors to enforce those  restric-
 50        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
 51        vided, however, the commission shall not enter into  such  agreements  for
 52        lands  which  either  lie outside or are not adjacent to any adjoining the
 53        proclaimed boundaries of the national forests in Idaho.
 54             (A)  The landowners, with the assistance  of  the  department,  shall
 55             cause  notice  of  the  restrictions,  including  the  effective date
                                                                        
                                       40
                                                                        
  1             thereof, to be posted on the main traveled roads entering  the  areas
  2             to  which  the restrictions apply. Provided, however, that nothing in
  3             this subsection shall allow the unlawful posting of  signs  or  other
  4             information  on  or adjacent to public highways as defined in subsec-
  5             tion (5) of section 40-109, Idaho Code.
  6             (B)  Nothing in this section  authorizes  the  establishment  of  any
  7             restrictions  that  impede  normal  forest or range management opera-
  8             tions.
  9             (C)  No person shall violate such restrictions on the use  of  motor-
 10             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 11             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 12             destroy  any notices, signs or markers giving notice of such restric-
 13             tions. The commission may promulgate rules to administer the restric-
 14             tions and cooperative agreements addressed in this subsection.
 15        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
 16        wildlife  needed for propagation or stocking purposes, or to exercise con-
 17        trol of undesirable species.
 18        12. Adopt rules pertaining to the application for, issuance of and  admin-
 19        istration of a lifetime license certificate system.
 20        13. Adopt  rules governing the application and issuance of permits for and
 21        administration of fishing contests on waters under the jurisdiction of the
 22        state. The fee for each permit shall be as provided for in section 36-416,
 23        Idaho Code.
 24        14. Adopt rules governing the application for and issuance of licenses  by
 25        telephone and other electronic methods.
 26        15. Enter  into  agreements with cities, counties, recreation districts or
 27        other political subdivisions for the lease of lands or waters,  in  accor-
 28        dance  with  all other applicable laws, including applicable provisions of
 29        titles 42 and 43, Idaho Code,  to  cost-effectively  provide  recreational
 30        opportunities  for  taxpayers  or  residents of those local governments or
 31        political subdivisions.
 32        (c)  Limitation on Powers. Nothing in this title shall be construed to au-
 33    thorize the commission to change any penalty prescribed by law for a violation
 34    of its provisions, or to change the amount of license fees  or  the  authority
 35    conferred by licenses prescribed by law.
 36        (d)  Organization  of  Work. The commission shall organize the department,
 37    in accordance with the provisions of title 67, Idaho Code, into administrative
 38    units as may be necessary  to  efficiently  administer  said  department.  All
 39    employees  of  the  department  except  the  director  shall  be  selected and
 40    appointed by the director in conformance with the provisions  of  chapter  53,
 41    title 67 sections 67-3532 through 67-3561, Idaho Code.
                                                                        
 42        SECTION  20.  That  Section 36-106, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        36-106.  DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office  of  Director
 45    Created. The commission shall appoint a director of the department of fish and
 46    game,  hereinafter  referred  to  as  the director, who shall be a person with
 47    knowledge of, and experience in, the requirements for the protection,  conser-
 48    vation,  restoration,  and  management of the wildlife resources of the state.
 49    The director shall not hold any other public office, nor  any  office  in  any
 50    political  party organization, and shall devote his entire time to the service
 51    of the state in the discharge of his official duties, under the  direction  of
 52    the commission.
 53        (b)  Secretary  to Commission. The director or his designee shall serve as
                                                                        
                                       41
                                                                        
  1    secretary to the commission.
  2        (c)  Compensation and Expenses. The director shall receive such  compensa-
  3    tion as the commission, with the concurrence and approval of the governor, may
  4    determine  and  shall  be  reimbursed  at  the  rate provided by law for state
  5    employees for all actual and necessary traveling and other  expenses  incurred
  6    by him in the discharge of his official duties.
  7        (d)  Oath  and  Bond.  Before  entering upon the duties of his office, the
  8    director shall take and subscribe to the official oath of office, as  provided
  9    by  section  59-401,  Idaho  Code,  and  shall, in addition thereto, swear and
 10    affirm that he holds no other public office, nor any position under any polit-
 11    ical committee or party. Such oath, or affirmation, shall  be  signed  in  the
 12    office of the secretary of state.
 13        The  director  shall be bonded to the state of Idaho in the time, form and
 14    manner prescribed by chapter 8, title 59, Idaho Code.
 15        (e)  Duties and Powers of Director.
 16        1.  The director shall have general supervision and control of all activi-
 17        ties, functions, and employees of the department of fish and  game,  under
 18        the supervision and direction of the commission, and shall enforce all the
 19        provisions  of  the  laws of the state, and rules and proclamations of the
 20        commission relating to wild animals, birds, and fish and,  further,  shall
 21        perform  all  the  duties  prescribed  by section 67-2405, Idaho Code, and
 22        other laws of the state not inconsistent with this act, and shall exercise
 23        all necessary powers incident thereto not specifically  conferred  on  the
 24        commission.
 25        2.  The  director  is  hereby  authorized  to  appoint  as many classified
 26        employees as the commission may deem necessary to  perform  administrative
 27        duties, to enforce the laws and to properly implement management, propaga-
 28        tion, and protection programs established for carrying out the purposes of
 29        the Idaho fish and game code.
 30        3.  The  appointment  of  such  employees shall be made by the director in
 31        accordance with chapter 53, title 67  sections  67-3532  through  67-3561,
 32        Idaho Code, and rules promulgated pursuant thereto, and they shall be com-
 33        pensated  as provided therein. Said employees shall be bonded to the state
 34        of Idaho in the time, form, and manner prescribed by chapter 8, title  59,
 35        Idaho Code.
 36        4.  The  director  is  hereby  authorized  to  establish and maintain fish
 37        hatcheries for the purpose of hatching, propagating, and distributing  all
 38        kinds of fish.
 39        5.   (A) The director, or any person appointed by him in writing to do so,
 40             may  take  wildlife  of  any kind, dead or alive, or import the same,
 41             subject to such conditions, restrictions and rules as he may provide,
 42             for the purpose of inspection, cultivation,   propagation,  distribu-
 43             tion, scientific or other purposes deemed by him to be of interest to
 44             the fish and game resources of the state.
 45             (B)  The director shall have supervision over all of the matters per-
 46             taining  to the inspection, cultivation, propagation and distribution
 47             of the wildlife propagated under the provisions of  title  36,  Idaho
 48             Code.  He  shall also have the power and authority to obtain, by pur-
 49             chase or otherwise, wildlife of any kind or variety which he may deem
 50             most suitable for distribution in the state and  may  have  the  same
 51             properly  cared  for and distributed throughout the state of Idaho as
 52             he may deem necessary.
 53             (C)  The director is hereby authorized to issue a  license/tag/permit
 54             to  a nonresident landowner who resides in a contiguous state for the
 55             purpose of taking one (1) animal during an emergency depredation hunt
                                                                        
                                       42
                                                                        
  1             which includes the landowner's Idaho property subject to such  condi-
  2             tions, restrictions or rules as the director may provide. The fee for
  3             this  license/tag/permit  shall  be  equal to the costs of a resident
  4             hunting license, a resident tag fee and a resident  depredation  per-
  5             mit.
  6             (D)  Notwithstanding the provisions of section 36-408, Idaho Code, to
  7             the contrary, on and after the effective date of this act, the direc-
  8             tor  shall not expend any funds, or take any action, or authorize any
  9             employee or agent of the department  or  other  person  to  take  any
 10             action,  to  undertake actual transplants of bighorn sheep into areas
 11             they do not now inhabit or to augment the number of bighorn sheep  in
 12             existing herds until:
 13                  (i)   The  boards  of  county  commissioners  of the counties in
 14                  which the release is proposed to take place have been given rea-
 15                  sonable notice of the proposed release.
 16                  (ii)  The affected federal and state land grazing permittees and
 17                  owners or leaseholders of private land in or contiguous  to  the
 18                  proposed  release  site have been given reasonable notice of the
 19                  proposed release.
 20                  (iii) The president pro tempore of the senate and the speaker of
 21                  the house of representatives have received from the  director  a
 22                  plan  for  the forthcoming year that details, to the best of the
 23                  department's  ability,  the  proposed  transplants  which  shall
 24                  include the estimated numbers of  bighorn  sheep  to  be  trans-
 25                  planted  and  a description of the areas the proposed transplant
 26                  or transplants are planned for.
 27             Upon request, the department shall grant one (1) hearing  per  trans-
 28             plant  if any affected individual or entity expresses written concern
 29             within ten (10) days of notification  regarding  any  transplants  of
 30             bighorn  sheep  and  shall  take into consideration these concerns in
 31             approving, modifying or canceling any proposed bighorn  sheep  trans-
 32             plant.  Any such hearing shall be held within thirty (30) days of the
 33             request. Upon any transplant of bighorn sheep into areas they do  not
 34             now  inhabit  or  a  transplant  to augment existing populations, the
 35             department shall provide for any affected federal or state land graz-
 36             ing permittees or owners or leaseholders of private  land  a  written
 37             letter  signed by all federal, state and private entities responsible
 38             for the transplant stating that the existing sheep or livestock oper-
 39             ations in the area of any such bighorn sheep  transplant  are  recog-
 40             nized  and  that  the potential risk, if any, of disease transmission
 41             and loss of bighorn sheep when the same invade domestic livestock  or
 42             sheep operations is accepted.
 43        6.   (A) The director shall have the power, at any time when it is desired
 44             to  introduce any new species, or if at any time any species of wild-
 45             life of the state of Idaho shall be threatened with excessive  shoot-
 46             ing,  trapping,  or angling or otherwise, to close any open season or
 47             to reduce the bag limit or possession limit for  such  species    for
 48             such  time as he may designate; in the event an emergency is declared
 49             to exist such closure shall become effective forthwith  upon  written
 50             order  of the director; in all other cases upon publication and post-
 51             ing as provided in section 36-105, Idaho Code.
 52             (B)  In order to protect property from damage by wildlife,  the  fish
 53             and  game commission may delegate to the director or his designee the
 54             authority to declare an open season upon that particular  species  of
 55             wildlife to reduce its population. The director or his designee shall
                                                                        
                                       43
                                                                        
  1             make  an  order embodying his findings in respect to when, under what
  2             circumstances, in which  localities,  by  what  means,  and  in  what
  3             amounts,  numbers  and  sex  the  wildlife subject to the hunt may be
  4             taken. In the event an emergency is declared to exist such open  sea-
  5             son shall become effective forthwith upon written order of the direc-
  6             tor  or his designee; in all other cases upon publication and posting
  7             as provided in section 36-105, Idaho Code.
  8             (C)  Any season closure order issued under authority hereof shall  be
  9             published in at least one (1) newspaper of general circulation in the
 10             area  affected by the order for at least once a week for two (2) con-
 11             secutive weeks, and such order shall be posted in  public  places  in
 12             each county as the director may direct.
 13             (D)  During the closure of any open season or the opening of any spe-
 14             cial depredation season by the director all provisions of laws relat-
 15             ing  to  the  closed season or the special depredation season on such
 16             wildlife shall be in force and whoever violates any of the provisions
 17             shall be subject to the penalties prescribed therefor.
 18             (E)  Prior to the opening of any special depredation hunt, the direc-
 19             tor or his designee shall be authorized to provide up to a maximum of
 20             fifty percent (50%) of the available permits for such big game to the
 21             landholder(s) of privately owned land within the  hunt  area  or  his
 22             designees. If the landholder(s) chooses to designate hunters, he must
 23             provide  a written list of the names of designated individuals to the
 24             department.  If the landholder(s) fails to designate  licensed  hunt-
 25             ers,  then  the  department will issue the total available permits in
 26             the manner set by rule. All  hunters  must  have  a  current  hunting
 27             license  and shall have equal access to both public and private lands
 28             within  the  hunt  boundaries.  It  shall   be   unlawful   for   any
 29             landholder(s)  to  receive any form of compensation from a person who
 30             obtains or uses a depredation controlled hunt permit.
 31        7.  The director shall make an annual report to the governor, the legisla-
 32        ture, and the secretary of state, of the  doings  and  conditions  of  his
 33        office,  which  report  shall  be made in accordance with section 67-2509,
 34        Idaho Code.
 35        8.  The director may sell or cause to be sold publications  and  materials
 36        in accordance with section 59-1012, Idaho Code.
 37        9.  Any  deer,  elk,  antelope,  moose, bighorn sheep or bison imported or
 38        transported by the department of fish and game shall  be  tested  for  the
 39        presence  of  certain  communicable  diseases  that  can be transmitted to
 40        domestic livestock. Those communicable diseases to be tested for shall  be
 41        arrived at by mutual agreement between the department of fish and game and
 42        the  department  of  agriculture. Any moneys expended by the department of
 43        fish and game on wildlife disease research shall be mutually  agreed  upon
 44        by the department of fish and game and the department of agriculture.
 45             In addition, a comprehensive animal health program for all deer, elk,
 46        antelope,  moose,  bighorn  sheep, or bison imported into, transported, or
 47        resident within  the state of Idaho shall be implemented after  said  pro-
 48        gram  is  mutually  agreed upon by the department of fish and game and the
 49        department of agriculture.
 50             In order to enhance and protect the health  of  wildlife  within  the
 51        state,  as well as safeguard the health of livestock resources, the direc-
 52        tor of the department of agriculture shall employ at least one (1) veteri-
 53        narian licensed in Idaho whose duties shall include, but  not  be  limited
 54        to, addressing wildlife disease issues and coordinating disease prevention
 55        work  between  the department of fish and game and the department of agri-
                                                                        
                                       44
                                                                        
  1        culture. The employing of said veterinarian shall be by  mutual  agreement
  2        of  the director of the department of fish and game and of the director of
  3        the department of agriculture. The veterinarian shall be on the  staff  of
  4        the  division  of animal industries, department of agriculture. The salary
  5        or compensation to be paid said veterinarian  or  veterinarians  shall  be
  6        divided equally between the department of fish and game and the department
  7        of  agriculture,  and  the  department of fish and game's portion shall be
  8        deposited directly into the livestock disease control account. The veteri-
  9        narian shall be employed on and after July 1, 1989.
 10        10. In order to monitor and evaluate the disease status of wildlife and to
 11        protect Idaho's livestock resources, any suspicion by fish and  game  per-
 12        sonnel  of  a  potential communicable disease process in wildlife shall be
 13        reported within twenty-four (24) hours to the department  of  agriculture.
 14        All  samples  collected  for  disease  monitoring or disease evaluation of
 15        wildlife shall be submitted to the division of animal industries,  depart-
 16        ment of agriculture.
 17        11.  (A)  The  director  is  authorized to enter into an agreement with an
 18             independent contractor for the purpose of providing a telephone order
 19             and  credit  card  payment  service  for  controlled  hunt   permits,
 20             licenses, tags, and permits.
 21             (B)  The contractor may collect a fee for its service in an amount to
 22             be set by contract.
 23             (C)  All  moneys collected for the telephone orders of such licenses,
 24             tags, and permits shall be and remain the property of the state,  and
 25             such  moneys  shall  be directly deposited by the contractor into the
 26             state treasurer's account in accordance with the provisions  of  sec-
 27             tion  59-1014,  Idaho  Code.  The contractor shall furnish a good and
 28             sufficient surety bond to the state of Idaho in an amount  sufficient
 29             to cover the amount of the telephone orders and potential refunds.
 30             (D)  The  refund  of  moneys  for unsuccessful controlled hunt permit
 31             applications and licenses, tags, and permits approved by the  depart-
 32             ment  may  be  made  by  the  contractor crediting the applicant's or
 33             licensee's credit card account.
 34        12. The director may define activities or facilities that  primarily  pro-
 35        vide  a  benefit:  to  the department; to a person; for personal use; to a
 36        commercial enterprise; or for a commercial purpose.
                                                                        
 37        SECTION 21.  That Section 36-202, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        36-202.  DEFINITIONS.  Whenever  the  following  words appear in title 36,
 40    Idaho Code, and orders and rules promulgated by the Idaho fish and  game  com-
 41    mission  or  the director of the Idaho department of fish and game, they shall
 42    be deemed to have the same meaning and terms of reference as  hereinafter  set
 43    forth.  The present tense includes the past and future tenses, and the future,
 44    the present.
 45        (a)  "Title" means all of the fish and game  laws  and  rules  promulgated
 46    pursuant thereto.
 47        (b)  "Commission" means the Idaho fish and game commission. "Commissioner"
 48    means a member of the Idaho fish and game commission.
 49        (c)  "Department" means the Idaho department of fish and game.
 50        (d)  "Director"  means  the  director  of the Idaho department of fish and
 51    game or any person authorized to act in his name.
 52        (e)  "Employee" means any employee of the Idaho  department  of  fish  and
 53    game  whose  salary  is  paid entirely or in part by funds administered by the
                                                                        
                                       45
                                                                        
  1    Idaho fish and game commission and whose appointment  is  made  in  accordance
  2    with  chapter  53,  title 67 sections 67-3532 through 67-3561, Idaho Code, and
  3    related rules.
  4        (f)  "Person" means an individual, partnership, corporation,  company,  or
  5    any  other  type  of association, and any agent or officer of any partnership,
  6    corporation, company, or other  type  of  association.  The  masculine  gender
  7    includes  the  feminine and the neuter. The singular, the plural, and the plu-
  8    ral, the singular.
  9        (g)  "Wildlife" means any form of animal life, native or exotic, generally
 10    living in a state of nature provided that domestic cervidae as defined in sec-
 11    tion 25-3701, Idaho Code, shall not be classified as wildlife.
 12        (h)  "Trophy big game animal" means any big game animal deemed a trophy as
 13    per Boone and Crockett standards. For the purpose of this section, the highest
 14    of the typical or nontypical scores shall be used, described as follows:
 15        1.  Mule deer: any buck scoring over one hundred fifty (150) points;
 16        2.  White-tailed deer: any buck scoring  over  one  hundred  thirty  (130)
 17        points;
 18        3.  Elk: any bull scoring over three hundred (300) points;
 19        4.  Bighorn sheep: any ram;
 20        5.  Moose: any bull;
 21        6.  Mountain goat: any male or female;
 22        7.  Pronghorn  antelope:  any  buck  with  at least one (1) horn exceeding
 23        fourteen (14) inches;
 24        8.  Caribou: any male or female.
 25        (i)  "Take" means hunt, pursue, catch, capture, shoot, fish, seine,  trap,
 26    kill, or possess or any attempt to so do.
 27        (j)  "Hunting"  means  chasing,  driving,  flushing, attracting, pursuing,
 28    worrying, following after or on the trail of, shooting at, stalking, or  lying
 29    in wait for, any wildlife whether or not such wildlife is then or subsequently
 30    captured,  killed,  taken,  or  wounded.  Such term does not include stalking,
 31    attracting, searching for, or lying in wait for, any wildlife  by  an  unarmed
 32    person solely for the purpose of watching wildlife or taking pictures thereof.
 33        (k)  "Fishing"  means  any  effort made to take, kill, injure, capture, or
 34    catch any fish or bullfrog.
 35        (l)  "Trapping" means taking, killing, and capturing wildlife by  the  use
 36    of  any  trap, snare, deadfall, or other device commonly used to capture wild-
 37    life, and the shooting or killing of wildlife lawfully trapped,  and  includes
 38    all  lesser  acts  such  as  placing,  setting  or staking such traps, snares,
 39    deadfalls, and other devices, whether or not such acts result in the taking of
 40    wildlife, and every attempt to take and every act of assistance to  any  other
 41    person in taking or attempting to take wildlife with traps, snares, deadfalls,
 42    or other devices.
 43        (m)  "Possession"  means  both actual and constructive possession, and any
 44    control of the object or objects referred to;  provided  that  wildlife  taken
 45    accidentally  and  in  a  manner  not contrary to the provisions of this title
 46    shall not be deemed to be in possession while being immediately released  live
 47    back to the wild.
 48        (n)  "Possession  limit"  means  the  maximum limit in number or amount of
 49    wildlife which may be lawfully in the possession of  any  person.  "Possession
 50    limit" shall apply to wildlife being in possession while in the field or being
 51    transported to final place of consumption or storage.
 52        (o)  "Bag limit" means the maximum number of wildlife which may be legally
 53    taken,  caught,  or  killed by any one (1) person for any particular period of
 54    time, as provided by order of the commission. The term "bag  limit"  shall  be
 55    construed  to  mean  an individual, independent effort and shall not be inter-
                                                                        
                                       46
                                                                        
  1    preted in any manner as to allow one (1) individual to take more than his "bag
  2    limit" toward filling the "bag limit" of another.
  3        (p)  "Buy" means to purchase, barter, exchange, or trade and includes  any
  4    offer or attempt to purchase, barter, exchange, or trade.
  5        (q)  "Sell"  means  to  offer  or  possess  for sale, barter, exchange, or
  6    trade, or the act of selling, bartering, exchanging or trading.
  7        (r)  "Transport" means to carry or convey or cause to be carried  or  con-
  8    veyed  from  one  (1)  place to another and includes an offer to transport, or
  9    receipt or possession for transportation.
 10        (s)  "Resident" means any person who has been  domiciled  in  this  state,
 11    with  a  bona  fide  intent  to  make this his place of permanent abode, for a
 12    period of not less than six (6)  months  immediately  preceding  the  date  of
 13    application  for  any license, tag, or permit required under the provisions of
 14    this title or orders of the commission and who, when temporarily  absent  from
 15    this  state, continues residency with intent to return, and who does not claim
 16    any resident privileges in any other state or country for any  purpose.   Such
 17    privileges include, but are not limited to: state where valid driver's license
 18    is  issued;  state  of  voter  registration; state where resident state income
 19    taxes are filed; state  where homeowner's tax exemption is  granted.  Provided
 20    that,  until any such person has been continuously domiciled outside the state
 21    of Idaho for a sufficient period of time to qualify for resident  hunting  and
 22    fishing  privileges in his new state of residence, said person shall be deemed
 23    not to have lost his residency in Idaho for the purposes of  this title.  How-
 24    ever,  mere  ownership  of real property or payment of property taxes in Idaho
 25    does not establish residency. Provided further that:
 26        1.  Idaho residents shall not lose their residency in Idaho  if  they  are
 27        absent from the state for religious (not to exceed two (2) years) or full-
 28        time  educational (not to exceed five (5) years) purposes, full-time to be
 29        defined by the educational institution attended, and do  not  claim  resi-
 30        dency  or  use  resident  privileges in any other state or country for any
 31        purpose.
 32        2.  Idaho residents who are in the military service of the  United  States
 33        and  maintain Idaho as their official state of residence as shown on their
 34        current leave and earnings statement, together with their spouse and chil-
 35        dren under eighteen (18) years of age living in the  household,  shall  be
 36        eligible for the purchase of resident licenses.
 37        3.  A  member of the military service of the United States or of a foreign
 38        country, together with his spouse and children under eighteen  (18)  years
 39        of  age  residing  in his household, who have been officially transferred,
 40        stationed, domiciled and on active duty in this  state  for  a  period  of
 41        thirty  (30) days last preceding application shall be eligible, as long as
 42        such assignment continues, to purchase a resident license. A member of the
 43        state national guard or air national guard, domiciled in this state for  a
 44        period  of  thirty (30) days last preceding application shall be eligible,
 45        as long as such residency continues, to purchase a resident license.
 46        4.  Any person enrolled as a corpsman at a job corps center in Idaho shall
 47        be eligible, as long as he is so enrolled, to obtain  a  resident  fishing
 48        license irrespective of his length of residence in this state.
 49        5.  Any foreign exchange student enrolled in an Idaho high school shall be
 50        eligible,  as  long  as  he  is  so enrolled, to obtain a resident fishing
 51        license irrespective of his length of residence in this state.
 52        (t)  "Senior resident" means any person who is over sixty-five (65)  years
 53    of  age and who has been a resident of the state of Idaho as hereinbefore pro-
 54    vided for not less than five (5) years.
 55        (u)  "Nonresident" means any person who does not qualify as a resident.
                                                                        
                                       47
                                                                        
  1        (v)  "Order, rule, regulation and proclamation" are all used  interchange-
  2    ably and each includes the others.
  3        (w)  "Blindness"  means  sight  that does not exceed 20/200 as provided by
  4    the administrative guidelines of section 56-213, Idaho Code.
  5        (x)  "Public highway" means the traveled portion of, and the shoulders  on
  6    each  side  of,  any  road  maintained  by  any governmental entity for public
  7    travel, and includes all  bridges,  culverts,  overpasses,  fills,  and  other
  8    structures within the limits of the right-of-way of any such road.
  9        (y)  "Motorized vehicle" means any water, land or air vehicle propelled by
 10    means  of  steam,  petroleum  products,  electricity,  or any other mechanical
 11    power.
 12        (z)  "Commercial fish hatchery" means any hatchery, pond, lake  or  stream
 13    or  any  other  waters  where  fish are held, raised, or produced for sale but
 14    shall not include facilities used for the propagation of fish commonly consid-
 15    ered as ornamental or aquarium varieties.
 16        (aa) "License" means any license, tag, permit or stamp.
 17        (bb) "License vendor"  means  any  person  authorized  to  issue  or  sell
 18    licenses.
 19        (cc) "Proclamation"  means the action by the commission and publication of
 20    the pertinent information as it relates to the seasons and limits  for  taking
 21    wildlife.
                                                                        
 22        SECTION  22.  That Section 36-2107, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        36-2107.  POWERS AND DUTIES OF BOARD.  The  board  which  may  by  written
 25    agreement authorize the bureau of occupational licenses as agent to act in its
 26    interest, shall have the following duties and powers:
 27        (a)  To conduct examinations to ascertain the qualifications of applicants
 28    for  outfitter's  or guide's licenses, and to issue such licenses to qualified
 29    applicants, with such restrictions and limitations thereon as  the  board  may
 30    find reasonable.
 31        (b)  To  prescribe  and  establish rules of procedure to carry into effect
 32    the provisions of this chapter including, but not limited to, rules  prescrib-
 33    ing  all requisite qualifications  of training, experience, knowledge of rules
 34    of governmental bodies, condition and type of gear and equipment, examinations
 35    to be given applicants, whether oral, written or demonstrative, or a  combina-
 36    tion thereof.
 37        (c)  To  conduct  hearings  and proceedings to suspend, revoke or restrict
 38    the licenses of outfitters or guides, and to suspend, revoke or restrict  said
 39    licenses for due cause in the manner hereinafter provided.
 40        (d)  The  board  is  expressly  vested with the power and the authority to
 41    enforce the provisions of this chapter including obtaining  injunctive  relief
 42    and  to  make  and  enforce  any and all reasonable rules which shall by it be
 43    deemed necessary and which are not in conflict with  the  provisions  of  this
 44    chapter,  for  the express purpose of safeguarding the health, safety, welfare
 45    and freedom from injury or danger of those persons utilizing the  services  of
 46    outfitters  and  guides,  and  for  the  conservation  of  wildlife  and range
 47    resources.
 48        (e)  The board shall have the power to  cooperate  with  the  federal  and
 49    state  government through its appropriate agency or instrumentality in matters
 50    of mutual concern regarding the business of outfitting and guiding in Idaho.
 51        (f)  The board shall have the power  throughout  the  state  of  Idaho  to
 52    request  the attendance of witnesses and the production of such books, records
 53    and papers as may be required at any hearing before it, and for  that  purpose
                                                                        
                                       48
                                                                        
  1    the  board may request a district court to issue a subpoena for any witness or
  2    a subpoena duces tecum to compel the  production  of  any  books,  records  or
  3    papers.  Subpoenas shall be directed to the sheriff of any county in the state
  4    of Idaho where such witness resides or may be found. Subpoenas shall be served
  5    and returned in the same manner as subpoenas in a criminal case. The fees  and
  6    mileage of the sheriff and witnesses shall be the same as that allowed in dis-
  7    trict  court  criminal  cases,  which  fees and mileage shall be paid from any
  8    funds in the state treasury available therefor in the  same  manner  as  other
  9    expenses  of  the  board  are paid. Disobedience of any subpoena issued by the
 10    district court or the refusal by any witness in failing to testify  concerning
 11    any  matter regarding which he may lawfully be interrogated, or the failure to
 12    produce any books, records or papers shall constitute a contempt of  the  dis-
 13    trict  court of any county where such disobedience or refusal occurs, and said
 14    court, or any judge thereof, by proceedings for contempt in said  court,  may,
 15    if such contempt be found, punish said witness as in any other case of disobe-
 16    dience of a subpoena issued from such court or refusal to testify therein.
 17        (g)  The  board  shall  have the power to appoint an executive director to
 18    serve at the pleasure of the board. The executive  director  shall  carry  out
 19    such  administrative  duties  as  delegated  to the director by the board. The
 20    board may, in its discretion, refuse, sustain or reverse,  by  majority  vote,
 21    any action or decision of the executive director. The executive director shall
 22    be exempt from the provisions of chapter 53, title 67 sections 67-3532 through
 23    67-3561, Idaho Code, and shall receive a salary that is fixed by the board.
 24        (h)  The board shall have the power to hire enforcement agents in order to
 25    conduct  investigations  and  enforce  the  provisions  of  this  chapter. All
 26    enforcement agents appointed by the board who are certified by the Idaho peace
 27    officer standards and training advisory council, shall have the power of peace
 28    officers limited to:
 29        1.  Enforcement of the provisions of this chapter.
 30        2.  Responding to express requests from other law enforcement agencies for
 31        aid and assistance in enforcing other laws.  For purposes of this section,
 32        such a request from a law enforcement agency shall mean only a request  as
 33        to  a  particular and singular violation or suspicion of violation of law,
 34        and shall not constitute a continuous request  for assistance outside  the
 35        purview of enforcement of the provisions of this chapter.
 36        (i)  By  August 1 of each year, the board shall provide to the director of
 37    the department of fish and game, in a manner and form prescribed by the direc-
 38    tor, the number of each species of big game taken in each management  unit  by
 39    clients  of  licensed  outfitters  between July 1 of the immediately preceding
 40    calendar year and June 30 of the current calendar year.
 41        (j)  The board shall by rule designate the number  of  deer  or  elk  tags
 42    allocated  pursuant  to  section  36-408(4),  Idaho Code, among the authorized
 43    operating areas within the game management area, unit or zone.
                                                                        
 44        SECTION 23.  That Section 38-1215, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        38-1215.  CHECKSCALERS  --  APPOINTMENT -- CHECKSCALING CRITERIA -- REPORT
 47    -- BOND. The director of the department of lands shall, with approval  of  the
 48    board,  appoint  such  qualified  licensed  scalers  as checkscalers as may be
 49    needed to perform checkscaling within the state. Checkscalers employed by  the
 50    state  of Idaho shall be nonclassified employees, and shall be exempt from the
 51    provisions of chapter 53, title 67 sections  67-3532  through  67-3561,  Idaho
 52    Code.  Criteria  for conducting such checkscaling and a minimum number of logs
 53    and/or volume to be considered adequate for a valid checkscale shall be deter-
                                                                        
                                       49
                                                                        
  1    mined by the board, and shall guide the appointed scaler in performance of his
  2    checkscaling duties. The cost of all checkscales other  than  in  the  regular
  3    course  of the checkscaler's duties shall be paid by the person requesting the
  4    same or by the party in error where the checkscaler finds and determines scal-
  5    ing error outside the allowable limits set  by  the  board.  All  checkscaling
  6    costs  shall  be  determined by using the costs of checkscaling at the time of
  7    request as determined by the board. The checkscaler shall make a report of his
  8    findings to the board within a reasonable time after each checkscale and  said
  9    report  shall  be accepted as prima facie evidence of the facts stated in such
 10    report. Any person directly affected by  said  report  shall  be  entitled  to
 11    receive a copy of said report as soon as the checkscale has been completed.
 12        All checkscalers appointed by the board shall obtain and execute a bond to
 13    the  board  for  the benefit of those businesses and/or persons using the ser-
 14    vices of the checkscaler covering the performance of his checkscaling  duties,
 15    which bond shall be in the sum of one thousand dollars ($1,000), executed by a
 16    qualified  surety, duly authorized to do business in this state, upon the con-
 17    dition that said applicant, if said bond be issued to him, shall  conduct  his
 18    checkscaling  duties  without  fraud  or fraudulent misrepresentation and will
 19    faithfully perform his duties as a checkscaler for  those  persons  using  his
 20    services;  said  bond to be reissued annually on or before the 1st day of July
 21    each year, and said bond shall be filed with the board.
 22        The premium on said checkscalers' bonds shall be regarded as a proper  and
 23    necessary  expense  of  the board, and shall be paid out of the "state scaling
 24    account."
                                                                        
 25        SECTION 24.  That Section 39-104, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        39-104.  DEPARTMENT  OF  ENVIRONMENTAL  QUALITY -- CREATION.  (1) There is
 28    created and established in the state government a department of  environmental
 29    quality which shall for the purposes of section 20, article IV, of the consti-
 30    tution  of  the state of Idaho be an executive department of the state govern-
 31    ment. The executive and administrative  power  of  this  department  shall  be
 32    vested  in  the director of the department who shall be appointed and serve at
 33    the pleasure of the governor, with the advice and consent of the senate.
 34        (2)  The department shall be organized in such administrative divisions or
 35    regions as may be necessary in order to efficiently administer the department.
 36    Each division shall be headed by an administrator who shall  be  appointed  by
 37    and serve at the pleasure of the director.
 38        (3)  The  INEEL INL coordinator-manager, regional administrators and divi-
 39    sion administrators shall be nonclassified employees exempt  from  the  provi-
 40    sions of chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code.
 41        (4)  No  provision  of  this  title  shall be interpreted as to supersede,
 42    abrogate, injure or create rights to divert or store water and apply water  to
 43    beneficial uses established under section 3, article XV of the constitution of
 44    the  state  of  Idaho and title 42, Idaho Code. Nothing in this title shall be
 45    construed to allow the department to  establish  a  water  right  for  minimum
 46    stream  flows  or  a water right for minimum water levels in any lakes, reser-
 47    voirs or impoundments. Minimum stream flows and minimum water levels may  only
 48    be established pursuant to chapter 15, title 42, Idaho Code.
 49        (5)  Nothing  in  this title shall be construed to allow the department to
 50    establish or require minimum stream flows which would prevent any  water  from
 51    being  diverted for  irrigation purposes pursuant to existing water rights, or
 52    to establish or require minimum water  levels  in  any  lakes,  reservoirs  or
 53    impoundments  in which any water is stored for irrigation purposes which would
                                                                        
                                       50
                                                                        
  1    adversely affect  existing water rights or contracts with the federal  govern-
  2    ment.
                                                                        
  3        SECTION  25.  That  Section 39-113, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        39-113.  TRANSFER OF EMPLOYEES. All employees of the division of  environ-
  6    mental quality and the INEEL INL oversight program of the department of health
  7    and  welfare  are transferred to the department of environmental quality. Such
  8    transfer shall in no manner affect the rights or privileges of any transferred
  9    employee under the public employee retirement system (chapter  13,  title  59,
 10    Idaho  Code),  the group insurance plan (chapter 12, title 59, Idaho Code), or
 11    personnel system (chapter 53, title 67sections 67-3532 through 67-3561,  Idaho
 12    Code).  Additionally,  when  the  department  of health and welfare is used in
 13    terms of environmental protection, it shall mean the department of environmen-
 14    tal quality.
                                                                        
 15        SECTION 26.  That Section 39-401, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        39-401.  LEGISLATIVE INTENT. The various health districts, as provided for
 18    in  this  chapter,  are not a single department of state government unto them-
 19    selves, nor are they a part of any of the twenty  (20)  departments  of  state
 20    government authorized by section 20, article IV, Idaho constitution, or of the
 21    departments prescribed in section 67-2402, Idaho Code.
 22        It  is  legislative intent that health districts operate and be recognized
 23    not as state agencies or departments, but as governmental entities whose  cre-
 24    ation  has  been  authorized  by the state, much in the manner as other single
 25    purpose districts. Pursuant to this intent, and because health  districts  are
 26    not  state  departments  or  agencies,  health  districts  are exempt from the
 27    required participation in the services of the  purchasing  agent  or  employee
 28    liability  coverage, as rendered by the department of administration. However,
 29    nothing shall prohibit the health districts from  entering  into  contractural
 30    contractual  arrangements  with the department of administration, or any other
 31    department of state government or an elected constitutional officer, for these
 32    or any other services.
 33        It is legislative intent to affirm the provisions of section 39-413, Idaho
 34    Code, requiring compliance with the state merit system, and to affirm the par-
 35    ticipation of the health districts in the public employee  retirement  system,
 36    pursuant  to section 39-426, Idaho Code, chapter 13, title 59, Idaho Code, and
 37    chapter 53, title 67  sections 67-3532 through 67-3561, Idaho Code.
 38        It is also legislative intent that the matters of location of  deposit  of
 39    health  district  funds, or the instruments or documents of payment from those
 40    funds shall be construed as no more than items of convenience for the  conduct
 41    of  business,  and  in  no way reflect upon the nature or status of the health
 42    districts as entities of government.
 43        This section merely affirms that health districts created under this chap-
 44    ter are not state agencies, and in no way changes the character of those agen-
 45    cies as they existed prior to this act.
                                                                        
 46        SECTION 27.  That Section 39-413, Idaho Code, be, and the same  is  hereby
 47    amended to read as follows:
                                                                        
 48        39-413.  DISTRICT  HEALTH  DIRECTOR -- APPOINTMENT -- POWERS AND DUTIES. A
 49    district health director shall be appointed by the district board. The  direc-
                                                                        
                                       51
                                                                        
  1    tor shall have and exercise the following powers and duties in addition to all
  2    other  powers  and  duties  inherent  in  the  position or delegated to him or
  3    imposed upon him by law or rule, regulation, or ordinance:
  4        (1)  To be secretary and administrative officer of the district  board  of
  5    health;
  6        (2)  To prescribe such rules and regulations, consistent with the require-
  7    ments of this chapter, as may be necessary for the government of the district,
  8    the  conduct  and  duties of the district employees, the orderly and efficient
  9    handling of business and the custody, use and  preservation  of  the  records,
 10    papers, books and property belonging to the public health district;
 11        (3)  To administer oaths for all purposes required in the discharge of his
 12    duties;
 13        (4)  With the approval of the district board to:
 14        (a)  Prescribe the positions and the qualifications of all personnel under
 15        the  district  health  director on a nonpartisan merit basis in accordance
 16        with the objective standards approved by the district board.
 17        (b)  Fix the rate of pay and appoint, promote, demote, and  separate  such
 18        employees  and  to perform such other personnel actions as are needed from
 19        time to time in conformance with the requirements of chapter 53, title  67
 20        sections 67-3532 through 67-3561, Idaho Code.
 21        (c)  Create  such  units  and  sections as are or may be necessary for the
 22        proper and efficient functioning of the duties herein imposed.
                                                                        
 23        SECTION 28.  That Section 39-3004, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:
                                                                        
 25        39-3004.  STATE  NUCLEAR ENERGY COMMISSION ESTABLISHED. 1. There is hereby
 26    established in the office of the governor the state nuclear energy commission,
 27    consisting of five (5) members appointed by the governor and  serving  at  his
 28    pleasure.  One (1) of the members shall be selected for his knowledge of regu-
 29    latory functions of nuclear energy. Not more than three (3) of the members may
 30    be from any one (1) political party. The members' term of office shall be four
 31    (4) years, except that the terms of those first appointed shall expire as fol-
 32    lows: two (2) at the end of two (2) years after the  effective  date  of  this
 33    act; two (2) at the end of three (3) years after such date; and one (1) at the
 34    end of four (4) years after such date. If a vacancy occurs, the governor shall
 35    appoint  a  member  for the remaining portion of that term. The governor shall
 36    designate from his appointees a member to serve as chairman of the commission.
 37    The director of the office of  nuclear  energy  development  shall  be  an  ex
 38    officio  member  and the secretary of the commission. The administrator of the
 39    state radiation control agency or his alternate, the state  radiological  con-
 40    trol  officer,  shall  also  be  an ex officio member of the commission. While
 41    actually engaged in the business of the commission, members of the  commission
 42    shall be compensated as provided by section 59-509(f), Idaho Code.
 43        2.  The commission shall:
 44        a.  Establish an office and employ an executive who shall be designated as
 45        the  director. The director shall serve at the pleasure of the commission,
 46        and his compensation shall be fixed within the  limits  of  appropriations
 47        made  therefor. The director shall devote his entire time to the duties of
 48        his office and shall have no other gainful employment or  occupation.  The
 49        director  shall  be  selected  with special reference to his knowledge and
 50        administrative capabilities in matters pertaining to industrial,  agricul-
 51        tural,  educational  and institutional applications of nuclear energy. The
 52        director shall serve under the direction of  the  commission  and  in  his
 53        office  will  be vested the administration of the promotional and develop-
                                                                        
                                       52
                                                                        
  1        ment programs of this act.
  2        b.  Review prior to promulgation the proposed rules and regulations of the
  3        state radiation control agency and of other boards, agencies, and  commis-
  4        sions  of  this  state  relating to use and control of sources of ionizing
  5        radiation to assure that such rules and regulations  are  consistent  with
  6        rules  and  regulations  of  other agencies, boards and commissions of the
  7        state. Propose rules and regulations which will not become effective until
  8        ninety (90) days after submission to the commission unless the  commission
  9        waives all or any part of such ninety (90) day period. When the commission
 10        determines  that  any  proposed  rules or regulations or parts thereof are
 11        inconsistent with rules and regulations of other agencies, boards or  com-
 12        missions  of  the state the commission will so advise the governor and the
 13        appropriate agencies, boards or commissions, and consult with them in  the
 14        effort to resolve any inconsistencies.
 15        c.  Review and evaluate policies and programs of the state including those
 16        of the boards, agencies and commissions of this state, relating to nuclear
 17        energy.
 18        d.  Coordinate the nuclear energy development and regulatory activities of
 19        the  several departments and agencies of this state including specifically
 20        the state board of health and welfare, the state department of labor,  and
 21        industrial  services, the state industrial commission, and the division of
 22        tourism and industrial development department of commerce and labor.
 23        e.  Make recommendations to the governor and furnish such advice as may be
 24        required to matters relating to development, utilization,  and  regulation
 25        of nuclear energy.
 26        f.  Subject  to  the  provisions  of chapter 53, title 67 sections 67-3532
 27        through 67-3561, Idaho Code, employ, compensate and prescribe  powers  and
 28        duties  of  such individuals as may be necessary to properly carry out the
 29        duties of the commission from whatever funds which may be available to the
 30        commission for such purpose.
 31        g.  Make an annual report to the governor.
 32        3.  The commission and the director shall be the focal point in state gov-
 33    ernment for coordination of the promotion and development  of  nuclear  energy
 34    for  peaceful and productive purposes in this state and shall have the follow-
 35    ing general powers and duties:
 36        a.  To advance the nuclear possibilities of the state by  stimulating  the
 37        interest of industry, agriculture and education around the state's nuclear
 38        resources and opportunities.
 39        b.  To advise, consult and cooperate with other agencies of the state, the
 40        federal government, other states and interstate agencies, political subdi-
 41        visions and other groups functioning in fields related to nuclear energy.
 42        c.  To  advise the governor in developing and promoting a state policy for
 43        nuclear energy research, development and education.
 44        d.  To advise and assist the governor with regard to the status of nuclear
 45        energy research, development and education, and to assure increasing prog-
 46        ress in this field within the state.
 47        e.  To sponsor or conduct studies, collect  and  disseminate  information,
 48        and  issue periodic reports with regard to nuclear energy research, devel-
 49        opment and education, and proposals for further progress in the  field  of
 50        nuclear energy, and the power to acquire land and facilities for such pur-
 51        poses is specifically delegated to this commission.
 52        f.  To  gather, maintain, and disseminate available information concerning
 53        appropriate sites throughout the state  and  the  advantages  of  locating
 54        nuclear energy industries within the state.
 55        g.  To  foster  and  support  research  and  education relating to nuclear
                                                                        
                                       53
                                                                        
  1        energy by arranging, accepting  and  administering  contracts,  grants  or
  2        other appropriate means of assistance.
  3        h.  To  keep  the  several departments and agencies informed as to private
  4        and public activities affecting nuclear industrial development and nuclear
  5        education and training and to enlist their cooperation in taking action to
  6        further such development, education and training to the end  that  through
  7        state  activity  the state's nuclear resources and nuclear energy position
  8        through the federal base may be augmented by a healthy private  enterprise
  9        component.
 10        i.  To keep the public informed with respect to nuclear energy development
 11        within the state and the activities of the state relating thereto.
 12        j.  To accept donations of funds, grants, gifts or property of any nature
 13        to  the  use  for which granted. Such donations are hereby appropriated to
 14        said commission to be used in addition to any other direct appropriations.
                                                                        
 15        SECTION 29.  That Section 39-4115, Idaho Code, be, and the same is  hereby
 16    amended to read as follows:
                                                                        
 17        39-4115.  PERSONNEL.  The  division shall employ a bureau chief, who shall
 18    in addition to his other duties, function as the  executive  director  of  the
 19    board,  and  such  other  personnel  as necessary to effect enforcement of the
 20    codes herein enumerated or otherwise prescribed by rules  promulgated  by  the
 21    board  pursuant  to this chapter. All such employees, except the bureau chief,
 22    shall be classified as prescribed in chapter 53,  title  67  sections  67-3532
 23    through 67-3561, Idaho Code.
                                                                        
 24        SECTION  30.  That Section 39-5207, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        39-5207.  ORGANIZATION OF COUNCIL -- EMPLOYMENT  OF  NECESSARY  PERSONNEL.
 27    (1)  The  council  shall annually designate one (1) of its members to serve as
 28    chairman and one (1) member to serve as vice chairman, who shall act as chair-
 29    man in the chairman's absence. The chairman shall call meetings as provided in
 30    the rules of the council.
 31        (2)  The council shall adopt and amend rules  governing  its  proceedings,
 32    activities  and organization including, but not limited to, provisions govern-
 33    ing a quorum, procedure, frequency and location of  meetings,  and  establish-
 34    ment, functions and membership of council committees.
 35        (3)  The  council  may  employ  and shall fix the compensation, subject to
 36    provisions of chapter 53, title 67 sections  67-3532  through  67-3561,  Idaho
 37    Code,  of such personnel as may be necessary including, but not limited to, an
 38    administrator, who shall be designated as the executive director of the  coun-
 39    cil  and  who shall be exempt from the provisions of chapter 53, title 67 sec-
 40    tions 67-3532 through 67-3561, Idaho Code.
                                                                        
 41        SECTION 31.  That Section 39-6002, Idaho Code, be, and the same is  hereby
 42    amended to read as follows:
                                                                        
 43        39-6002.  CHILDREN'S  TRUST  FUND BOARD -- POWERS AND DUTIES. To carry out
 44    the purposes of this chapter, the children's trust fund board may:
 45        (1)  Contract with public or private  nonprofit  organizations,  agencies,
 46    schools or with qualified individuals for the establishment of community-based
 47    educational  and  service  programs designed to reduce the occurrence of child
 48    abuse and neglect. Each contract entered into by the  board  shall  contain  a
 49    provision  for  the  evaluation  of services provided under the contract. Con-
                                                                        
                                       54
                                                                        
  1    tracts for services to prevent child abuse and child neglect may be awarded to
  2    existing programs and to demonstration  projects.  Continuation  of  contracts
  3    shall be based upon goal attainment.
  4        (2)  Facilitate  the exchange of information between groups concerned with
  5    families and children.
  6        (3)  Consult with state departments, agencies, commissions and  boards  to
  7    help determine the probable effectiveness, fiscal soundness, and need for pro-
  8    posed  educational  and service programs for the prevention of child abuse and
  9    neglect.
 10        (4)  The children's trust fund board may adopt rules pursuant  to  chapter
 11    52, title 67, Idaho Code, to carry out the provisions of this chapter.
 12        (5)  Employ  and  shall  fix the compensation of a part-time administrator
 13    who shall be designated as the executive director of the board and  who  shall
 14    be exempt from the provisions of chapter 53, title 67 sections 67-3532 through
 15    67-3561, Idaho Code.
                                                                        
 16        SECTION  32.  That  Section 40-503, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        40-503.  OFFICES -- APPOINTMENT -- QUALIFICATIONS -- COMPENSATION. (1)  An
 19    office  of the director of the Idaho transportation department is established,
 20    and the board shall appoint a director  having  knowledge  and  experience  in
 21    transportation  matters. The director shall serve at the pleasure of the board
 22    and may be removed by the board for inefficiency,  neglect  of  duty,  malfea-
 23    sance  or  nonfeasance in office. The director shall not hold any other public
 24    office, nor any office in any political committee or organization,  and  shall
 25    devote full time to the performance of his official duties. The director shall
 26    receive  compensation  as  the board may determine and shall be reimbursed for
 27    all actual and necessary travel and expenses incurred by him in the  discharge
 28    of his official duties, not to exceed a sum approved by the board. sSubject to
 29    the  approval of the board, the director shall appoint a chief engineer of the
 30    department who shall serve at the pleasure of the director and the board,  and
 31    who  shall  be  exempt  from  the  provisions of chapter 53, title 67 sections
 32    67-3532 through 67-3561, Idaho Code.
 33        (2)  An office of the chief engineer of the department is established, and
 34    the chief engineer shall be a registered professional engineer, holding a cur-
 35    rent certificate of registration in accordance with the laws of this state, or
 36    who, having those qualifications  shall  within  nine  (9)  months  after  his
 37    appointment,  qualify as a registered professional engineer in accordance with
 38    the laws of Idaho. The chief engineer shall also have had five  (5)  years  of
 39    actual  experience  in  highway engineering, at least three (3) of which shall
 40    have been in an administrative capacity involving the direction of a  substan-
 41    tial  technical engineering staff. The chief engineer shall not hold any other
 42    public office, nor any office in any political committee or organization,  and
 43    shall  devote  full  time  to the performance of his official duties under the
 44    control and direction of the director. The chief engineer shall  receive  com-
 45    pensation  and  reimbursement for travel and expenses as may be established by
 46    the director.
                                                                        
 47        SECTION 33.  That Section 41-206, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        41-206.  DIVISIONS  AND  EMPLOYEES.  (1) The department shall be organized
 50    into such divisions and such other units as  may  be  administratively  estab-
 51    lished  in order to efficiently administer the department. Each division shall
                                                                        
                                       55
                                                                        
  1    be headed by a division administrator who shall be appointed by and  serve  at
  2    the  pleasure  of  the  director, and shall be a nonclassified employee exempt
  3    from the provisions of chapter 53, title 67 sections 67-3532 through  67-3561,
  4    Idaho Code.
  5        (2)  The  director  may  pursuant to chapter 53, title 67 sections 67-3532
  6    through 67-3561, Idaho Code, appoint, employ, fix the  compensation  of,  pre-
  7    scribe and require the duties of and discharge such employees as the duties of
  8    his office may require.
  9        (3)  The director may contract for and procure on a basis of fee and with-
 10    out giving such persons any status as an employee of this state, such indepen-
 11    dently  contracting actuarial, technical, examining, and other similar profes-
 12    sional services as the director may from time to time  require  for  the  dis-
 13    charge of his duties.
                                                                        
 14        SECTION  34.  That  Section 41-226, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        41-226.  EXAMINERS -- QUALIFICATIONS. For the conduct of or assistance  in
 17    examinations  under  this chapter the director shall appoint as examiners only
 18    individuals who by reason of education, experience, or  special  training  are
 19    competent  to perform the duties and fulfill the responsibilities of an insur-
 20    ance examiner. In the selection of examiners the director shall give due  con-
 21    sideration  to  standards  and  qualifications  therefor  recommended  by  the
 22    National  Association of Insurance Commissioners or any successor organization
 23    thereto. The director may appoint, employ, fix the compensation of,  prescribe
 24    and  require  the  duties of and discharge such examiners as the duties of his
 25    office may require. Examiners who are employees of  the  department  shall  be
 26    nonclassified  employees  exempt  from  the provisions of chapter 53, title 67
 27    sections 67-3532 through 67-3561, Idaho Code.
                                                                        
 28        SECTION 35.  That Section 42-1701, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        42-1701.  CREATION  OF DEPARTMENT OF WATER RESOURCES -- DIRECTOR -- QUALI-
 31    FICATIONS -- DUTIES. (1) There is  hereby  created  the  department  of  water
 32    resources,  which  shall,  for  the purposes of section 20, article IV, of the
 33    constitution of the state of Idaho, be an executive department  of  the  state
 34    government.
 35        (2)  The  executive and administrative authority of the department, except
 36    such authority as is specifically assigned by law to the water resource board,
 37    shall be vested in a director of the department of water resources  who  shall
 38    be  a  licensed  civil or hydraulic engineer, and shall have had not less than
 39    five (5) years' experience in the active  practice  of  such  profession,  and
 40    shall be familiar with irrigation in Idaho.
 41        (3)  The  director may delegate such duties as are imposed upon him by law
 42    to an employee of the department of water resources whenever in the opinion of
 43    the director, such delegation is necessary for the efficient administration of
 44    his duties.
 45        (4)  The director shall organize the department into  such  divisions  and
 46    other  administrative  sub-units  as  may be necessary in order to efficiently
 47    administer the department. All employees of the department, except the  direc-
 48    tor,  shall  be selected and appointed by the director in conformance with the
 49    provisions of chapter 53, title 67 sections  67-3532  through  67-3561,  Idaho
 50    Code.
 51        (5)  The  director  and/or  employees of the department of water resources
                                                                        
                                       56
                                                                        
  1    may make reasonable entry upon any lands in the state for the purpose of  mak-
  2    ing  investigations  and surveys, or for other purposes necessary to carry out
  3    the duties imposed by law.
  4        (6)  (a)  Any authorization or order of the Idaho public utilities commis-
  5        sion, under the provisions of section 61-328, Idaho  Code,  approving  the
  6        sale, assignment or transfer of hydropower water rights used in the gener-
  7        ation  of  electric power shall be issued only upon such conditions as the
  8        director of the department of water resources shall require  as  necessary
  9        to  prevent  any  change  in use of water under the  water rights held for
 10        hydropower purposes that would cause injury to any water  rights  existing
 11        on the date of the sale, assignment or transfer. Any such conditions shall
 12        ensure  that the public interest, as it pertains to the use of water under
 13        the hydropower water rights, will not be adversely  affected.  Conditions,
 14        if  any,  imposed by the director shall be subject to review under section
 15        42-1701A(4), Idaho Code.
 16        (b)  Subsection (6)(a) of this section  may  be  satisfied  by  a  written
 17        agreement between the holder of a water right held for hydropower purposes
 18        and  the governor, which agreement has been ratified by the legislature of
 19        the state of Idaho. The agreement between the governor and the Idaho Power
 20        Company dated October 15, 1984, and ratified by  the  legislature  of  the
 21        state of Idaho pursuant to section 42-203B, Idaho Code, and the subordina-
 22        tion provisions relating to the Idaho Power Company's water rights satisfy
 23        subsection (6)(a) of this section.
                                                                        
 24        SECTION  36.  That  Section 46-112, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        46-112.  DUTIES OF THE ADJUTANT GENERAL. The duties of the  adjutant  gen-
 27    eral are:
 28        (1)  To  be  chief  of  staff to the commander-in-chief and administrative
 29    head of the military division of the office of governor.
 30        (2)  To be custodian of all military records and property of the  national
 31    guard and organized militia.
 32        (3)  To  publish and distribute all orders from the governor as commander-
 33    in-chief and perform such other duties as the governor may direct.
 34        (4)  Subject to the provisions of section  67-5303(j)  67-3534(11),  Idaho
 35    Code,  to  employ  such clerical and other personnel as may be required in the
 36    military division of the office of the governor.
 37        (5)  To pay the members of the national guard when such members are to  be
 38    paid from state funds.
 39        (6)  To  attend  to  the  care, maintenance, repair and safekeeping of all
 40    federal equipment issued to the state of Idaho for the  use  of  the  national
 41    guard.
 42        (7)  To  be custodian of the seal of the office of adjutant general and to
 43    deliver the same to his successor.
 44        (8)  To organize such units and recruit such personnel, with  the  consent
 45    of  the  governor, as may be authorized by federal law and regulations, and as
 46    may be required for the security of the state of Idaho.
 47        (9)  To supervise the training of the national  guard  and  the  organized
 48    militia.
 49        (10) To  make  such  returns and reports as may be required by the federal
 50    laws and regulations.
 51        (11) To coordinate the planning and execution of state activities pertain-
 52    ing to the inauguration of the governor of the state of Idaho  and  the  other
 53    elected state executive officers.
                                                                        
                                       57
                                                                        
  1        SECTION  37.  That Section 46-1207, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        46-1207.  ADMINISTRATIVE SUPPORT. The council may, with concurrence of the
  4    governor of the state of Idaho, create the position of a project  manager  and
  5    the  position  of an administrative assistant, which positions shall be exempt
  6    from the requirements of the merit  system,  chapter  53,  title  67  sections
  7    67-3532 through 67-3561, Idaho Code. In accordance with the laws of the state,
  8    the  Idaho  bureau of homeland security's director may hire, fix the compensa-
  9    tion and prescribe the powers and duties of such other individuals,  including
 10    consultants, as may be necessary to carry out the provisions of this chapter.
                                                                        
 11        SECTION  38.  That Section 54-1716, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        54-1716.  EMPLOYEES. (1) The board of pharmacy  may,  in  its  discretion,
 14    employ  persons  in addition to the executive director in such other positions
 15    or capacities as it deems necessary to the proper conduct  of  board  business
 16    and to the fulfillment of the board's responsibilities as defined by this act.
 17        (2)  The  employees of the board other than the executive director and the
 18    board's chief controlled substance investigator under chapter  27,  title  37,
 19    Idaho  Code, shall be classified employees and shall receive, as compensation,
 20    an annual salary payable on regular pay periods, the amount of which shall  be
 21    determined  by  the  personnel commission classification and compensation plan
 22    set forth in sections 67-5309 67-3532 through 67-3561, Idaho Code,  and  reim-
 23    bursement  for  all  expenses incurred in connection with performance of their
 24    official duties.
                                                                        
 25        SECTION 39.  That Section 56-1201, Idaho Code, be, and the same is  hereby
 26    amended to read as follows:
                                                                        
 27        56-1201.  IDAHO  STATE  INDEPENDENT  LIVING COUNCIL -- LEGISLATIVE INTENT.
 28    The Idaho state independent living council, as hereby created and as  provided
 29    for  in  this  chapter,  is  not  a single department of state government unto
 30    itself, nor is it  a part of any of the twenty (20) departments of state  gov-
 31    ernment authorized by section 20, article IV, of the constitution of the state
 32    of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.
 33        It  is  legislative intent that the Idaho state independent living council
 34    operate and be recognized not as a state agency or department, but as  a  gov-
 35    ernmental  entity whose creation has been authorized by the state, much in the
 36    same manner as other single purpose districts. Pursuant to  this  intent,  and
 37    because  the  Idaho state independent living council is not a state department
 38    or agency, the Idaho state independent  living  council  is  exempt  from  the
 39    required  participation  in  the  services of the purchasing agent or employee
 40    liability coverage, as rendered by the department of administration.  However,
 41    nothing  shall prohibit the Idaho state independent living council from enter-
 42    ing into contractual arrangements with the department  of  administration,  or
 43    any other department of state government or an elected constitutional officer,
 44    for these or any other services.
 45        It  is legislative intent to require  compliance with the state merit sys-
 46    tem, and to affirm the participation of the  Idaho  state  independent  living
 47    council  in the public employee retirement system, chapter 13, title 59, Idaho
 48    Code, and the personnel system, chapter 53, title 67 sections 67-3532  through
 49    67-3561, Idaho Code.
 50        It  is  also legislative intent that the matters of location of deposit of
                                                                        
                                       58
                                                                        
  1    Idaho state independent living council funds, or the instruments or  documents
  2    of payment from those funds shall be construed as no more than items of conve-
  3    nience  for the conduct of  business, and in no way reflect upon the nature or
  4    status of the Idaho state independent living council as an entity  of  govern-
  5    ment.
  6        This  section merely affirms that the Idaho state independent living coun-
  7    cil created under this chapter is not a state agency and in no way changes the
  8    character of it as it existed prior to this chapter. The functions  previously
  9    performed  by  the state independent living council created by executive order
 10    no. 2002-05, are hereby transferred to  the  Idaho  state  independent  living
 11    council pursuant to this chapter.
                                                                        
 12        SECTION  40.  That  Section 57-727, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        57-727.  MANAGER OF INVESTMENTS -- STAFF -- LEGAL ADVISORS. (1)  With  the
 15    approval of two-thirds (2/3) of the members of the board, a manager of invest-
 16    ments  and  other  portfolio  managers  may be employed or contracted with who
 17    shall perform such managerial  activities  and  functions  as  the  board  may
 18    direct.  The  manager of investments and portfolio managers shall serve at the
 19    pleasure of the board in nonclassified positions, if such persons are  employ-
 20    ees.  The manager of investments and portfolio managers may either be employed
 21    by the board or serve pursuant to contract. The salary or compensation of  the
 22    manager  of investments and portfolio managers shall be set by the board, sub-
 23    ject to approval of the governor, and be paid from appropriations made  there-
 24    for.  The  manager of investments and portfolio managers shall be bonded in an
 25    amount established by the board if these persons are employees. If these func-
 26    tions are performed pursuant to contract, the contract shall contain a  clause
 27    to provide for bonding of the contractor's personnel.
 28        (2)  The  board  may  authorize  the employment of whatever staff it deems
 29    necessary for the administration of  the  board's  business.  The  manager  of
 30    investments  may  hire  portfolio managers and other necessary staff who shall
 31    hold their respective positions subject to  the  rules  of  the  administrator
 32    bureau chief of the division bureau of human resources promulgated pursuant to
 33    chapter  52,  title 67, Idaho Code. The salaries of all staff members shall be
 34    paid from appropriations made therefor.
 35        (3)  The director of the department of finance shall have  access  to  any
 36    and  all  books  and  records maintained by the manager of investments and his
 37    staff as the board may deem necessary.
 38        (4)  The board shall be furnished adequate and qualified legal advisors by
 39    the attorney general's office.
 40        (5)  All current expenses, capital outlay, and travel  expenses  shall  be
 41    paid from appropriations made therefor.
 42        (6)  The  board shall, upon request of the agency involved, furnish advice
 43    to the treasurer, the manager of the state  insurance  fund,  and  the  public
 44    employee  retirement  board,  and  the  board may, upon request of the agency,
 45    invest funds of the requesting agency.
                                                                        
 46        SECTION 41.  That Section 58-105, Idaho Code, be, and the same  is  hereby
 47    amended to read as follows:
                                                                        
 48        58-105.  DIRECTOR.  The  department  of lands shall have an officer at its
 49    head who shall be known as the director, who shall,  subject  to  the  general
 50    regulation  and control of the state board of land commissioners, exercise the
 51    powers and discharge the duties vested by law in him or in his department. The
                                                                        
                                       59
                                                                        
  1    director may administer and certify oaths. With  the  approval  of  the  state
  2    board  of  land commissioners, the director shall provide for the organization
  3    of the department, its subordinate divisions and the  administrators  thereof,
  4    the  hiring  of assistants, clerks or other professional personnel pursuant to
  5    chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code,  and  shall
  6    apportion the duties between such divisions or personnel as he may deem neces-
  7    sary to the conduct of the business of the department. The director shall pro-
  8    mulgate  such  rules  and regulations, subject to the approval of the board of
  9    land commissioners, as will assure the effective administration of the depart-
 10    ment and implementation of the directives of the state board of  land  commis-
 11    sioners.
                                                                        
 12        SECTION  42.  That  Section 59-904, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        59-904.  STATE OFFICES -- VACANCIES, HOW FILLED  AND  CONFIRMED.  (a)  All
 15    vacancies  in any state office, and in the supreme and district courts, unless
 16    otherwise provided for by law, shall be filled by appointment by the governor.
 17    Appointments to fill vacancies pursuant to this section shall be made as  pro-
 18    vided  in  subsections (b), (c), (d), (e), and (f) of this section, subject to
 19    the limitations prescribed in those subsections.
 20        (b)  Nominations and appointments  to  fill  vacancies  occurring  in  the
 21    office of lieutenant governor, state controller, state treasurer, superintend-
 22    ent  of  public  instruction, attorney general and secretary of state shall be
 23    made by the governor, subject to the advice and consent of the senate, for the
 24    balance of the term of office to which the predecessor of the person appointed
 25    was elected.
 26        (c)  Nominations and appointments to and vacancies in the following listed
 27    offices shall be made or filled by the governor subject to the advice and con-
 28    sent of the senate for the terms prescribed by law, or in case such terms  are
 29    not prescribed by law, then to serve at the pleasure of the governor:
 30        Director of the department of administration,
 31        Director of the department of finance,
 32        Director of the department of insurance,
 33        Director, department of agriculture,
 34        Director of the department of water resources,
 35        Director of the Idaho state police,
 36        Director of the department of commerce and labor,
 37        Director of the department of environmental quality,
 38        Director of the department of juvenile corrections,
 39        Executive director of the commission of pardons and parole,
 40        The state historic preservation officer,
 41        The administrator of the division of human resources,
 42        Member of the state tax commission,
 43        Members  of  the board of regents of the university of Idaho and the state
 44        board of education,
 45        Members of the Idaho water resources board,
 46        Members of the state fish and game commission,
 47        Members of the Idaho transportation board,
 48        Members of the state board of health and welfare,
 49        Members of the board of environmental quality,
 50        Members of the board of directors of state parks and recreation,
 51        Members of the board of correction,
 52        Members of the industrial commission,
 53        Members of the Idaho public utilities commission,
                                                                        
                                       60
                                                                        
  1        Members of the Idaho personnel commission,
  2        Members of the board of directors of the Idaho state retirement system,
  3        Members of the board of directors of the state insurance fund,
  4        Members of the commission of pardons and parole.
  5        (d)  Appointments made by the state board of  land  commissioners  to  the
  6    office  of  director,  department of lands, and appointments to fill vacancies
  7    occurring in those offices shall be submitted by the president  of  the  state
  8    board  of  land  commissioners to the senate for the advice and consent of the
  9    senate in accordance with the procedure prescribed in this section.
 10        (e)  Appointments made pursuant to this section while  the  senate  is  in
 11    session  shall be submitted to the senate forthwith for the advice and consent
 12    of  that  body.  The  appointment so made and submitted shall not be effective
 13    until the approval of the senate has been recorded in the journal of the  sen-
 14    ate.  Appointments  made  pursuant  to this section while the senate is not in
 15    session shall be effective until the appointment has  been  submitted  to  the
 16    senate  for  the  advice  and consent of the senate. Should the senate adjourn
 17    without granting its consent to such an interim  appointment  the  appointment
 18    shall  thereupon become void and a vacancy in the office to which the appoint-
 19    ment was made shall exist.
 20        All appointments made pursuant to subsection (c) of this  section,  except
 21    those appointments for which a term of office is fixed by law, shall terminate
 22    at  the  expiration of any gubernatorial term. Appointments to fill the vacan-
 23    cies thus created by the expiration of the term  of  office  of  the  governor
 24    shall  be forthwith submitted to the senate for the advice and consent of that
 25    body, and when so submitted shall be as expeditiously considered as possible.
 26        Upon receipt of an appointment in the senate for the purpose  of  securing
 27    the advice and consent of the senate, the appointment shall be referred by the
 28    presiding officer to the appropriate committee of the senate for consideration
 29    and report prior to action thereon by the full senate.
 30        (f)  It  is the intent of the legislature that the provisions of this sec-
 31    tion as amended by this chapter shall not apply  to  appointments  which  have
 32    been  made  prior  to  the  effective  date of this chapter. It is the further
 33    intent of the legislature that the provisions of this section shall  apply  to
 34    the  offices listed in this section and to any office created by law or execu-
 35    tive order which succeeds to the powers, duties, responsibilities and authori-
 36    ties of any of the offices listed in subsections (c) and (d) of this section.
                                                                        
 37        SECTION 43.  That Section 59-1205, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        59-1205.  POSITION  OF  PERSONNEL GROUP INSURANCE ADMINISTRATOR CREATED --
 40    APPOINTMENT. (1) There is hereby created in the department  of  administration
 41    the  position  of personnel group insurance administrator. The personnel group
 42    insurance administrator shall be director of the department of administration,
 43    or his designee who shall be directly  responsible  to  the  director  of  the
 44    department.  The administrator shall not be subject to the provisions of chap-
 45    ter 53, title 67 sections 67-3532 through 67-3561, Idaho Code. The administra-
 46    tor may employ and fix the compensation of such additional personnel, and con-
 47    tract for such professional or technical services or  assistance,  as  may  be
 48    reasonably  necessary  for fulfillment of the responsibilities of the adminis-
 49    trator.
 50        (2)  For the purposes of the  act,  "administrator"  means  the  personnel
 51    group insurance administrator.
                                                                        
 52        SECTION  44.  That Section 59-1302, Idaho Code, be, and the same is hereby
                                                                        
                                       61
                                                                        
  1    amended to read as follows:
                                                                        
  2        59-1302.  DEFINITIONS. (1) As used in this  chapter,  each  of  the  terms
  3    defined  in this section shall have the meaning given in this section unless a
  4    different meaning is clearly required by the context.
  5        (2)  "Active member" means any employee who is not establishing the  right
  6    to  receive  benefits through his or her employer's participation in any other
  7    retirement system established for Idaho public employees, if  such  participa-
  8    tion  is  mandated by applicable Idaho statutes other than this chapter. In no
  9    case will an employee be entitled to any benefit under this chapter for public
 10    service if such employee is establishing retirement  benefit  entitlements  by
 11    other Idaho statutes or federal statutes other than military service or social
 12    security for that same service.
 13        (3)  "Accumulated contributions" means the sum of amounts contributed by a
 14    member of the system, together with regular interest credit thereon.
 15        (4)  "Actuarial equivalent" means a benefit equal in value to another ben-
 16    efit,  when computed upon the basis of the actuarial tables in use by the sys-
 17    tem.
 18        (5)  "Actuarial tables" means such tables as shall have  been  adopted  by
 19    the board in accordance with recommendations of the actuary.
 20        (5A) "Alternate  payee" means a spouse or former spouse of a member who is
 21    recognized by an approved domestic retirement order as having a right  to  all
 22    or  a portion of the accrued benefits in the retirement system with respect to
 23    such member.
 24        (5B) "Approved domestic retirement  order"  means  a  domestic  retirement
 25    order  which creates or recognizes the existence of an alternate payee's right
 26    or assigns to an alternate payee the right to all or a portion of the  accrued
 27    benefits  of a member under the retirement system, which directs the system to
 28    establish a segregated account or disburse benefits to an alternate payee, and
 29    which the executive director of the retirement system has determined meets the
 30    requirements of sections 59-1319 and 59-1320, Idaho Code.
 31        (5C) "Average monthly salary" means the member's average salary during the
 32    base period as calculated pursuant to rules adopted by the retirement board.
 33        (5D) (a) "Base period" means the period  of  fifty-four  (54)  consecutive
 34        calendar months during which the member earned:
 35             (i)   The highest average salary; and
 36             (ii)  Membership  service  of  at  least one-half (1/2) the number of
 37             months in the period, excluding months of service attributable to:
 38                  A.  Military service;
 39                  B.  Service qualifying as minimum benefit  pursuant  to  section
 40                  59-1342(5), Idaho Code; and
 41                  C.  Worker's compensation income benefits.
 42        (b)  Effective  October  1, 1993, the consecutive calendar months shall be
 43        forty-eight (48). Effective October  1,  1994,  the  consecutive  calendar
 44        months shall be forty-two (42).
 45        (c)  Entitlement  to a base period shall not vest until the effective date
 46        of that base period. The retirement benefits shall be  calculated  on  the
 47        amounts, terms and conditions in effect at the date of the final contribu-
 48        tion by the member.
 49        (d)  If  no  base period exists for a member, the member's average monthly
 50        salary shall be determined by the board, using standards not  inconsistent
 51        with those established in this subsection.
 52        (e)  To  assure  equitable  treatment  for  all members, salary increments
 53        inconsistent with usual compensation patterns may  be  disallowed  by  the
 54        board in determining average monthly salary and base period.
                                                                        
                                       62
                                                                        
  1        (6)  "Beneficiary" means the person who is nominated by the written desig-
  2    nation  of  a  member,  duly executed and filed with the board, to receive the
  3    death benefit.
  4        (7)  "Calendar year" means twelve (12) calendar months commencing  on  the
  5    first day of January.
  6        (7A) "Contingent  annuitant" means the person designated by a member under
  7    certain retirement options to receive benefit payments upon the death  of  the
  8    member. The person so designated must be born and living on the effective date
  9    of retirement.
 10        (8)  "Credited  service"  means the aggregate of membership service, prior
 11    service and disabled service.
 12        (9)  "Date of establishment" means July 1, 1965, or a  later  date  estab-
 13    lished by the board or statute.
 14        (10) "Death benefit" means the amount, if any, payable upon the death of a
 15    member.
 16        (11) "Disability retirement allowance" means the periodic payment becoming
 17    payable  upon  an active member's ceasing to be an employee while eligible for
 18    disability retirement.
 19        (12) "Disabled" means:
 20        (a)  That the member is prevented  from  engaging  in  any  occupation  or
 21        employment for remuneration or profit as a result of bodily injury or dis-
 22        ease,  either occupational or nonoccupational in cause, but excluding dis-
 23        abilities resulting from service in the armed forces of  any  country,  or
 24        from an intentionally self-inflicted injury; and
 25        (b)  That  the  member will likely remain so disabled permanently and con-
 26        tinuously during the remainder of the member's life.
 27    It is not necessary that a person be absolutely helpless or entirely unable to
 28    do anything worthy of compensation to be considered disabled. If the person is
 29    so disabled that substantially all the avenues of  employment  are  reasonably
 30    closed  to  the person, that condition is within the meaning of "disabled." In
 31    evaluating whether a person is disabled, medical factors and  nonmedical  fac-
 32    tors  including,  but  not limited to, education, economic and social environ-
 33    ment, training and usable skills may be considered.
 34        Refusal to submit to a medical examination ordered by the board before the
 35    commencement of a disability retirement allowance or at  any  reasonable  time
 36    thereafter  shall  constitute proof that the member is not disabled. The board
 37    shall be empowered to select for such medical examination one (1) or more phy-
 38    sicians or surgeons who are licensed to practice medicine and perform surgery.
 39    The fees and expenses of such examination shall be paid from  the  administra-
 40    tion account of the fund. No member shall be required to undergo such examina-
 41    tion more often than once each year after he has received a disability retire-
 42    ment allowance continuously for two (2) years.
 43        (12A) "Disabled  service"  means  the total number of months elapsing from
 44    the first day of the month next succeeding the final contribution of a  member
 45    prior  to  receiving a disability retirement allowance to the first day of the
 46    month following the date of termination of such disability  retirement  allow-
 47    ance. During such period, the member shall remain classified in the membership
 48    category  held  during  the  month  of final contribution. The total number of
 49    months of disabled service credited for a person first becoming disabled after
 50    the effective date of this chapter shall not exceed the  excess,  if  any,  of
 51    three hundred sixty (360) over the total number of months of prior service and
 52    membership service.
 53        (12B) "Domestic  retirement  order"  means any judgment, decree, or order,
 54    including approval of a property settlement agreement  which  relates  to  the
 55    provision of marital property rights to a spouse or former spouse of a member,
                                                                        
                                       63
                                                                        
  1    and  is  made  pursuant  to  a domestic relations law, including the community
  2    property law of the state of Idaho or of another state.
  3        (13) "Early retirement allowance" means the periodic payment becoming pay-
  4    able upon an active member's ceasing to be  an  employee  while  eligible  for
  5    early retirement.
  6        (14) (A) "Employee" means:
  7        (a)  Any  person who normally works twenty (20) hours or more per week for
  8        an employer or a school  teacher  who  works  half-time  or  more  for  an
  9        employer  and who receives salary for services rendered for such employer;
 10        or
 11        (b)  Elected officials or appointed officials of an employer who receive a
 12        salary; or
 13        (c)  A person who is separated from service with less than five  (5)  con-
 14        secutive  months  of employment and who is reemployed or reinstated by the
 15        same employer within thirty (30) days.
 16        (B)  "Employee" does not include employment as:
 17        (a)  A person rendering service to an employer in the capacity of an inde-
 18        pendent business, trade or profession; or
 19        (b)  A person whose employment with any employer does not total  five  (5)
 20        consecutive months; or
 21        (c)  A  person  provided  sheltered  employment  or  made-work by a public
 22        employer in an employment or industries program maintained for the benefit
 23        of such person; or
 24        (d)  An inmate of a state institution, whether or not receiving  compensa-
 25        tion for services performed for the institution; or
 26        (e)  A  student  enrolled  in an undergraduate, graduate, or professional-
 27        technical program at and employed by a state college,  university,  commu-
 28        nity  college  or  professional-technical  center  when such employment is
 29        predicated on student status; or
 30        (f)  A person making contributions to the United States civil service com-
 31        mission under the United States Civil Service System Retirement Act except
 32        that a person who receives separate remuneration for work  currently  per-
 33        formed  for an employer and the United States government may elect to be a
 34        member of the retirement system in accordance with rules of the board; or
 35        (g)  A person occupying a position that does not exceed eight (8) consecu-
 36        tive months in a calendar year with a city or  county  when  the  city  or
 37        county  has  certified, in writing to the system, the position is (i) sea-
 38        sonal or casual; and (ii) affected by  weather  and  the  growing  season,
 39        including parks and golf course positions; or
 40        (h)  A  person  in a position that (i) is eligible for participation in an
 41        optional retirement program established under section 33-107A or  33-107B,
 42        Idaho  Code,  or  (ii)  would be eligible for participation in an optional
 43        retirement program established under section  33-107A  or  33-107B,  Idaho
 44        Code,  if  the  person  was  not  working less than half-time or less than
 45        twenty (20) hours per week.
 46        (15) "Employer" means the state of Idaho, or any political subdivision  or
 47    governmental  entity,  provided such subdivision or entity has elected to come
 48    into the system. Governmental entity means any organization composed of  units
 49    of  government of Idaho or organizations funded only by government or employee
 50    contributions or organizations who discharge governmental responsibilities  or
 51    proprietary  responsibilities that would otherwise be performed by government.
 52    All governmental entities are deemed to be political subdivisions for the pur-
 53    pose of this chapter.
 54        (15A) "Final contribution" means the final contribution made by  a  member
 55    pursuant to sections 59-1331 through 59-1334, Idaho Code.
                                                                        
                                       64
                                                                        
  1        (16) "Firefighter" means an employee, including paid firefighters hired on
  2    or  after  October 1, 1980, whose primary occupation is that of preventing and
  3    extinguishing fires as determined by the rules of the board.
  4        (17) "Fiscal year" means the period beginning on July 1 in  any  year  and
  5    ending on June 30 of the next succeeding year.
  6        (18) "Fund"  means the public employee retirement fund established by this
  7    chapter.
  8        (19) "Funding agent" means any bank or banks, trust company or trust  com-
  9    panies,  legal  reserve life insurance company or legal reserve life insurance
 10    companies, or combinations thereof, any thrift institution or credit union  or
 11    any   investment  management firm or individual investment manager selected by
 12    the board to hold and/or invest the employers' and members' contributions  and
 13    pay certain benefits granted under this chapter.
 14        (20) "Inactive member" means a former active member who is not an employee
 15    and  is not receiving any form of retirement allowance, but for whom a separa-
 16    tion benefit has not become payable.
 17        (20A) "Lifetime annuity" means periodic monthly payments of income by  the
 18    retirement system to an alternate payee.
 19        (20B) "Lump  sum distribution" means a payment by the retirement system of
 20    the entire balance in the alternate payee's segregated account, together  with
 21    regular interest credited thereon.
 22        (21) "Member" means an active member, inactive member or a retired member.
 23        (22) "Membership  service"  means  military service which occurs after the
 24    commencement of contributions payable under sections 59-1331 through  59-1334,
 25    Idaho  Code, and service with respect to which contributions are payable under
 26    sections 59-1331 through 59-1334, Idaho Code, which, except for benefit calcu-
 27    lations described in sections 59-1342 and 59-1353, Idaho Code,  includes  ser-
 28    vice transferred to a segregated account under an approved domestic retirement
 29    order.
 30        (23) "Military  service"  means  any  period of active duty service in the
 31    armed forces of the United States including the national guard  and  reserves,
 32    under the provisions  of title 10, title 32, and title 37, United States code,
 33    which  commences  less  than ninety (90) days after the person ceases to be an
 34    employee and ends less than ninety (90) days before the person  again  becomes
 35    an  employee.  Provided,  if a member fails to again become an employee due to
 36    being killed while in active duty service, the member  shall  be  entitled  to
 37    military service through the date of death. In no event shall military service
 38    include:
 39        (a)  Any  period  ended by dishonorable discharge or during which termina-
 40        tion of such service is available but not accepted; or
 41        (b)  Any active duty service in excess of five (5) years if at the  conve-
 42        nience  of the United States government, or in excess of four (4) years if
 43        not at the convenience of the United States government.
 44        (24) (a) "Police officer" for retirement purposes shall be as  defined  in
 45        section 59-1303, Idaho Code.
 46        (b)  "POST"  means  the Idaho peace officer standards and training council
 47        established in chapter 51, title 19, Idaho Code.
 48        (25) "Prior service" means any period prior to July 1, 1965,  of  military
 49    service  or  of employment for the state of Idaho or any political subdivision
 50    or other employer of each employee who is an active member or in military ser-
 51    vice or on leave of absence on the date of establishment,  provided,  however,
 52    an employee who was not an active member or in military service or on leave of
 53    absence  on  the  date  of establishment shall receive credit for the member's
 54    service prior to July 1, 1965, on the basis of recognizing two (2)  months  of
 55    such  service for each month of membership service. For the purpose of comput-
                                                                        
                                       65
                                                                        
  1    ing such service, no deduction shall be made  for  any  continuous  period  of
  2    absence from service or military service of six (6) months or less.
  3        (26) "Regular  interest"  means interest at the rate set from time to time
  4    by the board.
  5        (27) "Retired member" means a former active member receiving a  retirement
  6    allowance.
  7        (28) "Retirement"  means  the  acceptance  of a retirement allowance under
  8    this chapter upon termination of employment.
  9        (29) "Retirement board" or "board" means the board provided  for  in  sec-
 10    tions 59-1304 and 59-1305, Idaho Code, to administer the retirement system.
 11        (30) "Retirement  system" or "system" means the public employee retirement
 12    system of Idaho.
 13        (31) (A) "Salary" means:
 14        (a)  The total salary or wages paid to a person who meets  the  definition
 15        of  employee  by an employer for  personal services performed and reported
 16        by the employer for income tax purposes, including the cash value  of  all
 17        remuneration in any medium other than cash.
 18        (b)  The  total  amount  of any voluntary reduction in salary agreed to by
 19        the member and employer where the reduction is used as an alternative form
 20        of remuneration to the member.
 21        (B)  Salary in excess of the compensation limitations set forth in section
 22    401(a)(17) of the Internal Revenue Code shall be disregarded  for  any  person
 23    who becomes a member of the system on or after July 1, 1996. The system had no
 24    limitations  on compensation in effect on July 1, 1993. The compensation limi-
 25    tations set forth in section 401(a)(17) of the Internal Revenue Code shall not
 26    apply for an "eligible employee." For purposes of this  subsection,  "eligible
 27    employee" is an individual who was a member of the system before July 1, 1996.
 28        (C)  "Salary" does not include:
 29        (a)  Contributions by employers to employee held medical savings accounts,
 30        as those accounts are defined in section 63-3022K, Idaho Code.
 31        (b)  Lump  sum payments inconsistent with usual compensation patterns made
 32        by the employer to the employee only upon termination from service includ-
 33        ing, but not limited to,  vacation  payoffs,  sick  leave  payoffs,  early
 34        retirement incentive payments and bonuses.
 35        (31A) "Segregated account" means the account established by the retirement
 36    system  for  the  alternate  payee of a member who is not a retired member. It
 37    shall include the months of credited  service  and  accumulated  contributions
 38    transferred from the member's account.
 39        (32) "Separation benefit" means the amount, if any, payable upon or subse-
 40    quent to separation from service.
 41        (33) "Service"  means  being shown on an employer's payroll as an employee
 42    receiving a salary. For each calendar month, service is credited only  when  a
 43    member  is an employee as defined in subsection (14)(A) of this section and is
 44    employed for fifteen (15) days or more during the calendar  month.  Employment
 45    of fourteen (14) days or less during any calendar month shall not be credited.
 46    No more than one (1) month of service shall be credited for all service in any
 47    month.
 48        (34) "Service  retirement  allowance"  means the periodic payment becoming
 49    payable upon an active member's ceasing to be an employee while  eligible  for
 50    service retirement.
 51        (35) "State" means the state of Idaho.
 52        (36) "Vested  member"  means an active or inactive member who has at least
 53    five (5) years of credited service, except that a member, who at the  time  of
 54    his separation from service:
 55        (a)  Held an office to which he had been elected by popular vote or having
                                                                        
                                       66
                                                                        
  1        a  term  fixed by the constitution, statute or charter or was appointed to
  2        such office by an elected official; or
  3        (b)  Was the head or director of a department, division, agency, statutory
  4        section or bureau of the state; or
  5        (c)  Was employed on or after July 1, 1965, by an elected official of  the
  6        state of Idaho and occupied a position exempt from the provisions of chap-
  7        ter 53, title 67 sections 67-3532 through 67-3561, Idaho Code; and
  8        (d)  Was  not  covered  by  a  merit  system for employees of the state of
  9        Idaho,
 10    is vested without regard to the length of credited service.
 11        (37) The masculine pronoun, wherever used, shall include the feminine pro-
 12    noun.
                                                                        
 13        SECTION 45.  That Section 59-1303, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        59-1303.  ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
 16    this chapter, each of the terms defined in this section shall have the meaning
 17    given  in  this  section unless a different meaning is clearly required by the
 18    context.
 19        (2)  Police officer membership status for retirement purposes may be fixed
 20    only by law, or by order of the retirement board.
 21        (3)  Members holding or filling the following  positions  or  offices  are
 22    designated by law as police officer members for retirement purposes during the
 23    time of their appointment  to that position or during their term of office:
 24        (a)  (i)   The director and deputy director of the Idaho state police.
 25             (ii)  Commissioned  personnel of the Idaho state police holding posi-
 26             tions which involve active law enforcement services, for  which  cur-
 27             rent  POST certification is required to continue in employment in the
 28             position, POST training coordinators, and Idaho state police training
 29             coordinators.
 30             (iii) Brand inspectors and brand inspector supervisors.
 31             (iv)  Employees of the Idaho state police  serving  in  positions  of
 32             personnel  management, accounting, data processing, clerical services
 33             and in like general classifications found in  departments  throughout
 34             state  government  and not within the scope of active law enforcement
 35             service are not eligible for police officer member status.
 36        (b)  (i)   County sheriffs;
 37             (ii)  Deputy county sheriffs holding positions for which current POST
 38             certification is necessary to continue in employment in the position,
 39             and the principal duties of which are active law enforcement service,
 40             accountability for the safety and safekeeping of persons confined  in
 41             a  county confinement facility, or active participation in county law
 42             enforcement activities pertaining to crime prevention  or  reduction.
 43             Deputy  sheriffs,  even  though POST certified or required to be POST
 44             certified, holding positions whose  principal  full-time  duties  are
 45             those  of a telephone operator, dispatcher, clerk, stenographer, ani-
 46             mal control officer, records specialist, or  duties  not  within  the
 47             scope  of  active law enforcement service are not eligible for police
 48             officer member status.
 49        (c)  (i)   City police chiefs;
 50             (ii)  City police officers holding positions for which  current  POST
 51             certification is necessary to continue in employment in the position,
 52             and  the principal duties of which are active law enforcement service
 53             or active participation in city law enforcement activities pertaining
                                                                        
                                       67
                                                                        
  1             to crime prevention or reduction. Police officers, even  though  POST
  2             certified  or  required to be POST certified, holding positions whose
  3             principal  full-time  duties  are  those  of  a  telephone  operator,
  4             dispatcher, clerk, stenographer, animal control officer, records spe-
  5             cialist, or duties not within the scope  of  active  law  enforcement
  6             service are not eligible for police officer member status.
  7        (d)  Employees  of  the department of fish and game serving in a conserva-
  8        tion officer position for which current POST certification is necessary to
  9        continue in employment in that position and which position has as its pri-
 10        mary accountability the enforcement of wildlife protection laws and  regu-
 11        lations.
 12        (e)  (i)   The director of the department of correction, the deputy direc-
 13             tor for probation and parole, and wardens of institutions;
 14             (ii)  Employees  of  the department of correction accountable for the
 15             custody, safety, safekeeping or supervision of persons confined in  a
 16             department  confinement  facility  and  whose work station is located
 17             within the confinement facility;
 18             (iii) Probation and parole supervisors, probation and parole investi-
 19             gators, and probation and parole officers;
 20             (iv)  Correctional peace officer training instructors;
 21             (v)   Employees of the department of correction serving in  positions
 22             of  personnel  management, accounting, data processing, clerical ser-
 23             vices and  in  like  general  classifications  found  in  departments
 24             throughout  state  government and not within  the scope of active law
 25             enforcement service are not eligible for police officer  member  sta-
 26             tus.
 27        (f)  Employees  of the adjutant general and military division of the state
 28        where military membership is a condition of employment.
 29        (g)  Magistrates of the district court; justices  of  the  supreme  court,
 30        judges of the court of appeals, and district judges who have made an elec-
 31        tion  under  section 1-2011, Idaho Code; and court employees designated by
 32        court order to have primary responsibility for court security or transpor-
 33        tation of prisoners.
 34        (h)  Employees whose primary function requires that they are certified  by
 35        the  Idaho  department  of  health  and  welfare  as  an emergency medical
 36        technician-basic, an advanced emergency medical  technician-ambulance,  an
 37        emergency   medical   technician-intermediate,  or  an  emergency  medical
 38        technician-paramedic.
 39        (i)  Criminal investigators of the attorney general's office, and criminal
 40        investigators of a prosecuting attorney's office.
 41        (j)  The director of security and the criminal investigators of the  Idaho
 42        state lottery.
 43        (4)  A  member may be designated by the retirement board as a police offi-
 44    cer member for retirement purposes if the position held is one  in  which  the
 45    principal duties involve hazardous law enforcement duties.
 46        (a)  For  purposes  of  this  section,  "hazardous law enforcement duties"
 47        means principal duties which:
 48             (i)   Will reasonably expect to increase  the  probability  of  early
 49             superannuation;
 50             (ii)  Are associated with life-threatening risk or present a position
 51             of  peril  either  to the member or to others, or which can place the
 52             public safety in jeopardy; and
 53             (iii) Either compel others to observe the law, pertain to crime  pre-
 54             vention,  or  pertain  to  crime reduction, including police, courts,
 55             prosecution, correction, or rehabilitation.
                                                                        
                                       68
                                                                        
  1        (b)  If continued employment in a position is conditioned  on  maintaining
  2        current POST certification, such condition shall be evidence to be consid-
  3        ered that the employee is a police officer member for retirement purposes.
  4             (i)   After  July  1,  1999, a requirement for POST certification for
  5             classified state employees may be made only by the  administrator  of
  6             the  division  bureau chief of the bureau of human resources pursuant
  7             to chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code.
  8        (c)  Occasional assignments to hazardous law  enforcement  duties  do  not
  9        create  a condition for designation as a police officer member for retire-
 10        ment purposes.
 11        (5)  Any employer or agency that believes that any employee, not  specifi-
 12    cally  designated  as  a police officer by law, is incorrectly classified as a
 13    nonpolice officer member, may petition the retirement board for  inclusion  of
 14    that  employee's  position  as one to be filled by a police officer member for
 15    retirement purposes. The petition shall be in writing  and  shall  explain  in
 16    detail the principal duties of the position and include written evidence which
 17    establishes  that  the  criteria  of  subsection  (4) are met. The board shall
 18    review the petition and evidence, together with such information and  evidence
 19    as  may  be  presented  by  the  staff of the retirement system. The board may
 20    decide the matter based upon the information supplied, may request  additional
 21    information,  or  may request an oral presentation before the board. The deci-
 22    sion of the board shall be final, but a similar petition  may  be  resubmitted
 23    after six (6) months.
 24        (6)  On  and after July 1, 1985, no active member shall be classified as a
 25    police officer for retirement purposes unless the employer shall  have  certi-
 26    fied  to  the  board,  on a form provided by the board, that such member is an
 27    employee whose primary position with the employer is one  designated  as  such
 28    within  the  meaning  of  this chapter, and the board shall have accepted such
 29    certification. Acceptance by the board of an employer's certification shall in
 30    no way limit the board's right to  review  and  reclassify  the  position  for
 31    retirement  purposes  based  upon  an audit or other relevant information pre-
 32    sented to the board.
 33        (7)  An active member classified as a police officer for  retirement  pur-
 34    poses  whose  position is reclassified to that of a general member for retire-
 35    ment purposes as a result of a determination that the position does  not  meet
 36    the requirements of this chapter for police officer status for retirement pur-
 37    poses  shall  become  a  general member but shall not lose retirement benefits
 38    earned and accrued prior to the reclassification. If that member continues  to
 39    be  employed  in  that  same  position until retired, that member then will be
 40    deemed to be a police officer member for the purposes of retirement  eligibil-
 41    ity.
                                                                        
 42        SECTION  46.  That Section 59-1311, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        59-1311.  PUBLIC EMPLOYEE RETIREMENT FUND  CREATED  --  ADMINISTRATION  --
 45    PAYMENT  OF  BENEFITS  --  PERPETUAL APPROPRIATION. (1) There is hereby estab-
 46    lished in the state treasury a special fund, the "Public  Employee  Retirement
 47    Fund,"  which  shall  be separate and apart from all public moneys or funds of
 48    this state, and shall be administered under the direction of the board  exclu-
 49    sively  for  the  purposes of this chapter. The state treasurer shall maintain
 50    within the fund a clearing account, a portfolio investment expense account and
 51    an administration account.
 52        (2)  All contributions received from  employers  by  the  board  on  their
 53    account and on account of members shall be deposited with a funding agent des-
                                                                        
                                       69
                                                                        
  1    ignated  by  the  board. All such funds are hereby perpetually appropriated to
  2    the board, and shall  not  be  included  in  the  department's  administration
  3    account  budget  and  shall  be invested or used to pay for investment related
  4    expenses.
  5        (3)  As needed to pay current obligations, the board shall transfer  funds
  6    from  the  funding  agent to the state treasurer's office for deposit into the
  7    administration account. All funds  deposited  in  the  administration  account
  8    shall  be  available  to  the board for the payment of administrative expenses
  9    only to the extent so appropriated by the legislature.
 10        (4)  As required by the board, the funding agent shall transfer  funds  to
 11    the state treasurer's office for deposit into the portfolio investment expense
 12    account for payment of investment expenses. The funds deposited in the portfo-
 13    lio  investment   expense account shall be used for payment of investments and
 14    investment related expenses. Such expenses shall include but  not  be  limited
 15    to:
 16        (a)  Reporting services;
 17        (b)  Investment advisory services;
 18        (c)  Funding agent fees and money management fees; and
 19        (d)  Investment  staff  expenses including hiring of investment management
 20        personnel.
 21    Investment management personnel shall be exempt from the provisions of chapter
 22    53, title 67 sections 67-3532 through 67-3561 and section 67-3519, Idaho Code,
 23    and shall be hired by and serve at the pleasure of the board. All expenses  of
 24    the  portfolio  investment  expense  account  shall be reported on a quarterly
 25    basis to the legislature and to the division of financial  management  in  the
 26    office of the governor.
 27        (5)  As  required  by the board, the funding agent shall transfer funds to
 28    the state treasurer's office for deposit into the clearing account. All  bene-
 29    fits for members shall be payable directly from the clearing account or by the
 30    funding  agent as they come due. If the amount of such benefits payable at any
 31    time exceeds the amount in the clearing account, the payment of all or part of
 32    such benefits may be postponed until the clearing account becomes adequate  to
 33    meet  all  such  payments,  or the board may require a refund from the funding
 34    agent sufficient to meet all such payments.
 35        (6)  Moneys representing member entitlements which remain unclaimed  after
 36    reasonable  attempts  to  effect  payment  shall remain in the retirement fund
 37    available for payment to the member or other established rightful payee.
                                                                        
 38        SECTION 47.  That Section 59-1601, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        59-1601.  APPLICABILITY.  The provisions of this chapter shall be applica-
 41    ble to those nonclassified officers and employees  in  the  several  executive
 42    agencies  of  state  government  as  defined  in chapter 53, title 67 sections
 43    67-3532 through 67-3561, Idaho Code, to the  officers  and  employees  of  any
 44    executive  department  when designated in this chapter and, where specifically
 45    indicated, to the officers and employees of the legislative department.
                                                                        
 46        SECTION 48.  That Section 59-1603, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        59-1603.  CONFORMITY  WITH  CLASSIFIED POSITIONS. (1) To the extent possi-
 49    ble, each nonclassified position in the executive department will  be  paid  a
 50    salary or wage comparable to classified positions with similar duties, respon-
 51    sibilities, training, experience and other qualifications. Temporary employees
                                                                        
                                       70
                                                                        
  1    and agricultural inspectors referred to in subsections (n14) and (p16) of sec-
  2    tion  67-53033534,  Idaho  Code,  shall not be entitled to sick leave accruals
  3    provided in section 59-1605, Idaho Code, vacation leave  provided  in  section
  4    59-1606,  Idaho  Code,  nor  holiday pay defined in subsection (15) of section
  5    67-53023533, Idaho Code, unless contributions are being  made  to  the  public
  6    employee  retirement  system  in  accordance  with chapter 13, title 59, Idaho
  7    Code, and rules promulgated by the retirement board. Vacation and  sick  leave
  8    accruals,  but  not holiday pay, shall be awarded retroactively, if necessary,
  9    to the date such 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 sections 67-3532
 24    through  67-3561, Idaho Code, and which are not otherwise fixed by law. To the
 25    extent possible, the state board of education shall adopt schedules and  poli-
 26    cies  which are compatible with the state's accounting system. The state board
 27    of education may also maintain personnel records and files under a  system  of
 28    its own, if approved by the state 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  must be approved by the
 33    appointing authority and be communicated to the state controller in writing at
 34    least thirty (30) days in advance of the effective date of the schedule.
 35        (7)  In addition to salary increases provided by any compensation schedule
 36    adopted pursuant to paragraph (6) of this section, nonclassified officers  and
 37    employees,  except those who are elected officials or whose salaries are fixed
 38    by law, may be granted an award not to exceed two thousand dollars ($2,000) in
 39    any given fiscal year based upon an affirmative certification  of  meritorious
 40    service. Exceptions to the two thousand dollar ($2,000) limit provided in this
 41    section  may  be  granted  under  extraordinary  circumstances  if approved in
 42    advance by the state board of examiners. Appointing authorities shall submit a
 43    report to the division of financial management and  the  legislative  services
 44    office by October 1 on all awards granted in the preceding fiscal year.
 45        (8)  In  addition  to salary increases provided by any compensation sched-
 46    ule, nonclassified officers and employees, except those who are elected  offi-
 47    cials  or  whose  salaries  are  fixed  by law, may be granted an award not to
 48    exceed two thousand dollars ($2,000) in any given fiscal year based upon  sug-
 49    gestions  or  recommendations  made by the employee which resulted in taxpayer
 50    savings as a result of cost savings or greater efficiencies to the department,
 51    office or institution or to the state of Idaho in excess of the amount of  the
 52    award.  Exceptions  to the two thousand dollar ($2,000) limit provided in this
 53    subsection may be  granted  in  extraordinary  circumstances  if  approved  in
 54    advance  by  the  state  board of examiners. The appointing authority shall as
 55    near as practicable utilize the criteria in conformance with rules promulgated
                                                                        
                                       71
                                                                        
  1    by the division bureau  of  human  resources  pursuant  to  sections  67-5309D
  2    67-3532  through  67-3561,  Idaho  Code. Appointing authorities shall submit a
  3    report to the division of financial management and  the  legislative  services
  4    office by October 1 on all employee suggestion awards granted in the preceding
  5    fiscal  year. Such report shall include any changes made as a direct result of
  6    an employee's suggestion and savings resulting therefrom.
  7        (9)  Each appointing authority, including  the  elective  offices  in  the
  8    executive department, the legislative department, the judicial department, and
  9    the  state  board of education and the board of regents, shall comply with all
 10    reporting requirements necessary to produce the  list  of  employee  positions
 11    prescribed by section 67-3519, Idaho Code.
 12        (10) The  adjutant  general, with the approval of the governor, shall pre-
 13    scribe personnel policies for all officers and employees of the national guard
 14    which are not otherwise fixed by law. Such policies will include  an  employee
 15    grievance  procedure with appeal to the adjutant general. The adjutant general
 16    shall determine schedules of salary and compensation which are, to the  extent
 17    possible, comparable to the schedules used for federal civil service employees
 18    of  the  national guard and those employees serving in military status. Sched-
 19    ules adopted shall be compatible with the state's  accounting  system  to  the
 20    extent possible.
 21        (11) In  addition  to salary increases provided by any compensation sched-
 22    ule, nonclassified officers and employees, except those who are elected  offi-
 23    cials  or  whose  salaries  are  fixed  by  law, may be granted one-time award
 24    payment for recruitment or annual award pay for retention purposes based  upon
 25    affirmative  certification of meritorious service after completion of at least
 26    six (6) months of service. Appointing authorities shall submit a report to the
 27    division of financial management and the legislative services office by  Octo-
 28    ber 1 on all such awards granted in the preceding fiscal year.
 29        (12) In  addition  to salary increases provided by any compensation sched-
 30    ule, nonclassified officers and employees, except those who are elected  offi-
 31    cials or whose salaries are fixed by law, may be granted other pay as provided
 32    in  this subsection. Appointing authorities shall submit a report to the divi-
 33    sion of financial management and the legislative services office by October  1
 34    on all such awards granted in the preceding fiscal year.
 35        (a)  Shift  differential  pay  up  to  twenty-five percent (25%) of hourly
 36        rates depending on local market rates in order to attract and retain qual-
 37        ified staff.
 38        (b)  Geographic differential pay in areas of the state  where  recruitment
 39        and retention are difficult due to economic conditions and cost of living.
 40        (13) In  unusual  circumstances, when a distribution has been approved for
 41    classified employees pursuant to sections 67-5309D  67-3532  through  67-3561,
 42    Idaho  Code,  each appointing authority, including the elective offices in the
 43    executive branch, the legislative branch, the judicial branch, and  the  state
 44    board  of  education  and the board of regents of the university of Idaho, may
 45    grant nonclassified employees nonmerit pay in the same proportion as  received
 46    by classified employees in that department or institution. Appointing authori-
 47    ties  shall  submit  a  report to the division of financial management and the
 48    legislative services office by October 1 on all such  awards  granted  in  the
 49    preceding fiscal year.
 50        (14) Each  appointing  authority,  shall as nearly as practicable, utilize
 51    the criteria for reimbursement of moving expenses in conformance with  section
 52    67-53373557, Idaho Code, and rules promulgated by the division bureau of human
 53    resources  pursuant  thereto.  Appointing authorities shall submit a report to
 54    the division of financial management and the legislative  services  office  by
 55    October 1 on all moving reimbursements granted in the preceding fiscal year.
                                                                        
                                       72
                                                                        
  1        (15) Specific  pay  codes shall be established and maintained in the state
  2    controller's office to ensure accurate reporting and  monitoring  of  all  pay
  3    actions authorized in this section.
                                                                        
  4        SECTION  49.  That Section 59-1604, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        59-1604.  CREDITED STATE SERVICE. (1) For the purposes of  payroll,  vaca-
  7    tion or annual leave, sick leave and other applicable purposes, credited state
  8    service shall be earned by:
  9        (a)  The  elective  officers of the executive department, except the lieu-
 10        tenant governor;
 11        (b)  Nonclassified officers and employees of any  department,  commission,
 12        division,  agency  or  board of the executive department, except for part-
 13        time members of boards, commissions and committees;
 14        (c)  Officers and employees of the legislative department, except  members
 15        of the house of representatives and the senate.
 16        (2)  Eligible  nonclassified  officers and employees shall accrue credited
 17    state service at the same rate and under the same conditions as is provided in
 18    section 67-53323554, Idaho Code, for classified officers and employees.
 19        (3)  Members of the legislature, the lieutenant governor, and  members  of
 20    part-time boards, commissions and committees, shall not be eligible for annual
 21    leave or sick leave.
 22        (4)  Credited state service for those officers and employees identified by
 23    section  67-5303(i)3534(10),  Idaho  Code, shall be as determined by the state
 24    board of education, except no such officer or employee shall be credited  with
 25    more  than  two  thousand  eighty  (2,080)  hours during any twelve (12) month
 26    period.
 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        (5)  Service  for  retirement purposes shall be as provided in chapter 13,
 31    title 59, Idaho Code, or in chapter 20, title 1, Idaho Code.
                                                                        
 32        SECTION 50.  That Section 59-1605, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        59-1605.  SICK  LEAVE COMPUTATION. (1) Eligible nonclassified officers and
 35    employees shall accrue sick leave at the same rate and under the  same  condi-
 36    tions  as is provided in section 67-53333555, Idaho Code, for classified offi-
 37    cers and employees.
 38        (2)  Sick leave shall be taken by nonclassified officers and employees  in
 39    as  nearly  the same manner as possible as is provided in section 67-53333555,
 40    Idaho Code, for classified officers and employees.
 41        (3)  The supreme court shall determine the sick  leave  policies  for  all
 42    officers and employees of the judicial department. To the extent possible, the
 43    supreme  court  shall  adopt  policies  which  are compatible with the state's
 44    accounting system. Any policy and procedures determined by the  supreme  court
 45    must  be  communicated to the state controller in writing at least one hundred
 46    eighty (180) days in advance of the effective date of the  policy  and  proce-
 47    dures.
 48        (4)  The  state board of education shall determine the sick leave policies
 49    for all officers and employees of the state board of  education  who  are  not
 50    subject  to  the  provisions  of chapter 53, title 67 sections 67-3532 through
 51    67-3561, Idaho Code. To the extent possible,  the  state  board  of  education
                                                                        
                                       73
                                                                        
  1    shall adopt policies which are compatible with the state's accounting system.
  2        Any  policy and procedures determined by the state board of education must
  3    be communicated to the state controller in writing at least one hundred eighty
  4    (180) days in advance of the effective date of the policy and procedures.
  5        (5)  The state board of  examiners  shall  adopt  comparative  tables  and
  6    charts  to  compute  sick leave on daily, weekly, bi-weekly biweekly, calendar
  7    month and annual periods.
                                                                        
  8        SECTION 51.  That Section 59-1606, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:
                                                                        
 10        59-1606.  VACATION TIME. (1) Eligible nonclassified officers and employees
 11    in  the  executive  department  and in the legislative department shall accrue
 12    vacation leave and take vacation leave at the same rate  and  under  the  same
 13    conditions  as  is provided in section 67-53343556, Idaho Code, for classified
 14    officers and employees.
 15        (a)  The state board of  examiners  shall  adopt  comparative  tables  and
 16        charts to compute vacation time on daily, weekly, bi-weekly biweekly, cal-
 17        endar month and annual periods.
 18        (2)  Eligible nonclassified officers and employees in the judicial depart-
 19    ment shall accrue vacation leave as determined by order of the supreme court.
 20        Leave  policies  established  by the supreme court must be communicated to
 21    the state controller in writing at least one  hundred  eighty  (180)  days  in
 22    advance of the effective date of the policies.
 23        (3)  The state board of education shall determine the vacation leave poli-
 24    cies  for  all  officers and employees of the state board of education who are
 25    not subject to the provisions of chapter 53, title 67 sections 67-3532 through
 26    67-3561, Idaho Code. To the extent possible,  the  state  board  of  education
 27    shall adopt policies which are compatible with the state's accounting system.
 28        Any  policy and procedures determined by the state board of education must
 29    be communicated to the state controller in writing at least one hundred eighty
 30    (180) days in advance of the effective date of the policy and procedures.
                                                                        
 31        SECTION 52.  That Section 59-1607, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        59-1607.  HOURS OF WORK AND OVERTIME. (1) It is the policy of the legisla-
 34    ture  of the state of Idaho that all classified and nonclassified officers and
 35    employees of state government shall be treated substantially similar with ref-
 36    erence to hours of employment, holidays and vacation leave, except as provided
 37    in this chapter. The policy of this state shall not restrict the extension  of
 38    regular  work hour schedules on an overtime basis, which shall be the same for
 39    classified and nonclassified employees, in those activities and  duties  where
 40    such extension is necessary and authorized by the appointing 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)3534(10), Idaho
 50        Code.
 51        (4)  Classified and nonclassified employees who are designated  as  execu-
                                                                        
                                       74
                                                                        
  1    tive, as provided in section 67-53023533, Idaho Code, and who are not included
  2    in  the  definition of subsection (3) of this section, shall be ineligible for
  3    compensatory time or  cash  compensation  for  overtime  work.  Such  salaried
  4    employees  shall  report absences in excess of one-half (1/2) day. Unused com-
  5    pensatory time balances in excess of two hundred forty (240) hours as  of  the
  6    date  of enactment of this act shall be forfeited on December 31, 2008. Unused
  7    compensatory time balances of two hundred forty (240) hours or less  shall  be
  8    forfeited  on  December  31, 2006 Employees who become executives within their
  9    current agency as set forth in section 67-3533(11), Idaho Code, shall have six
 10    (6) months from the date of appointment to use any compensatory time  balance.
 11    After  six (6) months, any remaining compensatory time will be forfeited. Com-
 12    pensatory time is not transferable and shall  be  forfeited  at  the  time  of
 13    transfer  to  another  appointing  authority  or  upon  separation  from state
 14    service.
 15        (5)  Classified and nonclassified officers and employees  who  are  desig-
 16    nated  as administrative, or professional, computer worker or other exemptions
 17    as provided in the federal fair labor standards act, and who are not  included
 18    in  the  definition of subsection (3) of this section, shall be ineligible for
 19    cash compensation for overtime work unless cash payment is authorized  by  the
 20    state  board of examiners for overtime accumulated during unusual or emergency
 21    situations, but such classified and nonclassified officers and employees shall
 22    be allowed compensatory time off from duty for overtime work.  Such  compensa-
 23    tory  time  shall  be  earned  and  allowed on a one (1) hour for one (1) hour
 24    basis, shall not be transferable, and shall be forfeited at the time of trans-
 25    fer to another appointing authority or upon  separation  from  state  service.
 26    Compensatory  time  may be accrued and accumulated to a maximum of two hundred
 27    forty (240) hours. Effective July  1,  2007,  compensatory  time  balances  in
 28    excess  of two hundred forty (240) hours will not continue to accrue until the
 29    balance is below the maximum. On June 15, 2008, all hours  in  excess  of  two
 30    hundred forty (240) hours shall be forfeited.
 31        (6)  Classified  and nonclassified officers and employees who are not des-
 32    ignated as executive, administrative,  or  professional,  computer  worker  or
 33    other exemptions as provided in the federal fair labor standards act,  as pro-
 34    vided  in  this section, and who are not included in the definition of subsec-
 35    tion (3) of this section, shall be eligible for cash compensation or compensa-
 36    tory time off from duty for overtime work,  subject  to  the  restrictions  of
 37    applicable  federal law. Compensatory time off may be provided in lieu of cash
 38    compensation at the discretion of the appointing authority after consultation,
 39    in advance, with the employee. Compensatory time off shall be paid at the rate
 40    of one and one-half (1 1/2) hours for each overtime hour worked.  Compensatory
 41    time  off  which has been earned during any one-half (1/2) fiscal year but not
 42    taken by the end of the succeeding one-half (1/2) fiscal year, shall  be  paid
 43    in  cash  on the first payroll following the close of such succeeding one-half
 44    (1/2) fiscal year. Compensatory time not taken at  the  time  of  transfer  to
 45    another  appointing  authority  or upon separation from state service shall be
 46    liquidated at the time of such transfer or separation by payment in cash.
 47        (7)  Notwithstanding the above, employees may be paid  for  overtime  work
 48    during a disaster or emergency with the approval of the board of examiners.
                                                                        
 49        SECTION  53.  That Section 63-3076, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        63-3076.  PENALTY FOR DIVULGING INFORMATION. In regard to the  administra-
 52    tion  of  the  taxes  imposed by this chapter or by any other statute to which
 53    this section and section 63-3077, Idaho Code, expressly apply:
                                                                        
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  1        (1)  No state tax commissioner, deputy, or any clerk, agent, contractor or
  2    employee, or any centralized state computer facility employee  or  any  person
  3    formerly  employed  in any such position shall knowingly divulge or make known
  4    to any person in any manner any  tax  return  or  tax  information  whatsoever
  5    obtained  directly or indirectly by him in the discharge of his duties, except
  6    as provided by statute, court order or rules of the state tax commission  pro-
  7    mulgated under this section or section 63-3077, Idaho Code.
  8        (2)  In  any  action  or proceeding brought for the collection, remission,
  9    cancellation or refund of the whole or any part of a  tax  imposed  under  the
 10    provisions of this chapter, or for enforcing the penalties prescribed for mak-
 11    ing  false  or  fraudulent  returns, any and all information contained in such
 12    returns and tax information may be furnished or made accessible to  the  offi-
 13    cers or representatives of the state or county charged with the duty of inves-
 14    tigating,  prosecuting  or  defending  the  same; and all such returns and tax
 15    information and the statements and correspondence relating thereto may be pro-
 16    duced in evidence in any action or proceeding,  civil  or  criminal,  directly
 17    pertaining  to such returns or the tax imposed on the basis of such return. In
 18    addition, the state tax commission may provide information in  its  possession
 19    to  a  law  enforcement  agency or prosecutor pursuant to the investigation or
 20    prosecution of an offense under section 18-915,  18-1353,  18-1353A,  18-1354,
 21    18-1355  or  18-6710, Idaho Code, when the victim of such an offense is, or at
 22    the time of the action was, a member, employee or agent of the state tax  com-
 23    mission.
 24        (3)  A  copy  of  all  or  any portion of a federal return, or information
 25    reflected on such federal return, which may be attached to an Idaho return, or
 26    otherwise come into the possession of any commissioner, deputy, clerk,  agent,
 27    contractor or employee, or any employee of a centralized state computer facil-
 28    ity,  shall not be disclosed in any manner whatsoever other than as authorized
 29    by this section.
 30        (4)  Any officer, agent, clerk, contractor or employee who knowingly  vio-
 31    lates  any  of the provisions of this section shall be guilty of a felony and,
 32    upon conviction thereof, be punished by a fine of not less  than  one  hundred
 33    dollars  ($100)  nor more than five thousand dollars ($5,000), or by imprison-
 34    ment for not more than five (5) years. Such officer, agent, clerk,  contractor
 35    or  employee upon such conviction shall also forfeit his office, employment or
 36    contract and shall be incapable of holding any public office in this state for
 37    a period of two (2) years thereafter. Nothing in this subsection  shall  limit
 38    the  state tax commission's ability to take disciplinary actions authorized in
 39    chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code.
 40        (5)  As used in this section and section 63-3077, Idaho Code, the term:
 41        (a)  "Return" means any of the following whether required,  provided  for,
 42        or  permitted by any statute administered by the state tax commission that
 43        is filed with the state tax commission by, for, or  with  respect  to  any
 44        person:
 45             (i)   Any tax or information return;
 46             (ii)  Declaration of estimated tax;
 47             (iii) Claim for refund;
 48             (iv)  Any  amendment  or  supplement  thereto,  including  supporting
 49             schedules, attachments or lists that are supplemental to, or part of,
 50             the return.
 51        (b)  "Tax information" means:
 52             (i)   A taxpayer's identity;
 53             (ii)  The  nature, source or amount of a taxpayer's income, payments,
 54             receipts, deductions, exemptions, credits, assets,  liabilities,  net
 55             worth,  tax liability, tax withheld, deficiencies, overassessments or
                                                                        
                                       76
                                                                        
  1             tax payments;
  2             (iii) The status of the processing or investigation of the taxpayer's
  3             liability;
  4             (iv)  Any other data received by, recorded by, prepared by, furnished
  5             to or collected by the state tax commission with respect to a  return
  6             or  with  respect  to the determination of the existence, or possible
  7             existence, of liability, or the amount thereof, of any person  pursu-
  8             ant to the laws administered by the state tax commission for any tax,
  9             penalty, interest, fine, forfeiture, other imposition or offense;
 10             (v)   Any part of a written determination, or documents relating to a
 11             written determination, that is not open to public inspection; and
 12             (vi)  Information  filed with, or furnished to, the state tax commis-
 13             sion by or for the taxpayer to whom the information relates  that  is
 14             not otherwise public information.
                                                                        
 15        SECTION  54.  That  Section 65-202, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        65-202.  POWERS AND DUTIES. The administrator of the division of  veterans
 18    services  shall have full power and authority on behalf of the state of Idaho,
 19    in recognition of the services rendered by veterans of the armed forces of the
 20    United States, to:
 21        (1)  Oversee the management and operation of the  veterans  homes  in  the
 22    state  and  the  state  veterans cemetery, and provide care to veterans of the
 23    armed forces of the United States under such rules as  the  administrator  may
 24    from time to time adopt.
 25        (2)  Extend  financial relief and assistance to disabled or destitute war-
 26    time veterans and to those dependent upon such disabled or  destitute  wartime
 27    veterans  as  the  commission  shall determine to be reasonably required under
 28    such rules as the administrator may, from time to time, adopt.
 29        (3)  Collect benefits paid by the United  States  department  of  veterans
 30    affairs  for  burial and plot allowance for persons interred at the state vet-
 31    erans cemetery.
 32        (4)  Prescribe, with the approval of the commission, the qualifications of
 33    all personnel in accordance with the Idaho personnel system law. The  adminis-
 34    trators  in charge of state veterans homes and the office of veterans advocacy
 35    shall be considered nonclassified exempt employees pursuant to the  provisions
 36    of  chapter  53,  title  67  sections 67-3532 through 67-3561, Idaho Code, and
 37    shall serve at the pleasure of the administrator of the division  of  veterans
 38    services.
 39        (5)  Accept  gifts,  grants, contributions and bequests of funds, and per-
 40    sonal property to the state of Idaho for the benefit of veterans of the  armed
 41    forces of the United States.
 42        (6)  Enter  into  contracts, within the limit of funds available therefor,
 43    acquire services and personal property, and do and perform any acts  that  may
 44    be necessary in the administration of services to veterans of the armed forces
 45    of the United States.
 46        (7)  Administer, with the advice and approval of the commission, moneys in
 47    the  veterans  cemetery  maintenance fund established in section 65-107, Idaho
 48    Code.
 49        (8)  Establish by rule charges  related  to  interment,  disinterment  and
 50    reinterment  in  the  state  veterans cemetery and the administrator is hereby
 51    directed to cause such charges to be deposited in the veterans cemetery  main-
 52    tenance fund established in section 65-107, Idaho Code.
 53        (9)  In his discretion, assume control of the cremated remains of deceased
                                                                        
                                       77
                                                                        
  1    persons  qualified  for  interment  in  the state veterans cemetery, apply for
  2    burial and plot allowance benefits paid by the  United  States  department  of
  3    veterans  affairs  for  such deceased  persons and inter in the state veterans
  4    cemetery the cremated remains of deceased persons qualified for  interment  in
  5    the state veterans cemetery.
                                                                        
  6        SECTION  55.  That  Section 65-506, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        65-506.  FAILING OR REFUSING TO GIVE PREFERENCE --  CIVIL  LIABILITY.  (1)
  9    Individuals  who  believe  they have been denied a right or benefit under this
 10    chapter may file an appeal with the governing body  of  such  jurisdiction  or
 11    unit of government within thirty-five (35) days of the alleged denial of pref-
 12    erence.  If  an appeal process does not exist for that jurisdiction or unit of
 13    government, the complainant may file directly in district court.
 14        (2)  The division of veterans services is authorized and directed to issue
 15    rules for the enforcement of this chapter. Such rules shall include,  but  are
 16    not  limited  to,  procedures  public  employers may implement for an internal
 17    process which must be exhausted prior to gaining access to the courts.
 18        (3)  Any public employer who deliberately or willfully refuses or fails to
 19    give preference to qualified veterans required by the provisions of this chap-
 20    ter shall be subject to writs of mandate pursuant to  sections  7-301  through
 21    7-314,  Idaho  Code, and if found in violation of any such provisions shall be
 22    required to pay the costs of suit and reasonable attorney's fees  incurred  in
 23    such  action,  and  may further be required to employ or reemploy the veteran,
 24    and shall be required to pay as damages such amount as the  court  may  award,
 25    but  in no event shall the amount of such damages and costs of suit exceed the
 26    sum of five thousand dollars ($5,000) or ten percent (10%) of the annual  sal-
 27    ary  of  the  position, whichever is higher. Such action must be commenced not
 28    more than one hundred eighty (180) days from the alleged denial of preference,
 29    provided however, applicants for classified state employment remain subject to
 30    the procedures set forth in section 67-5316 72-1345A, Idaho Code. If an appeal
 31    process is in place pursuant to subsection (1) of this section, the  one  hun-
 32    dred eighty (180) days will not begin until that process has been exhausted.
                                                                        
 33        SECTION  56.  That  Section 67-429, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        67-429.  POWERS AND DUTIES. (1) It shall be the duty  of  the  council  to
 36    collect  and  compile information, to draft bills and to conduct research upon
 37    any subject which the legislature may authorize or direct or upon any  subject
 38    which  it  may  determine, provided that all activities of the council must be
 39    reasonably related to a legislative purpose. The legislature may make specific
 40    assignments to the council by a concurrent resolution approved by both houses.
 41        (2)  The council may hold public hearings and it may authorize  or  direct
 42    any of its committees to hold public hearings on any matters within the juris-
 43    diction of the council.
 44        (3)  The  council  shall  establish  and  maintain a legislative reference
 45    library.
 46        (4)  For the purpose of conducting any study within  the  jurisdiction  of
 47    the council, by resolution adopted by the affirmative vote of two-thirds (2/3)
 48    of  the entire membership of the council, the chairman of the council may sub-
 49    poena witnesses, compel their attendance,  take evidence and require the  pro-
 50    duction  of  any  books,  papers, correspondence or other documents or records
 51    which the council deems relevant or material to any matter on which the  coun-
                                                                        
                                       78
                                                                        
  1    cil or any committee is conducting a study.
  2        (5)  It shall be the duty of the council to superintend and administer the
  3    legislative  space  in  the capitol building at all times, and to prepare such
  4    space when required for the sessions of the legislature, which  shall  include
  5    the provision of furniture and equipment.
  6        (6)  The  legislative council shall review and make recommendations to the
  7    administrator bureau chief of the division bureau of human  resources  on  all
  8    aspects of the state personnel system, including policies, wages and salaries.
  9        (7)  The  council  has  authority  to appoint committees and hire staff or
 10    contract for services to implement the provisions of this section. In addition
 11    to the duties provided above, the council has authority to:
 12        (a)  Provide the legislature with research and  analysis  of  current  and
 13        projected state revenue, state expenditure and state tax expenditures;
 14        (b)  Provide  the  legislature with a report analyzing the governor's pro-
 15        posed levels of revenue and expenditures for budgets and supplemental bud-
 16        get requests submitted to the legislature;
 17        (c)  Provide an analysis of the impact of the governor's proposed  revenue
 18        and expenditure plans for the next fiscal year;
 19        (d)  Conduct  research on matters of economic and fiscal policy and report
 20        to the legislature on the result of the research;
 21        (e)  Provide economic reports and studies on  the  state  of  the  state's
 22        economy  including  trends and forecasts for consideration by the legisla-
 23        ture;
 24        (f)  Conduct budget and tax studies and provide general fiscal and budget-
 25        ary information;
 26        (g)  Review and make recommendations on the operation of state programs in
 27        order to appraise the implementation of state laws regarding the  expendi-
 28        ture of funds and to recommend means of improving their efficiency;
 29        (h)  Recommend  to  the  legislature changes in the mix of revenue sources
 30        for programs, in the percentage of state  expenditures  devoted  to  major
 31        programs,  and  in the role of the legislature in overseeing state govern-
 32        ment expenditures and revenue projections;
 33        (i)  Make a continuing study and investigation of the  building  needs  of
 34        the  government  of the state of Idaho, including, but not limited to, the
 35        following:  the current and future  requirements  of  new  buildings,  the
 36        maintenance  of  existing  buildings, rehabilitating and remodeling of old
 37        buildings, the planning of administrative offices, and exploring the meth-
 38        ods of financing building and related costs; and
 39        (j)  Conduct a study of state-local finance, analyzing and  making  recom-
 40        mendations  to the legislature on issues including levels of state support
 41        for political subdivisions, basic levels of local need, balances of  local
 42        revenues  and options, relationship of local taxes to individuals' ability
 43        to pay and financial reporting by political subdivisions.
 44        (8)  In performing its duties under subsection (7) of  this  section,  the
 45    council and its employees may consider, among other things:
 46        (a)  The relative dependence on state tax revenues, federal funds and user
 47        fees  to  support  state-funded  programs, and whether the existing mix of
 48        revenue sources is appropriate given the purpose of the programs;
 49        (b)  The relative percentages of state expenditures that  are  devoted  to
 50        major   programs such as education, assistance to local government, aid to
 51        individuals, state agencies and institutions and debt service; and
 52        (c)  The role of the legislature in overseeing state  government  expendi-
 53        tures,  including  legislative  appropriation  of  money  from the general
 54        account, legislative appropriation of money from funds other than the gen-
 55        eral account, state agency receipt of money into revolving and other dedi-
                                                                        
                                       79
                                                                        
  1        cated funds and expenditure of money from these  funds  and  state  agency
  2        expenditure of federal funds.
  3        (9)  The  council's  recommendations shall consider the long-term needs of
  4    the state. The recommendations must not duplicate work done by  standing  com-
  5    mittees of the senate and house of representatives.
  6        (10) The  council  may,  after consultation with the governor and with the
  7    chairs of the standing committees of  the  legislature,  select  mandates  and
  8    state  programs  for review. When selecting mandates, state aids or state pro-
  9    grams to be reviewed, the council may consider those that involve payments  to
 10    local  units of government. Staff from affected agencies, staff from the divi-
 11    sion of financial management and legislative staff shall  participate  in  the
 12    reviews.
 13        (11) The  following  state  aids  and  associated  state  mandates  may be
 14    reviewed:
 15        (a)  Local government aid, ad valorem property tax credits, tax  increment
 16        financing and fiscal disparities;
 17        (b)  Human service aids;
 18        (c)  Educational  support  dollars   utilized  for school district general
 19        fund aids, school district capital expenditure fund aids, and school  dis-
 20        trict debt service fund aids;
 21        (d)  General  government aids including natural resource aids, environmen-
 22        tal protection aids, transportation aids, economic  development  aids  and
 23        general infrastructure aids.
 24        (12) At  the direction of the council, the reviews of state aids and state
 25    mandates involving state financing of local government  activities  listed  in
 26    subsection (11) of this section may include:
 27        (a)  The  employment  status,  wages  and  benefits of persons employed in
 28        administering the programs;
 29        (b)  The desirable applicability of state procedural laws or rules;
 30        (c)  Methods for increasing political  subdivision  options  in  providing
 31        their share, if any, of program costs;
 32        (d)  Desirable redistributions of funding responsibilities for the program
 33        and  the  time  period  during  which any recommended funding distribution
 34        should occur;
 35        (e)  Opportunities for reducing program mandates and giving political sub-
 36        divisions more flexibility in meeting program needs;
 37        (f)  Comparability of treatment of similar units of government;
 38        (g)  The effect of the state aid or mandate on  the  distribution  of  tax
 39        burdens among individuals based upon ability to pay;
 40        (h)  Coordination  of  the  payment or allocation formula with other state
 41        aid programs;
 42        (i)  Incentives that have been created for local spending  decisions,  and
 43        whether the incentives should be changed;
 44        (j)  Ways  in  which  political  subdivisions  have changed their revenue-
 45        raising behavior since receiving these grants;
 46        (k)  An assessment of the accountability of all government  agencies  that
 47        participate in the administration of the program.
 48        (13) The  legislative  council may provide for a complete audit of any and
 49    every fund in the state treasury and other state moneys at least once in every
 50    two (2) fiscal years, and commencing for fiscal year 1995 and each year there-
 51    after shall provide for an annual statewide financial audit of  the  statewide
 52    annual financial report prepared by the state controller, and is hereby autho-
 53    rized:
 54        (a)  To supervise and examine the accounts and expenditures of the several
 55        departments  and  public  institutions of the state and to prescribe rules
                                                                        
                                       80
                                                                        
  1        necessary to assure the adequacy and timeliness of  all  audits  performed
  2        for or on behalf of all political subdivisions thereof;
  3        (b)  To  inspect  securities  held  by  the several departments and public
  4        institutions of the state and the political subdivisions thereof;
  5        (c)  To examine, at any and all times, the accounts of every private  cor-
  6        poration, institution, association, or board receiving appropriations from
  7        the  legislature  or  contracting for health and welfare services with the
  8        state of Idaho;
  9        (d)  To demand and receive reports from the state  treasurer,  state  con-
 10        troller,  director  of the department of finance, and any other officer or
 11        agency, and from the several state depositories;
 12        (e)  To publish, from time to time, for the  information  of  the  several
 13        departments  and  of the general public, bulletins of the works of govern-
 14        ment;
 15        (f)  To be the official depository of all audits of  the  several  depart-
 16        ments and public institutions of the state and its political subdivisions;
 17        the  filing  of  an  audit  with the official depository shall satisfy all
 18        requirements for the filing of an audit with the state, any  other  provi-
 19        sion of law notwithstanding;
 20        (g)  To  review  or  have  reviewed the work papers or other documentation
 21        utilized in the audit of a state department or public institution  of  the
 22        state  and  its  political  subdivisions,  and to reject for filing in the
 23        official depository any report based upon unsatisfactory  work  papers  or
 24        inadequately supported documentation;
 25        (h)  To  review and approve the terms and conditions or other statement of
 26        services to be provided on any or all contracts  or  agreements  by  state
 27        government agencies for audits or audit type services; and
 28        (i)  To  report  to the attorney general, for such action, civil or crimi-
 29        nal, as the attorney general may deem necessary, all facts showing illegal
 30        expenditure of the public money or misappropriation of the public money or
 31        misappropriation of the public property.  The governor and state  control-
 32        ler shall also be notified when the report is made to the attorney general
 33        pursuant to this subsection.
 34        All  reports,  findings  and audits of the legislative council pursuant to
 35    this subsection shall be submitted to the legislature and to the governor.
                                                                        
 36        SECTION 57.  That Section 67-802, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        67-802.  OFFICE  OF GOVERNOR -- DUTIES OF GOVERNOR. The office of the gov-
 39    ernor shall be composed of: the state liquor dispensary, as provided by  chap-
 40    ter  2,  title 23, Idaho Code; the military division, as provided by title 46,
 41    Idaho Code; the division of financial management; and such other divisions and
 42    units as are established or assigned by law, or created through administrative
 43    action of the governor.
 44        The governor shall appoint an administrator for each  division,  with  the
 45    advice  and  consent of the senate. Administrators shall serve at the pleasure
 46    of the governor, and shall be exempt from the provisions of chapter 53,  title
 47    67  sections 67-3532 through 67-3561, Idaho Code. Other subordinate staff nec-
 48    essary to accomplish a division's mission shall be subject to  the  provisions
 49    of chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code.
 50        The  supreme  executive power of the state is vested by section 5, article
 51    IV, of the constitution of the  state  of  Idaho,  in  the  governor,  who  is
 52    expressly  charged  with  the duty of seeing that the laws are faithfully exe-
 53    cuted. In order that he may exercise a portion of the authority so vested, the
                                                                        
                                       81
                                                                        
  1    governor is authorized and empowered to implement and  exercise  those  powers
  2    and  perform  those duties by issuing executive orders from time to time which
  3    shall have the force and effect of law when issued  in  accordance  with  this
  4    section  and  within  the  limits imposed by the constitution and laws of this
  5    state. Such executive orders, when issued, shall be serially numbered for each
  6    calendar year and may be referred to and cited by such  numerical  designation
  7    and title. Each executive order issued hereunder shall be effective only after
  8    signature  by  the  governor,  attestation by and filing with the secretary of
  9    state, who shall keep a permanent register and file of such orders in the same
 10    manner as applies to acts of the  legislature.  In  addition,  each  executive
 11    order  required  by  chapter  52, title 67, Idaho Code, to be published in the
 12    administrative bulletin shall be filed with the administrative rules coordina-
 13    tor and published in the bulletin.  Each such executive order  issued  by  the
 14    governor  must  prescribe  a  date after which it shall cease to be effective,
 15    which shall be within four (4) calendar years of the effective  date  of  such
 16    order,  and  if  no date after which such order shall cease to be effective is
 17    contained in the order, then such order shall cease to be effective  four  (4)
 18    calendar  years from the issuance thereof, unless renewed by subsequent execu-
 19    tive order. The governor may modify or repeal any executive order by  issuance
 20    of  a  new executive order. The procedures expressly set forth in this section
 21    shall be sufficient to make an executive order effective.
 22        In addition to those powers prescribed above, and those prescribed by  the
 23    constitution,  the  governor  has  the powers, and may perform the duties pre-
 24    scribed in this section and the following sections:
 25        1.  To supervise the official conduct of  all  executive  and  ministerial
 26    officers.
 27        2.  To  see that all offices are filled, and the duties thereof performed,
 28    or, in default thereof, apply such remedy as the law allows; and if the remedy
 29    is imperfect, acquaint the legislature therewith at its next session.
 30        3.  To make the appointments and supply the vacancies provided by law.
 31        4.  He is the sole official organ of communication between the  government
 32    of  this  state  and the government of any other state or territory, or of the
 33    United States.
 34        5.  Whenever any suit or legal proceeding is pending  in  this  state,  or
 35    which  may affect the title of this state to any property, or which may result
 36    in any claim against the state, he may direct the attorney general  to  appear
 37    on behalf of the state.
 38        6.  He  may  require  the  attorney general or prosecuting attorney of any
 39    county to inquire into the affairs or management of any  corporation  existing
 40    under the laws of this state.
 41        7.  He may require the attorney general to aid any prosecuting attorney in
 42    the discharge of his duties.
 43        8.  He may offer rewards not exceeding one thousand dollars ($1,000) each,
 44    payable out of the state treasury, for the apprehension of any convict who has
 45    escaped  from  the  state  prison,  or  of any person who has committed, or is
 46    charged with the commission of, an offense punishable  with  death;  and  also
 47    offer  like  rewards, not exceeding five hundred dollars ($500) each, in cases
 48    of felony, where the offense is not punishable with death.
 49        9.  To perform such duties respecting fugitives from justice as  are  pre-
 50    scribed by the penal code.
 51        10.  To issue and transmit election proclamations as prescribed by law.
 52        11.  He  may require any officer to make special reports to him in writing
 53    on demand.
 54        12.  He has such other powers and may perform such  other  duties  as  are
 55    devolved upon him by any law of this state.
                                                                        
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  1        SECTION  58.  That Section 67-1401, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        67-1401.  DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this
  4    chapter, it is the duty of the attorney general:
  5        1.  To perform all legal services for the state and to represent the state
  6    and all departments, agencies, offices, officers, boards, commissions,  insti-
  7    tutions  and other state entities, in all courts and before all administrative
  8    tribunals or bodies of any nature. Representation shall be provided  to  those
  9    entities  exempted  pursuant to the provisions of section 67-1406, Idaho Code.
 10    Whenever required to attend upon any  court  or  administrative  tribunal  the
 11    attorney  general  shall  be allowed necessary and actual expenses, all claims
 12    for which shall be audited by the state board of examiners.
 13        2.  To advise all departments, agencies, offices, officers,  boards,  com-
 14    missions, institutions and other state entities in all matters involving ques-
 15    tions of law.
 16        3.  After  judgment in any of the causes referred to in the first subdivi-
 17    sion subsection 1. of this section, to direct the issuing of such  process  as
 18    may be necessary to carry the same into execution.
 19        4.  To  account for and pay over to the proper officer all moneys received
 20    which belong to the state.
 21        5.  To  supervise  nonprofit  corporations,  corporations,  charitable  or
 22    benevolent societies, person or persons holding property subject to any public
 23    or charitable trust and to enforce whenever  necessary  any  noncompliance  or
 24    departure  from  the general purpose of such trust and, in order to accomplish
 25    such purpose, said nonprofit corporations, corporations, charitable or benevo-
 26    lent societies, person or persons holding property subject to  any  public  or
 27    charitable  trust are subject at all times to examination by the attorney gen-
 28    eral, on behalf of the state, to ascertain the condition of its affairs and to
 29    what extent, if at all, said trustee or trustees may  have  failed  to  comply
 30    with  trusts  said  trustee or trustees have assumed or may have departed from
 31    the general purpose for which it was formed. In case of any  such  failure  or
 32    departure, the attorney general shall institute, in the name of the state, any
 33    proceeding  necessary to enforce compliance with the terms of the trust or any
 34    departure therefrom.
 35        6.  To give an opinion in writing, without  fee,  to  the  legislature  or
 36    either  house  thereof, or any senator or representative, and to the governor,
 37    secretary of state, treasurer, state controller,  and  the  superintendent  of
 38    public instruction, when requested, upon any question of law relating to their
 39    respective  offices.  The  attorney general shall keep a record of all written
 40    opinions rendered by the office and such opinions shall be  compiled  annually
 41    and  made  available for public inspection. All costs incurred in the prepara-
 42    tion of said opinions shall be borne by the office of the attorney general.  A
 43    copy  of the opinions shall be furnished to the supreme court and to the state
 44    librarian.
 45        7.  When required by the public service, to repair to any  county  in  the
 46    state  and assist the prosecuting attorney thereof in the discharge of duties.
 47        8.  To  bid  upon  and purchase, when necessary, in the name of the state,
 48    and under the direction of the state controller, any property offered for sale
 49    under execution issued upon judgments in favor of or for the use of the state,
 50    and to enter satisfaction in whole or in part of such judgments as the consid-
 51    eration for such purchases.
 52        9.  Whenever the property of a judgment debtor in any  judgment  mentioned
 53    in the preceding subdivision subsection 8. of this section has been sold under
 54    a  prior judgment, or is subject to any judgment, lien, or encumbrance, taking
                                                                        
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  1    precedence of the judgment in favor of the state, under the direction  of  the
  2    state  controller,  to redeem such property from such prior judgment, lien, or
  3    encumbrance; and all sums of money necessary for such  redemption  must,  upon
  4    the order of the board of examiners, be paid out of any money appropriated for
  5    such purposes.
  6        10. When necessary for the collection or enforcement of any judgment here-
  7    inbefore  mentioned,  to institute and prosecute, in behalf of the state, such
  8    suits or other proceedings as may be necessary to set aside and annul all con-
  9    veyances fraudulently made by such judgment debtors; the cost necessary to the
 10    prosecution must, when allowed by the board of examiners, be paid out  of  any
 11    appropriations for the prosecution of delinquents.
 12        11. To  exercise all the common law power and authority usually appertain-
 13    ing to the office and to discharge the other duties prescribed by law.
 14        12. To report to the governor, at the time required by this code, the con-
 15    dition of the affairs of the attorney general's  office  and  of  the  reports
 16    received from prosecuting attorneys.
 17        13. To  appoint deputy attorneys general and special deputy attorneys gen-
 18    eral and other necessary staff to assist in the performance of the  duties  of
 19    the  office.  Such  deputies and staff shall be nonclassified employees within
 20    the meaning of section 67-53023533, Idaho Code.
                                                                        
 21        SECTION 59.  That Section 67-1910, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        67-1910.  DIVISION  OF  FINANCIAL  MANAGEMENT -- ADMINISTRATOR -- APPOINT-
 24    MENT. There is hereby created within  the  governor's  office  a  division  of
 25    financial  management.  The  governor  shall  appoint an administrator for the
 26    division of financial management. The  administrator  shall  be  knowledgeable
 27    about  finance,  accounting,  and  budget principles. The administrator of the
 28    division may employ additional personnel as may be necessary, and may contract
 29    for professional services or  assistance  when  necessary  or  desirable.  All
 30    employees  of  the  division  of financial management shall be exempt from the
 31    provisions of chapter 53, title 67 sections  67-3532  through  67-3561,  Idaho
 32    Code.
                                                                        
 33        SECTION  60.  That Section 67-1911, Idaho Code, be, and the same is hereby
 34    repealed.
                                                                        
 35        SECTION 61.  That Section 67-2402, Idaho Code, be, and the same is  hereby
 36    amended to read as follows:
                                                                        
 37        67-2402.  STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1)
 38    Pursuant  to  section  20,  article  IV, Idaho constitution, all executive and
 39    administrative offices,  agencies,  and  instrumentalities  of  the  executive
 40    department  of  state, except for those assigned to the elected constitutional
 41    officers, are allocated among and within the following departments:
 42        Department of administration
 43        Department of agriculture
 44        Department of commerce and labor
 45        Department of correction
 46        Department of environmental quality
 47        Department of finance
 48        Department of fish and game
 49        Department of health and welfare
 50        Department of insurance
                                                                        
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  1        Department of juvenile corrections
  2        Idaho transportation department
  3        Industrial commission
  4        Department of lands
  5        Idaho state police
  6        Department of parks and recreation
  7        Department of revenue and taxation
  8        Department of self-governing agencies
  9        Department of water resources
 10        State board of education
 11        The public school districts of Idaho, having condemnation authority, shall
 12    be considered civil departments of state government for  the  purpose  of  and
 13    limited to the purchase of state endowment land at appraised prices.
 14        (2)  The governor, lieutenant governor, secretary of state, state control-
 15    ler,  state  treasurer, attorney general and superintendent of public instruc-
 16    tion each heads a constitutional office.
 17        (3)  For its internal structure, unless specifically  provided  otherwise,
 18    each department shall adhere to the following standard terms:
 19        (a)  The principal unit of a department is a division. Each division shall
 20        be  headed by an administrator. The administrator of any division shall be
 21        exempt from the provisions  of  chapter  53,  title  67  sections  67-3532
 22        through 67-3561, Idaho Code.
 23        (b)  The  principal  unit  of a division is a bureau. Each bureau shall be
 24        headed by a chief.
 25        (c)  The principal unit of a bureau is a section. Each  section  shall  be
 26        headed by a supervisor.
                                                                        
 27        SECTION  62.  That Section 67-2403, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        67-2403.  HEADS OF DEPARTMENTS. (1) Each department,  unless  specifically
 30    provided  otherwise, shall have an officer as its executive and administrative
 31    head who shall be known as a director. The director of each department  shall,
 32    subject  to the provisions of law, execute the powers and discharge the duties
 33    vested by law in his department.
 34        (2)  The director of the department may appoint  a  deputy  director.  The
 35    deputy director of the department shall be exempt from the provisions of chap-
 36    ter 53, title 67 sections 67-3532 through 67-3561, Idaho Code.
                                                                        
 37        SECTION  63.  That Section 67-2504, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        67-2504.  EMPLOYEES. Subject to the provisions of  chapter  53,  title  67
 40    sections 67-3532 through 67-3561, Idaho Code, unless otherwise provided for by
 41    law,  each  department is empowered to employ necessary employees, and, if the
 42    rate of compensation is not otherwise fixed by law, to fix their compensation.
                                                                        
 43        SECTION 64.  That Section 67-2601, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        67-2601.  DEPARTMENT  CREATED  --  ORGANIZATION  --  DIRECTOR -- BUREAU OF
 46    OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the  department  of
 47    self-governing agencies. The department shall, for the purposes of section 20,
 48    article  IV of the constitution of the state of Idaho, be an executive depart-
 49    ment of the state government.
                                                                        
                                       85
                                                                        
  1        (2)  The department shall consist of the following:
  2        (a)  Agricultural commodity commissions: Idaho apple commission,  as  pro-
  3        vided  by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
  4        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
  5        by chapter 29, title 25, Idaho Code; Idaho cherry commission, as  provided
  6        by  chapter  37, title 22, Idaho Code; Idaho dairy products commission, as
  7        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
  8        sion, as provided by chapter 35, title 22, Idaho Code; Idaho  potato  com-
  9        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 10        mission,  as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
 11        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
 12        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
 13        (b)  Professional and occupational licensing boards: Idaho state board  of
 14        certified  public  accountancy,  as provided by chapter 2, title 54, Idaho
 15        Code; board of acupuncture, as provided by chapter  47,  title  54,  Idaho
 16        Code;  board  of  architectural examiners, as provided by chapter 3, title
 17        54, Idaho Code; office of the state  athletic  director,  as  provided  by
 18        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 19        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 20        bar,  as provided by chapter 4, title 3, Idaho Code; board of chiropractic
 21        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 22        cosmetology, as provided by chapter 8, title 54, Idaho Code;  Idaho  coun-
 23        selor  licensing  board,  as provided by chapter 34, title 54, Idaho Code;
 24        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 25        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 26        Code; state board of engineering examiners, as  provided  by  chapter  12,
 27        title  54, Idaho Code; state board for registration of professional geolo-
 28        gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
 29        services licensure board, as provided by chapter 29, title 54, Idaho Code;
 30        Idaho physical therapy licensure board, as provided by chapter  22,  title
 31        54,  Idaho Code; Idaho state board of landscape architects, as provided by
 32        chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
 33        provided by chapter 53, title 54, Idaho Code; state board of medicine,  as
 34        provided  by  chapter 18, title 54, Idaho Code; state board of morticians,
 35        as provided by chapter 11, title 54, Idaho  Code;  board  of  naturopathic
 36        medical  examiners, as provided by chapter 51, title 54, Idaho Code; board
 37        of nurses, as provided by chapter 14, title 54, Idaho Code; board of exam-
 38        iners of nursing home administrators, as provided by chapter 16, title 54,
 39        Idaho Code; state board of optometry, as provided by chapter 15, title 54,
 40        Idaho Code; Idaho outfitters and guides board, as provided by chapter  21,
 41        title  36, Idaho Code; board of pharmacy, as provided by chapter 17, title
 42        54, Idaho Code; state board of podiatry, as provided by chapter  6,  title
 43        54,  Idaho  Code; Idaho state board of psychologist examiners, as provided
 44        by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
 45        vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
 46        provided by chapter 41, title 54, Idaho Code; board of social work examin-
 47        ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
 48        nary medicine, as provided by chapter 21, title 54, Idaho Code; the  board
 49        of  examiners  of residential care facility administrators, as provided by
 50        chapter 42, title 54, Idaho Code; and the  board  of  drinking  water  and
 51        wastewater professionals, as provided by chapter 24, title 54, Idaho Code.
 52        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 53        (d)  The division of building safety, to be headed by a division  adminis-
 54        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 55        public  works contractor licensing, and logging and industrial safety. The
                                                                        
                                       86
                                                                        
  1        division administrator, deputy administrators and bureau chiefs  shall  be
  2        nonclassified employees exempt from the provisions of chapter 53, title 67
  3        sections 67-3532 through 67-3561, Idaho Code.
  4             (i)   The  administrator  of the division shall administer the provi-
  5             sions of chapter 40, title 39, Idaho Code, relating  to  manufactured
  6             homes;  chapter  41, title 39, Idaho Code, relating to modular build-
  7             ings; chapter 21, title 44, Idaho Code, relating to manufactured home
  8             dealer and installer licensing; chapter 22,  title  44,  Idaho  Code,
  9             relating  to  manufactured  home  installation; chapter 25, title 44,
 10             Idaho Code, relating to mobile home rehabilitation; chapter 10, title
 11             54, Idaho Code, relating to electrical  contractors  and  journeymen;
 12             chapter  19,  title  54,  Idaho Code, relating to licensing of public
 13             works contractors; chapter 26, title  54,  Idaho  Code,  relating  to
 14             plumbing  and plumbers; chapter 19, title 54, Idaho Code, relating to
 15             public works contractor licensing; chapter 50, title 54, Idaho  Code,
 16             relating  to  heating,  ventilation and air conditioning systems; and
 17             shall perform such additional duties as are imposed upon him by law.
 18             (ii)  The division administrator shall cooperate with the  industrial
 19             commission and aid and assist the commission in its administration of
 20             sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of
 21             the commission shall make inspection of appliances, tools, equipment,
 22             machinery,  practices or conditions, and make a written report to the
 23             commission. The administrator shall make recommendations to the  com-
 24             mission  to  aid  the  commission  in  its administration of sections
 25             72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
 26             herein shall be construed as transferring to the administrator any of
 27             the authority or powers now vested in the industrial commission.
 28        (e)  The division of veterans services to be headed by a division adminis-
 29        trator who shall be a nonclassified employee exempt from the provisions of
 30        chapter 53, title 67 sections 67-3532 through  67-3561,  Idaho  Code.  The
 31        administrator  of  the division shall administer the provisions of chapter
 32        2, title 65, Idaho Code, and chapter 9, title 66,  Idaho  Code,  with  the
 33        advice  of  the  veterans  affairs commission established under chapter 2,
 34        title 65, Idaho Code, and shall perform  such  additional  duties  as  are
 35        imposed upon him by law.
 36        (3)  The  bureau  of  occupational  licenses  is hereby created within the
 37    department of self-governing agencies.
                                                                        
 38        SECTION 65.  That Section 67-2901, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        67-2901.  IDAHO  STATE  POLICE  CREATED -- DIRECTOR -- DIVISIONS -- POWERS
 41    AND DUTIES -- FAILURE OF PEACE OFFICERS TO OBEY ORDERS, MISDEMEANOR  --  DEPU-
 42    TIES  --  COMPENSATION AND POWERS. (1) There is hereby created the Idaho state
 43    police. The Idaho state police shall, for the purposes of section 20,  article
 44    IV,  of  the constitution of the state of Idaho, be an executive department of
 45    the state government.
 46        (2)  The governor, with the  advice  and  consent  of  the  senate,  shall
 47    appoint  a  director of the Idaho state police who shall serve at the pleasure
 48    of the governor. The director shall receive such salary as fixed by the gover-
 49    nor.
 50        (3)  The Idaho state police shall be composed of such divisions as may  be
 51    established by law and other administrative units as may be established by the
 52    director  for the proper and efficient administration of the powers and duties
 53    assigned to the director or the state police. The director shall appoint, sub-
                                                                        
                                       87
                                                                        
  1    ject to the approval of the  governor,  an  administrator  for  each  division
  2    within the state police.
  3        (4)  The director shall exercise all of the powers and duties necessary to
  4    carry  out  the  proper  administration  of the state police, and may delegate
  5    duties to employees and officers of the state police.
  6        (5)  The Idaho state police shall have power to:
  7        (a)  Enforce all of the penal and regulatory laws of the  state,  to  pre-
  8        serve  order, and exercise any and all powers, duties and authority of any
  9        sheriff or other peace officer anywhere in the state of Idaho, in the same
 10        manner and with like authority as  the  sheriffs  of  the  counties;  said
 11        department  may  employ  from time to time, to carry out any of the provi-
 12        sions of this subdivision subsection, such deputies or special deputies as
 13        may be deemed, by the governor of the state of Idaho, necessary  to  carry
 14        out  these  duties  and  powers, and deputies shall have power to deputize
 15        other persons as deputies when necessary; said department  may  call  into
 16        the  police  service of the state any and all peace officers of the state,
 17        of any city, or of any county, and may  deputize  private  citizens,  when
 18        deemed  necessary  by  the  governor  of  the state, to preserve order and
 19        enforce law in any extraordinary emergency when the  governor  shall  have
 20        declared,  by  order in writing, the existence of such extraordinary emer-
 21        gency; the governor shall designate by order such peace officers  or  pri-
 22        vate  persons  as are to be called into the service of the state, and when
 23        such peace officers or deputized citizens are so called  into  the  police
 24        service  of  the  state such officers shall act under the direction of the
 25        director of the state police in such manner as may be directed and ordered
 26        by the governor; failure on the part of any  such  peace  officer  of  the
 27        state,  or  person so deputized, to so act and obey such orders shall con-
 28        stitute a misdemeanor; the governor shall fix  the  compensation  of  such
 29        deputies.
 30        (b)  Prevent and detect crime and apprehend criminals and maintain order;
 31        (c)  Require  all  persons  using the highways in the state to do so care-
 32        fully, safely, and with the exercise of care for the persons, property and
 33        safety of others;
 34        (d)  Safeguard and protect the surface and other physical portions of  the
 35        state highways and enforce any laws for highway safety;
 36        (e)  Enforce  federal  statutes  and regulations relating to motor carrier
 37        safety and hazardous materials for interstate carriers;
 38        (f)  Enforce Idaho statutes and rules of the Idaho state police applicable
 39        to motor carriers;
 40        (g)  Enforce all of the laws of the state enacted for the  identification,
 41        inspection  and  transportation  of  livestock  and  all laws of the state
 42        designed to prevent the theft of livestock;
 43        (h)  Regulate traffic on all highways and roads in the state;
 44        (i)  Perform all of the duties and exercise all of  the  powers  of  peace
 45        officers vested in the director of the Idaho state police;
 46        (j)  Execute  and  serve any warrant of arrest or search warrant issued by
 47        proper authority of the state, according to the tenor thereof, in any part
 48        of the state;
 49        (k)  Arrest without warrant, any person committing or attempting to commit
 50        in their presence or view a breach of the peace or any other violation  of
 51        any of the laws of the state;
 52        (l)  Members of the Idaho state police shall be subject to the call of the
 53        governor  and  are  empowered  to  cooperate  with any other department or
 54        authority of the state, with counties and municipalities, or any  locality
 55        in  detecting  crime,  apprehending criminals and preserving law and order
                                                                        
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  1        throughout the state; but the Idaho state police shall not be  used  as  a
  2        posse  in  any municipality, except when ordered by the governor to do so;
  3        provided nothing herein contained shall be construed to vest direction  or
  4        control  over  any  sheriff,  policeman, marshal or constable in the Idaho
  5        state police or any employer or officer thereof;
  6        (m)  Each member of the Idaho state police shall take and subscribe to  an
  7        oath  of  office to support the constitution and laws of the United States
  8        and the state of Idaho, and to honestly and faithfully perform the  duties
  9        imposed  upon him under the provisions of the laws of Idaho as a member of
 10        the Idaho state police. The oath shall be filed with the director.
 11        (6)  The director shall operate and supervise a forensic laboratory  which
 12    will provide to state and local agencies having responsibility for enforcement
 13    of the penal laws of this state assistance in the collection, preservation and
 14    analysis of evidence in criminal cases.
 15        (7)  The  director  shall provide security and protection for the governor
 16    and the governor's immediate family to the extent and in the manner the gover-
 17    nor and the director deem adequate and appropriate.
 18        (8)  The director shall provide security and protection for both houses of
 19    the legislature while in session as in the opinion of the speaker of the house
 20    and the president of the senate and the director deem necessary.
 21        (9)  The director may award to an officer, upon retirement, that officer's
 22    badge, duty weapon and handcuffs, providing that a committee of three  (3)  of
 23    the  officer's  peers  certifies to the director that the retiring officer has
 24    served meritoriously for a minimum of fifteen (15) years and should  therefore
 25    be so honored.
 26        (10) The  director,  within the limits of any appropriation made available
 27    for such purposes, shall for such Idaho state police:
 28        (a)  Establish such ranks, grades and positions as shall appear  advisable
 29        and  designate  the  authority and responsibility in each such rank, grade
 30        and position;
 31        (b)  Appoint such personnel to such rank, grade and position as are deemed
 32        by him to be necessary for the efficient operation and  administration  of
 33        the  Idaho  state  police, and only those applicants shall be appointed or
 34        promoted who best meet the prescribed standards  and  prerequisites;  pro-
 35        vided however, that all employees shall be selected in the manner provided
 36        for  in chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code,
 37        and shall be probationers and on probation for a period of  one  (1)  year
 38        from the date of appointment;
 39        (c)  Formulate  and  place in effect such rules for the Idaho state police
 40        as from time to time appear to him advisable;
 41        (d)  Prescribe by official order the uniform and equipment of the  employ-
 42        ees in the Idaho state police;
 43        (e)  Station  employees  in such localities as he shall deem advisable for
 44        the enforcement of the laws of the state;
 45        (f)  Have purchased, or otherwise acquired, by the purchasing agent of the
 46        state, motor vehicle equipment and all  other  equipment  and  commodities
 47        deemed by him essential for the efficient performance of the duties of the
 48        Idaho  state  police  and purchase and install approved mechanical devices
 49        and equipment for the rapid transmission and broadcasting  of  information
 50        relative to crime, apprehension of criminals and the administration of the
 51        business of the Idaho state police.
 52        (11)  (a) The director shall issue to every eligible police officer member
 53        of  the  Idaho state police, as defined in section 59-1303(3), Idaho Code,
 54        and pursuant to the contract provided for by the personnel group insurance
 55        administrator in the department  of  administration,  a  term  group  life
                                                                        
                                       89
                                                                        
  1        insurance  certificate  in  the  face  amount  of  fifty  thousand dollars
  2        ($50,000) on the life of such members. Said  insurance  certificate  shall
  3        set  forth  the  name or names of such beneficiary or beneficiaries as the
  4        insured may name or designate.
  5        (b)  Any eligible person entering the employ of the Idaho state police  as
  6        an  active  police  officer  after the effective date of this act shall be
  7        insured as other members of the state police immediately upon  taking  the
  8        oath of office.
  9        (c)  Every  member  of  the Idaho state police, upon termination of active
 10        duty or permanent release, may surrender said certificate to the  head  of
 11        the state police, or, at the person's option, may convert the insurance in
 12        accordance  with  the  provisions of the contract, and no further premiums
 13        shall be paid on said policy by the state of Idaho.
 14        (d)  The director is hereby directed to hereafter include in the budget of
 15        the Idaho state police an amount sufficient to pay the annual costs accru-
 16        ing with respect to policies of insurance purchased under  the  provisions
 17        of this chapter.
 18        (e)  The premiums on the insurance herein provided for are to be paid one-
 19        half  (1/2)  by the employee and one-half (1/2) by the state. The director
 20        is hereby authorized to make a monthly deduction on  the  payroll  of  the
 21        amount due from each employee under this chapter.
 22        (12)  Nothing  in  this  section shall affect the duties of the sheriff as
 23    described in section 31-2202, Idaho Code, or the primary  duty,  described  in
 24    section  31-2227,  Idaho Code, of the sheriff and prosecuting attorney of each
 25    of the several counties to enforce all the penal provisions  of  any  and  all
 26    statutes of this state.
                                                                        
 27        SECTION  66.  That Section 67-3511, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        67-3511.  TRANSFER OF LEGISLATIVE APPROPRIATIONS.  (1)  No  appropriations
 30    made  by  the  Idaho  legislature  may  be transferred from one object code to
 31    another except with the consent of the state board of examiners upon  applica-
 32    tion  duly  made  by  the head of any department, office or institution of the
 33    state (including the elected officers in  the  executive  department  and  the
 34    state  board of education). No appropriation made for expenses other than per-
 35    sonnel costs shall be expended for personnel costs of the  particular  depart-
 36    ment,  office  or  institution for which it is appropriated, provided however,
 37    that  employee  suggestion  awards  made  pursuant  to  sections  59-1603  and
 38    67-5309D3544, Idaho Code, may be made from the object code in which  the  sav-
 39    ings were realized.
 40        (2)  Legislative  appropriations  may  be  transferred from one program to
 41    another within an agency upon application duly made by the head of any depart-
 42    ment, office or institution of the state and approval of  the  application  by
 43    the  administrator  of  the  division of financial management and the board of
 44    examiners provided the requested transfer is not more than ten  percent  (10%)
 45    cumulative change from the appropriated amount for any program affected by the
 46    transfer.  Requests  for  transfers  above ten percent (10%) cumulative change
 47    must, in addition to the above, be approved by legislative appropriation. Leg-
 48    islative appropriations shall not be transferred from one fund to another fund
 49    unless expressly approved by the legislature.
 50        (3)  All moneys appropriated to any agency of the state of Idaho  for  the
 51    purpose of capital outlay shall be used for that purpose and not for any other
 52    purpose.
 53        (4)  The  joint  finance-appropriations  committee may limit the amount of
                                                                        
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  1    legislative appropriations for personnel costs which  can  be  transferred  to
  2    other object codes.
                                                                        
  3        SECTION  67.  That Section 67-3519, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        67-3519.  EMPLOYEE POSITIONS -- PROCEDURE FOR FILLING. (1) In addition  to
  6    any  powers,  duties, functions and responsibilities of the division of finan-
  7    cial management expressed elsewhere in this code, the division shall establish
  8    a list of employee positions for which funds are available from  the  spending
  9    authority  of  appropriated  funds to each appointing authority. A position is
 10    defined as a specific job normally held by one (1) employee. This  list  shall
 11    contain  the  title  of  each  position  and the pay grade of the position. No
 12    appointing authority, except those in the  legislative  and  judicial  depart-
 13    ments,  shall  fill a new position without first obtaining the approval of the
 14    division and then obtaining proper classification from the  personnel  commis-
 15    sion  bureau  of  human  resources for positions in the classified service. No
 16    appointing authority, except those in the  legislative  and  judicial  depart-
 17    ments,  may  increase  the  pay grade of a position by reclassification or any
 18    other means without the approval of the personnel commission bureau  of  human
 19    resources  for  pay  grade  level and without the approval of the division for
 20    sufficiency of spending authority of the appointing authority to meet the pro-
 21    posed change. Appointing authorities in preparation of budget  requests  shall
 22    include  exact position control numbers in justification of salaries and other
 23    compensation and must assign position control numbers to  proposed  new  posi-
 24    tions  prior  to budget submission. A list of additions, deletions and changes
 25    during the first six (6) months of the current fiscal year and projections for
 26    the second six (6) months of the current fiscal year of the positions so  con-
 27    trolled  shall  be  furnished  by the department to the legislature and to the
 28    governor on January 1. Any authority vested in  any  appointing  authority  or
 29    agency, commission, department, board, office or institution is limited by the
 30    provisions of this section.
 31        (2)  Positions  which  have  been  authorized by the division of financial
 32    management, but which have not been filled by the appointing authority  within
 33    twelve (12) months of such authorization, shall be declared null and void, and
 34    shall  not be filled except upon a new authorization by the division of finan-
 35    cial management.
                                                                        
 36        SECTION 68.  That Section 67-4126, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:
                                                                        
 38        67-4126.  POWERS AND DUTIES OF BOARD. The board of trustees of the society
 39    shall have powers and duties as follows:
 40        1.  To appoint a director of the society as provided herein and advise him
 41    in  the performance of his duties and formulate general policies affecting the
 42    society.
 43        2.  To encourage and promote interest in the history of Idaho and  encour-
 44    age membership in the society.
 45        3.  To  collect  for  preservation  and  display artifacts and information
 46    illustrative of Idaho history, culture and society.
 47        4.  To print such publications and reports as may be deemed necessary.
 48        5.  To encourage creation of county historical societies  and  museums  in
 49    the counties of Idaho.
 50        6.  To facilitate the use of Idaho records for official reference and his-
 51    torical research.
                                                                        
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  1        7.  To accept from any state, county, or city, or any public official, any
  2    official  books, records, documents, original papers, newspaper files, printed
  3    books, or portraits, not in current use. When such documents are so  accepted,
  4    copies  therefrom  shall  be  made and certified under the seal of the society
  5    upon application of any person, which person shall pay for such copies reason-
  6    able fees established by the society.
  7        8.  To require that any state, county, or city, or  any  public  official,
  8    deposit official books, records, documents, or original papers, not in current
  9    use, which are of definite historical importance, in the society for preserva-
 10    tion  and  to  provide  methods whereby such materials, which have no signifi-
 11    cance, may be destroyed.
 12        9.  To establish such rules as may be necessary to discharge the duties of
 13    the society.
 14        10. To employ such personnel as may be necessary for the administration of
 15    its duties in accordance with the rules of the administrator of  the  division
 16    bureau  chief of the bureau of human resources promulgated pursuant to chapter
 17    52, title 67, Idaho Code.
 18        11. To have and use an official seal.
 19        12. To delegate and provide subdelegation of any such authority.
 20        13. To identify  historic,  architectural,  archaeological,  and  cultural
 21    sites, buildings, or districts, and to coordinate activities of local historic
 22    preservation commissions.
 23        14. To serve as the geographic names board of the state of Idaho.
                                                                        
 24        SECTION  69.  That Section 67-4402, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        67-4402.  POWERS AND DUTIES  OF  FOUNDATION.  The  foundation  shall  have
 27    powers and duties as follows:
 28        (1)  To take charge of all personal property and the lands and property of
 29    the  state  of  Idaho situated within and near the village of Lava Hot Springs
 30    and hereinafter more fully described and to have  a  general  supervision  and
 31    control of all buildings, improvements, and property appertaining thereto.
 32        (2)  To  lease  any  real  or  personal property not used or needed by the
 33    foundation for a period not exceeding ninety-nine (99) years, to any  individ-
 34    ual  or company, subject to approval by the board of examiners of the state of
 35    Idaho. Any lease entered into pursuant to this section shall  be  exempt  from
 36    limitation as to term of lease as set forth in section 58-307, Idaho Code.
 37        (3)  To  enter  into contracts with federal, state, and local governmental
 38    agencies for flood control projects  and  measures,  for  multiple  use  water
 39    resource  development, and for any other project or measure incidental or con-
 40    ducive to the attainment of the purposes of the foundation.
 41        (4)  To exercise such powers as are incidental or conducive to the attain-
 42    ment of the purposes of the foundation, including the power  to  contract  and
 43    the power to sue and be sued.
 44        (5)  To  promulgate such rules as may be necessary to discharge the duties
 45    of the foundation.
 46        (6)  To employ such personnel as may be necessary for  the  administration
 47    of  its  duties in accordance with the rules of the administrator of the divi-
 48    sion bureau chief of the bureau of human  resources  promulgated  pursuant  to
 49    chapter 52, title 67, Idaho Code.
 50        (7)  To appoint an executive director of the foundation as provided herein
 51    and to advise him in the performance of his duties and his formulation of gen-
 52    eral policies affecting the foundation.
 53        (8)  To  encourage and promote interest in the Lava Hot Springs properties
                                                                        
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  1    and in the foundation.
  2        (9)  To hold an annual meeting during the month of January  in  each  year
  3    and,  in  addition  thereto,  at such other times as the said members may pre-
  4    scribe.
  5        (10) To have and use an official seal.
                                                                        
  6        SECTION 70.  That Section 67-4702, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        67-4702.  AUTHORITY  AND  DUTIES  OF THE DIRECTOR. (1) The director of the
  9    department of commerce and labor, hereafter the director, shall administer the
 10    provisions of this chapter, the employment security law, chapter 13, title 72,
 11    Idaho Code, the minimum wage law, chapter 15, title 44, Idaho Code, the provi-
 12    sions of chapter 6, title 45, Idaho Code, relating to claims  for  wages,  the
 13    provisions  of  section  44-1812,  Idaho Code, relating to minimum medical and
 14    health standards for paid firefighters,  and  to  perform  such  other  duties
 15    relating  to  commerce, labor and workforce development as may be imposed upon
 16    him by law. The director shall be the successor in law to the  office  enumer-
 17    ated  in  section  1, article XIII, of the constitution of the state of Idaho.
 18    The director shall have the authority to  employ  individuals,  make  expendi-
 19    tures,  require  reports,  make  investigations, perform travel and take other
 20    actions deemed necessary. The director shall  organize  the  department  which
 21    shall,  for the purposes of section 20, article IV, of the constitution of the
 22    state of Idaho, be an executive department of the state government. The direc-
 23    tor shall have an official seal which shall be judicially noticed.
 24        (2)  The director shall have the authority pursuant to chapter  52,  title
 25    67,  Idaho  Code,  to adopt, amend, or rescind rules as he deems necessary for
 26    the proper performance of all duties imposed upon him by law.
 27        (3)  Subject to the provisions of chapter 53, title  67  sections  67-3532
 28    through  67-3561,  Idaho Code, the director is authorized and directed to pro-
 29    vide for a merit system for the department covering all  persons,  except  the
 30    director,  two (2) deputy directors, the division administrators, and five (5)
 31    exempt positions to serve at the pleasure of the director.
 32        (4)  The director shall make recommendations for amendments to the employ-
 33    ment security law and other laws he  is  charged  to  implement  as  he  deems
 34    proper.
 35        (5)  The director shall have all the powers and duties as may have been or
 36    could  have been exercised by his predecessors in law and he shall be the suc-
 37    cessor in law to all contractual obligations entered into by his  predecessors
 38    in law.
                                                                        
 39        SECTION  71.  That Section 67-5009, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        67-5009.  OFFICE OF OMBUDSMAN FOR THE ELDERLY. The office of ombudsman for
 42    the elderly is hereby created within the commission. The  ombudsman  shall  be
 43    responsible  for  receiving, investigating and resolving or closing complaints
 44    made by or on behalf of residents of long-term care facilities or persons aged
 45    sixty (60) years or older living in the community. No  representative  of  the
 46    office  shall be liable for the good faith performance of official duties, and
 47    willful interference with representatives of the office is unlawful. Long-term
 48    care facilities are prohibited from reprisals or retaliation against  a  resi-
 49    dent  or  employee  filing a complaint with, or furnishing information to, the
 50    office.
 51        For the purposes of implementing the provisions of this section, the  com-
                                                                        
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  1    mission is hereby authorized as follows:
  2        The administrator shall hire the state ombudsman for the elderly who shall
  3    be  a  person  with the necessary educational background commensurate with the
  4    duties and responsibilities of the office of ombudsman and shall be a  classi-
  5    fied  employee  subject  to  the  provisions  of chapter 53, title 67 sections
  6    67-3532 through 67-3561, Idaho Code.
  7        The ombudsman may delegate to designated local ombudsmen any duties deemed
  8    necessary to carry out the purposes of the provisions of this section.
  9        The ombudsman shall establish procedures for receiving and processing com-
 10    plaints, conducting investigations and reporting his findings. He  shall  have
 11    jurisdiction to investigate administrative acts or omissions of long-term care
 12    facilities  or  state  or county departments or agencies providing services to
 13    older people. An administrative act of a long-term care facility or  state  or
 14    county  department or agency may become an appropriate subject for the ombuds-
 15    man to investigate under certain circumstances. For example, the ombudsman may
 16    investigate such an act if it might be contrary to law, unreasonable,  unfair,
 17    oppressive, capricious or discriminatory. The ombudsman may make a finding for
 18    an appropriate resolution to the subject matter of the investigation.
 19        The ombudsman shall investigate any complaint which he determines to be an
 20    appropriate subject for investigation under this section.
 21        When the ombudsman investigates a complaint, he shall notify the complain-
 22    ant,  if  any,  of  the investigation and shall also notify the long-term care
 23    facility or the state or county department or agency affected by the  investi-
 24    gation of his intent to investigate. However, if no investigation takes place,
 25    he  shall  inform the complainant of the reasons therefor. Records obtained by
 26    the ombudsman shall be subject to disclosure according to chapter 3, title  9,
 27    Idaho Code.
 28        In  an  investigation  of any complaint or administrative act of any long-
 29    term care facility or state or county department or agency providing  services
 30    to  older  people,  the ombudsman may undertake, but not be limited to, any of
 31    the following actions:
 32        (a)  Make the necessary inquiries and obtain  such  information  he  deems
 33    necessary.
 34        (b)  Hold private hearings.
 35        (c)  Enter  during  regular  business  hours, a long-term care facility or
 36    state or county department or agency's premises.
 37        Following the investigation and upon his determination that  a  particular
 38    subject  matter should be further considered by the long-term care facility or
 39    state or county department or agency, an administrative act should be modified
 40    or canceled, a statute or regulation on which an administrative act  is  based
 41    should  be altered, reasons should be given for an administrative act, or some
 42    other action should be taken by a long-term care facility or state  or  county
 43    department  or agency, he shall report his opinions and recommendations to the
 44    respective parties. The ombudsman may request the  parties  affected  by  such
 45    opinions  or  recommendations  to  notify him within the specified time of any
 46    action taken by such parties on his recommendation.  Following  an  investiga-
 47    tion,  the  ombudsman shall consult with the particular parties before issuing
 48    any opinion or recommendation that is critical to such parties.
 49        The ombudsman shall notify the complainant in writing within a  reasonable
 50    time from the date the investigation is terminated of any actions taken by him
 51    and  the  long-term  care facility, or state or county department or agency to
 52    resolve any issues raised by the complaint.
 53        The ombudsman, on December 1 of each year, shall submit to  the  governor,
 54    the  speaker  of  the  house  of representatives, president of the senate, the
 55    department of health and welfare bureau of licensing  and  certification,  the
                                                                        
                                       94
                                                                        
  1    president  of  the  Idaho  hospital association and the president of the Idaho
  2    health care association a report of the activities of the  ombudsman  for  the
  3    elderly  during  the  prior fiscal year. This report shall include, but not be
  4    limited to, the number and general patterns  of  complaints  received  by  the
  5    ombudsman,  the  action  taken on such complaints, the results of such action,
  6    and any opinions or recommendations which further the  state's  capability  in
  7    providing for statutory resolution of complaints.
  8        Nothing  in  this  section  shall  be  construed to be a limitation of the
  9    powers and responsibilities assigned by law to other state or  county  depart-
 10    ments or agencies.
 11        Records obtained by the ombudsman shall be subject to disclosure according
 12    to chapter 3, title 9, Idaho Code.
                                                                        
 13        SECTION  72.  That Section 67-5202, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        67-5202.  OFFICE OF ADMINISTRATIVE  RULES  COORDINATOR.  There  is  hereby
 16    established the office of administrative rules coordinator in the   department
 17    of administration. The coordinator shall be a nonclassified employee and shall
 18    be appointed by and serve at the pleasure of the director of the department of
 19    administration.  All  other  employees  of  the office of administrative rules
 20    employed on July 1, 1996, shall be classified employees, but upon their termi-
 21    nation their positions and any positions vacant upon July 1,  1996,  shall  be
 22    nonclassified  positions  and  any  persons  employed to fill positions in the
 23    office of administrative rules thereafter shall be exempt from the  provisions
 24    of  chapter  53,  title  67 sections 67-3532 through 67-3561, Idaho Code.  The
 25    coordinator shall receive all notices and rules required in this chapter to be
 26    published in the bulletin or the administrative code.  The  coordinator  shall
 27    prescribe a uniform style, form, and numbering system which shall apply to all
 28    rules  adopted  by  all  agencies.  The coordinator shall review all submitted
 29    rules for style, form, and numbering, and may return a rule  that  is  not  in
 30    proper style, form, or number.
                                                                        
 31        SECTION  73.  That Section 67-5409, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        67-5409.  QUALIFICATIONS FOR THE ADMINISTRATOR AND  OTHER  EMPLOYEES.  The
 34    administrator of the commission shall be experienced in work for the blind and
 35    preference  shall  be  given to equally qualified blind persons in filling the
 36    position of administrator of the commission.
 37        The administrator shall, subject to the provisions of chapter 53, title 67
 38    sections 67-3532 through 67-3561, Idaho Code, employ and fix the  compensation
 39    of  all other employees of the commission who shall be directly responsible to
 40    the administrator of the commission.
 41        Professional employees shall consist of persons skilled in assisting blind
 42    persons to achieve social and economic independence.
                                                                        
 43        SECTION 74.  That Section 67-5774, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        67-5774.  POSITION OF RISK MANAGER CREATED -- APPOINTMENT -- EMPLOYMENT OF
 46    PERSONNEL.  There  is  hereby  created  the  position  of  risk manager in the
 47    department of administration. The risk manager shall be selected and  retained
 48    subject  to  the  provisions  of chapter 53, title 67 sections 67-3532 through
 49    67-3561, Idaho Code. The risk manager may, with the agreement of the director,
                                                                        
                                       95
                                                                        
  1    employ and fix the compensation of such additional personnel, and contract for
  2    such professional or technical services or assistance, as the manager may deem
  3    necessary or desirable for the performance of the duties of the position.
                                                                        
  4        SECTION 75.  That Section 67-5904, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        67-5904.  ORGANIZATION  OF COMMISSION -- COMPENSATION OF MEMBERS. The com-
  7    mission shall annually select a president and vice  president.  Members  shall
  8    each  be compensated as provided by section 59-509(h), Idaho Code. The commis-
  9    sion may appoint a staff director to serve at its pleasure. Other  subordinate
 10    staff necessary to accomplish the commission's mission shall be subject to the
 11    provisions  of  chapter  53,  title 67 sections 67-3532 through 67-3561, Idaho
 12    Code.
                                                                        
 13        SECTION 76.  That Section 67-6707, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        67-6707.  ORGANIZATION  OF  COUNCIL  -- EMPLOYMENT OF NECESSARY PERSONNEL.
 16    (1) The governor shall, after consultation with the council members, appoint a
 17    chair from among the council membership who shall serve for  a  one  (1)  year
 18    term, but at the pleasure of the governor.
 19        (2)  The  council  shall adopt and amend bylaws governing its proceedings,
 20    activities and organization, including, but not  limited  to,  provisions  for
 21    election  of officers other than the chair; provision for a quorum, procedure,
 22    frequency and location of meetings; and establishment, functions  and  member-
 23    ship of council committees.
 24        (3)  The  council shall employ and fix the compensation, subject to provi-
 25    sions of chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code, of
 26    such personnel as may be necessary, including, but not limited to, a full-time
 27    administrator, who shall be designated as the executive director of the  coun-
 28    cil  and who shall be exempt under the provisions of chapter 53, title 67 sec-
 29    tions 67-3532 through 67-3561, Idaho Code.
                                                                        
 30        SECTION 77.  That Section 67-7306, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        67-7306.  ORGANIZATION  OF  COUNCIL  -- EMPLOYMENT OF NECESSARY PERSONNEL.
 33    (1) The council members shall elect a chairman from among the council  member-
 34    ship who shall serve for a one (1) year term.
 35        (2)  The  council  shall adopt and amend bylaws governing its proceedings,
 36    activities and organization including, but  not  limited  to,  provisions  for
 37    election  of  officers other than the chairman; provision for a quorum, proce-
 38    dure, frequency and location of meetings;  and  establishment,  functions  and
 39    membership of council committees.
 40        (3)  The  council shall employ and fix the compensation, subject to provi-
 41    sions of chapter 53, title 67 sections 67-3532 through 67-3561, Idaho Code, of
 42    such personnel as may be necessary including, but not limited to, a  full-time
 43    administrator,  who shall be designated as the executive director of the coun-
 44    cil and who shall be exempt under the provisions of chapter 53, title 67  sec-
 45    tions 67-3532 through 67-3561, Idaho Code.
                                                                        
 46        SECTION  78.  That Section 67-7409, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
                                       96
                                                                        
  1        67-7409.  POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon-
  2    sible for the daily operations of the lottery, and shall  have  the  following
  3    duties, powers and responsibilities in addition to others herein granted:
  4        (1)  The director shall:
  5        (a)  Operate  and administer the lottery in accordance with the provisions
  6        of this chapter and the policies and rules of the lottery;
  7        (b)  Appoint deputy directors, sales personnel  and  security  staff,  who
  8        shall  be  exempt  from  the  provisions  of chapter 53, title 67 sections
  9        67-3532 through 67-3561, Idaho Code, as may be required to carry  out  the
 10        functions and duties of his office; and
 11        (c)  Hire  professional, technical and other employees as may be necessary
 12        to perform the duties of his office subject to the provisions  of  chapter
 13        53, title 67 sections 67-3532 through 67-3561, Idaho Code.
 14        (2)  The director shall:
 15        (a)  Confer regularly with the commission on the operation and administra-
 16        tion of the lottery;
 17        (b)  Make  available  for  inspection  by  the commission, on request, all
 18        books, records, files, and other information and documents of the lottery;
 19        and
 20        (c)  Advise the commission and make such recommendations as  the  director
 21        considers necessary and advisable to improve the operation and administra-
 22        tion of the lottery.
 23        (3)  The  director  may  enter  into contracts for marketing, advertising,
 24    promotion, research and studies for the lottery and for products and  services
 25    for  effectuating  the  purposes of this chapter, however, contracts for major
 26    procurements must be approved by the commission. The director  may  not  enter
 27    into contracts for the administration of the lottery.
 28        (4)  The director shall:
 29        (a)  Submit  quarterly  financial statements to the commission, the gover-
 30        nor, the state treasurer, and the legislature. Such  financial  statements
 31        shall be prepared in accordance with generally accepted accounting princi-
 32        ples  and  shall  include  a  balance sheet,  a statement of operations, a
 33        statement of changes in financial position, and  related  footnotes.  Such
 34        financial statements are to be provided within forty-five (45) days of the
 35        last day of each quarter;
 36        (b)  Submit  annual  financial statements to the commission, the governor,
 37        the state treasurer, and each member of the  legislature.  Such  financial
 38        statements  shall  be  prepared  in  accordance  with  generally  accepted
 39        accounting  principles  and  shall include a balance sheet, a statement of
 40        operations, a statement of changes  in  financial  position,  and  related
 41        footnotes.  Such financial statements shall have been examined by the leg-
 42        islative services office or a firm of independent certified public accoun-
 43        tants in accordance with generally accepted auditing standards  and  shall
 44        be  provided within ninety (90) days of the last day of the lottery's fis-
 45        cal year;
 46        (c)  Report to the governor and the legislature any matters which  require
 47        immediate changes in the laws of this state in order to prevent abuses and
 48        evasions  of  this chapter or the rules of the lottery or to rectify unde-
 49        sirable conditions in connection with administration or operation  of  the
 50        lottery;
 51        (d)  Carry on a continuous study and investigation of the lottery to:
 52             (i)   Identify  any  defects  in the provisions of this chapter or in
 53             the rules and regulations of the commission leading to  an  abuse  in
 54             the  administration or operation of the lottery or an evasion of this
 55             act or the rules of the lottery;
                                                                        
                                       97
                                                                        
  1             (ii)  Make recommendations for changes in this chapter or  the  rules
  2             of  the lottery to prevent abuses or evasions or to improve the effi-
  3             ciency of the lottery;
  4             (iii) Ensure that the provisions of this chapter and the rules of the
  5             lottery are administered and formulated to serve the purposes of this
  6             chapter;
  7             (iv)  Prevent the use of the lottery, the provisions of this chapter,
  8             or the rules of the lottery from fostering professional  gambling  or
  9             crime;
 10        (e)  Make a continuous study and investigation of:
 11             (i)   The  operation and administration of similar laws and lotteries
 12             in other states and countries;
 13             (ii)  The available information  on  the  subject  of  lotteries  and
 14             related subjects;
 15             (iii) Any federal laws which may affect the operation of the lottery;
 16             and
 17             (iv)  The  reaction  of citizens of this state to existing and poten-
 18             tial features of the lottery with a view to recommending or effecting
 19             changes that will tend to serve the purposes of this chapter.
 20        (5)  The director shall provide for secure lottery facilities and  lottery
 21    systems, including data processing facilities and systems.
 22        (6)  The  director shall be responsible for monitoring class III gaming on
 23    Indian reservations as may be required by compacts entered into by  the  state
 24    in accordance with state statutory law and pursuant to the Indian Gaming Regu-
 25    latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168.
 26        (7)  The  director shall perform all other acts necessary to carry out the
 27    purposes and provisions of this chapter.
                                                                        
 28        SECTION 79.  That Section 72-513, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        72-513.  SPECIFIED  EMPLOYEES  -- EXEMPT FROM PERSONNEL SYSTEM. The secre-
 31    tary, medical officers, division or section officers, hearing officers,  field
 32    counselors, examiners and referees, shall be exempt from the system of person-
 33    nel administration prescribed by chapter 53, title 67 sections 67-3532 through
 34    67-3561, Idaho Code. Field counselors shall not be deemed or considered social
 35    workers or engaged in social work.
                                                                        
 36        SECTION  80.  The state administrative rules coordinator shall make neces-
 37    sary changes to change the names in the Division of Human Resources  Rules  so
 38    that  they accurately reflect the Bureau of Human Resources in the Division of
 39    Financial Management. Such rules shall remain in effect as any other  adminis-
 40    trative  rule.  The  Division  of  Human Resources Rules related to duties and
 41    responsibilities to be performed by the Department of Labor shall be  repealed
 42    and the Department of Labor shall promulgate new rules.
                                                                        
 43        SECTION 81.  SEVERABILITY.  The provisions of this act are hereby declared
 44    to  be  severable  and if any provision of this act or the application of such
 45    provision to any person or circumstance is declared invalid  for  any  reason,
 46    such  declaration  shall  not affect the validity of the remaining portions of
 47    this act.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 17000C1

This bill devolves the Division of Human Resources (DHR) and
replaces it with a Bureau of Human Resources (BHR) within the
Division of Financial Management, headed by a bureau chief
experienced in management of organizations or business.
Responsibility for conducting salary and benefit surveys as well
as applicant examination, ranking and limited appeal is moved to
the Department of Labor.  Responsibility for training of state
employees in human resource areas is moved to Professional-
Technical Education within the State Board of Education.  Review
and identification of improper paperless personnel and payroll
transactions will fall within the responsibilities of the State
Controller's Office.

The bill moves some rules directly into code and eliminates the
requirement of several other mandatory rules.  The employee
compensation plan is updated to better reflect the Hay method of
job evaluation.  The bill clarifies that recruitment bonuses are
one-time and retention bonuses may be awarded annually.  Survey
information and recommendations to the Governor and Legislature
will be due October 20th rather than December 1st.  

This bill puts back language that was inadvertently omitted from
the Personnel Act in 2006.  The omission of this language
resulted in treating otherwise exempt employees such as outside
sales people and fish hatchery personnel as if they were non-
exempt.  This bill adds a definition for computer workers and
aligns the administrative and professional overtime definitions
with the federal definitions.  The bill allows for exceptions to
overtime designations if deemed appropriate by the BHR bureau
chief.  In the past such exceptions have been made for certain
nurses to allow for time and a half for overtime work in order to
be in line with market practice.  This bill also clarifies that
newly promoted executives have six months to use any compensatory
time balances.  After six months any remaining compensatory time
will be forfeited.  The bill allows an exception for the payment
of overtime during a disaster or emergency with approval of the
Board of Examiners.  This exception could allow executives who
fight fires or otherwise assist in emergencies to be compensated
in line with market practice.  The state is typically reimbursed
for this type of overtime expenditure. The bill will eliminate
the concept of earned administrative leave and places a 240 hour
cap on compensatory time for non-executive exempt employees.  
In 2006, DHR was given the responsibility to make rules regarding
the reimbursement of moving expenses.  This authority may
conflict with Article VI, Section 18 of the Idaho Constitution
and more properly rests with the Board of Examiners.  The bill
removes that rulemaking responsibility from BHR.  Finally, the
bill makes several miscellaneous technical corrections.



                          FISCAL NOTE
                                
Currently, state agencies are charged a fee of .00615% of salary
for all classified positions to fund the services provided by the
Division of Human Resources (DHR).  DHR was appropriated $2.9
million for FY 2007.  The Governor's recommendation for human
resource services for FY 2008 is $1,735,500. 

This bill does not alter the funding formula for human resource
services for FY 2008.  Spending authority is recommended to
remain in agency appropriations to ensure that costs of the
function can be covered for services provided by the newly formed
unit within the Division of Financial Management or through
contract services with an external vendor. 

The fiscal impact estimate for the State Controller's Office is
$15,000, which would include the removal of DHR as an agency; DHR
routing approval change; removal of EAL; comp time max for
administrative, professional, and computer workers; automate six
month prior comp time pay off; performance evaluation migration
to SCO; promoted executive employees with comp time balance;
automate file downloads to Department of Labor for ATS system.




CONTACT
Name:     Judie Wright
Agency:   Human Resources, Division of
Phone:    429-5549

STATEMENT OF PURPOSE/FISCAL NOTE                             S 1178