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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
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
]]]] 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-
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
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-
1 nated as Sections 67-3532 through 67-3561, Idaho Code, and to read as fol-
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.
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
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
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
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
1 (30) "Seasonal appointment" means an appointment to a position which is
2 permanent in nature, but which has intermittent work periods throughout the
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
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.
1 (9) Deputy attorneys general attached to the office of the attorney gen-
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
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
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.
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
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
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-
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
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
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
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-
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
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
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
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
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
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
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
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-
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-
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
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
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
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
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,
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-
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-
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
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
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
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
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
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
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
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
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
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
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-
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
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.
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
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-
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
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
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.
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
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-
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-
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
20 (4) To suggest plans and provide internal control standards for the
21 improvement and management of the public revenues, assets, expenditures and
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
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.
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
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
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
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
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
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
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.
1 (3) Establish standards for the location, design, construction, recon-
2 struction, alteration, extension, repair and maintenance of state aeronautical
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 employee s 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.
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 employee s
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-
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
42 (11) Gather and diffuse timely information and statistics concerning sup-
43 ply, demand, prevailing prices and commercial movement of agricultural prod-
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-
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
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
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
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
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
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
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.
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.
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
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
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-
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
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
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
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-
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
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-
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
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)
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-
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
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.
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
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
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
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
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
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-
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
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
1 adversely affect existing water rights or contracts with the federal govern-
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-
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
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
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-
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
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
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
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-
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
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
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
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
51 (5) The director and/or employees of the department of water resources
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
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
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.
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
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-
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
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-
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 resource s 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,
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-
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
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-
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.
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
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,
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;
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.
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
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
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
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-
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
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
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
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
10 is vested without regard to the length of credited service.
11 (37) The masculine pronoun, wherever used, shall include the feminine pro-
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
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
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
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-
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-
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
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
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.
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-
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-
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
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
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
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
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
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
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.
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
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-
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
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
51 (4) Classified and nonclassified employees who are designated as execu-
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
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:
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-
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
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
1 tax payments;
2 (iii) The status of the processing or investigation of the taxpayer's
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
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
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
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
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-
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-
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-
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
13 (11) The following state aids and associated state mandates may be
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-
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
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-
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
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
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.
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
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
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
33 SECTION 60. That Section 67-1911, Idaho Code, be, and the same is hereby
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
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.
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
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-
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-
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
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
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
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
53 (4) The joint finance-appropriations committee may limit the amount of
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
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.
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
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-
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
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
51 For the purposes of implementing the provisions of this section, the com-
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
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
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,
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
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:
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;
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
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;
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
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
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;
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
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
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.
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.
Name: Judie Wright
Agency: Human Resources, Division of
STATEMENT OF PURPOSE/FISCAL NOTE S 1178