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S1178......................................................by STATE AFFAIRS HUMAN RESOURCES BUREAU - Repeals, adds to and amends existing law to repeal the law relating to the Division of Human Resources and the Personnel Commission; to provide for the Bureau of Human Resources under the Division of Financial Management; to provide duties of the Bureau of Human Resources; to provide that the Department of Labor shall process the initial hiring work for state employment positions; to provide for the Personnel Commission to be within the Bureau of Human Resources; and to provide that the Personnel Commission shall hear appeals of employee grievances. 02/27 Senate intro - 1st rdg - to printing 02/28 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1178 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE PERSONNEL SYSTEM; REPEALING CHAPTER 53, TITLE 67, IDAHO 3 CODE, RELATING TO THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL COM- 4 MISSION; AMENDING THE HEADING FOR CHAPTER 35, TITLE 67, IDAHO CODE; AMEND- 5 ING CHAPTER 35, TITLE 67, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 6 67-3532 THROUGH 67-3561, IDAHO CODE, TO ESTABLISH THE BUREAU OF HUMAN 7 RESOURCES IN THE DIVISION OF FINANCIAL MANAGEMENT, TO PROVIDE A DECLARA- 8 TION OF POLICY, TO DEFINE TERMS, TO PROVIDE APPLICATION TO STATE EMPLOY- 9 EES, TO PROVIDE APPLICATION TO EMPLOYEES HIRED PRIOR TO THE ENACTMENT OF 10 THIS ACT AND TO PROVIDE APPLICATION TO EXISTING MERIT SYSTEMS AND PERSON- 11 NEL SYSTEMS, TO PROVIDE APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS, 12 TO PROVIDE FOR CREATION AND ORGANIZATION OF THE IDAHO PERSONNEL COMMIS- 13 SION, TO PROVIDE AUTHORITY AND DUTIES OF THE BUREAU OF HUMAN RESOURCES AND 14 TO PROVIDE FOR SELECTION OF A BUREAU CHIEF, TO PROVIDE RULES OF THE BUREAU 15 OF HUMAN RESOURCES AND THE PERSONNEL COMMISSION, TO PROVIDE DUTIES OF THE 16 BUREAU AND STATE DEPARTMENTS AND TO PROVIDE VETERAN'S PREFERENCE, TO PRO- 17 VIDE STATE EMPLOYEE COMPENSATION PHILOSOPHY, TO PROVIDE FOR THE IDAHO COM- 18 PENSATION PLAN, TO PROVIDE FOR ANNUAL SURVEYS, REPORTS AND RECOMMENDA- 19 TIONS, TO PROVIDE OTHER PAY DELIVERY OPTIONS, TO PROVIDE FOR SERVICE TO 20 OTHER POLITICAL SUBDIVISIONS, TO PROVIDE FOR LIMITATION OF POLITICAL 21 ACTIVITY, TO PROVIDE PUNISHMENT FOR VIOLATIONS, TO PROVIDE A METHOD OF 22 FINANCING OF THE BUREAU OF HUMAN RESOURCES, TO PROVIDE EMPLOYEE PROBLEM 23 SOLVING AND DUE PROCESS PROCEDURES, TO PROVIDE AN APPEAL PROCEDURE, TO 24 PROVIDE FOR WHEN A PETITION FOR REVIEW IS FILED, TO PROVIDE FOR AN APPEAL 25 TO DISTRICT COURT, TO PROVIDE HOURS OF WORK AND OVERTIME, TO PROVIDE FOR 26 CREDITED SERVICE, APPLICABILITY AND COMPUTATION, TO PROVIDE FOR SICK 27 LEAVE, TO PROVIDE FOR VACATION TIME, TO PROVIDE FOR MOVING EXPENSE REIM- 28 BURSEMENT, TO PROVIDE FOR RED CROSS DISASTER SERVICES, TO PROVIDE A LEAVE 29 OF ABSENCE WITH PAY IN LIEU OF WORKER'S COMPENSATION BENEFITS, TO PROVIDE 30 THAT SEVERANCE PAY IS NOT PAID TO STATE EMPLOYEES AND TO PROVIDE LEAVE OF 31 ABSENCE FOR ORGAN DONATION; AMENDING SECTION 33-2203, IDAHO CODE, TO PRO- 32 VIDE THAT THE BOARD OF PROFESSIONAL-TECHNICAL EDUCATION SHALL PROVIDE FOR 33 TRAINING OF STATE EMPLOYEES IN EMPLOYEE EVALUATION, DISPUTE RESOLUTION, 34 STRESS MANAGEMENT, IN SUPERVISION AND IN OTHER HUMAN RESOURCE RELATED 35 SUBJECTS AND TOPICS; AMENDING SECTION 67-1001, IDAHO CODE, TO PROVIDE 36 ADDITIONAL DUTIES OF THE STATE CONTROLLER REGARDING IDAHO'S PAPERLESS 37 ONLINE PERSONNEL/PAYROLL SYSTEM AND TO MAKE A TECHNICAL CORRECTION; AMEND- 38 ING CHAPTER 13, TITLE 72, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39 72-1345A, IDAHO CODE, TO PROVIDE DUTIES OF THE DEPARTMENT OF LABOR REGARD- 40 ING EMPLOYMENT IN CLASSIFIED STATE POSITIONS; AMENDING SECTION 9-348, 41 IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 42 19-870, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC- 43 TION 20-214, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING 44 SECTION 21-142, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO 45 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 21-148, IDAHO CODE, TO PRO- 46 VIDE A PROPER STATUTORY CITATION AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 2 1 ING SECTION 22-103, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; 2 AMENDING SECTION 23-207, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 3 TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-1104, IDAHO 4 CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 33-127, 5 IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 6 33-2101A, IDAHO CODE, TO DELETE REFERENCE TO AN OBSOLETE CODE SECTION; 7 AMENDING SECTION 33-2109A, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITA- 8 TIONS; AMENDING SECTION 33-2504, IDAHO CODE, TO PROVIDE A PROPER STATUTORY 9 CITATION; AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE A PROPER STATU- 10 TORY CITATION; AMENDING SECTION 36-106, IDAHO CODE, TO PROVIDE A PROPER 11 STATUTORY CITATION; AMENDING SECTION 36-202, IDAHO CODE, TO PROVIDE A 12 PROPER STATUTORY CITATION; AMENDING SECTION 36-2107, IDAHO CODE, TO PRO- 13 VIDE A PROPER STATUTORY CITATION; AMENDING SECTION 38-1215, IDAHO CODE, TO 14 PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 39-104, IDAHO CODE, 15 TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL CORRECTION; 16 AMENDING SECTION 39-113, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 17 TION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-401, IDAHO 18 CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL COR- 19 RECTION; AMENDING SECTION 39-413, IDAHO CODE, TO PROVIDE A PROPER STATU- 20 TORY CITATION; AMENDING SECTION 39-3004, IDAHO CODE, TO PROVIDE A PROPER 21 STATUTORY CITATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22 39-4115, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC- 23 TION 39-5207, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS; AMENDING 24 SECTION 39-6002, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; 25 AMENDING SECTION 40-503, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 26 TION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 41-206, IDAHO 27 CODE, TO PROVIDE PROPER STATUTORY CITATIONS; AMENDING SECTION 41-226, 28 IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 29 42-1701, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC- 30 TION 46-112, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING 31 SECTION 46-1207, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; 32 AMENDING SECTION 54-1716, IDAHO CODE, TO DELETE REFERENCE TO THE PERSONNEL 33 COMMISSION AND TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 34 56-1201, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SEC- 35 TION 57-727, IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU CHIEF OF THE 36 BUREAU OF HUMAN RESOURCES; AMENDING SECTION 58-105, IDAHO CODE, TO PROVIDE 37 A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING 38 SECTION 59-904, IDAHO CODE, TO DELETE REFERENCE TO THE ADMINISTRATOR OF 39 THE DIVISION OF HUMAN RESOURCES AND TO MAKE A TECHNICAL CORRECTION; AMEND- 40 ING SECTION 59-1205, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; 41 AMENDING SECTION 59-1302, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 42 TION; AMENDING SECTION 59-1303, IDAHO CODE, TO PROVIDE REFERENCE TO THE 43 BUREAU CHIEF OF THE BUREAU OF HUMAN RESOURCES AND TO PROVIDE A PROPER 44 STATUTORY CITATION; AMENDING SECTION 59-1311, IDAHO CODE, TO PROVIDE A 45 PROPER STATUTORY CITATION; AMENDING SECTION 59-1601, IDAHO CODE, TO PRO- 46 VIDE A PROPER STATUTORY CITATION; AMENDING SECTION 59-1603, IDAHO CODE, 47 TO PROVIDE PROPER STATUTORY CITATIONS, TO PROVIDE FOR A ONE-TIME AWARD 48 PAYMENT FOR RECRUITMENT OR ANNUAL AWARD PAY FOR RETENTION PURPOSES AND TO 49 PROVIDE REFERENCE TO THE BUREAU OF HUMAN RESOURCES; AMENDING SECTION 50 59-1604, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS; AMENDING SEC- 51 TION 59-1605, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS AND TO 52 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 59-1606, IDAHO CODE, TO PRO- 53 VIDE PROPER STATUTORY CITATIONS AND TO MAKE A TECHNICAL CORRECTION; 54 AMENDING SECTION 59-1607, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITA- 55 TIONS, TO REVISE PROCEDURES FOR COMPENSATORY TIME, TO PROVIDE APPLICATION 3 1 TO COMPUTER WORKERS OR OTHER EXCEPTIONS IN THE FEDERAL FAIR LABOR STAN- 2 DARDS ACT AND TO ALLOW FOR PAY FOR OVERTIME WORK DURING A DISASTER OR 3 EMERGENCY UNDER CERTAIN CONDITIONS; AMENDING SECTION 63-3076, IDAHO CODE, 4 TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 65-202, IDAHO 5 CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 65-506, 6 IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING SECTION 7 67-429, IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU CHIEF OF THE BUREAU 8 OF HUMAN RESOURCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 9 67-802, IDAHO CODE, TO PROVIDE PROPER STATUTORY CITATIONS; AMENDING SEC- 10 TION 67-1401, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO 11 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1910, IDAHO CODE, TO PRO- 12 VIDE A PROPER STATUTORY CITATION; REPEALING SECTION 67-1911, IDAHO CODE, 13 RELATING TO FINANCIAL MANAGEMENT TECHNICAL DEVELOPMENT COMMITTEE; AMENDING 14 SECTION 67-2402, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; 15 AMENDING SECTION 67-2403, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 16 TION; AMENDING SECTION 67-2504, IDAHO CODE, TO PROVIDE A PROPER STATUTORY 17 CITATION; AMENDING SECTION 67-2601, IDAHO CODE, TO PROVIDE PROPER STATU- 18 TORY CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19 67-2901, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO MAKE A 20 TECHNICAL CORRECTION; AMENDING SECTION 67-3511, IDAHO CODE, TO PROVIDE A 21 PROPER STATUTORY CITATION; AMENDING SECTION 67-3519, IDAHO CODE, TO PRO- 22 VIDE REFERENCE TO THE BUREAU OF HUMAN RESOURCES; AMENDING SECTION 67-4126, 23 IDAHO CODE, TO PROVIDE REFERENCE TO THE BUREAU CHIEF OF THE BUREAU OF 24 HUMAN RESOURCES; AMENDING SECTION 67-4402, IDAHO CODE, TO PROVIDE REFER- 25 ENCE TO THE BUREAU CHIEF OF THE BUREAU OF HUMAN RESOURCES; AMENDING SEC- 26 TION 67-4702, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; AMENDING 27 SECTION 67-5009, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION AND TO 28 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-5202, IDAHO CODE, TO PRO- 29 VIDE A PROPER STATUTORY CITATION AND TO MAKE A TECHNICAL CORRECTION; 30 AMENDING SECTION 67-5409, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITA- 31 TION; AMENDING SECTION 67-5774, IDAHO CODE, TO PROVIDE A PROPER STATUTORY 32 CITATION; AMENDING SECTION 67-5904, IDAHO CODE, TO PROVIDE A PROPER STATU- 33 TORY CITATION; AMENDING SECTION 67-6707, IDAHO CODE, TO PROVIDE PROPER 34 STATUTORY CITATIONS; AMENDING SECTION 67-7306, IDAHO CODE, TO PROVIDE 35 PROPER STATUTORY CITATIONS; AMENDING SECTION 67-7409, IDAHO CODE, TO PRO- 36 VIDE PROPER STATUTORY CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 37 ING SECTION 72-513, IDAHO CODE, TO PROVIDE A PROPER STATUTORY CITATION; TO 38 PROVIDE THAT THE ADMINISTRATIVE RULES COORDINATOR SHALL MAKE NECESSARY 39 CHANGES TO CHANGE THE NAMES IN THE DIVISION OF HUMAN RESOURCES TO ACCU- 40 RATELY REFLECT THE BUREAU OF HUMAN RESOURCES AND TO PROVIDE FOR RULE PRO- 41 MULGATION BY THE DEPARTMENT OF LABOR; AND PROVIDING SEVERABILITY. 42 Be It Enacted by the Legislature of the State of Idaho: 43 SECTION 1. That Chapter 53, Title 67, Idaho Code, be and the same is 44 hereby repealed. 45 SECTION 2. That the Chapter Heading for Chapter 35, Title 67, Idaho Code, 46 be and the same is hereby amended to read as follows: 47 CHAPTER 35 48 STATE BUDGET AND PERSONNEL SYSTEM 49 SECTION 3. That Chapter 35, Title 67, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig- 4 1 nated as Sections 67-3532 through 67-3561, Idaho Code, and to read as fol- 2 lows: 3 67-3532. ESTABLISHMENT OF BUREAU OF HUMAN RESOURCES AND DECLARATION OF 4 POLICY. There is hereby established the bureau of human resources in the divi- 5 sion of financial management, which is authorized and directed to administer a 6 personnel system for classified Idaho employees. The purpose of the personnel 7 system is to provide a means whereby classified employees of the state of 8 Idaho shall be examined, selected, retained and promoted on the basis of merit 9 and their performance of duties, thus effecting economy and efficiency in the 10 administration of state government. The department of labor shall assist the 11 bureau of human resources by administering a system for the fair and impartial 12 selection of persons to classified positions in state government and by per- 13 forming such other duties as are imposed on it pursuant to section 72-1345A, 14 Idaho Code. The legislature declares that, in its considered judgment, the 15 public good and the general welfare of the citizens of this state require 16 enactment of this measure, under the powers of the state. 17 67-3533. DEFINITIONS. As used in sections 67-3532 through 67-3561, Idaho 18 Code, and other applicable sections of the Idaho Code, each of the terms 19 defined in this section shall have the meaning given in this section unless a 20 different meaning is clearly required by the context. Such terms and their 21 definitions are: 22 (1) "Administrative employee" means any person, nonclassified or classi- 23 fied, appointed to a position which meets the criteria set forth in the fed- 24 eral fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a 25 classified employee as "administrative" within this definition shall be made 26 by the bureau chief of the bureau of human resources. Exceptions to this des- 27 ignation which do not violate the federal fair labor standards act may be made 28 by the bureau chief. 29 (2) "Appointing authority" means the officer, board, commission, person 30 or group of persons authorized by statute or lawfully delegated authority to 31 make appointments to or employ personnel in any department. 32 (3) "Bureau chief" means the bureau chief of the bureau of human 33 resources in the division of financial management. 34 (4) "Class" means a group of positions sufficiently similar as to the 35 duties performed, degree of supervision exercised or required, minimum 36 requirements of training, experience or skill, and other characteristics, that 37 the same title, the same tests of fitness and the same schedule of compensa- 38 tion may be applied to each position in the group. 39 (5) "Classified officer or employee" means any person appointed to or 40 holding a position in any department of the state of Idaho, which position is 41 subject to the provisions of sections 67-3532 through 67-3561, Idaho Code. 42 (6) "Commission" means the Idaho personnel commission. 43 (7) "Compensatory time" means approved time off from duty provided in 44 compensation for overtime hours worked. 45 (8) "Computer worker" means any person, nonclassified or classified, who 46 meets the criteria set forth in the federal fair labor standards act, 29 47 U.S.C. 201 et seq. Final designation of a classified position as "computer 48 worker" within this definition shall be made by the bureau chief. Exceptions 49 to this designation which do not violate the fair labor standards act can be 50 made by the bureau chief. 51 (9) "Department" means any department, agency, institution or office of 52 the state of Idaho. 53 (10) "Disabled veteran" is as defined in section 65-502, Idaho Code. 5 1 (11) "Executive employee" means any person, nonclassified or classified, 2 appointed to a position equivalent to a bureau chief or above as provided in 3 section 67-2402, Idaho Code, or any employee meeting the following criteria: 4 (a) An individual whose primary duty is management of a department, divi- 5 sion or bureau; and 6 (b) Who customarily and regularly directs the work of at least two (2) or 7 more other employees therein; and 8 (c) Who has the authority to hire and fire, or to recommend hiring and 9 firing; or whose recommendation on these and other actions affecting 10 employees is given particular weight; and 11 (d) Who customarily and regularly exercises discretionary powers; and 12 (e) Who is classified to a position allocated to the pay grade equivalent 13 to two hundred sixty (260) points or higher pursuant to the rating system 14 established by rule. 15 (f) Final designation of a classified position as "executive" in this 16 definition shall be made by the bureau chief. Exceptions to this designa- 17 tion which do not violate the fair labor standards act can be made by the 18 bureau chief. 19 (12) "Exempt employee" means any employee, classified or nonclassified, 20 who is determined to be an executive, professional, administrative employee 21 or computer worker as defined herein, or who qualifies for any other exemption 22 from cash compensation for overtime under applicable federal law. Final desig- 23 nation of a classified position as exempt shall be made by the bureau chief. 24 Exceptions to this designation which do not violate the fair labor standards 25 act can be made by the bureau chief. 26 (13) "Full-time employee" means any employee working a forty (40) hour 27 work week. 28 (14) "Holiday" means the following: 29 January 1 (New Year's Day); 30 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 31 Day); 32 Third Monday in February (Washington's Birthday); 33 Last Monday in May (Memorial Day); 34 July 4 (Independence Day); 35 First Monday in September (Labor Day); 36 Second Monday in October (Columbus Day); 37 November 11 (Veterans Day); 38 Fourth Thursday in November (Thanksgiving); 39 December 25 (Christmas). 40 In addition, the term "holiday" shall mean any day so designated by the Presi- 41 dent of the United States or the governor of this state for a public fast, 42 thanksgiving or holiday. 43 In the event that a holiday occurs on a Saturday, the preceding Friday 44 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 45 shall be a holiday. 46 A holiday is a day of exemption from work granted to nonexecutive employ- 47 ees during which said employees shall be compensated as if they actually 48 worked. Employees classified as executive exempt are entitled to ten (10) paid 49 holidays per year. If such an employee works on one (1) of the official holi- 50 days listed in this subsection, then such employee may take an alternative day 51 off but shall not receive additional compensation. 52 (15) "Hours worked" means those hours actually spent in the performance of 53 the employee's job on any day including holidays, and shall not include vaca- 54 tion or sick leave or any other approved leave of absence. 55 (16) "Nonclassified employee" means any person appointed to or holding a 6 1 position in any department of the state of Idaho, which position is exempted 2 from the provisions of chapter 35, title 67, Idaho Code, as provided for in 3 section 67-3534, Idaho Code. 4 (17) "Normal work week" means any forty (40) hours worked during a partic- 5 ular one hundred sixty-eight (168) hour period as previously established by 6 the employee's appointing authority. 7 (18) "Open competitive examination" means an examination which may be 8 taken by qualified applicants administered by the department of labor pursuant 9 to section 72-1345A, Idaho Code. 10 (19) "Overtime work" means time worked on holidays and time worked in 11 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 12 secutive hours, except that in the case of those employees engaged in law 13 enforcement, correctional and fire protection activities characterized by 14 irregular shift work schedules, time worked in excess of one hundred sixty 15 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 16 overtime work within the meaning of this chapter. 17 (20) "Participating department" means any department of the state of Idaho 18 which employs persons in classified positions subject to the merit examination 19 administered by the department of labor and the selection, retention, promo- 20 tion and dismissal requirements of sections 67-3532 through 67-3561, Idaho 21 Code. 22 (21) "Part-time employee" means any employee whose usually scheduled work 23 is less than forty (40) hours in a period of one hundred sixty-eight (168) 24 consecutive hours, and who shall not be entitled to sick leave accruals pro- 25 vided in section 67-3555, Idaho Code, vacation leave provided in section 26 67-3556, Idaho Code, nor holiday pay defined in subsection (14) of this sec- 27 tion, unless contributions are being made to the public employee retirement 28 system in accordance with chapter 13, title 59, Idaho Code, and rules promul- 29 gated by the retirement board. 30 (22) "Personnel system" means the procedure for administering employees in 31 accordance with sections 67-3532 through 67-3561, Idaho Code. 32 (23) "Political office" means a public office for which partisan politics 33 is a basis for nomination, election or appointment. 34 (24) "Political organization" means a party which sponsors candidates for 35 election to political office. 36 (25) "Position" means a group of duties and responsibilities legally 37 assigned or delegated by one (1) or more appointing authorities and requiring 38 the employment of one (1) person. 39 (26) "Professional employee" means any person, nonclassified or classi- 40 fied, appointed to a position which meets the criteria set forth in the fed- 41 eral fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a 42 classified employee as "professional" within this definition shall be made by 43 the bureau chief. Exceptions to this designation which do not violate the fed- 44 eral fair labor standards act may be made by the bureau chief. 45 (27) "Provisional appointment" means appointment to a classified position 46 pending the establishment of a register by the department of labor for such 47 position, and employment shall not be continued in this status longer than 48 thirty (30) days after establishment of a register. 49 (28) "Qualifying examination" means an examination or evaluation given to 50 a selected person to determine eligibility for reclassification or appoint- 51 ment to a position in a classification. 52 (29) "Register" means a list of names of persons who have been determined 53 to be eligible for employment in a classified position as determined on the 54 basis of examination and merit factors administered by the department of 55 labor. 7 1 (30) "Seasonal appointment" means an appointment to a position which is 2 permanent in nature, but which has intermittent work periods throughout the 3 year. 4 (31) "Service rating" means a recorded evaluation of work performance and 5 promotional potential of an employee by his supervisor. 6 (32) "Temporary appointment" means appointment to a position which is not 7 permanent in nature, and in which employment will not exceed one thousand 8 three hundred eighty-five (1,385) hours during any twelve (12) month period. 9 No person holding a temporary appointment may work in excess of one thousand 10 three hundred eighty-five (1,385) hours during a twelve (12) month period of 11 time for any one (1) department except, upon petition by the appointing 12 authority of the department of lands that demonstrates good cause, the bureau 13 chief of the bureau of human resources may extend the one thousand three hun- 14 dred eighty-five (1,385) hour limit for employees of the department who are 15 required to perform fire suppression activities. Temporary employees and agri- 16 cultural inspectors referred to in subsections (14) and (16) of section 17 67-3534, Idaho Code, shall not be entitled to sick leave accruals provided in 18 section 67-3555, Idaho Code, vacation leave provided in section 67-3556, Idaho 19 Code, nor holiday pay defined in subsection (14) of this section, unless con- 20 tributions are being made to the public employee retirement system in accor- 21 dance with chapter 13, title 59, Idaho Code, and rules promulgated by the 22 retirement board. 23 (33) "Vacation leave" means a period of exemption from work granted to 24 employees, during which time said employees shall be compensated. The term 25 shall not include compensatory time for overtime work. 26 (34) "Veteran" is as defined in section 65-502, Idaho Code. 27 67-3534. APPLICATION TO STATE EMPLOYEES. All departments of the state of 28 Idaho and all employees in such departments, except those employees specifi- 29 cally defined as nonclassified, shall be classified employees, who are subject 30 to this chapter and to the system of personnel administration which it pre- 31 scribes. Nonclassified employees shall be: 32 (1) Members of the state legislature and all other officers of the state 33 of Idaho elected by popular vote, and persons appointed to fill vacancies in 34 elective offices, and employees of the state legislature. 35 (2) Members of statutory boards and commissions and heads of departments 36 appointed by and serving at the pleasure of the governor, deputy directors 37 appointed by the director and members of advisory boards and councils 38 appointed by the departments. 39 (3) All employees and officers in the office, and at the residence, of 40 the governor; and all employees and officers in the offices of the lieutenant 41 governor, secretary of state, attorney general, state treasurer, state con- 42 troller, and state superintendent of public instruction who are appointed on 43 and after the effective date of this act. 44 (4) Except as otherwise provided by law, not more than one (1) declared 45 position for each board or commission and/or head of a participating depart- 46 ment in addition to those declared to be nonclassified by other provisions of 47 law. 48 (5) Part-time professional consultants who are paid on a fee basis for 49 any form of legal, medical or other professional service, and who are not 50 engaged in the performance of administrative duties for the state. 51 (6) Judges, temporary referees, receivers and jurors. 52 (7) All employees of the Idaho supreme court, Idaho court of appeals and 53 district courts. 54 (8) All employees of the Idaho state bar. 8 1 (9) Deputy attorneys general attached to the office of the attorney gen- 2 eral. 3 (10) Officers, members of the teaching staffs of state educational insti- 4 tutions, the professional staff of the Idaho department of education adminis- 5 tered by the board of regents and the board of education, and the professional 6 staffs of the Idaho division of professional-technical education and voca- 7 tional rehabilitation administered by the state board for professional- 8 technical education. "Teaching staff" includes teachers, coaches, resident 9 directors, librarians and those principally engaged in academic research. The 10 word "officer" means presidents, vice presidents, deans, directors, or employ- 11 ees in positions designated by the state board who receive an annual salary of 12 not less than the minimum of the pay grade equivalent to three hundred fifty- 13 five (355) Hay points in the state compensation schedule. 14 (11) Employees of the military division. 15 (12) Patients, inmates or students employed in a state institution. 16 (13) Persons employed in positions established under federal grants, 17 which, by law, restrict employment eligibility to specific individuals or 18 groups on the basis of nonmerit selection requirements. Such employees shall 19 be termed "project exempt" and the tenure of their employment shall be limited 20 to the length of the project grant, or twenty-four (24) months, or four thou- 21 sand one hundred sixty (4,160) hours of credited state service, whichever is 22 of the shortest duration. No person hired on a project-exempt appointment 23 shall be employed in any position allocated to the classified service. 24 (14) Temporary employees. 25 (15) All employees and officers of the following named commodity commis- 26 sions, and all employees and officers of any commodity commission created 27 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 28 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 29 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 30 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 31 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 32 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 33 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 34 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 35 in chapter 37, title 22, Idaho Code; the Idaho mint commission, as provided in 36 chapter 38, title 22, Idaho Code; the state board of sheep commissioners, as 37 provided in chapter 1, title 25, Idaho Code; the state brand inspector, and 38 all district supervisors, as provided in chapter 11, title 25, Idaho Code; the 39 Idaho beef council, as provided in chapter 29, title 25, Idaho Code; and the 40 Idaho dairy products commission, as provided in chapter 31, title 25, Idaho 41 Code. 42 (16) All inspectors of the fresh fruit and vegetable inspection service of 43 the Idaho department of agriculture, except those positions involved in the 44 management of the program. 45 (17) All employees of correctional industries within the department of 46 correction. 47 (18) All deputy administrators and wardens employed by the department of 48 correction. Deputy administrators are defined as only the six (6) deputy 49 administrators working directly for the two (2) nonclassified division admin- 50 istrators under the director of the department of correction. 51 (19) All public information positions with the exception of secretarial 52 positions, in any department. 53 (20) Any division administrator. 54 (21) Any regional administrator or division administrator in the depart- 55 ment of environmental quality. 9 1 (22) All employees of the division of financial management. 2 (23) All employees of the Idaho food quality assurance institute. 3 (24) The state appellate public defender, deputy state appellate public 4 defenders and all other employees of the office of the state appellate public 5 defender. 6 (25) All quality assurance specialists or medical investigators of the 7 Idaho board of medicine. 8 (26) All employees of the division of general services. 9 67-3535. EMPLOYEES HIRED PRIOR TO ENACTMENT OF THIS ACT -- EXISTING MERIT 10 SYSTEMS AND PERSONNEL SYSTEMS. (1) An employee who has had less than six (6) 11 calendar months of service on the date his department commences participation 12 in the personnel system shall be required to pass a suitable noncompetitive 13 examination and satisfactorily complete a probationary period in order to be 14 retained in a position. 15 (2) An employee who does not obtain a passing grade in the examination 16 referred to in subsection (1) of this section shall be separated from his 17 position within thirty (30) days after the establishment of an adequate regis- 18 ter of eligibles for such position. 19 (3) The personnel system administered by the bureau of human resources 20 created by this act is hereby designated as the "merit system," "civil service 21 system" or "personnel system" as may be required by any other section of the 22 Idaho Code for the administration of any department covered by this act; and 23 all laws in conflict in whole or in part with the provisions of this act are 24 hereby repealed to the extent of such conflict or inconsistency. All depart- 25 ments whose salaries and administrative costs come from state appropriations 26 shall prepare and file the reports and estimates in the office of the adminis- 27 trator of the division of financial management in accordance with this act, 28 and personnel compensation thereunder shall not be effective until approved as 29 being within the state budget limitations of the respective department. 30 67-3536. APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS. Notwithstanding 31 any other provision, wherever federal merit system standards are applicable to 32 any department covered by this act, financed in whole or in part by federal 33 funds, rules shall be established or modified by the bureau chief of the 34 bureau of human resources pursuant to chapter 52, title 67, Idaho Code, to the 35 extent necessary to apply such standards to personnel administration in such 36 grant-in-aid programs, and to the positions and employees therein. 37 67-3537. IDAHO PERSONNEL COMMISSION CREATED -- ORGANIZATION OF COMMIS- 38 SION. (1) The Idaho personnel commission is hereby created in the division of 39 financial management and shall consist of five (5) members, not more than 40 three (3) of which at any time may belong to the same political party. The 41 members of the commission shall be appointed by the governor on the basis of 42 experience in personnel management, business or governmental management and 43 their known sympathy with merit principles for the impartial selection of 44 efficient state government employees; provided however, that at least two (2) 45 of the members shall have had at least five (5) years of personnel management 46 experience. 47 (2) Members of the commission shall be appointed for overlapping terms of 48 six (6) years, except that in the first instance, one (1) member shall be 49 appointed for two (2) years, one (1) member for four (4) years and one (1) 50 member for six (6) years. Initial members shall be appointed to take office 51 within thirty (30) days after the effective date of this act. The members of 52 the personnel commission serving on the effective date of this act shall con- 10 1 tinue in office subject to the provisions of this act. The additional members 2 of the commission shall be appointed, one (1) for four (4) years and one (1) 3 for six (6) years, the term of each to be designated by the governor. Their 4 successors shall be appointed for terms of six (6) years. If, for any reason, 5 a member should leave the commission before his term expires, the governor 6 shall appoint another member to fill out the unexpired term. 7 (3) No member of the commission shall hold political office or be an 8 officer of a political organization during his term, nor shall any member have 9 held political office or have been an officer of a political organization dur- 10 ing the twelve (12) months preceding his appointment. No member of the commis- 11 sion shall have been employed as an official or employee of the state of Idaho 12 during the twelve (12) months preceding his appointment, nor be so employed 13 during his term. The chairman shall be appointed by the governor prior to the 14 first meeting of each calendar year. 15 (4) Any department aggrieved by any action or inaction of the bureau of 16 human resources shall be afforded an opportunity for review before the bureau 17 upon request therefor in writing. 18 (5) The governor may remove a commissioner for inefficiency, neglect of 19 duty or misconduct in office after first giving him a copy of the charges 20 against him and an opportunity to be heard publicly before the governor. A 21 copy of the charges and a transcript of the record of the hearing shall be 22 filed with the secretary of state. 23 (6) The commission shall meet at regularly scheduled intervals or on call 24 of the chairman. Three (3) members shall constitute a quorum for the transac- 25 tion of business. Members shall each be compensated as provided by section 26 59-509(n), Idaho Code. 27 67-3538. AUTHORITY AND DUTIES OF THE BUREAU OF HUMAN RESOURCES -- SELEC- 28 TION OF BUREAU CHIEF. (1) It shall be the duty of the bureau chief to admin- 29 ister the provisions of sections 67-3532 through 67-3561, Idaho Code. The 30 administrator of the division of financial management shall have the duty, 31 power and authority to employ such persons, make such expenditures, require 32 such reports, make investigations, perform such travel pursuant to the provi- 33 sions of sections 67-3532 through 67-3561, Idaho Code, and to take such other 34 actions as it deems necessary or suitable to that end. 35 (2) The bureau chief shall be appointed by the administrator of the divi- 36 sion of financial management, and shall serve at the pleasure of the adminis- 37 trator of the division of financial management. The bureau chief shall be 38 experienced in management of organizations or businesses and shall provide 39 necessary support to the commission when it carries out its duties. 40 67-3539. RULES OF THE BUREAU OF HUMAN RESOURCES AND THE PERSONNEL COMMIS- 41 SION. The bureau of human resources shall have the power and authority to 42 adopt, amend or rescind such rules as may be necessary for proper administra- 43 tion of sections 67-3532 through 67-3561, Idaho Code. Such rules shall 44 include: 45 (1) A rule requiring the bureau chief, after consulting with each depart- 46 ment to develop, adopt, and make effective, a job classification system for 47 positions covered by sections 67-3532 through 67-3561, Idaho Code, based upon 48 an analysis of the duties and responsibilities of the positions. The job clas- 49 sification shall include an appropriate title for each class, and a descrip- 50 tion of duties and responsibilities of positions in the classes and the 51 requirements of minimum training, experience and other qualifications, suit- 52 able for the performance of duties of the position. 53 (2) A rule for development and maintenance of a system of service ratings 11 1 and the use of such ratings by all departments in connection with promotions, 2 demotions, retentions, separations and reassignments. The rule shall require 3 that an evaluation of each classified employee shall be made after each two 4 thousand eighty (2,080) hour period of credited state service. 5 (3) A rule concerning provisional appointments. 6 (4) A rule concerning temporary appointments. 7 (5) A rule governing the employment of consultants and persons retained 8 under independent contract. 9 (6) A rule concerning "project exempt" appointments. 10 (7) A rule to establish procedures for maintenance of a record of the 11 employment history and appropriate information relating to performance of all 12 employees under the personnel system. For the purposes of this rule, the state 13 shall be considered one (1) employer. 14 (8) Rules relating to leave for state employees from official duties 15 including, but not limited to, sick leave, military leave, jury duty, leaves 16 of absence without compensation and such other forms of absence from perfor- 17 mance of duties in the course of state employment as may be necessary. 18 (9) A rule providing up to twenty-five percent (25%) shift differential 19 pay based on local market practices. 20 (10) A rule to allow, at the request of the hiring agency, temporary and 21 acting appointment service time to count toward fulfilling probationary 22 requirements as established in section 67-3540, Idaho Code. 23 (11) Other rules not inconsistent with the foregoing provisions of this 24 section as may be necessary and proper for the administration and enforcement 25 of this act. 26 67-3540. DUTIES OF THE BUREAU AND STATE DEPARTMENTS. The following sub- 27 sections shall apply to the bureau of human resources and to all state agen- 28 cies subject to this act and classified employees: 29 (1) Notwithstanding the procedure for examination and ranking of employ- 30 ees eligible for hire as determined by the department of labor, an agency may 31 appoint an individual directly into an entrance or promotional probation if 32 the division of vocational rehabilitation, Idaho commission for the blind and 33 visually impaired or the industrial commission certifies, with the concurrence 34 of the bureau of human resources staff, that the individual: (a) has a dis- 35 ability or handicap as defined under state or federal law; (b) is qualified to 36 perform the essential functions of a particular classified position with or 37 without reasonable accommodation; and (c) lacks competitiveness in the exami- 38 nation process due to the disability or handicap. The probationary period as 39 provided in subsection (4) of this section shall be the sole examination for 40 such individuals. 41 (2) Whenever practicable, a vacancy in a classified position shall be 42 filled by the promotion of a qualified employee of the agency in which the 43 vacancy occurs. 44 (3) Any person who is improperly disqualified from taking an examination 45 or from being appointed or promoted to a position because of race, national 46 origin, color, sex, age, political or religious opinions or affiliations may 47 appeal to the Idaho personnel commission. 48 (4) A probationary period shall not exceed one thousand forty (1,040) 49 hours of credited state service for all appointments and promotions, except 50 that peace officers as defined in section 19-5101, Idaho Code, shall be sub- 51 ject to a probationary period of two thousand eighty (2,080) hours of credited 52 state service. The appointing authority shall provide the employee and the 53 bureau chief a performance evaluation indicating satisfactory or unsatisfac- 54 tory performance not later than thirty (30) days after the expiration of the 12 1 probationary period. If the appointing authority fails to provide a perfor- 2 mance evaluation within thirty (30) days after the expiration of the proba- 3 tionary period, the employee shall be deemed to have satisfactorily completed 4 the probation unless the appointing authority receives approval from the 5 bureau chief to extend the probationary period for good cause for an addi- 6 tional specified period not to exceed one thousand forty (1,040) hours of 7 credited state service. If an employee is performing in an unsatisfactory man- 8 ner during the entrance probationary period, the appointing authority shall 9 ask the employee to resign, and if no resignation is submitted, shall termi- 10 nate the employment of such employee without the right of grievance or appeal. 11 (5) Disciplinary dismissal, demotion, suspension or other discipline of 12 classified employees shall be only for cause with reasons given in writing. 13 Any of the following reasons shall be proper cause for the disciplinary dis- 14 missal, demotion or suspension of any employee in the state classified ser- 15 vice: 16 (a) Failure to perform the duties and carry out the obligations imposed 17 by the state constitution, state statutes and rules of the employee's 18 department, or rules of the bureau chief or the bureau. 19 (b) Inefficiency, incompetency, or negligence in the performance of 20 duties, or job performance that fails to meet established performance 21 standards. 22 (c) Physical or mental incapability for performing assigned duties. 23 (d) Refusal to accept a reasonable and proper assignment from an autho- 24 rized supervisor. 25 (e) Insubordination or conduct unbecoming a state employee or conduct 26 detrimental to good order and discipline in the employee's department. 27 (f) Intoxication on duty. 28 (g) Careless, negligent or improper use or unlawful conversion of state 29 property, equipment or funds. 30 (h) Use of any influence which violates the principles of the merit sys- 31 tem in an attempt to secure a promotion or privileges for individual 32 advantage. 33 (i) Conviction of official misconduct in office, or conviction of any 34 felony, or conviction of any other crime involving moral turpitude. 35 (j) Acceptance of gifts in exchange for influence or favors given in the 36 employee's official capacity. 37 (k) Habitual pattern of failure to report for duty at the assigned place 38 and time. 39 (l) Habitual improper use of sick leave privileges. 40 (m) Unauthorized disclosure of confidential information from official 41 records. 42 (n) Absence without leave. 43 (o) Misstatement or deception in the application for the position. 44 (p) Failure to obtain or maintain a current license or certificate law- 45 fully required as a condition for performing the duties of the job. 46 (q) Prohibited participation in political activities. 47 (6) Veteran's preference as provided in title 65, chapter 5, Idaho Code, 48 shall be observed except that entrance probationary periods are governed 49 exclusively by the provisions of this act. 50 67-3541. STATE EMPLOYEE COMPENSATION PHILOSOPHY. (1) It is hereby 51 declared to be the intent of the legislature of the state of Idaho that the 52 goal of a total compensation system for state employees shall be to fund a 53 competitive employee compensation and benefit package that will attract quali- 54 fied applicants to the work force; retain employees who have a commitment to 13 1 public service excellence; motivate employees to maintain high standards of 2 productivity; and reward employees for outstanding performance. 3 (2) The foundation for this philosophy recognizes that state government 4 is a service enterprise in which the state work force provides the most criti- 5 cal role for Idaho citizens. Maintaining a competitive compensation system is 6 an integral, necessary and expected cost of providing the delivery of state 7 services and is based on the following compensation standards: 8 (a) The state's overall compensation system, which includes both a salary 9 and a benefit component when, taken as a whole, shall be competitive with 10 relevant labor market averages. 11 (b) Advancement in pay shall be based on job performance and market 12 changes. 13 (c) Pay for performance shall provide faster salary advancement for 14 higher performers based on a merit increase matrix developed by the bureau 15 of human resources. 16 (d) All employees below the state's midpoint market average in a salary 17 range who are meeting expectations in the performance of their jobs shall 18 move through the pay range toward the midpoint market average. 19 (3) It is hereby declared to be legislative intent that regardless of 20 specific budgetary conditions from year to year, it is vital to fund necessary 21 compensation adjustments each year to maintain market competitiveness in the 22 compensation system. In order to provide this funding commitment in difficult 23 fiscal conditions, it may be necessary to increase revenues, or to prioritize 24 and eliminate certain functions or programs in state government, or to reduce 25 the overall number of state employees in a given year, or any combination of 26 such methods. 27 67-3542. IDAHO COMPENSATION PLAN. (1) The bureau chief of the bureau of 28 human resources shall establish benchmark job classifications and shall assign 29 all classifications to a pay grade utilizing the Hay method of job evaluation. 30 Pay grades established or revised by the bureau chief shall have Hay points 31 appropriately assigned to them to ensure internal equity within the classified 32 service. 33 (2) It shall be the responsibility of each department director to prepare 34 a department salary administration plan and corresponding budget plan that 35 support the core mission of the department and are consistent with the provi- 36 sions of section 67-3541, Idaho Code. 37 (3) Advancement in pay shall be based on performance and be provided in 38 a variety of delivery methods, including ongoing increases and temporary 39 increases. Market-related payline moves may advance all eligible employees as 40 well as the structure to avoid compression in the salary system. 41 (4) Pay for performance shall provide faster salary advancement for 42 higher performers based on a merit increase matrix developed by the bureau of 43 human resources. Such matrix shall be based upon the employee's proximity to 44 the state midpoint market average, and the employee's relative performance. 45 Such matrix may be adapted by each agency to meet its specific needs when 46 approved by the bureau of human resources. 47 (5) No employee shall advance in a salary range without a current perfor- 48 mance evaluation on file certifying that the employee meets the performance 49 criteria of the assigned position. 50 (6) Each employee's work performance shall be evaluated through a format 51 and process approved by the department and the bureau of human resources. The 52 employee shall be evaluated after one thousand forty (1,040) hours of credited 53 state service from the date of initial appointment or promotion, and thereaf- 54 ter be evaluated after each two thousand eighty (2,080) hours of credited 14 1 state service. Employees may be eligible for advancement in pay if certified 2 as meeting the performance requirements of this section. However, such in- 3 grade advancement shall not be construed as a vested right. The department 4 director shall designate in writing whether such in-grade advancement is tem- 5 porary, conditional or permanent. It shall be the specific responsibility of 6 the employee's immediate supervisor to effect the evaluation process. Such 7 evaluation shall be approved by the department director or the director's des- 8 ignee. 9 (7) All supervisors who evaluate state employees shall receive training 10 in the evaluation format and process to assure fairness and consistency in the 11 evaluation process. 12 (8) Notwithstanding any other provision of Idaho Code, it is hereby 13 declared to be the policy of the legislature of the state of Idaho that all 14 classified employees of like classification and pay grade allocation shall be 15 treated in a substantially similar manner with reference to personnel bene- 16 fits. 17 67-3543. ANNUAL SURVEYS, REPORTS AND RECOMMENDATIONS. (1) The bureau 18 chief of the bureau of human resources shall direct or approve annual salary 19 and benefit surveys conducted by the department of labor. 20 (2) A report of the results of the annual salary and benefit surveys and 21 recommendations for changes to meet the requirements of section 67-3542, Idaho 22 Code, together with their estimated costs of implementation, shall be submit- 23 ted to the governor and the legislature not later than October 20 of each 24 year. The recommendations shall include, at a minimum, four (4) components to 25 address the compensation philosophy described in section 67-3541, Idaho Code, 26 and shall include specific funding recommendations for each component: 27 (a) A recommendation for market-related changes necessary to address sys- 28 tem wide structure adjustments to stay competitive with relevant labor 29 markets. Such recommendation may include a market-related payline adjust- 30 ment for all eligible employees, as well as the structure, to avoid com- 31 pression in the salary system. 32 (b) A recommendation for market-related changes necessary to address spe- 33 cific occupational inequities. 34 (c) A recommendation for a merit increase component to recognize and 35 reward state employees in the performance of public service to the citi- 36 zens of Idaho. 37 (d) A recommendation for any changes to the employee benefit package, 38 including any adjustments to the overall design of the benefit package 39 and/or employee contributions. 40 (3) The governor shall submit his own recommendations on proposed changes 41 in salaries and benefits to the legislature prior to the seventh legislative 42 day of each session. Such recommendations shall address, at a minimum, the 43 four (4) components and subsequent funding for each component required in this 44 section. 45 (4) The legislature may, by concurrent resolution, accept, modify or 46 reject the governor's recommendations, but any such action by the legislature, 47 at a minimum, shall address the four (4) components and subsequent funding of 48 each component required in this section. The failure of the legislature to 49 accept, modify or reject the recommendations prior to adjournment sine die 50 shall constitute approval of the governor's recommendations, and such recom- 51 mendations shall be funded through appropriations provided by law. The bureau 52 chief of the bureau of human resources shall implement necessary and autho- 53 rized changes to salary and pay schedule by rule. The administrator of the 54 state of Idaho's insurance plan shall implement necessary and authorized 15 1 changes to benefits. 2 67-3544. OTHER PAY DELIVERY OPTIONS. (1) In addition to pay increases 3 authorized in section 67-3542, Idaho Code, the department director may grant 4 to a classified employee bonus pay not to exceed two thousand dollars ($2,000) 5 in any given fiscal year based upon exemplary performance. Exceptions to the 6 two thousand dollar ($2,000) limit provided in this subsection (1) may be 7 granted in extraordinary circumstances if approved in advance by the state 8 board of examiners. Departments shall submit a report to the division of 9 financial management and the legislative services office by October 1 on all 10 bonuses granted in the preceding fiscal year. 11 (2) In addition to pay increases authorized in section 67-3542, Idaho 12 Code, the department director may grant a classified employee an award payment 13 based upon suggestions or recommendations made by the employee which resulted 14 in taxpayer savings as a result of cost savings or greater efficiencies to the 15 department or to the state of Idaho in excess of the amount of the award, and 16 in compliance with the rules for employee suggestion awards promulgated by the 17 bureau of human resources. The award may be an amount up to twenty-five per- 18 cent (25%) of the amount determined to be the dollar savings to the state, but 19 not in excess of two thousand dollars ($2,000). Exceptions to the two thousand 20 dollar ($2,000) limit provided in this subsection (2) may be granted in 21 extraordinary circumstances if approved in advance by the state board of exam- 22 iners. Departments shall submit a report to the division of financial manage- 23 ment and the legislative services office by October 1 on all employee sugges- 24 tion awards granted in the preceding fiscal year. Such report shall include 25 any changes made as a direct result of an employee's suggestion and savings 26 resulting therefrom. 27 (3) In addition to pay increases authorized in section 67-3542, Idaho 28 Code, the department director may grant a one (1) time award payment to a 29 classified employee for recruitment or annual award pay to a classified 30 employee for retention purposes upon completion of at least six (6) months of 31 achieving performance standards. Departments shall submit a report to the 32 division of financial management and the legislative services office by Octo- 33 ber 1 on all such awards granted in the preceding fiscal year. 34 (4) In addition to pay increases authorized in section 67-3542, Idaho 35 Code, department directors may provide a classified employee other nonperfor- 36 mance related pay as provided in this subsection (4). Departments shall submit 37 a report to the division of financial management and the legislative services 38 office by October 1 on all such awards granted in the preceding fiscal year. 39 (a) Shift differential pay up to twenty-five percent (25%) of hourly 40 rates depending on local market rates in order to attract and retain qual- 41 ified staff. 42 (b) Geographic differential pay in areas of the state where recruitment 43 and retention of qualified staff are difficult due to economic conditions 44 and cost of living. 45 (c) Employees in the same classification who are similarly situated shall 46 be treated consistently in respect to shift differential and geographic 47 pay differential. 48 (5) When necessary to obtain or retain qualified personnel in a particu- 49 lar classification, upon petition of the department to the bureau chief con- 50 taining acceptable reasons therefor, a higher temporary pay grade may be 51 authorized by the bureau chief which, if granted, shall be reviewed annually 52 to determine the need for continuance. 53 (6) In unusual circumstances, with prior approval from the bureau chief, 54 agencies may grant nonperformance related pay to employees, which in no case 16 1 may exceed five percent (5%) of an employee's base pay. Departments shall sub- 2 mit a report to the division of financial management and the legislative ser- 3 vices office by October 1 on all such awards granted in the preceding fiscal 4 year. 5 (7) Specific pay codes shall be established and maintained in the state 6 controller's office to ensure accurate reporting and monitoring of all pay 7 actions authorized in this section. 8 67-3545. SERVICE TO OTHER POLITICAL SUBDIVISIONS. Subject to the approval 9 of the administrator of the division of financial management, agreements may 10 be entered into with any political subdivision of the state of Idaho to fur- 11 nish services and facilities of the bureau and staff to such political subdi- 12 visions in the administration of their personnel on compensation principles. 13 Any such agreement shall provide for reimbursement to the bureau of the rea- 14 sonable cost of the services or facilities furnished as determined by the 15 bureau chief. 16 67-3546. LIMITATION OF POLITICAL ACTIVITY. (1) No classified employee of 17 a state department covered by sections 67-3532 through 67-3561, Idaho Code, 18 shall: 19 (a) Use his official authority or influence for the purpose of interfer- 20 ing with an election to or a nomination for office, or affecting the 21 result thereof; 22 (b) Directly or indirectly coerce, attempt to coerce, command, or direct 23 any other such officer or employee to pay, lend, or contribute any part of 24 his salary or compensation or anything else of value to any party, commit- 25 tee, organization, agency, or person for political purposes; or 26 (c) Be a candidate and hold elective office in any partisan election. 27 (2) All such employees shall retain the right to: 28 (a) Register and vote in any election; 29 (b) Express an opinion as an individual privately and publicly on politi- 30 cal subjects and candidates; 31 (c) Display a political picture, sticker, badge or button; 32 (d) Participate in the nonpartisan activities of a civic, community, 33 social, labor or professional organization, or of a similar organization; 34 (e) Be a member of a political party or other political organization and 35 participate in its activities; 36 (f) Attend a political convention, rally, fund-raising function or other 37 political gathering; 38 (g) Sign a political petition as an individual; 39 (h) Make a financial contribution to a political party or organization; 40 (i) Take an active part, in support of a candidate, in an election; 41 (j) Be politically active in connection with a question which is not spe- 42 cifically identified with a political party, such as a constitutional 43 amendment, referendum, approval of a municipal ordinance or any other 44 question or issue of a similar character; 45 (k) Serve as an election judge or clerk, or in a similar position to per- 46 form nonpartisan duties as prescribed by state or local law; 47 (l) Be a candidate and hold elective office in any nonpartisan election; 48 (m) Take an active part in political organization management; and 49 (n) Otherwise participate fully in public affairs, except as prohibited 50 by law, in a manner which does not materially compromise the neutrality, 51 efficiency or integrity of the employee's administration of state func- 52 tions. 17 1 67-3547. VIOLATIONS. Any person willfully violating any of the provisions 2 of this act or of the rules promulgated thereunder shall be guilty of a mis- 3 demeanor. 4 67-3548. METHOD OF FINANCING. (1) There is hereby created in the state 5 treasury the bureau of human resources fund. All participating departments are 6 hereby authorized and directed to pay out of their funds to the state trea- 7 surer their respective shares of the authorized budget of the bureau. All 8 moneys placed in said fund are hereby perpetually appropriated to the division 9 of financial management for the administrative purposes of this chapter. All 10 expenditures from said fund shall be paid out in warrants drawn by the state 11 controller upon presentation of proper vouchers from the administrator. 12 (2) The bureau shall allocate costs of its operation to each participat- 13 ing department in the same proportion that the amount of the payroll for clas- 14 sified employees of the department bears to the total amount of the payroll 15 for classified employees of all departments combined and averaged as to the 16 basis for allocation of costs. 17 (3) Each participating department shall deposit to said fund on a pay 18 period basis as prescribed by the state controller, an amount equal to its 19 share of the costs of the operation of the human resources bureau according to 20 the cost allocation formula set forth above. Departmental deposits for each 21 succeeding fiscal year shall be at a percentage rate of salaries and wages for 22 positions subject to this act, computed to be sufficient to carry out the 23 intent and all provisions of this act as directed by the legislature. 24 (4) Any moneys in the bureau of human resources fund on the day prior to 25 the effective date of this act shall be transferred to the bureau of human 26 resources fund on the effective date of this act. 27 67-3549. EMPLOYEE PROBLEM SOLVING AND DUE PROCESS PROCEDURES. (1) Each 28 participating department shall establish and adopt an employee problem solv- 29 ing procedure within such department, which shall be reduced to writing and 30 shall be in full compliance with the provisions of the uniform problem solving 31 procedure as adopted by rule by the bureau chief pursuant to subsection (4) of 32 this section. A copy of the problem solving procedure plan shall be furnished 33 and explained to each employee of the department concerned. No employee shall 34 be disciplined or otherwise prejudiced in his employment for exercising his 35 rights under the plan, and department heads shall encourage the use of the 36 plan in the resolution of grievances arising in the course of public employ- 37 ment. A classified employee may file under the problem solving procedure plan 38 any matter, except that compensation shall not be deemed a proper subject for 39 consideration under the problem solving procedure plan except as it applies to 40 alleged inequities within a particular agency or department, and except for 41 termination during the entrance probationary period, and except for those mat- 42 ters set forth in subsection (2) of this section. 43 (2) No action of a participating department relating to a disciplinary 44 dismissal, suspension or demotion, or an involuntary transfer shall be effec- 45 tive until the affected employee shall have received notice and an opportunity 46 to be heard. The employee may then appeal to the Idaho personnel commission 47 those disciplinary matters set forth in section 67-3550(1)(a), Idaho Code. 48 (3) If the filing concerns a matter which is reviewable pursuant to sec- 49 tion 67-3550, Idaho Code, the time for appeal to the commission shall not com- 50 mence to run until the employee has completed the problem solving procedure 51 provided by the department in accordance with the terms thereof or, in the 52 case of disciplinary actions set forth in subsection (2) of this section, 53 until the disciplinary action becomes effective; provided however, the failure 18 1 of an employee to pursue the problem solving procedures established within the 2 department shall constitute a waiver of the employee's right of review by the 3 commission. 4 (4) The bureau of human resources shall adopt a rule defining uniform 5 problem solving and due process procedures for use by all participating 6 departments. With respect to the problem solving procedure, the rule shall 7 provide a complete procedure for all stages of the process, including problem 8 solving meetings with department representatives in the employee's chain of 9 command. With respect to the due process procedure, the rule shall provide 10 that the employee receive notice and an opportunity to be heard before the 11 department decides in favor of disciplinary action. The rule shall also pro- 12 vide for time periods for each step of the procedures. The rule shall provide 13 for the use of an impartial mediator upon agreement between the agency and the 14 employee. The employee shall be entitled to be represented by a person of the 15 employee's own choosing at each step of the procedures, except the initial 16 informal discussion with the immediate supervisor prior to filing under the 17 problem solving procedure. 18 67-3550. APPEAL PROCEDURE. (1) Appeals shall be limited to the following: 19 (a) Any classified employee who has successfully completed the entrance 20 probationary period may, after completing the departmental due process 21 procedure, appeal a disciplinary dismissal, demotion or suspension. 22 (b) Any classified employee may, after completing the departmental prob- 23 lem solving procedure, appeal the failure of an appointing authority to 24 provide a right and/or benefit to which the employee is entitled by law. 25 (c) Any interested person may appeal any decision or action taken by 26 the bureau chief of the bureau of human resources or the staff of the 27 bureau of human resources in the performance of their official duties. 28 (2) The decision or action of the appointing authority shall be final and 29 conclusive unless a classified employee files an appeal within thirty-five 30 (35) days after completing the departmental problem solving or due process 31 procedure concerning the actions referred to in subsections (1)(a), (b) and 32 (c) of this section. A decision of the bureau chief shall be final and conclu- 33 sive as to any other interested person unless an appeal is filed within 34 thirty-five (35) days of written notice of that decision. 35 (3) The commission shall assign the matter for hearing to a duly 36 appointed hearing officer, who may be a member of the commission. 37 (4) Where the action in dispute was the discharge, demotion or suspen- 38 sion, upon determination that proper cause did not in fact exist within the 39 definitions set forth in section 67-3540, Idaho Code, or that the action was 40 taken by reason of illegal discrimination, the commission or the hearing offi- 41 cer shall order the reinstatement of the employee in the same position or a 42 position of like status and pay, with or without loss of pay for the period of 43 discharge, demotion or suspension, or may order such other remedy as may be 44 determined to be appropriate. In all other disputed matters, the commission 45 and the hearing officer may order such action as may be appropriate. 46 (5) Process and procedure under this act shall be as summary and simple 47 as reasonably may be. The hearing officer appointed by the commission shall 48 have the power to subpoena witnesses, administer oaths, and examine such of 49 the books and records of the parties to a proceeding as relate to the ques- 50 tions in dispute. A verbatim record of the proceedings at hearings before the 51 commission or a hearing officer shall be maintained either by electrical 52 devices or by stenographic means, as the commission or hearing officer may 53 direct, but if any party to the action requests a stenographic record of the 54 proceedings, the record shall be done stenographically. The requesting party 19 1 shall pay the costs of transcribing the proceedings. 2 The district court, in and for the county in which any proceedings before 3 the Idaho personnel commission are held, shall have the power to enforce by 4 proper proceedings the attendance and testimony of witnesses, and production 5 and examination of books, papers and records. 6 (6) If the parties reach an agreement in regard to the matters of dis- 7 pute, a memorandum of the agreement shall be filed with the commission and, if 8 approved by it, the memorandum shall be enforceable for all purposes. 9 (7) The hearing officer shall give written notice of the time and place 10 of hearing, either by personal service or by mail. Service by mail shall be 11 deemed complete when a copy of such notice is deposited in the United States 12 post office, with postage prepaid, addressed to a party's last known address, 13 as shown in the records and files of the commission. An affidavit of personal 14 service shall be filed by the person making the same. 15 (8) The hearing officer to whom the matter has been assigned shall make 16 such inquiry and investigations as shall be deemed necessary. The hearings 17 shall be held in such place as the hearing officer may designate. The decision 18 of the hearing officer, consisting of such findings of fact, conclusions of 19 law and orders as are necessary, together with the record of the proceedings, 20 shall be filed in the office of the Idaho personnel commission. A copy of the 21 hearing officer's decision shall be immediately sent to the parties by United 22 States mail. The decision of the hearing officer shall be final and conclusive 23 between the parties, unless a petition for review is filed with the commission 24 within thirty-five (35) days. The petition for review shall specifically cite 25 the alleged errors of fact or law made by the hearing officer. 26 (9) Any party in interest may file in the district court for the county 27 in which any party to the proceedings resides, a certified copy of the final 28 decision of the hearing officer, which the district court shall have the power 29 to enforce by proper proceedings. 30 (10) Where the decision and order of the hearing officer directed the 31 reinstatement of an employee, the employee shall be reinstated upon receipt of 32 a copy of the decision unless a petition for review is filed. 33 67-3551. PETITION FOR REVIEW PROCEDURE. (1) If a petition for review is 34 filed, the personnel commission shall review the record of the proceeding 35 before the hearing officer, briefs submitted in accordance with any briefing 36 schedule it orders, and any transcripts submitted of the hearing in this sec- 37 tion. The commission may grant the parties the opportunity to present oral 38 argument, but need not do so if the record clearly shows that the commission 39 or the hearing officer lacks jurisdiction over the appeal or petition for 40 review. The personnel commission may affirm, reverse or modify the decision of 41 the hearing officer, may remand the matter, or may dismiss it for lack of 42 jurisdiction. 43 (2) Any party in interest may file in the district court for the county 44 in which any party to the proceedings resides, a certified copy of the deci- 45 sion of the commission, which the district court shall have the power to 46 enforce by proper proceedings. 47 (3) A decision of the commission shall be final and conclusive between 48 the parties unless, within forty-two (42) days of the filing of such decision, 49 either party appeals to the district court. Where the decision of the person- 50 nel commission directed the reinstatement of an employee, the employee shall 51 be reinstated upon receipt of a copy of the decision unless a stay of the 52 order be granted by the district court upon proper petition. 53 67-3552. APPEAL TO DISTRICT COURT. Upon the appeal of a decision of the 20 1 commission, the district court may affirm, or set aside and remand the matter 2 to the commission upon the following grounds, and shall not set the same aside 3 on any other grounds: 4 (1) That the findings of fact are not based on any substantial, competent 5 evidence; 6 (2) That the commission has acted without jurisdiction or in excess of 7 its powers; 8 (3) That the findings of fact by the commission do not as a matter of law 9 support the decision. 10 67-3553. HOURS OF WORK AND OVERTIME. (1) It is hereby declared to be the 11 policy of the legislature of the state of Idaho that all classified employees 12 shall be treated substantially similar with reference to hours of employment. 13 The policy of this state as declared in this act shall not restrict the exten- 14 sion of regular work hour schedules on an overtime basis in those activities 15 and duties where such extension is necessary and authorized, provided that 16 overtime work performed under such extension is compensated for as hereinafter 17 provided. 18 (2) The appointing authority of any department shall determine the neces- 19 sity for overtime work and shall provide for cash compensation or compensatory 20 time off for such overtime work for eligible classified officers and employ- 21 ees, subject to the restrictions of applicable federal law. 22 (3) Cash for overtime and compensatory time shall be paid based on the 23 following criteria: 24 (a) Classified and nonclassified officers and employees who fall within 25 one (1) or more of the following categories are ineligible for cash com- 26 pensation or compensatory time for overtime work: 27 (i) Elected officials; or 28 (ii) Those included in the definition of section 67-3534(10), Idaho 29 Code. 30 (b) Classified and nonclassified employees who are designated as execu- 31 tive, as provided in section 67-3533, Idaho Code, and who are not included 32 in the definition of subsection (3)(a) of this section, shall be ineligi- 33 ble for compensatory time or cash compensation for overtime work. Such 34 salaried employees shall report absences in excess of one-half (1/2) day. 35 Unused compensatory time balances in excess of two hundred forty (240) 36 hours as of the date of enactment of this act shall be forfeited on Decem- 37 ber 31, 2008. Employees who become executives within their current agency 38 as set forth in section 67-3533(11), Idaho Code, shall have six (6) months 39 from the date of appointment to use any compensatory time balance. After 40 six (6) months, any remaining compensatory time shall be forfeited. Com- 41 pensatory time is not transferable and shall be forfeited at the time of 42 transfer to another appointing authority or upon separation from state 43 service. 44 (c) Classified and nonclassified employees who are designated as adminis- 45 trative, professional, computer worker or other exemptions as provided in 46 the federal fair labor standards act, and who are not included in the 47 definition of either subsection (3)(a) or (3)(b) of this section, shall be 48 ineligible for cash compensation for overtime work unless cash payment is 49 authorized by the state board of examiners for overtime accumulated during 50 unusual or emergency situations, but such classified and nonclassified 51 employees shall be allowed compensatory time off from duty for overtime 52 work. Such compensatory time shall be earned and allowed on a one (1) hour 53 for one (1) hour basis, shall not be transferable, and shall be forfeited 54 at the time of transfer to another appointing authority or upon separation 21 1 from state service. Compensatory time may be accrued and accumulated to a 2 maximum of two hundred forty (240) hours. Effective July 1, 2007, compen- 3 satory time balances in excess of two hundred forty (240) hours will not 4 continue to accrue until the balance is below the maximum. On June 15, 5 2008, all hours in excess of two hundred forty (240) hours shall be for- 6 feited. 7 (d) Classified employees who are not designated as executive, administra- 8 tive, professional, computer worker or other exceptions as provided in the 9 federal fair labor standards act or as provided in this section, and who 10 are not included in the definition of subsection (3)(a) of this section, 11 shall be eligible for cash compensation or compensatory time off from duty 12 for overtime work, subject to the restrictions of applicable federal law. 13 Compensatory time off may be provided in lieu of cash compensation at the 14 discretion of the appointing authority after consultation, in advance, 15 with the employee. Compensatory time off shall be paid at the rate of one 16 and one-half (1 1/2) hours for each overtime hour worked. Compensatory 17 time off which has been earned during any one-half (1/2) fiscal year but 18 not taken by the end of the succeeding one-half (1/2) fiscal year, shall 19 be paid in cash on the first payroll following the close of such succeed- 20 ing one-half (1/2) fiscal year. Compensatory time not taken at the time of 21 transfer to another appointing authority or upon separation from state 22 service shall be liquidated at the time of such transfer or separation by 23 payment in cash. 24 (e) Notwithstanding the above, employees may be paid for overtime work 25 during a disaster or emergency with approval of the board of examiners. 26 (4) Cash compensation for overtime, when paid, shall be at one and one- 27 half (1 1/2) times the hourly rate of that officer's or employee's salary or 28 wage, except for those employees whose positions fall within the definitions 29 of executive, administrative, professional or computer worker or other excep- 30 tions as provided in the federal fair labor standards act as stated in sec- 31 tion 67-3533, Idaho Code, who will be paid at their regular hourly rate of pay 32 as provided for in subsection (3) of this section. 33 (5) Except as provided for in subsection (3) of this section, compensa- 34 tion for authorized overtime work shall be made at the completion of the pay 35 period next following the pay period in which the overtime work occurred and 36 shall be added to the regular salary payment. 37 67-3554. CREDITED STATE SERVICE -- APPLICABILITY -- COMPUTATION. (1) For 38 the purposes of payroll, vacation or annual leave, sick leave and other appli- 39 cable purposes, credited state service shall be earned by: 40 (a) Classified officers and employees of any department, commission, 41 division, agency or board of the executive department; 42 (b) Such other classified officers and employees as may be prescribed by 43 law or by order of the state board of examiners. 44 (2) Service in the employ of any of the following units of government, or 45 other similar units, shall not earn credited state service: counties, cities, 46 school districts, community college districts, irrigation districts and high- 47 way districts. Service as an independent contractor or consultant is not state 48 service. 49 (3) One (1) hour of credited state service shall be earned by each eligi- 50 ble state officer or employee for each hour, or major fraction thereof, worked 51 or on approved leave as provided in subsection (4) of this section. 52 (4) Credited state service shall be earned when on approved leave with 53 pay, on approved vacation leave, approved military leave, on approved sick 54 leave, and holiday leave, but not when compensatory time is taken. 22 1 (5) Service for retirement purposes shall be as provided in chapter 13, 2 title 59, Idaho Code. 3 67-3555. SICK LEAVE. (1) Sick leave shall be computed as follows: 4 (a) The rate per hour at which sick leave shall accrue to classified 5 officers and employees earning credited state service shall be at the rate 6 represented by the proportion 96/2080. Sick leave shall accrue without 7 limit, and shall be transferable from department to department. 8 (b) Sick leave shall not accrue to any officer or employee on any kind of 9 leave of absence without pay, suspension without pay or layoff. Sick leave 10 shall accrue while an officer or employee is on approved leave with pay, 11 on approved vacation leave, on approved military leave with pay, and on 12 approved sick leave, but not when compensatory time is taken. 13 (c) All accrued sick leave shall be forfeited at the time of separation 14 from state service and no officer or employee shall be reimbursed for 15 accrued sick leave at the time of separation, except as provided in sub- 16 section (2) of this section. If such officer or employee returns to cred- 17 ited state service within three (3) years of such separation, all sick 18 leave credits accrued at the time of separation shall be reinstated, 19 except to the extent that unused sick leave was utilized for the purposes 20 specified in subsection (2) of this section. 21 (d) Sick leave shall be taken on a workday basis. Regularly scheduled 22 days off and officially designated holidays falling within a period of 23 sick leave shall not be counted against sick leave. Sick leave shall not 24 be taken in advance of being earned and shall be taken only in pay periods 25 subsequent to being earned. 26 (e) In cases where absences for sick leave exceed three (3) consecutive 27 working days, the appointing authority may require verification by a phy- 28 sician or other authorized practitioner. 29 (f) If an absence for illness or injury extends beyond the sick leave 30 accrued to the credit of the officer or employee, the officer or employee 31 may be granted leave without pay. 32 (g) The bureau chief shall prescribe additional requirements for sick 33 leave for classified officers and employees on a part-time or irregular 34 schedule, for maintaining sick leave records, for funeral leave, and such 35 other applicable purposes as necessary. 36 (2) Unused sick leave may be used as follows: 37 (a) Upon separation from state employment by retirement in accordance 38 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an 39 employee's unused sick leave shall be determined based on accumulated sick 40 leave earned subsequent to July 1, 1976, and shall be reported by the 41 employer to the public employee retirement system. Upon separation from 42 state employment by retirement in accordance with chapter 20, title 1, 43 Idaho Code, an employee's unused sick leave shall be determined based on 44 accumulated sick leave earned subsequent to July 1, 2000, and shall be 45 reported by the employer to the public employee retirement system. A sum 46 equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of 47 this subsection (2), whichever is the lesser, of the monetary value of 48 such unused sick leave, calculated at the rate of pay for such employee at 49 the time of retirement, as determined by the retirement board, shall be 50 transferred from the sick leave account provided by paragraph (c) of this 51 subsection (2) and shall be credited to such employee's retirement 52 account. Such sums shall be used by the Idaho public employee retirement 53 board to pay premiums, subject to applicable federal tax limits, for such 54 group health, dental, vision, long-term care, prescription drug and life 23 1 insurance programs as may be maintained by the state, to the extent of the 2 funds credited to the employee's account pursuant to this section. Upon an 3 employee's death, any unexpended sums remaining in the account shall 4 revert to the sick leave account. 5 (b) For the purposes of determining the monetary value of unused sick 6 leave, the maximum unused sick leave which may be considered, shall be: 7 (i) During the first ten thousand four hundred (10,400) hours of 8 credited state service, the maximum unused sick leave which may be 9 considered shall be four hundred twenty (420) hours; 10 (ii) During the second ten thousand four hundred (10,400) hours of 11 credited state service, the maximum unused sick leave which may be 12 considered shall be four hundred eighty (480) hours; 13 (iii) During the third ten thousand four hundred (10,400) hours of 14 credited state service, the maximum unused sick leave which may be 15 considered shall be five hundred forty (540) hours; and 16 (iv) Thereafter, the maximum unused sick leave which may be consid- 17 ered shall be six hundred (600) hours. 18 (c) Each employer in state government shall contribute to a sick leave 19 account maintained by the public employee retirement system exclusively 20 for the purpose of the provisions of this section. The rate of such con- 21 tribution each pay period shall consist of a percentage of employees' sal- 22 aries as determined by the board, and such rate shall remain in effect 23 until next determined by the board. Any excess balance in the sick leave 24 account shall be invested, and the earnings therefrom shall accrue to the 25 sick leave account except for the amount required by the board to defray 26 administrative expenses. All moneys payable to the sick leave account are 27 hereby perpetually appropriated to the board, and shall not be included in 28 its departmental budget. The state insurance fund and public health dis- 29 tricts shall be considered employers in state government for purposes of 30 participation under this section. 31 67-3556. VACATION TIME. (1) Vacation time shall be computed as follows: 32 (a) Vacation time shall not accrue to any officer or employee on any kind 33 of leave of absence without pay, suspension without pay or layoff. Vaca- 34 tion leave shall accrue while an officer or employee is on approved leave 35 with pay, on approved vacation leave, on approved military leave with pay, 36 and on approved sick leave, but not when compensatory time is taken. 37 (b) The rate per hour at which vacation leave shall accrue to eligible 38 classified officers and employees earning credited state service who are 39 covered and nonexempt under the federal fair labor standards act shall be 40 at the rate represented by the proportion 96/2080 during the first ten 41 thousand four hundred (10,400) hours of credited state service; at the 42 rate represented by the proportion 120/2080 during the second ten thousand 43 four hundred (10,400) hours of credited state service; at the rate repre- 44 sented by the proportion 144/2080 during the third ten thousand four 45 hundred (10,400) hours of credited state service; and at the rate repre- 46 sented by the proportion 168/2080 thereafter. 47 (c) Classified officers and employees earning credited state service and 48 defined as an exempt "professional," "administrative," or "computer 49 worker" under the federal fair labor standards act or who are designated 50 as exempt under any other complete exemption in federal law shall be at 51 the rate represented by the proportion 120/2080 during the first ten thou- 52 sand four hundred (10,400) hours of credited state service; at the rate 53 represented by the proportion 144/2080 during the second ten thousand four 54 hundred (10,400) hours of credited state service; and at the rate repre- 24 1 sented by the proportion 168/2080 thereafter. 2 (d) Classified officers and employees earning credited state service and 3 defined as an exempt "executive" under section 67-3533, Idaho Code, shall 4 be at the rate represented by the proportion 200/2080. 5 (2) Eligibility and use of vacation time shall be determined as follows: 6 (a) An appointing authority shall permit each officer or employee to take 7 vacation leave to the extent such leave has accrued. 8 (b) Vacation leave may be accrued and accumulated only as follows, unless 9 amounts in excess of the permitted accumulations have been expressly 10 authorized in writing by the board of examiners during unusual or emer- 11 gency situations: 12 During the first ten thousand four hundred (10,400) hours of credited 13 state service, vacation leave may be accrued and accumulated to a maximum of 14 one hundred ninety-two (192) hours; employees classified as "executive" under 15 section 67-3533, Idaho Code, may accrue and accumulate vacation leave to a 16 maximum of two hundred (200) hours during this period; 17 During the second ten thousand four hundred (10,400) hours of credited 18 state service, vacation leave may be accrued and accumulated to a maximum of 19 two hundred forty (240) hours; 20 During the third ten thousand four hundred (10,400) hours of credited 21 state service, vacation leave may be accrued and accumulated to a maximum of 22 two hundred eighty-eight (288) hours; 23 After thirty-one thousand two hundred (31,200) hours of credited state 24 service, vacation leave may be accrued and accumulated to a maximum of three 25 hundred thirty-six (336) hours. 26 (c) Vacation leave shall be transferable from department to department 27 only to the extent that it is accrued and accumulated. 28 (d) Vacation leave shall not be earned, accrued or accumulated during any 29 pay period in which the maximum accruals and accumulations provided by 30 this section have been met. 31 (e) Vacation leave not taken shall be compensated for at the time of sep- 32 aration only to the maximum accruals and accumulations allowed by this 33 section. 34 (f) Vacation leave shall be taken on a workday basis. Regularly scheduled 35 days off and officially designated holidays falling within a period of 36 vacation leave shall not be counted against vacation leave. Vacation leave 37 shall not be taken in advance of being earned and shall only be taken in 38 pay periods subsequent to being earned. 39 (g) With the approval of the appointing authority for both the transfer- 40 ring and receiving officer or employee, an officer or employee may trans- 41 fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal 42 year, to another officer or employee for purposes of sick leave in the 43 event the receiving officer or employee or a family member suffers from a 44 serious illness or injury. The amount transferred shall be converted to 45 sick leave. An officer or employee shall not be allowed to receive more 46 than one hundred sixty (160) hours of transferred leave per fiscal year, 47 and a transfer shall not occur until the receiving employee has exhausted 48 all of his or her accrued sick and vacation leave. An officer or employee 49 shall not be eligible to transfer vacation leave unless his or her balance 50 exceeds eighty (80) hours, and in no event may an officer or employee 51 transfer an amount of accrued leave which would result in an accrued bal- 52 ance of less than eighty (80) hours. 53 (3) Upon separation from state employment and to the limits allowed by 54 subsection (2) of this section, all classified officers and employees shall 55 receive a lump sum payment for accrued but unused vacation leave at the hourly 25 1 rate of pay of that officer or employee. 2 67-3557. MOVING EXPENSE REIMBURSEMENT. In order for the state to attract 3 and retain professional staff, it may be necessary to defray normal intrastate 4 and interstate moving expenses. The head of any department, office or institu- 5 tion of the state shall have the authority to decide whether or not to reim- 6 burse moving expenses for current or newly-hired state employees on a case-by- 7 case basis up to ten percent (10%) of the employee's base salary or fifteen 8 thousand dollars ($15,000), whichever is less, and in compliance with rules 9 for the reimbursement of moving expenses promulgated by the bureau of human 10 resources. Exceptions to the maximum moving expense reimbursement may be 11 granted if approved in advance by the department director. Agencies shall sub- 12 mit a report to the division of financial management and the legislative ser- 13 vices office by October 1 on all moving expense reimbursements granted in the 14 preceding fiscal year. 15 67-3558. RED CROSS DISASTER SERVICES. An employee of the state of Idaho, 16 who is a certified disaster service volunteer, shall be granted paid leave for 17 an aggregate of up to one hundred twenty (120) work hours, consecutively or 18 nonconsecutively, in any twelve (12) month period to participate in disaster 19 relief services for the American red cross. Such leave shall be limited to 20 services related to a disaster of level III, or higher, upon the declaration 21 of the governor or the president of the United States, and shall be in the 22 state of Idaho or a state contiguous to the state of Idaho. The request shall 23 be in writing from an official of the American red cross for such employee's 24 services. Leave for disaster services shall be in addition to other paid leave 25 or vacation time provided to employees. Part-time employees shall be entitled 26 to leave under this section based on the proportion they work of a forty (40) 27 hour week. 28 67-3559. LEAVE OF ABSENCE WITH PAY IN LIEU OF WORKER'S COMPENSATION BENE- 29 FITS. (1) Whenever any employee of the state of Idaho who is categorized as a 30 police officer for retirement purposes pursuant to section 59-1302A, Idaho 31 Code, is physically disabled by a serious injury arising out of and in the 32 course of his duties, and the injury is induced by a second party, he shall be 33 entitled, regardless of his period of service with the department, to a leave 34 of absence while so disabled without loss of salary or benefits for a period 35 of not more than one (1) year. Any worker's compensation payments made to the 36 employee shall revert back to the employee's department. For the purposes of 37 this section, "serious injury" means an injury which renders the police offi- 38 cer incapable of performing the regularly assigned duties of his regular 39 employment position or office and "injury induced by a second party" means an 40 injury induced by the negligent, malicious or intentional act or omission of 41 another person during a chargeable misdemeanor or felony. 42 (2) It shall be the duty of the director of the applicable department to 43 determine whether or not the disability referred to in subsection (1) of this 44 section arose out of and in the course of duty. The director of the applicable 45 department shall also determine when such disability ceases. 46 (3) Payment of salary pursuant to this section shall not preclude the 47 disabled police officer from receiving regular medical, surgical or hospital 48 coverage as provided pursuant to section 67-5761, Idaho Code. 49 (4) If a police officer is disabled for more than one (1) year then the 50 regular disability insurance provisions of the Idaho Code shall apply to any 51 period of disability beyond the one (1) year period of disability covered by 52 this section. 26 1 (5) The provisions of this section shall not apply to periods of disabil- 2 ity which occur subsequent to termination of employment by resignation, 3 retirement or dismissal. When the provisions of this section do not apply, 4 the employee shall be eligible for those benefits which would apply if this 5 section had not been enacted. 6 67-3560. SEVERANCE PAY FOR STATE EMPLOYEES. Upon termination from state 7 service, no classified or nonclassified employee shall be eligible for sever- 8 ance pay and no employer shall provide or pay severance pay to such an 9 employee or former employee. As used in this section, "severance pay" shall 10 mean money, exclusive of wages or salary, vacation leave payoff and, compensa- 11 tory time leave payoff paid to a classified or nonclassified employee who 12 resigns from state service of his own volition and not under duress. 13 67-3561. LEAVE OF ABSENCE FOR ORGAN DONATION. (1) A full-time employee 14 shall be granted a leave of absence for the time specified for the following 15 purposes: 16 (a) Five (5) workdays to serve as a bone marrow donor if the employee 17 provides the appointing authority written verification that the employee 18 is to serve as a bone marrow donor; and 19 (b) Thirty (30) workdays to serve as a human organ donor if the employee 20 provides the appointing authority written verification that the employee 21 is to serve as a human organ donor. 22 (2) An employee who is granted a leave of absence pursuant to the provi- 23 sions of this section shall receive his compensation without interruption dur- 24 ing the leave of absence. For purposes of determining longevity, performance, 25 pay advancement and performance awards and for receipt of any benefit that may 26 be affected by a leave of absence, the service of the employee shall be con- 27 sidered uninterrupted by the leave of absence. 28 (3) The appointing authority shall not penalize an employee for request- 29 ing or obtaining a leave of absence pursuant to the provisions of this sec- 30 tion. 31 (4) The leave authorized by this section may be requested by the employee 32 only if the employee is the person who is serving as the donor. 33 SECTION 4. That Section 33-2203, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 33-2203. FURTHER POWERS OF BOARD. It shall have full power to formulate 36 plans for the promotion of professional-technical education in such subjects 37 as are an essential and integral part of the public school system of the state 38 of Idaho, and to provide for the preparation of teachers of such subjects. It 39 shall have full power to fix the compensation of such officials and assistants 40 as may be necessary to administer the federal act herein referred to, and to 41 pay such compensation and other necessary expenses of administration from 42 funds appropriated in this chapter and from money received under the provi- 43 sions of the federal act. It shall have authority to make studies and investi- 44 gations relating to professional-technical education in such subjects, to pro- 45 mote and aid in the establishment of local communities of schools, departments 46 or classes, giving training in such subjects; to cooperate with the local com- 47 munities in the maintenance of such schools, departments or classes; to pre- 48 scribe qualifications for teachers, directors and supervisors for such sub- 49 jects, and to have full authority to provide for the certification of such 50 teachers, directors and supervisors, subject to the laws and rules governing 51 the state board of education; to cooperate in the maintenance of classes sup- 27 1 ported and controlled by the public for the preparation of teachers, directors 2 and supervisors of such subjects, or to maintain such classes under its own 3 direction and control; to establish and determine by general rule the qualifi- 4 cations to be possessed by persons engaged in the training of professional- 5 technical teachers. The board shall also provide for training of state employ- 6 ees in employee evaluation, dispute resolution, stress management, in supervi- 7 sion, and in other human resource related subjects and topics. 8 SECTION 5. That Section 67-1001, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-1001. DUTIES OF CONTROLLER. It is the duty of the state controller: 11 (1) To superintend the fiscal concerns of the state, with its accounting, 12 informational, payroll, and related data processing services. 13 (2) To deliver to the governor and the legislative services office on or 14 before the first day of January, a financial statement, which complies with 15 generally accepted accounting principles, of the funds of the state, its reve- 16 nues, and of the public expenditures during the preceding fiscal year. 17 (3) When requested, to give information in writing to either house of the 18 legislature relating to the fiscal affairs of the state or the duties of his 19 office. 20 (4) To suggest plans and provide internal control standards for the 21 improvement and management of the public revenues, assets, expenditures and 22 liabilities. 23 (5) To keep and state all accounts in which the state is interested. 24 (6) To keep an account of all warrants drawn upon the treasurer, and a 25 separate account under the head of each specified appropriation, showing at 26 all times the unexpended balance of such appropriation. 27 (7) To keep an account between the state and the treasurer, and therein 28 charge the treasurer with the balance in the treasury when he came into 29 office, and with all moneys received by him, and credit him with all warrants 30 drawn on and paid by him. 31 (8) To keep a register of warrants, showing the fund or funds upon which 32 they are drawn, the number, in whose favor, the appropriation applicable to 33 the payment thereof, and when the liability accrued. 34 (9) To examine and settle the accounts of all persons indebted to the 35 state. 36 (10) In his discretion to require any person presenting an account for 37 settlement to be sworn before him, and to answer, orally or in writing, as to 38 any facts relating to it. 39 (11) To require all persons who have received any moneys belonging to the 40 state and have not accounted therefor to settle their accounts. 41 (12) To account for the collection of all moneys due the state, not the 42 responsibility of any other agency and institute suits in its name for all 43 official delinquencies in relation to assessment, collection and payment of 44 the revenue, and against persons who by any means have become possessed of 45 public money or property and fail to pay over or deliver the same, and against 46 all debtors of the state, of which suits the courts of AdaCcounty have juris- 47 diction, without regard to the residence of the defendants. 48 (13) To draw warrants on the treasurer for the payment of moneys directed 49 by law to be paid out of the treasury; but no warrant must be drawn unless 50 authorized by law. 51 (14) To furnish the state treasurer with a daily total dollar amount, by 52 fund, and/or account when requested by the state treasurer, of warrants drawn 53 upon the treasury. 28 1 (15) To authenticate with his signature, his electronic signature, or his 2 facsimile signature all warrants drawn by him, and all copies of official doc- 3 uments issued from his office. 4 (16) To charge the state treasurer with money and evidences of indebted- 5 ness received from and credit him for money drawn by the state board of land 6 commissioners in the moneys or accounts over which said board has control. 7 (17) To act ex officio as member of the board of canvassers and state 8 board of land commissioners, secretary of the state board of examiners, and 9 participant in other organizations in the performance of such duties as pre- 10 scribed by law for such officer. 11 (18) To create and establish such divisions and other administrative units 12 within the office as necessary. 13 (19) To identify actions on Idaho's paperless online personnel/payroll 14 system (IPOPS) that do not meet Idaho Code statutes or rules of the bureau 15 of human resources and alert the division of financial management for fur- 16 ther review. Reports from the Idaho business intelligence system (IBIS) shall 17 assist with post-audit review of IPOPS action. 18 SECTION 6. That Chapter 13, Title 72, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 20 ignated as Section 72-1345A, Idaho Code, and to read as follows: 21 72-1345A. DUTIES REGARDING EMPLOYMENT IN CLASSIFIED STATE POSITIONS. (1) 22 The department shall assist state government agencies in filling employment 23 openings for classified officers and employees on the basis of open competi- 24 tive merit examinations or evaluations. An application will be accepted after 25 the closing date from a person who was serving in the armed forces, or under- 26 going service-connected hospitalization up to one (1) year following dis- 27 charge. The application must be submitted within one hundred twenty (120) days 28 of separation from the armed forces or hospitalization and prior to the expi- 29 ration of the register established as a result of the examination. A disabled 30 veteran may file an application at any time up until a selection has been made 31 for any position for which the department maintains a register as a source 32 for future job openings or for which a register is about to be established, 33 provided he or she has not already been examined twice for the same position 34 and grade for which application is made, does not have current eligibility on 35 that register, or is not serving in a competitive position in the same grade 36 for which application is made. Examinations may be assembled or unassembled 37 and may include various examining techniques such as rating of training and 38 experience, written tests, oral interviews, recognition of professional 39 licensing, performance tests, investigations and any other measure of ability 40 to perform the duties of the position. Examinations shall be scored objec- 41 tively. Five (5) percentage points shall be added to the earned rating of any 42 veteran as defined in section 65-502, Idaho Code, and the widow or widower of 43 any veteran as defined in section 65-502, Idaho Code, as long as he or she 44 remains unmarried. Pursuant to section 65-504, Idaho Code, ten (10) percentage 45 points shall be added to the earned rating of any disabled veteran as defined 46 in section 65-502, Idaho Code, the widow or widower of any disabled veteran as 47 long as he or she remains unmarried or the spouse of any eligible disabled 48 veteran who cannot qualify for any public employment because of a service-con- 49 nected disability. 50 (2) Employment registers shall be established by the department in order 51 of final score except that the names of all five (5) and ten (10) percentage 52 point preference eligibles resulting from any merit system or civil service 53 examination shall be placed on the register in accordance with their augmented 29 1 rating. Certification of eligibility for appointment to vacancies shall be in 2 accordance with a formula which limits selection by the hiring department from 3 among the ten (10) top ranking available eligibles plus the names of all indi- 4 viduals with scores identical to the tenth ranking eligible on the register. A 5 register with at least five (5) eligibles shall be adequate. Selective certi- 6 fication shall be permitted when justified by the hiring department, under 7 rules to be made by the bureau of human resources defining adequate justifica- 8 tion based on the duties and requirements of the positions. 9 (3) An interagency promotion shall be made through competitive examina- 10 tion or evaluation and all qualified state employees shall have the opportu- 11 nity to compete for such promotions. If an employee's name appears within cer- 12 tifiable range on a current register for a higher classification, he shall be 13 eligible for a transfer and promotion. 14 (4) The department shall maintain registers with reemployment preference 15 for classified employees who have been laid off pursuant to a reduction in 16 force. 17 (5) If the department provides customized services to any participating 18 department, the department shall bill the participating department for the 19 actual cost of the customized services. All participating departments are 20 hereby authorized and directed to pay out of their funds the actual cost of 21 customized services provided to them by the department. The term 22 "participating department" shall be defined in accordance with section 23 67-3533(20), Idaho Code. 24 (6) At the direction and schedule determined by the bureau of human 25 resources, the department shall conduct annual salary and benefit surveys 26 within relevant labor markets to compare salary and benefit packages that 27 represent competitive labor market average rates and benefits provided by pri- 28 vate industry and other governmental units for use by the bureau of human 29 resources. 30 (7) The department shall maintain an automated system for recruiting and 31 tracking applicants for classified positions. 32 (8) Appeal rights from actions taken by the department pursuant to this 33 section shall be limited to examination or evaluation scoring. Any competi- 34 tor, by written request to the department, may appeal the competitor's own 35 score within fifteen (15) calendar days after notice of the scoring result was 36 sent to the competitor. When an appeal is timely filed, the department shall 37 review the test, may change the score and may take any other actions necessary 38 to ensure the integrity and quality of the testing process. The actions taken 39 by the department on the competitor's appeal shall constitute a final agency 40 action not subject to judicial review. The contested case provisions of the 41 Idaho administrative procedure act, chapter 52, title 67, Idaho Code, shall 42 not be applicable. 43 SECTION 7. That Section 9-348, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 9-348. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER 46 LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5), 47 (6), (7), (8) and (9) of this section, in order to protect the privacy of 48 those who deal with public agencies or an independent public body corporate 49 and politic: 50 (a) No agency or independent public body corporate and politic may dis- 51 tribute or sell for use as a mailing list or a telephone number list any 52 list of persons without first securing the permission of those on the 53 list; and 30 1 (b) No list of persons prepared by the agency or independent public body 2 corporate and politic may be used as a mailing list or a telephone number 3 list except by the agency or independent public body corporate and politic 4 or another agency without first securing the permission of those on the 5 list. 6 (2) Except as may be otherwise provided in this chapter, this section 7 does not prevent an individual from compiling a mailing list or a telephone 8 number list by examination or copying of public records, original documents or 9 applications which are otherwise open to public inspection. 10 (3) The provisions of this section do not apply to the lists of regis- 11 tered electors compiled pursuant to title 34, Idaho Code, or to lists of the 12 names of employees governed bychapter 53, title 67sections 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 generalaccountfund. 43 SECTION 8. That Section 19-870, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection 46 (2) of this section, the state appellate public defender, upon appointment by 47 the court, shall provide representation for indigent defendants in felony 48 criminal actions in the following cases: 49 (a) Appeals from convictions in district court, where the appellant was 50 convicted on or after September 1, 1998; 51 (b) Appeals from the district court in post-conviction relief proceedings 52 brought pursuant to the uniform post-conviction procedure act, chapter 49, 53 title 19, Idaho Code, where the denial of the post-conviction relief 31 1 occurred on or after September 1, 1998; 2 (c) Appeals from the district court in habeas corpus proceedings brought 3 pursuant to chapter 42, title 19, Idaho Code, where the petition was 4 denied on or after September 1, 1998; 5 (d) Post-conviction relief proceedings in district court in capital cases 6 where the appellant was sentenced on or after September 1, 1998, or where 7 the court has appointed the state appellate public defender or the state 8 appellate public defender has accepted the request by the court for repre- 9 sentation in the case and such event occurred on or after July 1, 1998, 10 but before March 1, 1999. 11 (2) The services of the state appellate public defender shall be avail- 12 able only to those counties participating in the capital crimes defense fund 13 established pursuant to section 19-863A, Idaho Code. 14 (3) The state appellate public defender may employ deputy state appellate 15 public defenders and other employees necessary to carry out the responsibili- 16 ties of the office. The state appellate public defender, in his discretion, 17 may contract with private attorneys to provide representation on a case-by- 18 case basis when such contracts would conserve budgetary resources. 19 (a) A deputy state appellate public defender must be licensed to practice 20 law in the state of Idaho and possess any other qualifications required by 21 the state appellate public defender. 22 (b) The state appellate public defender shall fix the compensation of all 23 employees of the office and they shall serve at his pleasure. 24 (c) The state appellate public defender, deputy state appellate public 25 defenders and all employees of the office of the state appellate public 26 defender shall be nonclassified employees, pursuant to section 27 67-53033534, Idaho Code. 28 (4) The state appellate public defender shall have any and all other 29 powers and duties necessary to carry out the purposes of this act, including 30 the authority to promulgate rules in accordance with the provisions of chapter 31 52, title 67, Idaho Code. 32 SECTION 9. That Section 20-214, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 20-214. ASSISTANTS AND OFFICERS. The state board of correction shall have 35 power and authority to employ, to specify the training, and to fix the duties 36 of such assistants, officers and other persons necessary for the proper and 37 efficient administration of the department of correction and the property used 38 in connection therewith, for the administration of the parole and probation 39 system, and generally for the carrying out of the provisions of this act, sub- 40 ject to the provisions ofchapter 53, title 67sections 67-3532 through 41 67-3561, Idaho Code. 42 SECTION 10. That Section 21-142, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 21-142. POWERS AND DUTIES OF BOARD. The Idaho transportation board shall 45 be vested with the functions, powers and duties relating to the provisions of 46 this act and shall have power to: 47 (1) Contract in the name of the state with respect to the rights, powers 48 and duties vested in the board by this act. 49 (2) Locate, design, construct, reconstruct, alter, extend, repair and 50 maintain state aeronautical facilities when determined by the board to be in 51 the public interest. 32 1 (3) Establish standards for the location, design, construction, recon- 2 struction, alteration, extension, repair and maintenance of state aeronautical 3 facilities. 4 (4) Make annually on or before the first day of December of each year, 5 and at such other times as the governor may require, reports in writing to the 6 governor concerning the condition, management and financial transactions of 7 the transportation department. 8 (5) Purchase, condemn or otherwise acquire, and exchange any real prop- 9 erty, either in fee or in any lesser estate or interest, rights-of-way, ease- 10 ments and other rights together with rights of direct access from the property 11 abutting aeronautical facilities, deemed necessary by the board for present or 12 future aeronautical purposes. The order of the board that the land sought is 13 necessary for such use shall be prima facie evidence of such fact. 14 (6) Cooperate with, receive and expend grants from the federal govern- 15 ment, and receive and expend gifts and grants from other sources for the con- 16 struction and improvement of any aeronautical facility and, when authorized or 17 directed by any act of congress or any rule or regulation of any agency of the 18 federal government, expend funds so donated or granted. 19 (7) Contract jointly with counties, municipalities and other public agen- 20 cies for the improvement and construction of aeronautical facilities. 21 (8) Expend funds for the construction, maintenance and improvement of 22 publicly owned aeronautical facilities. 23 (9) Prescribe rules and regulations affecting aeronautical facilities, 24 and enforce compliance therewith. 25 (10) Cooperate financially or otherwise with any other state, county or 26 city of any other state, or with any foreign country or any province or dis- 27 trict of any foreign country, or with the government of the United States, or 28 any agency thereof, or private agencies or persons, or with any or all thereof 29 for the erecting, construction, reconstructing, and maintaining of any aero- 30 nautical facility between the state of Idaho and any other state or foreign 31 country, and for the purchase or condemnation or other acquisition of right- 32 of-way therefor. 33 (11) Close or restrict the use of any state aeronautical facility whenever 34 such closing or restricting of use is deemed necessary. 35 (12) Establish such departmental divisions as are necessary for the full 36 and efficient administration of this act. 37 (13) Employ such personnel as are necessary subject to the provisions of 38 the public employeesretirement 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 andby-productsbyproducts from such property and appurtenances. 48 (15) Establish rulesand 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 rulesand regulations,necessary to fully implement and carry out 53 the provisions of this act and the provisions of title 21, Idaho Code, not 54 inconsistent herewith. 33 1 SECTION 11. That Section 21-148, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 21-148. CONTINUATION OF RIGHTS AND PRIVILEGES OF PRESENT EMPLOYEES -- 4 EFFECT. Nothing herein contained shall affect the rights or privileges of 5 employees of the present department of aeronautics under the public employees6 retirement system (chapter 13, title 59, Idaho Code), group insurance plan 7 (chapter 12, title 59, Idaho Code), or personnel system (chapter 53, title 678 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 tochapter 53, title 67sections 67-3532 through 67-3561, 15 Idaho Code, hire, assign duties and evaluate the performance of all employees 16 of the department. 17 (2) Designate employees for special assignment, office or function as the 18 needs of the department may require. 19 (3) Acquire, generate, develop and disseminate information and data con- 20 cerning agricultural pursuits, productivity and product quality. 21 (4) Encourage and promote in every practical manner, the interests of 22 agriculture, horticulture, apiculture, aquaculture, the livestock industries, 23 poultry and fowl raising, wool and fur-bearing animals and their allied indus- 24 tries. 25 (5) Assist, encourage and promote the organization of farmers' insti- 26 tutes, agricultural, horticultural, management or cooperative societies and 27 organizations for the benefit of agricultural pursuits in this state. 28 (6) Promote improved methods of production, storage, sales and marketing 29 of agricultural industries. 30 (7) Establish and promulgate standards of construction, use and sanita- 31 tion of open and closed receptacles for farm products, and standards for grade 32 or other classification of farm products. 33 (8) Prescribe and promulgate rules governing marks, brands and labels, 34 and the registration thereof, for use upon receptacles for farm products. 35 (9) Promote, in the interest of the public, economical and efficient use 36 of products and commodities used in the production of agricultural, horticul- 37 tural, meats and other products and farm commodities and their distribution. 38 (10) Cooperate with producers, processors and consumers in devising and 39 maintaining economical and efficient systems of distribution, and to assist in 40 the reduction of waste and expense incidental to the marketing of agricultural 41 products. 42 (11) Gather and diffuse timely information and statistics concerning sup- 43 ply, demand, prevailing prices and commercial movement of agricultural prod- 44 ucts. 45 (12) Maintain a market news service, including information concerning 46 crops, freight rates, commission rates and such other information as may be of 47 service to producers and consumers, and to act as a clearinghouse for informa- 48 tion between producers and consumers. 49 (13) Cooperate with the secretary, colleges and universities, experiment 50 stations, and other agencies which cooperate in devising, research and devel- 51 opment and utilization of improved agricultural production and other activi- 52 ties. 34 1 (14) Investigate the practices, methods of factors, management techniques 2 of commission merchants, track buyers and others who receive, solicit, buy, 3 sell, handle on commission or otherwise, or deal in grains, eggs, livestock, 4 vegetables or other products used as human foods, to the end that distribution 5 of such commodities through such factors, commission merchants, track buyers 6 and others be efficiently and economically accomplished without hardship, 7 waste or fraud. 8 (15) Enter and inspect any right-of-way of any irrigation canal, railway, 9 public highway, field, orchard, nursery, fruit or vegetable packing house, 10 store room, sales room, storage facility, depot or other place where fruits 11 and vegetables are grown or stored and to inspect fruits, trees, plants, 12 vines, shrubs or other articles within the state, and if such places or arti- 13 cles are infested with pests, insects or their eggs or larvae, or with any 14 contagious or transmittable diseases injurious to plant life, to abate or 15 eradicate the same as a nuisance. 16 (16) Provide treatment for and prevent the spread of infectious or commu- 17 nicable diseases among bees, livestock, fur-bearing animals or domestic ani- 18 mals through the systematic and periodic inspection, testing or treatment of 19 such bees and animals at the expense of the owner thereof. 20 (17) Protect the livestock interests of the state from losses due to dis- 21 ease or hazards to animal health and communicable to humans through agricul- 22 tural products. The director is authorized to regulate, as deemed necessary, 23 commercial livestock truck washing facilities. This includes permitting for 24 the treatment or disposal, at any location, of any wash water generated by the 25 facility. This subsection preempts Idaho department of environmental quality's 26 authority to issue land application permits and to do plan and specification 27 reviews under section 39-118, Idaho Code, for livestock truck wash facili- 28 ties, but does not affect any other authority of the Idaho department of envi- 29 ronmental quality. 30 (18) Maintain recording of earmarks, eartags or other identifying marks 31 not covered under any other provisions of law. 32 (19) Purchase, lease, hold, sell, and dispose of real and personal prop- 33 erty of the department when, in the judgment of the director, such transac- 34 tions promote the purposes for which the department is established. 35 (20) Contract with any state agency, federal agency or agency of another 36 state concerning any matter, program or cooperative effort within the scope 37 and jurisdiction of its authority pursuant to law. 38 (21) Assist in the improvement of country life, farm occupations and to 39 cooperate in effectuating equality of opportunity of those employed in agri- 40 cultural pursuits in the state of Idaho. 41 (22) Investigate diseases, contamination of livestock and poultry, agri- 42 cultural, horticultural, and farm products, suspected to be infected or con- 43 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan- 44 ical or other disease-producing agents, or carrying a residue of any such 45 disease-producing agent or chemical in excess of any tolerance established by 46 federal or state law or regulation and to examine, conduct tests, and issue 47 "hold orders" on any livestock, poultry, agricultural, horticultural or farm 48 products as deemed necessary to effectuate a diagnosis of disease, contamina- 49 tion or chemical level to safeguard and protect animal and man. And addition- 50 ally, authorize and implement a predator control program on state and private 51 lands using any kind of toxic material or substance suitable for such purpose. 52 Any toxic material or substance shall be approved for use by the director. In 53 order to carry out the provisions of this subsection (22), the director shall 54 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code. 55 (23) Prescribe by rule an interest charge which may be assessed on all 35 1 accounts which are thirty (30) days past due from the initial billing date or 2 the assessment due date. The interest rate charged shall not exceed twelve 3 percent (12%) per annum. 4 (24) To take all steps that are deemed necessary to prevent and control 5 damage or conflicts on federal, state, or other public or private lands caused 6 by predatory animals, rodents, or birds, including threatened or endangered 7 wildlife within the state of Idaho as are established by federal or state law, 8 federal or state regulation, or county ordinance, that are injurious to animal 9 husbandry, agriculture, horticulture, forestry, wildlife and human health and 10 safety. 11 (25) To administer oaths, certify to all official acts and subpoena any 12 person in this state as a witness; to compel through subpoena the production 13 of books, papers, and records; and to take the testimony of any person on 14 deposition in the same manner as prescribed by law in the procedure before the 15 courts of this state. A subpoena issued by the director shall extend to all 16 parts of the state and may be served by any person authorized to do so. All 17 powers of the director enumerated in this subsection (25) with respect to 18 administering oaths, power of subpoena, and other powers in hearings on com- 19 plaints shall likewise be applicable to hearings held on applications for the 20 issuance or renewal of licenses. 21 (26) To appoint, as necessary, committees for the purpose of advising the 22 director on any and all matters relating to agricultural programs within the 23 Idaho department of agriculture. 24 (27) Cooperate with producers, industry and technology groups, and other 25 agencies to encourage the growth of technology within the state's agricultural 26 industries while protecting, as necessary, the integrity of existing agricul- 27 ture and agricultural marketing channels. 28 SECTION 13. That Section 23-207, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 23-207. SPECIFIC RULES.AND REGULATIONS.Without attempting or intending 31 to limit the general powers of the superintendent of the dispensary contained 32 in section 23-206, Idaho Code, such powers shall extend to and include the 33 following: 34 (a) To prescribe the duties of the secretary, and to supervise his con- 35 duct while in the discharge of his duties. 36 (b) Subject to the provisions ofchapter 53, title 67sections 67-3532 37 through 67-3561, Idaho Code, to prescribe the qualifications of and to select 38 clerks, accountants, agents, vendors, inspectors, servants, legal counsel, and 39 other personnel to conduct its business and perform its functions; to require 40 that those holding positions of trust be bonded to the state of Idaho in the 41 time, form and manner prescribed by chapter 8, title 59, Idaho Code; to fix 42 the compensation of all appointees and employees, assign their duties, and to 43 discharge them. 44 (c) To regulate the management, operation, bookkeeping, reporting, equip- 45 ment, records, and merchandise of state liquor stores and distribution sta- 46 tions and warehouses. 47 (d) To regulate the importation, purchase, transportation, and storage of 48 alcoholic liquor and the furnishing of alcoholic liquor to state liquor 49 stores, distribution stations, and warehouses established under this act. 50 (e) To determine the classes, varieties, and brands of alcoholic liquors 51 to be kept in state warehouses and for sale at state liquor stores and distri- 52 bution stations. 53 (f) To determine the nature, form, and capacity of packages containing 36 1 liquor kept or sold. 2 (g) To prescribe the kinds and character of official seals or labels to 3 be attached to packages of liquor sold. 4 (h) From time to time to fix the sale prices, which shall be uniform 5 throughout the state, of the different classes, varieties, or brands of alco- 6 holic liquor, and to issue and distribute price lists thereof. 7 (i) To prescribe, prepare, and furnish printed forms and information 8 blanks necessary or convenient for administering this act, and printed copies 9 of theregulationsrules 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 ofchapter 53, title 67sections 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, andchapter 53, title 67sections 67-3532 through 46 67-3561, Idaho Code. 47 SECTION 16. That Section 33-2101A, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding 37 1 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404, 2 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103, 3 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108, 4 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114, 5 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123, 6 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139, 7 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001, 8 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1721, 9 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320,and 67-2322,and 67-5332,Idaho 10 Code, the term "junior college" shall mean and shall be denoted as "community 11 college." 12 SECTION 17. That Section 33-2109A, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-2109A. USE OF UNUSED SICK LEAVE. Upon separation from employment with 15 the community college district by retirement, in accordance with chapter 13, 16 title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an employee 17 shall be accorded credit for unused sick leave as provided in section 18 67-53333555, Idaho Code. Each community college district shall contribute to 19 the sick leave account for the purposes of this section, as provided in sub- 20 section (2)(c) of section 67-53333555, Idaho Code. 21 SECTION 18. That Section 33-2504, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 33-2504. STATE LIBRARIAN APPOINTED BY BOARD OF LIBRARY COMMISSIONERS -- 24 QUALIFICATIONS -- POWERS. The board of library commissioners shall employ a 25 qualified state librarian to serve as its chief executive officer. The state 26 librarian shall be a graduate of an accredited library school. 27 The state librarian shall, subject to the provisions ofchapter 53, title2867sections 67-3532 through 67-3561, Idaho Code, employ and fix the compensa- 29 tion of all other employees of the commission who shall be directly responsi- 30 ble to the state librarian. 31 SECTION 19. That Section 36-104, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 34 Meetings. The members of the commission shall annually meet at their offices 35 and organize by electing from their membership a chairman, who shall hold 36 office for a period of one (1) year, or until his successor has been duly 37 elected. In addition to the regular annual meeting, to be held in January, 38 said commission shall hold other regular quarterly meetings each year at such 39 places within the state as the commission shall select for the transaction of 40 business. Special meetings may be called at any time and place by the chairman 41 or a majority of the members of the commission. Notice of the time, place and 42 purpose of any and all special meetings shall be given by the secretary to 43 each member of the commission prior to said meeting. 44 (b) Authorization for Commission Powers and Duties. For the purpose of 45 administering the policy as declared in section 36-103, Idaho Code, the com- 46 mission is hereby authorized and empowered to: 47 1. Investigate and find facts regarding the status of the state's wild- 48 life populations in order to give effect to the policy of the state here- 49 inbefore announced. 38 1 2. Hold hearings for the purpose of hearing testimony, considering evi- 2 dence and determining the facts as to when the supply of any of the wild- 3 life in this state will be injuriously affected by the taking thereof, or 4 for the purpose of determining when an open season may be declared for the 5 taking of wildlife. Whenever said commission determines that the supply of 6 any particular species of wildlife is being, or will be, during any par- 7 ticular period of time, injuriously affected by depletion by permitting 8 the same to be taken, or if it should find a longer or different season, 9 or different bag limit should be adopted for the better protection 10 thereof, or if it finds that an open season may be declared without endan- 11 gering the supply thereof, then it shall make a rule or proclamation 12 embodying its findings in respect to when, under what circumstances, in 13 which localities, by what means, what sex, and in what amounts and numbers 14 the wildlife of this state may be taken. 15 3. Whenever it finds it necessary for the preservation, protection, or 16 management of any wildlife of this state, by reason of any act of God or 17 any other sudden or unexpected emergency, declare by temporary rule or 18 proclamation the existence of such necessity, and the cause thereof, and 19 prescribe and designate all affected areas or streams, and close the same 20 to hunting, angling or trapping, or impose such restrictions and condi- 21 tions upon hunting, angling or trapping as said commission shall find to 22 be necessary. Every such temporary rule shall be made in accordance with 23 the provisions of chapter 52, title 67, Idaho Code. 24 4. At any time it shall deem necessary for the proper management of wild- 25 life on any game preserve in the state of Idaho, declare an open season in 26 any game preserve as it deems appropriate. 27 5. (A) Upon notice to the public, hold a public drawing giving to 28 license holders, under the wildlife laws of this state, the privilege 29 of drawing by lot for a controlled hunt permit authorizing the person 30 to whom issued to hunt, kill, or attempt to kill any species of wild 31 animals or birds designated by the commission under such rules as it 32 shall prescribe. 33 (B) The commission may, under rules or proclamations as it may pre- 34 scribe, authorize the director to issue additional controlled hunt 35 permits and collect fees therefor authorizing landowners of property 36 valuable for habitat or propagation purposes of deer, elk or ante- 37 lope, or the landowner's designated agent(s) to hunt deer, elk or 38 antelope in controlled hunts containing the eligible property owned 39 by those landowners in units where any permits for deer, elk or ante- 40 lope are limited. 41 (C) A nonrefundable fee as specified in section 36-416, Idaho Code, 42 shall be charged each applicant for a controlled hunt permit. Suc- 43 cessful applicants for controlled hunt permits shall be charged the 44 fee as specified in section 36-416, Idaho Code. Additionally, a fee 45 may be charged for telephone and credit card orders in accordance 46 with subsection (e)11. of section 36-106, Idaho Code. The department 47 shall include a checkoff form to allow applicants to designate one 48 dollar ($1.00) of such nonrefundable application fee for transmittal 49 to the reward fund of citizens against poaching, inc., an Idaho non- 50 profit corporation. The net proceeds from the nonrefundable fee shall 51 be deposited in the fish and game account and none of the net pro- 52 ceeds shall be used to purchase lands. 53 6. Adopt rules pertaining to the importation, exportation, release, sale, 54 possession or transportation into, within or from the state of Idaho of 55 any species of live, native or exotic wildlife or any eggs thereof. 39 1 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 2 nation, lease, agreement, gift, or other device, lands or waters suitable 3 for the purposes hereinafter enumerated in this paragraph. Whenever the 4 commission proposes to purchase a tract of land in excess of fifteen (15) 5 acres, the commission shall notify the board of county commissioners of 6 the county where this land is located of the intended action. The board of 7 county commissioners shall have ten (10) days after official notification 8 to notify the commission whether or not they desire the commission to hold 9 a public hearing on the intended purchase in the county. The commission 10 shall give serious consideration to all public input received at the pub- 11 lic hearing before making a final decision on the proposed acquisition. 12 Following any land purchase, the fish and game commission shall provide, 13 upon request by the board of county commissioners, within one hundred 14 twenty (120) days, a management plan for the area purchased that would 15 address noxious weed control, fencing, water management and other impor- 16 tant issues raised during the public hearing. When considering purchasing 17 lands pursuant to this paragraph, the commission shall first make a good 18 faith attempt to obtain a conservation easement, as provided in chapter 19 21, title 55, Idaho Code, before it may begin proceedings to purchase, 20 condemn or otherwise acquire such lands. If the attempt to acquire a con- 21 servation easement is unsuccessful and the commission then purchases, 22 condemns or otherwise acquires the lands, the commission shall record in 23 writing the reasons why the attempt at acquiring the conservation easement 24 was unsuccessful and then file the same in its records and in a report to 25 the joint finance-appropriations committee. The commission shall develop, 26 operate, and maintain the lands, waters or conservation easements for said 27 purposes, which are hereby declared a public use: 28 (A) For fish hatcheries, nursery ponds, or game animal or game bird 29 farms; 30 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 31 tion or protection; 32 (C) For public hunting, fishing or trapping areas to provide places 33 where the public may fish, hunt, or trap in accordance with the pro- 34 visions of law, or the regulation of the commission; 35 (D) To extend and consolidate by exchange, lands or waters suitable 36 for the above purposes. 37 8. Enter into cooperative agreements with educational institutions, and 38 state, federal, or other agencies to promote wildlife research and to 39 train students for wildlife management. 40 9. Enter into cooperative agreements with state and federal agencies, 41 municipalities, corporations, organized groups of landowners, associa- 42 tions, and individuals for the development of wildlife rearing, propagat- 43 ing, management, protection and demonstration projects. 44 10. In the event owners or lawful possessors of land have restricted the 45 operation of motor-propelled vehicles upon their land, the commission, 46 upon consultation with all other potentially affected landowners, and hav- 47 ing held a public hearing, if requested by not less than ten (10) resi- 48 dents of any county in which the land is located, may enter into coopera- 49 tive agreements with those owners or possessors to enforce those restric- 50 tions when the restrictions protect wildlife or wildlife habitat. Pro- 51 vided, however, the commission shall not enter into such agreements for 52 lands which either lie outside or are not adjacent to any adjoining the 53 proclaimed boundaries of the national forests in Idaho. 54 (A) The landowners, with the assistance of the department, shall 55 cause notice of the restrictions, including the effective date 40 1 thereof, to be posted on the main traveled roads entering the areas 2 to which the restrictions apply. Provided, however, that nothing in 3 this subsection shall allow the unlawful posting of signs or other 4 information on or adjacent to public highways as defined in subsec- 5 tion (5) of section 40-109, Idaho Code. 6 (B) Nothing in this section authorizes the establishment of any 7 restrictions that impede normal forest or range management opera- 8 tions. 9 (C) No person shall violate such restrictions on the use of motor- 10 propelled vehicles or tear down or lay down any fencing or gates 11 enclosing such a restricted area or remove, mutilate, damage or 12 destroy any notices, signs or markers giving notice of such restric- 13 tions. The commission may promulgate rules to administer the restric- 14 tions and cooperative agreements addressed in this subsection. 15 11. Capture, propagate, transport, buy, sell or exchange any species of 16 wildlife needed for propagation or stocking purposes, or to exercise con- 17 trol of undesirable species. 18 12. Adopt rules pertaining to the application for, issuance of and admin- 19 istration of a lifetime license certificate system. 20 13. Adopt rules governing the application and issuance of permits for and 21 administration of fishing contests on waters under the jurisdiction of the 22 state. The fee for each permit shall be as provided for in section 36-416, 23 Idaho Code. 24 14. Adopt rules governing the application for and issuance of licenses by 25 telephone and other electronic methods. 26 15. Enter into agreements with cities, counties, recreation districts or 27 other political subdivisions for the lease of lands or waters, in accor- 28 dance with all other applicable laws, including applicable provisions of 29 titles 42 and 43, Idaho Code, to cost-effectively provide recreational 30 opportunities for taxpayers or residents of those local governments or 31 political subdivisions. 32 (c) Limitation on Powers. Nothing in this title shall be construed to au- 33 thorize the commission to change any penalty prescribed by law for a violation 34 of its provisions, or to change the amount of license fees or the authority 35 conferred by licenses prescribed by law. 36 (d) Organization of Work. The commission shall organize the department, 37 in accordance with the provisions of title 67, Idaho Code, into administrative 38 units as may be necessary to efficiently administer said department. All 39 employees of the department except the director shall be selected and 40 appointed by the director in conformance with the provisions ofchapter 53,41title 67sections 67-3532 through 67-3561, Idaho Code. 42 SECTION 20. That Section 36-106, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 45 Created. The commission shall appoint a director of the department of fish and 46 game, hereinafter referred to as the director, who shall be a person with 47 knowledge of, and experience in, the requirements for the protection, conser- 48 vation, restoration, and management of the wildlife resources of the state. 49 The director shall not hold any other public office, nor any office in any 50 political party organization, and shall devote his entire time to the service 51 of the state in the discharge of his official duties, under the direction of 52 the commission. 53 (b) Secretary to Commission. The director or his designee shall serve as 41 1 secretary to the commission. 2 (c) Compensation and Expenses. The director shall receive such compensa- 3 tion as the commission, with the concurrence and approval of the governor, may 4 determine and shall be reimbursed at the rate provided by law for state 5 employees for all actual and necessary traveling and other expenses incurred 6 by him in the discharge of his official duties. 7 (d) Oath and Bond. Before entering upon the duties of his office, the 8 director shall take and subscribe to the official oath of office, as provided 9 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 10 affirm that he holds no other public office, nor any position under any polit- 11 ical committee or party. Such oath, or affirmation, shall be signed in the 12 office of the secretary of state. 13 The director shall be bonded to the state of Idaho in the time, form and 14 manner prescribed by chapter 8, title 59, Idaho Code. 15 (e) Duties and Powers of Director. 16 1. The director shall have general supervision and control of all activi- 17 ties, functions, and employees of the department of fish and game, under 18 the supervision and direction of the commission, and shall enforce all the 19 provisions of the laws of the state, and rules and proclamations of the 20 commission relating to wild animals, birds, and fish and, further, shall 21 perform all the duties prescribed by section 67-2405, Idaho Code, and 22 other laws of the state not inconsistent with this act, and shall exercise 23 all necessary powers incident thereto not specifically conferred on the 24 commission. 25 2. The director is hereby authorized to appoint as many classified 26 employees as the commission may deem necessary to perform administrative 27 duties, to enforce the laws and to properly implement management, propaga- 28 tion, and protection programs established for carrying out the purposes of 29 the Idaho fish and game code. 30 3. The appointment of such employees shall be made by the director in 31 accordance withchapter 53, title 67sections 67-3532 through 67-3561, 32 Idaho Code, and rules promulgated pursuant thereto, and they shall be com- 33 pensated as provided therein. Said employees shall be bonded to the state 34 of Idaho in the time, form, and manner prescribed by chapter 8, title 59, 35 Idaho Code. 36 4. The director is hereby authorized to establish and maintain fish 37 hatcheries for the purpose of hatching, propagating, and distributing all 38 kinds of fish. 39 5. (A) The director, or any person appointed by him in writing to do so, 40 may take wildlife of any kind, dead or alive, or import the same, 41 subject to such conditions, restrictions and rules as he may provide, 42 for the purpose of inspection, cultivation, propagation, distribu- 43 tion, scientific or other purposes deemed by him to be of interest to 44 the fish and game resources of the state. 45 (B) The director shall have supervision over all of the matters per- 46 taining to the inspection, cultivation, propagation and distribution 47 of the wildlife propagated under the provisions of title 36, Idaho 48 Code. He shall also have the power and authority to obtain, by pur- 49 chase or otherwise, wildlife of any kind or variety which he may deem 50 most suitable for distribution in the state and may have the same 51 properly cared for and distributed throughout the state of Idaho as 52 he may deem necessary. 53 (C) The director is hereby authorized to issue a license/tag/permit 54 to a nonresident landowner who resides in a contiguous state for the 55 purpose of taking one (1) animal during an emergency depredation hunt 42 1 which includes the landowner's Idaho property subject to such condi- 2 tions, restrictions or rules as the director may provide. The fee for 3 this license/tag/permit shall be equal to the costs of a resident 4 hunting license, a resident tag fee and a resident depredation per- 5 mit. 6 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 7 the contrary, on and after the effective date of this act, the direc- 8 tor shall not expend any funds, or take any action, or authorize any 9 employee or agent of the department or other person to take any 10 action, to undertake actual transplants of bighorn sheep into areas 11 they do not now inhabit or to augment the number of bighorn sheep in 12 existing herds until: 13 (i) The boards of county commissioners of the counties in 14 which the release is proposed to take place have been given rea- 15 sonable notice of the proposed release. 16 (ii) The affected federal and state land grazing permittees and 17 owners or leaseholders of private land in or contiguous to the 18 proposed release site have been given reasonable notice of the 19 proposed release. 20 (iii) The president pro tempore of the senate and the speaker of 21 the house of representatives have received from the director a 22 plan for the forthcoming year that details, to the best of the 23 department's ability, the proposed transplants which shall 24 include the estimated numbers of bighorn sheep to be trans- 25 planted and a description of the areas the proposed transplant 26 or transplants are planned for. 27 Upon request, the department shall grant one (1) hearing per trans- 28 plant if any affected individual or entity expresses written concern 29 within ten (10) days of notification regarding any transplants of 30 bighorn sheep and shall take into consideration these concerns in 31 approving, modifying or canceling any proposed bighorn sheep trans- 32 plant. Any such hearing shall be held within thirty (30) days of the 33 request. Upon any transplant of bighorn sheep into areas they do not 34 now inhabit or a transplant to augment existing populations, the 35 department shall provide for any affected federal or state land graz- 36 ing permittees or owners or leaseholders of private land a written 37 letter signed by all federal, state and private entities responsible 38 for the transplant stating that the existing sheep or livestock oper- 39 ations in the area of any such bighorn sheep transplant are recog- 40 nized and that the potential risk, if any, of disease transmission 41 and loss of bighorn sheep when the same invade domestic livestock or 42 sheep operations is accepted. 43 6. (A) The director shall have the power, at any time when it is desired 44 to introduce any new species, or if at any time any species of wild- 45 life of the state of Idaho shall be threatened with excessive shoot- 46 ing, trapping, or angling or otherwise, to close any open season or 47 to reduce the bag limit or possession limit for such species for 48 such time as he may designate; in the event an emergency is declared 49 to exist such closure shall become effective forthwith upon written 50 order of the director; in all other cases upon publication and post- 51 ing as provided in section 36-105, Idaho Code. 52 (B) In order to protect property from damage by wildlife, the fish 53 and game commission may delegate to the director or his designee the 54 authority to declare an open season upon that particular species of 55 wildlife to reduce its population. The director or his designee shall 43 1 make an order embodying his findings in respect to when, under what 2 circumstances, in which localities, by what means, and in what 3 amounts, numbers and sex the wildlife subject to the hunt may be 4 taken. In the event an emergency is declared to exist such open sea- 5 son shall become effective forthwith upon written order of the direc- 6 tor or his designee; in all other cases upon publication and posting 7 as provided in section 36-105, Idaho Code. 8 (C) Any season closure order issued under authority hereof shall be 9 published in at least one (1) newspaper of general circulation in the 10 area affected by the order for at least once a week for two (2) con- 11 secutive weeks, and such order shall be posted in public places in 12 each county as the director may direct. 13 (D) During the closure of any open season or the opening of any spe- 14 cial depredation season by the director all provisions of laws relat- 15 ing to the closed season or the special depredation season on such 16 wildlife shall be in force and whoever violates any of the provisions 17 shall be subject to the penalties prescribed therefor. 18 (E) Prior to the opening of any special depredation hunt, the direc- 19 tor or his designee shall be authorized to provide up to a maximum of 20 fifty percent (50%) of the available permits for such big game to the 21 landholder(s) of privately owned land within the hunt area or his 22 designees. If the landholder(s) chooses to designate hunters, he must 23 provide a written list of the names of designated individuals to the 24 department. If the landholder(s) fails to designate licensed hunt- 25 ers, then the department will issue the total available permits in 26 the manner set by rule. All hunters must have a current hunting 27 license and shall have equal access to both public and private lands 28 within the hunt boundaries. It shall be unlawful for any 29 landholder(s) to receive any form of compensation from a person who 30 obtains or uses a depredation controlled hunt permit. 31 7. The director shall make an annual report to the governor, the legisla- 32 ture, and the secretary of state, of the doings and conditions of his 33 office, which report shall be made in accordance with section 67-2509, 34 Idaho Code. 35 8. The director may sell or cause to be sold publications and materials 36 in accordance with section 59-1012, Idaho Code. 37 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 38 transported by the department of fish and game shall be tested for the 39 presence of certain communicable diseases that can be transmitted to 40 domestic livestock. Those communicable diseases to be tested for shall be 41 arrived at by mutual agreement between the department of fish and game and 42 the department of agriculture. Any moneys expended by the department of 43 fish and game on wildlife disease research shall be mutually agreed upon 44 by the department of fish and game and the department of agriculture. 45 In addition, a comprehensive animal health program for all deer, elk, 46 antelope, moose, bighorn sheep, or bison imported into, transported, or 47 resident within the state of Idaho shall be implemented after said pro- 48 gram is mutually agreed upon by the department of fish and game and the 49 department of agriculture. 50 In order to enhance and protect the health of wildlife within the 51 state, as well as safeguard the health of livestock resources, the direc- 52 tor of the department of agriculture shall employ at least one (1) veteri- 53 narian licensed in Idaho whose duties shall include, but not be limited 54 to, addressing wildlife disease issues and coordinating disease prevention 55 work between the department of fish and game and the department of agri- 44 1 culture. The employing of said veterinarian shall be by mutual agreement 2 of the director of the department of fish and game and of the director of 3 the department of agriculture. The veterinarian shall be on the staff of 4 the division of animal industries, department of agriculture. The salary 5 or compensation to be paid said veterinarian or veterinarians shall be 6 divided equally between the department of fish and game and the department 7 of agriculture, and the department of fish and game's portion shall be 8 deposited directly into the livestock disease control account. The veteri- 9 narian shall be employed on and after July 1, 1989. 10 10. In order to monitor and evaluate the disease status of wildlife and to 11 protect Idaho's livestock resources, any suspicion by fish and game per- 12 sonnel of a potential communicable disease process in wildlife shall be 13 reported within twenty-four (24) hours to the department of agriculture. 14 All samples collected for disease monitoring or disease evaluation of 15 wildlife shall be submitted to the division of animal industries, depart- 16 ment of agriculture. 17 11. (A) The director is authorized to enter into an agreement with an 18 independent contractor for the purpose of providing a telephone order 19 and credit card payment service for controlled hunt permits, 20 licenses, tags, and permits. 21 (B) The contractor may collect a fee for its service in an amount to 22 be set by contract. 23 (C) All moneys collected for the telephone orders of such licenses, 24 tags, and permits shall be and remain the property of the state, and 25 such moneys shall be directly deposited by the contractor into the 26 state treasurer's account in accordance with the provisions of sec- 27 tion 59-1014, Idaho Code. The contractor shall furnish a good and 28 sufficient surety bond to the state of Idaho in an amount sufficient 29 to cover the amount of the telephone orders and potential refunds. 30 (D) The refund of moneys for unsuccessful controlled hunt permit 31 applications and licenses, tags, and permits approved by the depart- 32 ment may be made by the contractor crediting the applicant's or 33 licensee's credit card account. 34 12. The director may define activities or facilities that primarily pro- 35 vide a benefit: to the department; to a person; for personal use; to a 36 commercial enterprise; or for a commercial purpose. 37 SECTION 21. That Section 36-202, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 36-202. DEFINITIONS. Whenever the following words appear in title 36, 40 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 41 mission or the director of the Idaho department of fish and game, they shall 42 be deemed to have the same meaning and terms of reference as hereinafter set 43 forth. The present tense includes the past and future tenses, and the future, 44 the present. 45 (a) "Title" means all of the fish and game laws and rules promulgated 46 pursuant thereto. 47 (b) "Commission" means the Idaho fish and game commission. "Commissioner" 48 means a member of the Idaho fish and game commission. 49 (c) "Department" means the Idaho department of fish and game. 50 (d) "Director" means the director of the Idaho department of fish and 51 game or any person authorized to act in his name. 52 (e) "Employee" means any employee of the Idaho department of fish and 53 game whose salary is paid entirely or in part by funds administered by the 45 1 Idaho fish and game commission and whose appointment is made in accordance 2 withchapter 53, title 67sections 67-3532 through 67-3561, Idaho Code, and 3 related rules. 4 (f) "Person" means an individual, partnership, corporation, company, or 5 any other type of association, and any agent or officer of any partnership, 6 corporation, company, or other type of association. The masculine gender 7 includes the feminine and the neuter. The singular, the plural, and the plu- 8 ral, the singular. 9 (g) "Wildlife" means any form of animal life, native or exotic, generally 10 living in a state of nature provided that domestic cervidae as defined in sec- 11 tion 25-3701, Idaho Code, shall not be classified as wildlife. 12 (h) "Trophy big game animal" means any big game animal deemed a trophy as 13 per Boone and Crockett standards. For the purpose of this section, the highest 14 of the typical or nontypical scores shall be used, described as follows: 15 1. Mule deer: any buck scoring over one hundred fifty (150) points; 16 2. White-tailed deer: any buck scoring over one hundred thirty (130) 17 points; 18 3. Elk: any bull scoring over three hundred (300) points; 19 4. Bighorn sheep: any ram; 20 5. Moose: any bull; 21 6. Mountain goat: any male or female; 22 7. Pronghorn antelope: any buck with at least one (1) horn exceeding 23 fourteen (14) inches; 24 8. Caribou: any male or female. 25 (i) "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap, 26 kill, or possess or any attempt to so do. 27 (j) "Hunting" means chasing, driving, flushing, attracting, pursuing, 28 worrying, following after or on the trail of, shooting at, stalking, or lying 29 in wait for, any wildlife whether or not such wildlife is then or subsequently 30 captured, killed, taken, or wounded. Such term does not include stalking, 31 attracting, searching for, or lying in wait for, any wildlife by an unarmed 32 person solely for the purpose of watching wildlife or taking pictures thereof. 33 (k) "Fishing" means any effort made to take, kill, injure, capture, or 34 catch any fish or bullfrog. 35 (l) "Trapping" means taking, killing, and capturing wildlife by the use 36 of any trap, snare, deadfall, or other device commonly used to capture wild- 37 life, and the shooting or killing of wildlife lawfully trapped, and includes 38 all lesser acts such as placing, setting or staking such traps, snares, 39 deadfalls, and other devices, whether or not such acts result in the taking of 40 wildlife, and every attempt to take and every act of assistance to any other 41 person in taking or attempting to take wildlife with traps, snares, deadfalls, 42 or other devices. 43 (m) "Possession" means both actual and constructive possession, and any 44 control of the object or objects referred to; provided that wildlife taken 45 accidentally and in a manner not contrary to the provisions of this title 46 shall not be deemed to be in possession while being immediately released live 47 back to the wild. 48 (n) "Possession limit" means the maximum limit in number or amount of 49 wildlife which may be lawfully in the possession of any person. "Possession 50 limit" shall apply to wildlife being in possession while in the field or being 51 transported to final place of consumption or storage. 52 (o) "Bag limit" means the maximum number of wildlife which may be legally 53 taken, caught, or killed by any one (1) person for any particular period of 54 time, as provided by order of the commission. The term "bag limit" shall be 55 construed to mean an individual, independent effort and shall not be inter- 46 1 preted in any manner as to allow one (1) individual to take more than his "bag 2 limit" toward filling the "bag limit" of another. 3 (p) "Buy" means to purchase, barter, exchange, or trade and includes any 4 offer or attempt to purchase, barter, exchange, or trade. 5 (q) "Sell" means to offer or possess for sale, barter, exchange, or 6 trade, or the act of selling, bartering, exchanging or trading. 7 (r) "Transport" means to carry or convey or cause to be carried or con- 8 veyed from one (1) place to another and includes an offer to transport, or 9 receipt or possession for transportation. 10 (s) "Resident" means any person who has been domiciled in this state, 11 with a bona fide intent to make this his place of permanent abode, for a 12 period of not less than six (6) months immediately preceding the date of 13 application for any license, tag, or permit required under the provisions of 14 this title or orders of the commission and who, when temporarily absent from 15 this state, continues residency with intent to return, and who does not claim 16 any resident privileges in any other state or country for any purpose. Such 17 privileges include, but are not limited to: state where valid driver's license 18 is issued; state of voter registration; state where resident state income 19 taxes are filed; state where homeowner's tax exemption is granted. Provided 20 that, until any such person has been continuously domiciled outside the state 21 of Idaho for a sufficient period of time to qualify for resident hunting and 22 fishing privileges in his new state of residence, said person shall be deemed 23 not to have lost his residency in Idaho for the purposes of this title. How- 24 ever, mere ownership of real property or payment of property taxes in Idaho 25 does not establish residency. Provided further that: 26 1. Idaho residents shall not lose their residency in Idaho if they are 27 absent from the state for religious (not to exceed two (2) years) or full- 28 time educational (not to exceed five (5) years) purposes, full-time to be 29 defined by the educational institution attended, and do not claim resi- 30 dency or use resident privileges in any other state or country for any 31 purpose. 32 2. Idaho residents who are in the military service of the United States 33 and maintain Idaho as their official state of residence as shown on their 34 current leave and earnings statement, together with their spouse and chil- 35 dren under eighteen (18) years of age living in the household, shall be 36 eligible for the purchase of resident licenses. 37 3. A member of the military service of the United States or of a foreign 38 country, together with his spouse and children under eighteen (18) years 39 of age residing in his household, who have been officially transferred, 40 stationed, domiciled and on active duty in this state for a period of 41 thirty (30) days last preceding application shall be eligible, as long as 42 such assignment continues, to purchase a resident license. A member of the 43 state national guard or air national guard, domiciled in this state for a 44 period of thirty (30) days last preceding application shall be eligible, 45 as long as such residency continues, to purchase a resident license. 46 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 47 be eligible, as long as he is so enrolled, to obtain a resident fishing 48 license irrespective of his length of residence in this state. 49 5. Any foreign exchange student enrolled in an Idaho high school shall be 50 eligible, as long as he is so enrolled, to obtain a resident fishing 51 license irrespective of his length of residence in this state. 52 (t) "Senior resident" means any person who is over sixty-five (65) years 53 of age and who has been a resident of the state of Idaho as hereinbefore pro- 54 vided for not less than five (5) years. 55 (u) "Nonresident" means any person who does not qualify as a resident. 47 1 (v) "Order, rule, regulation and proclamation" are all used interchange- 2 ably and each includes the others. 3 (w) "Blindness" means sight that does not exceed 20/200 as provided by 4 the administrative guidelines of section 56-213, Idaho Code. 5 (x) "Public highway" means the traveled portion of, and the shoulders on 6 each side of, any road maintained by any governmental entity for public 7 travel, and includes all bridges, culverts, overpasses, fills, and other 8 structures within the limits of the right-of-way of any such road. 9 (y) "Motorized vehicle" means any water, land or air vehicle propelled by 10 means of steam, petroleum products, electricity, or any other mechanical 11 power. 12 (z) "Commercial fish hatchery" means any hatchery, pond, lake or stream 13 or any other waters where fish are held, raised, or produced for sale but 14 shall not include facilities used for the propagation of fish commonly consid- 15 ered as ornamental or aquarium varieties. 16 (aa) "License" means any license, tag, permit or stamp. 17 (bb) "License vendor" means any person authorized to issue or sell 18 licenses. 19 (cc) "Proclamation" means the action by the commission and publication of 20 the pertinent information as it relates to the seasons and limits for taking 21 wildlife. 22 SECTION 22. That Section 36-2107, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 25 agreement authorize the bureau of occupational licenses as agent to act in its 26 interest, shall have the following duties and powers: 27 (a) To conduct examinations to ascertain the qualifications of applicants 28 for outfitter's or guide's licenses, and to issue such licenses to qualified 29 applicants, with such restrictions and limitations thereon as the board may 30 find reasonable. 31 (b) To prescribe and establish rules of procedure to carry into effect 32 the provisions of this chapter including, but not limited to, rules prescrib- 33 ing all requisite qualifications of training, experience, knowledge of rules 34 of governmental bodies, condition and type of gear and equipment, examinations 35 to be given applicants, whether oral, written or demonstrative, or a combina- 36 tion thereof. 37 (c) To conduct hearings and proceedings to suspend, revoke or restrict 38 the licenses of outfitters or guides, and to suspend, revoke or restrict said 39 licenses for due cause in the manner hereinafter provided. 40 (d) The board is expressly vested with the power and the authority to 41 enforce the provisions of this chapter including obtaining injunctive relief 42 and to make and enforce any and all reasonable rules which shall by it be 43 deemed necessary and which are not in conflict with the provisions of this 44 chapter, for the express purpose of safeguarding the health, safety, welfare 45 and freedom from injury or danger of those persons utilizing the services of 46 outfitters and guides, and for the conservation of wildlife and range 47 resources. 48 (e) The board shall have the power to cooperate with the federal and 49 state government through its appropriate agency or instrumentality in matters 50 of mutual concern regarding the business of outfitting and guiding in Idaho. 51 (f) The board shall have the power throughout the state of Idaho to 52 request the attendance of witnesses and the production of such books, records 53 and papers as may be required at any hearing before it, and for that purpose 48 1 the board may request a district court to issue a subpoena for any witness or 2 a subpoena duces tecum to compel the production of any books, records or 3 papers. Subpoenas shall be directed to the sheriff of any county in the state 4 of Idaho where such witness resides or may be found. Subpoenas shall be served 5 and returned in the same manner as subpoenas in a criminal case. The fees and 6 mileage of the sheriff and witnesses shall be the same as that allowed in dis- 7 trict court criminal cases, which fees and mileage shall be paid from any 8 funds in the state treasury available therefor in the same manner as other 9 expenses of the board are paid. Disobedience of any subpoena issued by the 10 district court or the refusal by any witness in failing to testify concerning 11 any matter regarding which he may lawfully be interrogated, or the failure to 12 produce any books, records or papers shall constitute a contempt of the dis- 13 trict court of any county where such disobedience or refusal occurs, and said 14 court, or any judge thereof, by proceedings for contempt in said court, may, 15 if such contempt be found, punish said witness as in any other case of disobe- 16 dience of a subpoena issued from such court or refusal to testify therein. 17 (g) The board shall have the power to appoint an executive director to 18 serve at the pleasure of the board. The executive director shall carry out 19 such administrative duties as delegated to the director by the board. The 20 board may, in its discretion, refuse, sustain or reverse, by majority vote, 21 any action or decision of the executive director. The executive director shall 22 be exempt from the provisions ofchapter 53, title 67sections 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 ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho 52 Code. Criteria for conducting such checkscaling and a minimum number of logs 53 and/or volume to be considered adequate for a valid checkscale shall be deter- 49 1 mined by the board, and shall guide the appointed scaler in performance of his 2 checkscaling duties. The cost of all checkscales other than in the regular 3 course of the checkscaler's duties shall be paid by the person requesting the 4 same or by the party in error where the checkscaler finds and determines scal- 5 ing error outside the allowable limits set by the board. All checkscaling 6 costs shall be determined by using the costs of checkscaling at the time of 7 request as determined by the board. The checkscaler shall make a report of his 8 findings to the board within a reasonable time after each checkscale and said 9 report shall be accepted as prima facie evidence of the facts stated in such 10 report. Any person directly affected by said report shall be entitled to 11 receive a copy of said report as soon as the checkscale has been completed. 12 All checkscalers appointed by the board shall obtain and execute a bond to 13 the board for the benefit of those businesses and/or persons using the ser- 14 vices of the checkscaler covering the performance of his checkscaling duties, 15 which bond shall be in the sum of one thousand dollars ($1,000), executed by a 16 qualified surety, duly authorized to do business in this state, upon the con- 17 dition that said applicant, if said bond be issued to him, shall conduct his 18 checkscaling duties without fraud or fraudulent misrepresentation and will 19 faithfully perform his duties as a checkscaler for those persons using his 20 services; said bond to be reissued annually on or before the 1st day of July 21 each year, and said bond shall be filed with the board. 22 The premium on said checkscalers' bonds shall be regarded as a proper and 23 necessary expense of the board, and shall be paid out of the "state scaling 24 account." 25 SECTION 24. That Section 39-104, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-104. DEPARTMENT OF ENVIRONMENTAL QUALITY -- CREATION. (1) There is 28 created and established in the state government a department of environmental 29 quality which shall for the purposes of section 20, article IV, of the consti- 30 tution of the state of Idaho be an executive department of the state govern- 31 ment. The executive and administrative power of this department shall be 32 vested in the director of the department who shall be appointed and serve at 33 the pleasure of the governor, with the advice and consent of the senate. 34 (2) The department shall be organized in such administrative divisions or 35 regions as may be necessary in order to efficiently administer the department. 36 Each division shall be headed by an administrator who shall be appointed by 37 and serve at the pleasure of the director. 38 (3) TheINEELINL coordinator-manager, regional administrators and divi- 39 sion administrators shall be nonclassified employees exempt from the provi- 40 sions ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. 41 (4) No provision of this title shall be interpreted as to supersede, 42 abrogate, injure or create rights to divert or store water and apply water to 43 beneficial uses established under section 3, article XV of the constitution of 44 the state of Idaho and title 42, Idaho Code. Nothing in this title shall be 45 construed to allow the department to establish a water right for minimum 46 stream flows or a water right for minimum water levels in any lakes, reser- 47 voirs or impoundments. Minimum stream flows and minimum water levels may only 48 be established pursuant to chapter 15, title 42, Idaho Code. 49 (5) Nothing in this title shall be construed to allow the department to 50 establish or require minimum stream flows which would prevent any water from 51 being diverted for irrigation purposes pursuant to existing water rights, or 52 to establish or require minimum water levels in any lakes, reservoirs or 53 impoundments in which any water is stored for irrigation purposes which would 50 1 adversely affect existing water rights or contracts with the federal govern- 2 ment. 3 SECTION 25. That Section 39-113, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 39-113. TRANSFER OF EMPLOYEES. All employees of the division of environ- 6 mental quality and theINEELINL 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 intocontractural30 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 37chapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. 38 It is also legislative intent that the matters of location of deposit of 39 health district funds, or the instruments or documents of payment from those 40 funds shall be construed as no more than items of convenience for the conduct 41 of business, and in no way reflect upon the nature or status of the health 42 districts as entities of government. 43 This section merely affirms that health districts created under this chap- 44 ter are not state agencies, and in no way changes the character of those agen- 45 cies as they existed prior to this act. 46 SECTION 27. That Section 39-413, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 39-413. DISTRICT HEALTH DIRECTOR -- APPOINTMENT -- POWERS AND DUTIES. A 49 district health director shall be appointed by the district board. The direc- 51 1 tor shall have and exercise the following powers and duties in addition to all 2 other powers and duties inherent in the position or delegated to him or 3 imposed upon him by law or rule, regulation, or ordinance: 4 (1) To be secretary and administrative officer of the district board of 5 health; 6 (2) To prescribe such rules and regulations, consistent with the require- 7 ments of this chapter, as may be necessary for the government of the district, 8 the conduct and duties of the district employees, the orderly and efficient 9 handling of business and the custody, use and preservation of the records, 10 papers, books and property belonging to the public health district; 11 (3) To administer oaths for all purposes required in the discharge of his 12 duties; 13 (4) With the approval of the district board to: 14 (a) Prescribe the positions and the qualifications of all personnel under 15 the district health director on a nonpartisan merit basis in accordance 16 with the objective standards approved by the district board. 17 (b) Fix the rate of pay and appoint, promote, demote, and separate such 18 employees and to perform such other personnel actions as are needed from 19 time to time in conformance with the requirements ofchapter 53, title 6720 sections 67-3532 through 67-3561, Idaho Code. 21 (c) Create such units and sections as are or may be necessary for the 22 proper and efficient functioning of the duties herein imposed. 23 SECTION 28. That Section 39-3004, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-3004. STATE NUCLEAR ENERGY COMMISSION ESTABLISHED. 1. There is hereby 26 established in the office of the governor the state nuclear energy commission, 27 consisting of five (5) members appointed by the governor and serving at his 28 pleasure. One (1) of the members shall be selected for his knowledge of regu- 29 latory functions of nuclear energy. Not more than three (3) of the members may 30 be from any one (1) political party. The members' term of office shall be four 31 (4) years, except that the terms of those first appointed shall expire as fol- 32 lows: two (2) at the end of two (2) years after the effective date of this 33 act; two (2) at the end of three (3) years after such date; and one (1) at the 34 end of four (4) years after such date. If a vacancy occurs, the governor shall 35 appoint a member for the remaining portion of that term. The governor shall 36 designate from his appointees a member to serve as chairman of the commission. 37 The director of the office of nuclear energy development shall be an ex 38 officio member and the secretary of the commission. The administrator of the 39 state radiation control agency or his alternate, the state radiological con- 40 trol officer, shall also be an ex officio member of the commission. While 41 actually engaged in the business of the commission, members of the commission 42 shall be compensated as provided by section 59-509(f), Idaho Code. 43 2. The commission shall: 44 a. Establish an office and employ an executive who shall be designated as 45 the director. The director shall serve at the pleasure of the commission, 46 and his compensation shall be fixed within the limits of appropriations 47 made therefor. The director shall devote his entire time to the duties of 48 his office and shall have no other gainful employment or occupation. The 49 director shall be selected with special reference to his knowledge and 50 administrative capabilities in matters pertaining to industrial, agricul- 51 tural, educational and institutional applications of nuclear energy. The 52 director shall serve under the direction of the commission and in his 53 office will be vested the administration of the promotional and develop- 52 1 ment programs of this act. 2 b. Review prior to promulgation the proposed rules and regulations of the 3 state radiation control agency and of other boards, agencies, and commis- 4 sions of this state relating to use and control of sources of ionizing 5 radiation to assure that such rules and regulations are consistent with 6 rules and regulations of other agencies, boards and commissions of the 7 state. Propose rules and regulations which will not become effective until 8 ninety (90) days after submission to the commission unless the commission 9 waives all or any part of such ninety (90) day period. When the commission 10 determines that any proposed rules or regulations or parts thereof are 11 inconsistent with rules and regulations of other agencies, boards or com- 12 missions of the state the commission will so advise the governor and the 13 appropriate agencies, boards or commissions, and consult with them in the 14 effort to resolve any inconsistencies. 15 c. Review and evaluate policies and programs of the state including those 16 of the boards, agencies and commissions of this state, relating to nuclear 17 energy. 18 d. Coordinate the nuclear energy development and regulatory activities of 19 the several departments and agencies of this state including specifically 20 the state board of health and welfare, the state department of labor,and21industrial services,the state industrial commission, and thedivision of22tourism and industrial developmentdepartment 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 ofchapter 53, title 67sections 67-3532 27 through 67-3561, Idaho Code, employ, compensate and prescribe powers and 28 duties of such individuals as may be necessary to properly carry out the 29 duties of the commission from whatever funds which may be available to the 30 commission for such purpose. 31 g. Make an annual report to the governor. 32 3. The commission and the director shall be the focal point in state gov- 33 ernment for coordination of the promotion and development of nuclear energy 34 for peaceful and productive purposes in this state and shall have the follow- 35 ing general powers and duties: 36 a. To advance the nuclear possibilities of the state by stimulating the 37 interest of industry, agriculture and education around the state's nuclear 38 resources and opportunities. 39 b. To advise, consult and cooperate with other agencies of the state, the 40 federal government, other states and interstate agencies, political subdi- 41 visions and other groups functioning in fields related to nuclear energy. 42 c. To advise the governor in developing and promoting a state policy for 43 nuclear energy research, development and education. 44 d. To advise and assist the governor with regard to the status of nuclear 45 energy research, development and education, and to assure increasing prog- 46 ress in this field within the state. 47 e. To sponsor or conduct studies, collect and disseminate information, 48 and issue periodic reports with regard to nuclear energy research, devel- 49 opment and education, and proposals for further progress in the field of 50 nuclear energy, and the power to acquire land and facilities for such pur- 51 poses is specifically delegated to this commission. 52 f. To gather, maintain, and disseminate available information concerning 53 appropriate sites throughout the state and the advantages of locating 54 nuclear energy industries within the state. 55 g. To foster and support research and education relating to nuclear 53 1 energy by arranging, accepting and administering contracts, grants or 2 other appropriate means of assistance. 3 h. To keep the several departments and agencies informed as to private 4 and public activities affecting nuclear industrial development and nuclear 5 education and training and to enlist their cooperation in taking action to 6 further such development, education and training to the end that through 7 state activity the state's nuclear resources and nuclear energy position 8 through the federal base may be augmented by a healthy private enterprise 9 component. 10 i. To keep the public informed with respect to nuclear energy development 11 within the state and the activities of the state relating thereto. 12 j. To accept donations of funds, grants, gifts or property of any nature 13 to the use for which granted. Such donations are hereby appropriated to 14 said commission to be used in addition to any other direct appropriations. 15 SECTION 29. That Section 39-4115, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 39-4115. PERSONNEL. The division shall employ a bureau chief, who shall 18 in addition to his other duties, function as the executive director of the 19 board, and such other personnel as necessary to effect enforcement of the 20 codes herein enumerated or otherwise prescribed by rules promulgated by the 21 board pursuant to this chapter. All such employees, except the bureau chief, 22 shall be classified as prescribed inchapter 53, title 67sections 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 ofchapter 53, title 67sections 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 ofchapter 53, title 67sec- 40 tions 67-3532 through 67-3561, Idaho Code. 41 SECTION 31. That Section 39-6002, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 39-6002. CHILDREN'S TRUST FUND BOARD -- POWERS AND DUTIES. To carry out 44 the purposes of this chapter, the children's trust fund board may: 45 (1) Contract with public or private nonprofit organizations, agencies, 46 schools or with qualified individuals for the establishment of community-based 47 educational and service programs designed to reduce the occurrence of child 48 abuse and neglect. Each contract entered into by the board shall contain a 49 provision for the evaluation of services provided under the contract. Con- 54 1 tracts for services to prevent child abuse and child neglect may be awarded to 2 existing programs and to demonstration projects. Continuation of contracts 3 shall be based upon goal attainment. 4 (2) Facilitate the exchange of information between groups concerned with 5 families and children. 6 (3) Consult with state departments, agencies, commissions and boards to 7 help determine the probable effectiveness, fiscal soundness, and need for pro- 8 posed educational and service programs for the prevention of child abuse and 9 neglect. 10 (4) The children's trust fund board may adopt rules pursuant to chapter 11 52, title 67, Idaho Code, to carry out the provisions of this chapter. 12 (5) Employ and shall fix the compensation of a part-time administrator 13 who shall be designated as the executive director of the board and who shall 14 be exempt from the provisions ofchapter 53, title 67sections 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 ofchapter 53, title 67sections 32 67-3532 through 67-3561, Idaho Code. 33 (2) An office of the chief engineer of the department is established, and 34 the chief engineer shall be a registered professional engineer, holding a cur- 35 rent certificate of registration in accordance with the laws of this state, or 36 who, having those qualifications shall within nine (9) months after his 37 appointment, qualify as a registered professional engineer in accordance with 38 the laws of Idaho. The chief engineer shall also have had five (5) years of 39 actual experience in highway engineering, at least three (3) of which shall 40 have been in an administrative capacity involving the direction of a substan- 41 tial technical engineering staff. The chief engineer shall not hold any other 42 public office, nor any office in any political committee or organization, and 43 shall devote full time to the performance of his official duties under the 44 control and direction of the director. The chief engineer shall receive com- 45 pensation and reimbursement for travel and expenses as may be established by 46 the director. 47 SECTION 33. That Section 41-206, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 41-206. DIVISIONS AND EMPLOYEES. (1) The department shall be organized 50 into such divisions and such other units as may be administratively estab- 51 lished in order to efficiently administer the department. Each division shall 55 1 be headed by a division administrator who shall be appointed by and serve at 2 the pleasure of the director, and shall be a nonclassified employee exempt 3 from the provisions ofchapter 53, title 67sections 67-3532 through 67-3561, 4 Idaho Code. 5 (2) The director may pursuant tochapter 53, title 67sections 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 ofchapter 53, title 6727 sections 67-3532 through 67-3561, Idaho Code. 28 SECTION 35. That Section 42-1701, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 42-1701. CREATION OF DEPARTMENT OF WATER RESOURCES -- DIRECTOR -- QUALI- 31 FICATIONS -- DUTIES. (1) There is hereby created the department of water 32 resources, which shall, for the purposes of section 20, article IV, of the 33 constitution of the state of Idaho, be an executive department of the state 34 government. 35 (2) The executive and administrative authority of the department, except 36 such authority as is specifically assigned by law to the water resource board, 37 shall be vested in a director of the department of water resources who shall 38 be a licensed civil or hydraulic engineer, and shall have had not less than 39 five (5) years' experience in the active practice of such profession, and 40 shall be familiar with irrigation in Idaho. 41 (3) The director may delegate such duties as are imposed upon him by law 42 to an employee of the department of water resources whenever in the opinion of 43 the director, such delegation is necessary for the efficient administration of 44 his duties. 45 (4) The director shall organize the department into such divisions and 46 other administrative sub-units as may be necessary in order to efficiently 47 administer the department. All employees of the department, except the direc- 48 tor, shall be selected and appointed by the director in conformance with the 49 provisions ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho 50 Code. 51 (5) The director and/or employees of the department of water resources 56 1 may make reasonable entry upon any lands in the state for the purpose of mak- 2 ing investigations and surveys, or for other purposes necessary to carry out 3 the duties imposed by law. 4 (6) (a) Any authorization or order of the Idaho public utilities commis- 5 sion, under the provisions of section 61-328, Idaho Code, approving the 6 sale, assignment or transfer of hydropower water rights used in the gener- 7 ation of electric power shall be issued only upon such conditions as the 8 director of the department of water resources shall require as necessary 9 to prevent any change in use of water under the water rights held for 10 hydropower purposes that would cause injury to any water rights existing 11 on the date of the sale, assignment or transfer. Any such conditions shall 12 ensure that the public interest, as it pertains to the use of water under 13 the hydropower water rights, will not be adversely affected. Conditions, 14 if any, imposed by the director shall be subject to review under section 15 42-1701A(4), Idaho Code. 16 (b) Subsection (6)(a) of this section may be satisfied by a written 17 agreement between the holder of a water right held for hydropower purposes 18 and the governor, which agreement has been ratified by the legislature of 19 the state of Idaho. The agreement between the governor and the Idaho Power 20 Company dated October 15, 1984, and ratified by the legislature of the 21 state of Idaho pursuant to section 42-203B, Idaho Code, and the subordina- 22 tion provisions relating to the Idaho Power Company's water rights satisfy 23 subsection (6)(a) of this section. 24 SECTION 36. That Section 46-112, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 46-112. DUTIES OF THE ADJUTANT GENERAL. The duties of the adjutant gen- 27 eral are: 28 (1) To be chief of staff to the commander-in-chief and administrative 29 head of the military division of the office of governor. 30 (2) To be custodian of all military records and property of the national 31 guard and organized militia. 32 (3) To publish and distribute all orders from the governor as commander- 33 in-chief and perform such other duties as the governor may direct. 34 (4) Subject to the provisions of section67-5303(j)67-3534(11), Idaho 35 Code, to employ such clerical and other personnel as may be required in the 36 military division of the office of the governor. 37 (5) To pay the members of the national guard when such members are to be 38 paid from state funds. 39 (6) To attend to the care, maintenance, repair and safekeeping of all 40 federal equipment issued to the state of Idaho for the use of the national 41 guard. 42 (7) To be custodian of the seal of the office of adjutant general and to 43 deliver the same to his successor. 44 (8) To organize such units and recruit such personnel, with the consent 45 of the governor, as may be authorized by federal law and regulations, and as 46 may be required for the security of the state of Idaho. 47 (9) To supervise the training of the national guard and the organized 48 militia. 49 (10) To make such returns and reports as may be required by the federal 50 laws and regulations. 51 (11) To coordinate the planning and execution of state activities pertain- 52 ing to the inauguration of the governor of the state of Idaho and the other 53 elected state executive officers. 57 1 SECTION 37. That Section 46-1207, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 46-1207. ADMINISTRATIVE SUPPORT. The council may, with concurrence of the 4 governor of the state of Idaho, create the position of a project manager and 5 the position of an administrative assistant, which positions shall be exempt 6 from the requirements of the merit system,chapter 53, title 67sections 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 thepersonnel commissionclassification and compensation plan 22 set forth in sections67-530967-3532 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 67sections 67-3532 through 49 67-3561, Idaho Code. 50 It is also legislative intent that the matters of location of deposit of 58 1 Idaho state independent living council funds, or the instruments or documents 2 of payment from those funds shall be construed as no more than items of conve- 3 nience for the conduct of business, and in no way reflect upon the nature or 4 status of the Idaho state independent living council as an entity of govern- 5 ment. 6 This section merely affirms that the Idaho state independent living coun- 7 cil created under this chapter is not a state agency and in no way changes the 8 character of it as it existed prior to this chapter. The functions previously 9 performed by the state independent living council created by executive order 10 no. 2002-05, are hereby transferred to the Idaho state independent living 11 council pursuant to this chapter. 12 SECTION 40. That Section 57-727, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 57-727. MANAGER OF INVESTMENTS -- STAFF -- LEGAL ADVISORS. (1) With the 15 approval of two-thirds (2/3) of the members of the board, a manager of invest- 16 ments and other portfolio managers may be employed or contracted with who 17 shall perform such managerial activities and functions as the board may 18 direct. The manager of investments and portfolio managers shall serve at the 19 pleasure of the board in nonclassified positions, if such persons are employ- 20 ees. The manager of investments and portfolio managers may either be employed 21 by the board or serve pursuant to contract. The salary or compensation of the 22 manager of investments and portfolio managers shall be set by the board, sub- 23 ject to approval of the governor, and be paid from appropriations made there- 24 for. The manager of investments and portfolio managers shall be bonded in an 25 amount established by the board if these persons are employees. If these func- 26 tions are performed pursuant to contract, the contract shall contain a clause 27 to provide for bonding of the contractor's personnel. 28 (2) The board may authorize the employment of whatever staff it deems 29 necessary for the administration of the board's business. The manager of 30 investments may hire portfolio managers and other necessary staff who shall 31 hold their respective positions subject to the rules of theadministrator32 bureau chief of thedivisionbureau of human resources promulgated pursuant to 33 chapter 52, title 67, Idaho Code. The salaries of all staff members shall be 34 paid from appropriations made therefor. 35 (3) The director of the department of finance shall have access to any 36 and all books and records maintained by the manager of investments and his 37 staff as the board may deem necessary. 38 (4) The board shall be furnished adequate and qualified legal advisors by 39 the attorney general's office. 40 (5) All current expenses, capital outlay, and travel expenses shall be 41 paid from appropriations made therefor. 42 (6) The board shall, upon request of the agency involved, furnish advice 43 to the treasurer, the manager of the state insurance fund, and the public 44 employee retirement board, and the board may, upon request of the agency, 45 invest funds of the requesting agency. 46 SECTION 41. That Section 58-105, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 58-105. DIRECTOR. The department of lands shall have an officer at its 49 head who shall be known as the director, who shall, subject to the general 50 regulation and control of the state board of land commissioners, exercise the 51 powers and discharge the duties vested by law in him or in his department. The 59 1 director may administer and certify oaths. With the approval of the state 2 board of land commissioners, the director shall provide for the organization 3 of the department, its subordinate divisions and the administrators thereof, 4 the hiring of assistants, clerks or other professional personnel pursuant to 5chapter 53, title 67sections 67-3532 through 67-3561, Idaho Code, and shall 6 apportion the duties between such divisions or personnel as he may deem neces- 7 sary to the conduct of the business of the department. The director shall pro- 8 mulgate such rules and regulations, subject to the approval of the board of 9 land commissioners, as will assure the effective administration of the depart- 10 ment and implementation of the directives of the state board of land commis- 11 sioners. 12 SECTION 42. That Section 59-904, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All 15 vacancies in any state office, and in the supreme and district courts, unless 16 otherwise provided for by law, shall be filled by appointment by the governor. 17 Appointments to fill vacancies pursuant to this section shall be made as pro- 18 vided in subsections (b), (c), (d), (e),and (f) of this section, subject to 19 the limitations prescribed in those subsections. 20 (b) Nominations and appointments to fill vacancies occurring in the 21 office of lieutenant governor, state controller, state treasurer, superintend- 22 ent of public instruction, attorney general and secretary of state shall be 23 made by the governor, subject to the advice and consent of the senate, for the 24 balance of the term of office to which the predecessor of the person appointed 25 was elected. 26 (c) Nominations and appointments to and vacancies in the following listed 27 offices shall be made or filled by the governor subject to the advice and con- 28 sent of the senate for the terms prescribed by law, or in case such terms are 29 not prescribed by law, then to serve at the pleasure of the governor: 30 Director of the department of administration, 31 Director of the department of finance, 32 Director of the department of insurance, 33 Director, department of agriculture, 34 Director of the department of water resources, 35 Director of the Idaho state police, 36 Director of the department of commerce and labor, 37 Director of the department of environmental quality, 38 Director of the department of juvenile corrections, 39 Executive director of the commission of pardons and parole, 40 The state historic preservation officer, 41The 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 resourcesboard, 46 Members of the state fish and game commission, 47 Members of the Idaho transportation board, 48 Members of the state board of health and welfare, 49 Members of the board of environmental quality, 50 Members of the board of directors of state parks and recreation, 51 Members of the board of correction, 52 Members of the industrial commission, 53 Members of the Idaho public utilities commission, 60 1 Members of the Idaho personnel commission, 2 Members of the board of directors of the Idaho state retirement system, 3 Members of the board of directors of the state insurance fund, 4 Members of the commission of pardons and parole. 5 (d) Appointments made by the state board of land commissioners to the 6 office of director, department of lands, and appointments to fill vacancies 7 occurring in those offices shall be submitted by the president of the state 8 board of land commissioners to the senate for the advice and consent of the 9 senate in accordance with the procedure prescribed in this section. 10 (e) Appointments made pursuant to this section while the senate is in 11 session shall be submitted to the senate forthwith for the advice and consent 12 of that body. The appointment so made and submitted shall not be effective 13 until the approval of the senate has been recorded in the journal of the sen- 14 ate. Appointments made pursuant to this section while the senate is not in 15 session shall be effective until the appointment has been submitted to the 16 senate for the advice and consent of the senate. Should the senate adjourn 17 without granting its consent to such an interim appointment the appointment 18 shall thereupon become void and a vacancy in the office to which the appoint- 19 ment was made shall exist. 20 All appointments made pursuant to subsection (c) of this section, except 21 those appointments for which a term of office is fixed by law, shall terminate 22 at the expiration of any gubernatorial term. Appointments to fill the vacan- 23 cies thus created by the expiration of the term of office of the governor 24 shall be forthwith submitted to the senate for the advice and consent of that 25 body, and when so submitted shall be as expeditiously considered as possible. 26 Upon receipt of an appointment in the senate for the purpose of securing 27 the advice and consent of the senate, the appointment shall be referred by the 28 presiding officer to the appropriate committee of the senate for consideration 29 and report prior to action thereon by the full senate. 30 (f) It is the intent of the legislature that the provisions of this sec- 31 tion as amended by this chapter shall not apply to appointments which have 32 been made prior to the effective date of this chapter. It is the further 33 intent of the legislature that the provisions of this section shall apply to 34 the offices listed in this section and to any office created by law or execu- 35 tive order which succeeds to the powers, duties, responsibilities and authori- 36 ties of any of the offices listed in subsections (c) and (d) of this section. 37 SECTION 43. That Section 59-1205, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 59-1205. POSITION OF PERSONNEL GROUP INSURANCE ADMINISTRATOR CREATED -- 40 APPOINTMENT. (1) There is hereby created in the department of administration 41 the position of personnel group insurance administrator. The personnel group 42 insurance administrator shall be director of the department of administration, 43 or his designee who shall be directly responsible to the director of the 44 department. The administrator shall not be subject to the provisions ofchap-45ter 53, title 67sections 67-3532 through 67-3561, Idaho Code. The administra- 46 tor may employ and fix the compensation of such additional personnel, and con- 47 tract for such professional or technical services or assistance, as may be 48 reasonably necessary for fulfillment of the responsibilities of the adminis- 49 trator. 50 (2) For the purposes of the act, "administrator" means the personnel 51 group insurance administrator. 52 SECTION 44. That Section 59-1302, Idaho Code, be, and the same is hereby 61 1 amended to read as follows: 2 59-1302. DEFINITIONS. (1) As used in this chapter, each of the terms 3 defined in this section shall have the meaning given in this section unless a 4 different meaning is clearly required by the context. 5 (2) "Active member" means any employee who is not establishing the right 6 to receive benefits through his or her employer's participation in any other 7 retirement system established for Idaho public employees, if such participa- 8 tion is mandated by applicable Idaho statutes other than this chapter. In no 9 case will an employee be entitled to any benefit under this chapter for public 10 service if such employee is establishing retirement benefit entitlements by 11 other Idaho statutes or federal statutes other than military service or social 12 security for that same service. 13 (3) "Accumulated contributions" means the sum of amounts contributed by a 14 member of the system, together with regular interest credit thereon. 15 (4) "Actuarial equivalent" means a benefit equal in value to another ben- 16 efit, when computed upon the basis of the actuarial tables in use by the sys- 17 tem. 18 (5) "Actuarial tables" means such tables as shall have been adopted by 19 the board in accordance with recommendations of the actuary. 20 (5A) "Alternate payee" means a spouse or former spouse of a member who is 21 recognized by an approved domestic retirement order as having a right to all 22 or a portion of the accrued benefits in the retirement system with respect to 23 such member. 24 (5B) "Approved domestic retirement order" means a domestic retirement 25 order which creates or recognizes the existence of an alternate payee's right 26 or assigns to an alternate payee the right to all or a portion of the accrued 27 benefits of a member under the retirement system, which directs the system to 28 establish a segregated account or disburse benefits to an alternate payee, and 29 which the executive director of the retirement system has determined meets the 30 requirements of sections 59-1319 and 59-1320, Idaho Code. 31 (5C) "Average monthly salary" means the member's average salary during the 32 base period as calculated pursuant to rules adopted by the retirement board. 33 (5D) (a) "Base period" means the period of fifty-four (54) consecutive 34 calendar months during which the member earned: 35 (i) The highest average salary; and 36 (ii) Membership service of at least one-half (1/2) the number of 37 months in the period, excluding months of service attributable to: 38 A. Military service; 39 B. Service qualifying as minimum benefit pursuant to section 40 59-1342(5), Idaho Code; and 41 C. Worker's compensation income benefits. 42 (b) Effective October 1, 1993, the consecutive calendar months shall be 43 forty-eight (48). Effective October 1, 1994, the consecutive calendar 44 months shall be forty-two (42). 45 (c) Entitlement to a base period shall not vest until the effective date 46 of that base period. The retirement benefits shall be calculated on the 47 amounts, terms and conditions in effect at the date of the final contribu- 48 tion by the member. 49 (d) If no base period exists for a member, the member's average monthly 50 salary shall be determined by the board, using standards not inconsistent 51 with those established in this subsection. 52 (e) To assure equitable treatment for all members, salary increments 53 inconsistent with usual compensation patterns may be disallowed by the 54 board in determining average monthly salary and base period. 62 1 (6) "Beneficiary" means the person who is nominated by the written desig- 2 nation of a member, duly executed and filed with the board, to receive the 3 death benefit. 4 (7) "Calendar year" means twelve (12) calendar months commencing on the 5 first day of January. 6 (7A) "Contingent annuitant" means the person designated by a member under 7 certain retirement options to receive benefit payments upon the death of the 8 member. The person so designated must be born and living on the effective date 9 of retirement. 10 (8) "Credited service" means the aggregate of membership service, prior 11 service and disabled service. 12 (9) "Date of establishment" means July 1, 1965, or a later date estab- 13 lished by the board or statute. 14 (10) "Death benefit" means the amount, if any, payable upon the death of a 15 member. 16 (11) "Disability retirement allowance" means the periodic payment becoming 17 payable upon an active member's ceasing to be an employee while eligible for 18 disability retirement. 19 (12) "Disabled" means: 20 (a) That the member is prevented from engaging in any occupation or 21 employment for remuneration or profit as a result of bodily injury or dis- 22 ease, either occupational or nonoccupational in cause, but excluding dis- 23 abilities resulting from service in the armed forces of any country, or 24 from an intentionally self-inflicted injury; and 25 (b) That the member will likely remain so disabled permanently and con- 26 tinuously during the remainder of the member's life. 27 It is not necessary that a person be absolutely helpless or entirely unable to 28 do anything worthy of compensation to be considered disabled. If the person is 29 so disabled that substantially all the avenues of employment are reasonably 30 closed to the person, that condition is within the meaning of "disabled." In 31 evaluating whether a person is disabled, medical factors and nonmedical fac- 32 tors including, but not limited to, education, economic and social environ- 33 ment, training and usable skills may be considered. 34 Refusal to submit to a medical examination ordered by the board before the 35 commencement of a disability retirement allowance or at any reasonable time 36 thereafter shall constitute proof that the member is not disabled. The board 37 shall be empowered to select for such medical examination one (1) or more phy- 38 sicians or surgeons who are licensed to practice medicine and perform surgery. 39 The fees and expenses of such examination shall be paid from the administra- 40 tion account of the fund. No member shall be required to undergo such examina- 41 tion more often than once each year after he has received a disability retire- 42 ment allowance continuously for two (2) years. 43 (12A) "Disabled service" means the total number of months elapsing from 44 the first day of the month next succeeding the final contribution of a member 45 prior to receiving a disability retirement allowance to the first day of the 46 month following the date of termination of such disability retirement allow- 47 ance. During such period, the member shall remain classified in the membership 48 category held during the month of final contribution. The total number of 49 months of disabled service credited for a person first becoming disabled after 50 the effective date of this chapter shall not exceed the excess, if any, of 51 three hundred sixty (360) over the total number of months of prior service and 52 membership service. 53 (12B) "Domestic retirement order" means any judgment, decree, or order, 54 including approval of a property settlement agreement which relates to the 55 provision of marital property rights to a spouse or former spouse of a member, 63 1 and is made pursuant to a domestic relations law, including the community 2 property law of the state of Idaho or of another state. 3 (13) "Early retirement allowance" means the periodic payment becoming pay- 4 able upon an active member's ceasing to be an employee while eligible for 5 early retirement. 6 (14) (A) "Employee" means: 7 (a) Any person who normally works twenty (20) hours or more per week for 8 an employer or a school teacher who works half-time or more for an 9 employer and who receives salary for services rendered for such employer; 10 or 11 (b) Elected officials or appointed officials of an employer who receive a 12 salary; or 13 (c) A person who is separated from service with less than five (5) con- 14 secutive months of employment and who is reemployed or reinstated by the 15 same employer within thirty (30) days. 16 (B) "Employee" does not include employment as: 17 (a) A person rendering service to an employer in the capacity of an inde- 18 pendent business, trade or profession; or 19 (b) A person whose employment with any employer does not total five (5) 20 consecutive months; or 21 (c) A person provided sheltered employment or made-work by a public 22 employer in an employment or industries program maintained for the benefit 23 of such person; or 24 (d) An inmate of a state institution, whether or not receiving compensa- 25 tion for services performed for the institution; or 26 (e) A student enrolled in an undergraduate, graduate, or professional- 27 technical program at and employed by a state college, university, commu- 28 nity college or professional-technical center when such employment is 29 predicated on student status; or 30 (f) A person making contributions to the United States civil service com- 31 mission under the United States Civil Service System Retirement Act except 32 that a person who receives separate remuneration for work currently per- 33 formed for an employer and the United States government may elect to be a 34 member of the retirement system in accordance with rules of the board; or 35 (g) A person occupying a position that does not exceed eight (8) consecu- 36 tive months in a calendar year with a city or county when the city or 37 county has certified, in writing to the system, the position is (i) sea- 38 sonal or casual; and (ii) affected by weather and the growing season, 39 including parks and golf course positions; or 40 (h) A person in a position that (i) is eligible for participation in an 41 optional retirement program established under section 33-107A or 33-107B, 42 Idaho Code, or (ii) would be eligible for participation in an optional 43 retirement program established under section 33-107A or 33-107B, Idaho 44 Code, if the person was not working less than half-time or less than 45 twenty (20) hours per week. 46 (15) "Employer" means the state of Idaho, or any political subdivision or 47 governmental entity, provided such subdivision or entity has elected to come 48 into the system. Governmental entity means any organization composed of units 49 of government of Idaho or organizations funded only by government or employee 50 contributions or organizations who discharge governmental responsibilities or 51 proprietary responsibilities that would otherwise be performed by government. 52 All governmental entities are deemed to be political subdivisions for the pur- 53 pose of this chapter. 54 (15A) "Final contribution" means the final contribution made by a member 55 pursuant to sections 59-1331 through 59-1334, Idaho Code. 64 1 (16) "Firefighter" means an employee, including paid firefighters hired on 2 or after October 1, 1980, whose primary occupation is that of preventing and 3 extinguishing fires as determined by the rules of the board. 4 (17) "Fiscal year" means the period beginning on July 1 in any year and 5 ending on June 30 of the next succeeding year. 6 (18) "Fund" means the public employee retirement fund established by this 7 chapter. 8 (19) "Funding agent" means any bank or banks, trust company or trust com- 9 panies, legal reserve life insurance company or legal reserve life insurance 10 companies, or combinations thereof, any thrift institution or credit union or 11 any investment management firm or individual investment manager selected by 12 the board to hold and/or invest the employers' and members' contributions and 13 pay certain benefits granted under this chapter. 14 (20) "Inactive member" means a former active member who is not an employee 15 and is not receiving any form of retirement allowance, but for whom a separa- 16 tion benefit has not become payable. 17 (20A) "Lifetime annuity" means periodic monthly payments of income by the 18 retirement system to an alternate payee. 19 (20B) "Lump sum distribution" means a payment by the retirement system of 20 the entire balance in the alternate payee's segregated account, together with 21 regular interest credited thereon. 22 (21) "Member" means an active member, inactive member or a retired member. 23 (22) "Membership service" means military service which occurs after the 24 commencement of contributions payable under sections 59-1331 through 59-1334, 25 Idaho Code, and service with respect to which contributions are payable under 26 sections 59-1331 through 59-1334, Idaho Code, which, except for benefit calcu- 27 lations described in sections 59-1342 and 59-1353, Idaho Code, includes ser- 28 vice transferred to a segregated account under an approved domestic retirement 29 order. 30 (23) "Military service" means any period of active duty service in the 31 armed forces of the United States including the national guard and reserves, 32 under the provisions of title 10, title 32, and title 37, United States code, 33 which commences less than ninety (90) days after the person ceases to be an 34 employee and ends less than ninety (90) days before the person again becomes 35 an employee. Provided, if a member fails to again become an employee due to 36 being killed while in active duty service, the member shall be entitled to 37 military service through the date of death. In no event shall military service 38 include: 39 (a) Any period ended by dishonorable discharge or during which termina- 40 tion of such service is available but not accepted; or 41 (b) Any active duty service in excess of five (5) years if at the conve- 42 nience of the United States government, or in excess of four (4) years if 43 not at the convenience of the United States government. 44 (24) (a) "Police officer" for retirement purposes shall be as defined in 45 section 59-1303, Idaho Code. 46 (b) "POST" means the Idaho peace officer standards and training council 47 established in chapter 51, title 19, Idaho Code. 48 (25) "Prior service" means any period prior to July 1, 1965, of military 49 service or of employment for the state of Idaho or any political subdivision 50 or other employer of each employee who is an active member or in military ser- 51 vice or on leave of absence on the date of establishment, provided, however, 52 an employee who was not an active member or in military service or on leave of 53 absence on the date of establishment shall receive credit for the member's 54 service prior to July 1, 1965, on the basis of recognizing two (2) months of 55 such service for each month of membership service. For the purpose of comput- 65 1 ing such service, no deduction shall be made for any continuous period of 2 absence from service or military service of six (6) months or less. 3 (26) "Regular interest" means interest at the rate set from time to time 4 by the board. 5 (27) "Retired member" means a former active member receiving a retirement 6 allowance. 7 (28) "Retirement" means the acceptance of a retirement allowance under 8 this chapter upon termination of employment. 9 (29) "Retirement board" or "board" means the board provided for in sec- 10 tions 59-1304 and 59-1305, Idaho Code, to administer the retirement system. 11 (30) "Retirement system" or "system" means the public employee retirement 12 system of Idaho. 13 (31) (A) "Salary" means: 14 (a) The total salary or wages paid to a person who meets the definition 15 of employee by an employer for personal services performed and reported 16 by the employer for income tax purposes, including the cash value of all 17 remuneration in any medium other than cash. 18 (b) The total amount of any voluntary reduction in salary agreed to by 19 the member and employer where the reduction is used as an alternative form 20 of remuneration to the member. 21 (B) Salary in excess of the compensation limitations set forth in section 22 401(a)(17) of the Internal Revenue Code shall be disregarded for any person 23 who becomes a member of the system on or after July 1, 1996. The system had no 24 limitations on compensation in effect on July 1, 1993. The compensation limi- 25 tations set forth in section 401(a)(17) of the Internal Revenue Code shall not 26 apply for an "eligible employee." For purposes of this subsection, "eligible 27 employee" is an individual who was a member of the system before July 1, 1996. 28 (C) "Salary" does not include: 29 (a) Contributions by employers to employee held medical savings accounts, 30 as those accounts are defined in section 63-3022K, Idaho Code. 31 (b) Lump sum payments inconsistent with usual compensation patterns made 32 by the employer to the employee only upon termination from service includ- 33 ing, but not limited to, vacation payoffs, sick leave payoffs, early 34 retirement incentive payments and bonuses. 35 (31A) "Segregated account" means the account established by the retirement 36 system for the alternate payee of a member who is not a retired member. It 37 shall include the months of credited service and accumulated contributions 38 transferred from the member's account. 39 (32) "Separation benefit" means the amount, if any, payable upon or subse- 40 quent to separation from service. 41 (33) "Service" means being shown on an employer's payroll as an employee 42 receiving a salary. For each calendar month, service is credited only when a 43 member is an employee as defined in subsection (14)(A) of this section and is 44 employed for fifteen (15) days or more during the calendar month. Employment 45 of fourteen (14) days or less during any calendar month shall not be credited. 46 No more than one (1) month of service shall be credited for all service in any 47 month. 48 (34) "Service retirement allowance" means the periodic payment becoming 49 payable upon an active member's ceasing to be an employee while eligible for 50 service retirement. 51 (35) "State" means the state of Idaho. 52 (36) "Vested member" means an active or inactive member who has at least 53 five (5) years of credited service, except that a member, who at the time of 54 his separation from service: 55 (a) Held an office to which he had been elected by popular vote or having 66 1 a term fixed by the constitution, statute or charter or was appointed to 2 such office by an elected official; or 3 (b) Was the head or director of a department, division, agency, statutory 4 section or bureau of the state; or 5 (c) Was employed on or after July 1, 1965, by an elected official of the 6 state of Idaho and occupied a position exempt from the provisions ofchap-7ter 53, title 67sections 67-3532 through 67-3561, Idaho Code; and 8 (d) Was not covered by a merit system for employees of the state of 9 Idaho, 10 is vested without regard to the length of credited service. 11 (37) The masculine pronoun, wherever used, shall include the feminine pro- 12 noun. 13 SECTION 45. That Section 59-1303, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in 16 this chapter, each of the terms defined in this section shall have the meaning 17 given in this section unless a different meaning is clearly required by the 18 context. 19 (2) Police officer membership status for retirement purposes may be fixed 20 only by law, or by order of the retirement board. 21 (3) Members holding or filling the following positions or offices are 22 designated by law as police officer members for retirement purposes during the 23 time of their appointment to that position or during their term of office: 24 (a) (i) The director and deputy director of the Idaho state police. 25 (ii) Commissioned personnel of the Idaho state police holding posi- 26 tions which involve active law enforcement services, for which cur- 27 rent POST certification is required to continue in employment in the 28 position, POST training coordinators, and Idaho state police training 29 coordinators. 30 (iii) Brand inspectors and brand inspector supervisors. 31 (iv) Employees of the Idaho state police serving in positions of 32 personnel management, accounting, data processing, clerical services 33 and in like general classifications found in departments throughout 34 state government and not within the scope of active law enforcement 35 service are not eligible for police officer member status. 36 (b) (i) County sheriffs; 37 (ii) Deputy county sheriffs holding positions for which current POST 38 certification is necessary to continue in employment in the position, 39 and the principal duties of which are active law enforcement service, 40 accountability for the safety and safekeeping of persons confined in 41 a county confinement facility, or active participation in county law 42 enforcement activities pertaining to crime prevention or reduction. 43 Deputy sheriffs, even though POST certified or required to be POST 44 certified, holding positions whose principal full-time duties are 45 those of a telephone operator, dispatcher, clerk, stenographer, ani- 46 mal control officer, records specialist, or duties not within the 47 scope of active law enforcement service are not eligible for police 48 officer member status. 49 (c) (i) City police chiefs; 50 (ii) City police officers holding positions for which current POST 51 certification is necessary to continue in employment in the position, 52 and the principal duties of which are active law enforcement service 53 or active participation in city law enforcement activities pertaining 67 1 to crime prevention or reduction. Police officers, even though POST 2 certified or required to be POST certified, holding positions whose 3 principal full-time duties are those of a telephone operator, 4 dispatcher, clerk, stenographer, animal control officer, records spe- 5 cialist, or duties not within the scope of active law enforcement 6 service are not eligible for police officer member status. 7 (d) Employees of the department of fish and game serving in a conserva- 8 tion officer position for which current POST certification is necessary to 9 continue in employment in that position and which position has as its pri- 10 mary accountability the enforcement of wildlife protection laws and regu- 11 lations. 12 (e) (i) The director of the department of correction, the deputy direc- 13 tor for probation and parole, and wardens of institutions; 14 (ii) Employees of the department of correction accountable for the 15 custody, safety, safekeeping or supervision of persons confined in a 16 department confinement facility and whose work station is located 17 within the confinement facility; 18 (iii) Probation and parole supervisors, probation and parole investi- 19 gators, and probation and parole officers; 20 (iv) Correctional peace officer training instructors; 21 (v) Employees of the department of correction serving in positions 22 of personnel management, accounting, data processing, clerical ser- 23 vices and in like general classifications found in departments 24 throughout state government and not within the scope of active law 25 enforcement service are not eligible for police officer member sta- 26 tus. 27 (f) Employees of the adjutant general and military division of the state 28 where military membership is a condition of employment. 29 (g) Magistrates of the district court; justices of the supreme court, 30 judges of the court of appeals, and district judges who have made an elec- 31 tion under section 1-2011, Idaho Code; and court employees designated by 32 court order to have primary responsibility for court security or transpor- 33 tation of prisoners. 34 (h) Employees whose primary function requires that they are certified by 35 the Idaho department of health and welfare as an emergency medical 36 technician-basic, an advanced emergency medical technician-ambulance, an 37 emergency medical technician-intermediate, or an emergency medical 38 technician-paramedic. 39 (i) Criminal investigators of the attorney general's office, and criminal 40 investigators of a prosecuting attorney's office. 41 (j) The director of security and the criminal investigators of the Idaho 42 state lottery. 43 (4) A member may be designated by the retirement board as a police offi- 44 cer member for retirement purposes if the position held is one in which the 45 principal duties involve hazardous law enforcement duties. 46 (a) For purposes of this section, "hazardous law enforcement duties" 47 means principal duties which: 48 (i) Will reasonably expect to increase the probability of early 49 superannuation; 50 (ii) Are associated with life-threatening risk or present a position 51 of peril either to the member or to others, or which can place the 52 public safety in jeopardy; and 53 (iii) Either compel others to observe the law, pertain to crime pre- 54 vention, or pertain to crime reduction, including police, courts, 55 prosecution, correction, or rehabilitation. 68 1 (b) If continued employment in a position is conditioned on maintaining 2 current POST certification, such condition shall be evidence to be consid- 3 ered that the employee is a police officer member for retirement purposes. 4 (i) After July 1, 1999, a requirement for POST certification for 5 classified state employees may be made only by theadministrator of6the divisionbureau chief of the bureau of human resources pursuant 7 tochapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. 8 (c) Occasional assignments to hazardous law enforcement duties do not 9 create a condition for designation as a police officer member for retire- 10 ment purposes. 11 (5) Any employer or agency that believes that any employee, not specifi- 12 cally designated as a police officer by law, is incorrectly classified as a 13 nonpolice officer member, may petition the retirement board for inclusion of 14 that employee's position as one to be filled by a police officer member for 15 retirement purposes. The petition shall be in writing and shall explain in 16 detail the principal duties of the position and include written evidence which 17 establishes that the criteria of subsection (4) are met. The board shall 18 review the petition and evidence, together with such information and evidence 19 as may be presented by the staff of the retirement system. The board may 20 decide the matter based upon the information supplied, may request additional 21 information, or may request an oral presentation before the board. The deci- 22 sion of the board shall be final, but a similar petition may be resubmitted 23 after six (6) months. 24 (6) On and after July 1, 1985, no active member shall be classified as a 25 police officer for retirement purposes unless the employer shall have certi- 26 fied to the board, on a form provided by the board, that such member is an 27 employee whose primary position with the employer is one designated as such 28 within the meaning of this chapter, and the board shall have accepted such 29 certification. Acceptance by the board of an employer's certification shall in 30 no way limit the board's right to review and reclassify the position for 31 retirement purposes based upon an audit or other relevant information pre- 32 sented to the board. 33 (7) An active member classified as a police officer for retirement pur- 34 poses whose position is reclassified to that of a general member for retire- 35 ment purposes as a result of a determination that the position does not meet 36 the requirements of this chapter for police officer status for retirement pur- 37 poses shall become a general member but shall not lose retirement benefits 38 earned and accrued prior to the reclassification. If that member continues to 39 be employed in that same position until retired, that member then will be 40 deemed to be a police officer member for the purposes of retirement eligibil- 41 ity. 42 SECTION 46. That Section 59-1311, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 59-1311. PUBLIC EMPLOYEE RETIREMENT FUND CREATED -- ADMINISTRATION -- 45 PAYMENT OF BENEFITS -- PERPETUAL APPROPRIATION. (1) There is hereby estab- 46 lished in the state treasury a special fund, the "Public Employee Retirement 47 Fund," which shall be separate and apart from all public moneys or funds of 48 this state, and shall be administered under the direction of the board exclu- 49 sively for the purposes of this chapter. The state treasurer shall maintain 50 within the fund a clearing account, a portfolio investment expense account and 51 an administration account. 52 (2) All contributions received from employers by the board on their 53 account and on account of members shall be deposited with a funding agent des- 69 1 ignated by the board. All such funds are hereby perpetually appropriated to 2 the board, and shall not be included in the department's administration 3 account budget and shall be invested or used to pay for investment related 4 expenses. 5 (3) As needed to pay current obligations, the board shall transfer funds 6 from the funding agent to the state treasurer's office for deposit into the 7 administration account. All funds deposited in the administration account 8 shall be available to the board for the payment of administrative expenses 9 only to the extent so appropriated by the legislature. 10 (4) As required by the board, the funding agent shall transfer funds to 11 the state treasurer's office for deposit into the portfolio investment expense 12 account for payment of investment expenses. The funds deposited in the portfo- 13 lio investment expense account shall be used for payment of investments and 14 investment related expenses. Such expenses shall include but not be limited 15 to: 16 (a) Reporting services; 17 (b) Investment advisory services; 18 (c) Funding agent fees and money management fees; and 19 (d) Investment staff expenses including hiring of investment management 20 personnel. 21 Investment management personnel shall be exempt from the provisions ofchapter2253, title 67sections 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 inchapter 53, title 67sections 43 67-3532 through 67-3561, Idaho Code, to the officers and employees of any 44 executive department when designated in this chapter and, where specifically 45 indicated, to the officers and employees of the legislative department. 46 SECTION 48. That Section 59-1603, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 59-1603. CONFORMITY WITH CLASSIFIED POSITIONS. (1) To the extent possi- 49 ble, each nonclassified position in the executive department will be paid a 50 salary or wage comparable to classified positions with similar duties, respon- 51 sibilities, training, experience and other qualifications. Temporary employees 70 1 and agricultural inspectors referred to in subsections (n14) and (p16) of sec- 2 tion 67-53033534, Idaho Code, shall not be entitled to sick leave accruals 3 provided in section 59-1605, Idaho Code, vacation leave provided in section 4 59-1606, Idaho Code, nor holiday pay defined insubsection (15) ofsection 5 67-53023533, Idaho Code, unless contributions are being made to the public 6 employee retirement system in accordance with chapter 13, title 59, Idaho 7 Code, and rules promulgated by the retirement board. Vacation and sick leave 8 accruals, but not holiday pay, shall be awarded retroactively, if necessary, 9 to the date such employees become eligible for retirement system membership. 10 (2) To the extent possible, each nonclassified position in the legisla- 11 tive department will be paid a salary or wage comparable to classified posi- 12 tions with similar duties, responsibilities, training, experience and other 13 qualifications. 14 (3) The supreme court shall determine the schedules of salary and compen- 15 sation for all officers and employees of the judicial department which are not 16 otherwise fixed by law. To the extent possible, the supreme court shall adopt 17 schedules which are compatible with the state's accounting system. The judi- 18 cial department may also maintain personnel records and files under such sys- 19 tem as is ordered by the supreme court. 20 (4) The state board of education shall determine the schedules of salary 21 and compensation, and prescribe policies for overtime and compensatory time 22 off from duty, for all officers and employees of the state board of education 23 who are not subject to the provisions ofchapter 53, title 67sections 67-3532 24 through 67-3561, Idaho Code, and which are not otherwise fixed by law. To the 25 extent possible, the state board of education shall adopt schedules and poli- 26 cies which are compatible with the state's accounting system. The state board 27 of education may also maintain personnel records and files under a system of 28 its own, if approved by the state controller. 29 (5) Members of the legislature, the lieutenant governor, other officers 30 whose salaries are fixed by law, and members of part-time boards, commissions 31 and committees shall be paid according to law. 32 (6) Any schedule of salary and compensation must be approved by the 33 appointing authority and be communicated to the state controller in writing at 34 least thirty (30) days in advance of the effective date of the schedule. 35 (7) In addition to salary increases provided by any compensation schedule 36 adopted pursuant to paragraph (6) of this section, nonclassified officers and 37 employees, except those who are elected officials or whose salaries are fixed 38 by law, may be granted an award not to exceed two thousand dollars ($2,000) in 39 any given fiscal year based upon an affirmative certification of meritorious 40 service. Exceptions to the two thousand dollar ($2,000) limit provided in this 41 section may be granted under extraordinary circumstances if approved in 42 advance by the state board of examiners. Appointing authorities shall submit a 43 report to the division of financial management and the legislative services 44 office by October 1 on all awards granted in the preceding fiscal year. 45 (8) In addition to salary increases provided by any compensation sched- 46 ule, nonclassified officers and employees, except those who are elected offi- 47 cials or whose salaries are fixed by law, may be granted an award not to 48 exceed two thousand dollars ($2,000) in any given fiscal year based upon sug- 49 gestions or recommendations made by the employee which resulted in taxpayer 50 savings as a result of cost savings or greater efficiencies to the department, 51 office or institution or to the state of Idaho in excess of the amount of the 52 award. Exceptions to the two thousand dollar ($2,000) limit provided in this 53 subsection may be granted in extraordinary circumstances if approved in 54 advance by the state board of examiners. The appointing authority shall as 55 near as practicable utilize the criteria in conformance with rules promulgated 71 1 by thedivisionbureau of human resources pursuant to sections67-5309D2 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 sections67-5309D67-3532 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 thedivisionbureau of human 53 resources pursuant thereto. Appointing authorities shall submit a report to 54 the division of financial management and the legislative services office by 55 October 1 on all moving reimbursements granted in the preceding fiscal year. 72 1 (15) Specific pay codes shall be established and maintained in the state 2 controller's office to ensure accurate reporting and monitoring of all pay 3 actions authorized in this section. 4 SECTION 49. That Section 59-1604, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 59-1604. CREDITED STATE SERVICE. (1) For the purposes of payroll, vaca- 7 tion or annual leave, sick leave and other applicable purposes, credited state 8 service shall be earned by: 9 (a) The elective officers of the executive department, except the lieu- 10 tenant governor; 11 (b) Nonclassified officers and employees of any department, commission, 12 division, agency or board of the executive department, except for part- 13 time members of boards, commissions and committees; 14 (c) Officers and employees of the legislative department, except members 15 of the house of representatives and the senate. 16 (2) Eligible nonclassified officers and employees shall accrue credited 17 state service at the same rate and under the same conditions as is provided in 18 section 67-53323554, Idaho Code, for classified officers and employees. 19 (3) Members of the legislature, the lieutenant governor, and members of 20 part-time boards, commissions and committees, shall not be eligible for annual 21 leave or sick leave. 22 (4) Credited state service for those officers and employees identified by 23 section 67-5303(i)3534(10), Idaho Code, shall be as determined by the state 24 board of education, except no such officer or employee shall be credited with 25 more than two thousand eighty (2,080) hours during any twelve (12) month 26 period. 27 Any policy and procedures determined by the state board of education must 28 be communicated to the state controller in writing at least one hundred eighty 29 (180) days in advance of the effective date of the policy and procedures. 30 (5) Service for retirement purposes shall be as provided in chapter 13, 31 title 59, Idaho Code, or in chapter 20, title 1, Idaho Code. 32 SECTION 50. That Section 59-1605, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 59-1605. SICK LEAVE COMPUTATION. (1) Eligible nonclassified officers and 35 employees shall accrue sick leave at the same rate and under the same condi- 36 tions as is provided in section 67-53333555, Idaho Code, for classified offi- 37 cers and employees. 38 (2) Sick leave shall be taken by nonclassified officers and employees in 39 as nearly the same manner as possible as is provided in section 67-53333555, 40 Idaho Code, for classified officers and employees. 41 (3) The supreme court shall determine the sick leave policies for all 42 officers and employees of the judicial department. To the extent possible, the 43 supreme court shall adopt policies which are compatible with the state's 44 accounting system. Any policy and procedures determined by the supreme court 45 must be communicated to the state controller in writing at least one hundred 46 eighty (180) days in advance of the effective date of the policy and proce- 47 dures. 48 (4) The state board of education shall determine the sick leave policies 49 for all officers and employees of the state board of education who are not 50 subject to the provisions ofchapter 53, title 67sections 67-3532 through 51 67-3561, Idaho Code. To the extent possible, the state board of education 73 1 shall adopt policies which are compatible with the state's accounting system. 2 Any policy and procedures determined by the state board of education must 3 be communicated to the state controller in writing at least one hundred eighty 4 (180) days in advance of the effective date of the policy and procedures. 5 (5) The state board of examiners shall adopt comparative tables and 6 charts to compute sick leave on daily, weekly,bi-weeklybiweekly, 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-weeklybiweekly, 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 ofchapter 53, title 67sections 67-3532 through 26 67-3561, Idaho Code. To the extent possible, the state board of education 27 shall adopt policies which are compatible with the state's accounting system. 28 Any policy and procedures determined by the state board of education must 29 be communicated to the state controller in writing at least one hundred eighty 30 (180) days in advance of the effective date of the policy and procedures. 31 SECTION 52. That Section 59-1607, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 59-1607. HOURS OF WORK AND OVERTIME. (1) It is the policy of the legisla- 34 ture of the state of Idaho that all classified and nonclassified officers and 35 employees of state government shall be treated substantially similar with ref- 36 erence to hours of employment, holidays and vacation leave, except as provided 37 in this chapter. The policy of this state shall not restrict the extension of 38 regular work hour schedules on an overtime basis, which shall be the same for 39 classified and nonclassified employees, in those activities and duties where 40 such extension is necessary and authorized by the appointing authority. 41 (2) The appointing authority of any department shall determine the neces- 42 sity for overtime work and shall provide for cash compensation or compensatory 43 time off for such overtime work for eligible classified and nonclassified 44 officers and employees. 45 (3) Classified and nonclassified officers and employees who fall within 46 one (1) or more of the following categories are ineligible for cash compensa- 47 tion or compensatory time for overtime work: 48 (a) Elected officials; or 49 (b) Those included in the definition of section 67-5303(j)3534(10), Idaho 50 Code. 51 (4) Classified and nonclassified employees who are designated as execu- 74 1 tive, as provided in section 67-53023533, Idaho Code, and who are not included 2 in the definition of subsection (3) of this section, shall be ineligible for 3 compensatory time or cash compensation for overtime work. Such salaried 4 employees shall report absences in excess of one-half (1/2) day. Unused com- 5 pensatory time balances in excess of two hundred forty (240) hours as of the 6 date of enactment of this act shall be forfeited on December 31, 2008.Unused7compensatory time balances of two hundred forty (240) hours or less shall be8forfeited on December 31, 2006Employees who become executives within their 9 current agency as set forth in section 67-3533(11), Idaho Code, shall have six 10 (6) months from the date of appointment to use any compensatory time balance. 11 After six (6) months, any remaining compensatory time will be forfeited. Com- 12 pensatory time is not transferable and shall be forfeited at the time of 13 transfer to another appointing authority or upon separation from state 14 service. 15 (5) Classified and nonclassified officers and employees who are desig- 16 nated as administrative,orprofessional, 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,orprofessional, 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: 75 1 (1) No state tax commissioner, deputy, or any clerk, agent, contractor or 2 employee, or any centralized state computer facility employee or any person 3 formerly employed in any such position shall knowingly divulge or make known 4 to any person in any manner any tax return or tax information whatsoever 5 obtained directly or indirectly by him in the discharge of his duties, except 6 as provided by statute, court order or rules of the state tax commission pro- 7 mulgated under this section or section 63-3077, Idaho Code. 8 (2) In any action or proceeding brought for the collection, remission, 9 cancellation or refund of the whole or any part of a tax imposed under the 10 provisions of this chapter, or for enforcing the penalties prescribed for mak- 11 ing false or fraudulent returns, any and all information contained in such 12 returns and tax information may be furnished or made accessible to the offi- 13 cers or representatives of the state or county charged with the duty of inves- 14 tigating, prosecuting or defending the same; and all such returns and tax 15 information and the statements and correspondence relating thereto may be pro- 16 duced in evidence in any action or proceeding, civil or criminal, directly 17 pertaining to such returns or the tax imposed on the basis of such return. In 18 addition, the state tax commission may provide information in its possession 19 to a law enforcement agency or prosecutor pursuant to the investigation or 20 prosecution of an offense under section 18-915, 18-1353, 18-1353A, 18-1354, 21 18-1355 or 18-6710, Idaho Code, when the victim of such an offense is, or at 22 the time of the action was, a member, employee or agent of the state tax com- 23 mission. 24 (3) A copy of all or any portion of a federal return, or information 25 reflected on such federal return, which may be attached to an Idaho return, or 26 otherwise come into the possession of any commissioner, deputy, clerk, agent, 27 contractor or employee, or any employee of a centralized state computer facil- 28 ity, shall not be disclosed in any manner whatsoever other than as authorized 29 by this section. 30 (4) Any officer, agent, clerk, contractor or employee who knowingly vio- 31 lates any of the provisions of this section shall be guilty of a felony and, 32 upon conviction thereof, be punished by a fine of not less than one hundred 33 dollars ($100) nor more than five thousand dollars ($5,000), or by imprison- 34 ment for not more than five (5) years. Such officer, agent, clerk, contractor 35 or employee upon such conviction shall also forfeit his office, employment or 36 contract and shall be incapable of holding any public office in this state for 37 a period of two (2) years thereafter. Nothing in this subsection shall limit 38 the state tax commission's ability to take disciplinary actions authorized in 39chapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. 40 (5) As used in this section and section 63-3077, Idaho Code, the term: 41 (a) "Return" means any of the following whether required, provided for, 42 or permitted by any statute administered by the state tax commission that 43 is filed with the state tax commission by, for, or with respect to any 44 person: 45 (i) Any tax or information return; 46 (ii) Declaration of estimated tax; 47 (iii) Claim for refund; 48 (iv) Any amendment or supplement thereto, including supporting 49 schedules, attachments or lists that are supplemental to, or part of, 50 the return. 51 (b) "Tax information" means: 52 (i) A taxpayer's identity; 53 (ii) The nature, source or amount of a taxpayer's income, payments, 54 receipts, deductions, exemptions, credits, assets, liabilities, net 55 worth, tax liability, tax withheld, deficiencies, overassessments or 76 1 tax payments; 2 (iii) The status of the processing or investigation of the taxpayer's 3 liability; 4 (iv) Any other data received by, recorded by, prepared by, furnished 5 to or collected by the state tax commission with respect to a return 6 or with respect to the determination of the existence, or possible 7 existence, of liability, or the amount thereof, of any person pursu- 8 ant to the laws administered by the state tax commission for any tax, 9 penalty, interest, fine, forfeiture, other imposition or offense; 10 (v) Any part of a written determination, or documents relating to a 11 written determination, that is not open to public inspection; and 12 (vi) Information filed with, or furnished to, the state tax commis- 13 sion by or for the taxpayer to whom the information relates that is 14 not otherwise public information. 15 SECTION 54. That Section 65-202, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 65-202. POWERS AND DUTIES. The administrator of the division of veterans 18 services shall have full power and authority on behalf of the state of Idaho, 19 in recognition of the services rendered by veterans of the armed forces of the 20 United States, to: 21 (1) Oversee the management and operation of the veterans homes in the 22 state and the state veterans cemetery, and provide care to veterans of the 23 armed forces of the United States under such rules as the administrator may 24 from time to time adopt. 25 (2) Extend financial relief and assistance to disabled or destitute war- 26 time veterans and to those dependent upon such disabled or destitute wartime 27 veterans as the commission shall determine to be reasonably required under 28 such rules as the administrator may, from time to time, adopt. 29 (3) Collect benefits paid by the United States department of veterans 30 affairs for burial and plot allowance for persons interred at the state vet- 31 erans cemetery. 32 (4) Prescribe, with the approval of the commission, the qualifications of 33 all personnel in accordance with the Idaho personnel system law. The adminis- 34 trators in charge of state veterans homes and the office of veterans advocacy 35 shall be considered nonclassified exempt employees pursuant to the provisions 36 ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho Code, and 37 shall serve at the pleasure of the administrator of the division of veterans 38 services. 39 (5) Accept gifts, grants, contributions and bequests of funds, and per- 40 sonal property to the state of Idaho for the benefit of veterans of the armed 41 forces of the United States. 42 (6) Enter into contracts, within the limit of funds available therefor, 43 acquire services and personal property, and do and perform any acts that may 44 be necessary in the administration of services to veterans of the armed forces 45 of the United States. 46 (7) Administer, with the advice and approval of the commission, moneys in 47 the veterans cemetery maintenance fund established in section 65-107, Idaho 48 Code. 49 (8) Establish by rule charges related to interment, disinterment and 50 reinterment in the state veterans cemetery and the administrator is hereby 51 directed to cause such charges to be deposited in the veterans cemetery main- 52 tenance fund established in section 65-107, Idaho Code. 53 (9) In his discretion, assume control of the cremated remains of deceased 77 1 persons qualified for interment in the state veterans cemetery, apply for 2 burial and plot allowance benefits paid by the United States department of 3 veterans affairs for such deceased persons and inter in the state veterans 4 cemetery the cremated remains of deceased persons qualified for interment in 5 the state veterans cemetery. 6 SECTION 55. That Section 65-506, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 65-506. FAILING OR REFUSING TO GIVE PREFERENCE -- CIVIL LIABILITY. (1) 9 Individuals who believe they have been denied a right or benefit under this 10 chapter may file an appeal with the governing body of such jurisdiction or 11 unit of government within thirty-five (35) days of the alleged denial of pref- 12 erence. If an appeal process does not exist for that jurisdiction or unit of 13 government, the complainant may file directly in district court. 14 (2) The division of veterans services is authorized and directed to issue 15 rules for the enforcement of this chapter. Such rules shall include, but are 16 not limited to, procedures public employers may implement for an internal 17 process which must be exhausted prior to gaining access to the courts. 18 (3) Any public employer who deliberately or willfully refuses or fails to 19 give preference to qualified veterans required by the provisions of this chap- 20 ter shall be subject to writs of mandate pursuant to sections 7-301 through 21 7-314, Idaho Code, and if found in violation of any such provisions shall be 22 required to pay the costs of suit and reasonable attorney's fees incurred in 23 such action, and may further be required to employ or reemploy the veteran, 24 and shall be required to pay as damages such amount as the court may award, 25 but in no event shall the amount of such damages and costs of suit exceed the 26 sum of five thousand dollars ($5,000) or ten percent (10%) of the annual sal- 27 ary of the position, whichever is higher. Such action must be commenced not 28 more than one hundred eighty (180) days from the alleged denial of preference, 29 provided however, applicants for classified state employment remain subject to 30 the procedures set forth in section67-531672-1345A, Idaho Code. If an appeal 31 process is in place pursuant to subsection (1) of this section, the one hun- 32 dred eighty (180) days will not begin until that process has been exhausted. 33 SECTION 56. That Section 67-429, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 67-429. POWERS AND DUTIES. (1) It shall be the duty of the council to 36 collect and compile information, to draft bills and to conduct research upon 37 any subject which the legislature may authorize or direct or upon any subject 38 which it may determine, provided that all activities of the council must be 39 reasonably related to a legislative purpose. The legislature may make specific 40 assignments to the council by a concurrent resolution approved by both houses. 41 (2) The council may hold public hearings and it may authorize or direct 42 any of its committees to hold public hearings on any matters within the juris- 43 diction of the council. 44 (3) The council shall establish and maintain a legislative reference 45 library. 46 (4) For the purpose of conducting any study within the jurisdiction of 47 the council, by resolution adopted by the affirmative vote of two-thirds (2/3) 48 of the entire membership of the council, the chairman of the council may sub- 49 poena witnesses, compel their attendance, take evidence and require the pro- 50 duction of any books, papers, correspondence or other documents or records 51 which the council deems relevant or material to any matter on which the coun- 78 1 cil or any committee is conducting a study. 2 (5) It shall be the duty of the council to superintend and administer the 3 legislative space in the capitol building at all times, and to prepare such 4 space when required for the sessions of the legislature, which shall include 5 the provision of furniture and equipment. 6 (6) The legislative council shall review and make recommendations to the 7administratorbureau chief of thedivisionbureau of human resources on all 8 aspects of the state personnel system, including policies, wages and salaries. 9 (7) The council has authority to appoint committees and hire staff or 10 contract for services to implement the provisions of this section. In addition 11 to the duties provided above, the council has authority to: 12 (a) Provide the legislature with research and analysis of current and 13 projected state revenue, state expenditure and state tax expenditures; 14 (b) Provide the legislature with a report analyzing the governor's pro- 15 posed levels of revenue and expenditures for budgets and supplemental bud- 16 get requests submitted to the legislature; 17 (c) Provide an analysis of the impact of the governor's proposed revenue 18 and expenditure plans for the next fiscal year; 19 (d) Conduct research on matters of economic and fiscal policy and report 20 to the legislature on the result of the research; 21 (e) Provide economic reports and studies on the state of the state's 22 economy including trends and forecasts for consideration by the legisla- 23 ture; 24 (f) Conduct budget and tax studies and provide general fiscal and budget- 25 ary information; 26 (g) Review and make recommendations on the operation of state programs in 27 order to appraise the implementation of state laws regarding the expendi- 28 ture of funds and to recommend means of improving their efficiency; 29 (h) Recommend to the legislature changes in the mix of revenue sources 30 for programs, in the percentage of state expenditures devoted to major 31 programs, and in the role of the legislature in overseeing state govern- 32 ment expenditures and revenue projections; 33 (i) Make a continuing study and investigation of the building needs of 34 the government of the state of Idaho, including, but not limited to, the 35 following: the current and future requirements of new buildings, the 36 maintenance of existing buildings, rehabilitating and remodeling of old 37 buildings, the planning of administrative offices, and exploring the meth- 38 ods of financing building and related costs; and 39 (j) Conduct a study of state-local finance, analyzing and making recom- 40 mendations to the legislature on issues including levels of state support 41 for political subdivisions, basic levels of local need, balances of local 42 revenues and options, relationship of local taxes to individuals' ability 43 to pay and financial reporting by political subdivisions. 44 (8) In performing its duties under subsection (7) of this section, the 45 council and its employees may consider, among other things: 46 (a) The relative dependence on state tax revenues, federal funds and user 47 fees to support state-funded programs, and whether the existing mix of 48 revenue sources is appropriate given the purpose of the programs; 49 (b) The relative percentages of state expenditures that are devoted to 50 major programs such as education, assistance to local government, aid to 51 individuals, state agencies and institutions and debt service; and 52 (c) The role of the legislature in overseeing state government expendi- 53 tures, including legislative appropriation of money from the general 54 account, legislative appropriation of money from funds other than the gen- 55 eral account, state agency receipt of money into revolving and other dedi- 79 1 cated funds and expenditure of money from these funds and state agency 2 expenditure of federal funds. 3 (9) The council's recommendations shall consider the long-term needs of 4 the state. The recommendations must not duplicate work done by standing com- 5 mittees of the senate and house of representatives. 6 (10) The council may, after consultation with the governor and with the 7 chairs of the standing committees of the legislature, select mandates and 8 state programs for review. When selecting mandates, state aids or state pro- 9 grams to be reviewed, the council may consider those that involve payments to 10 local units of government. Staff from affected agencies, staff from the divi- 11 sion of financial management and legislative staff shall participate in the 12 reviews. 13 (11) The following state aids and associated state mandates may be 14 reviewed: 15 (a) Local government aid,ad valoremproperty tax credits, tax increment 16 financing and fiscal disparities; 17 (b) Human service aids; 18 (c) Educational support dollars utilized for school district general 19 fund aids, school district capital expenditure fund aids, and school dis- 20 trict debt service fund aids; 21 (d) General government aids including natural resource aids, environmen- 22 tal protection aids, transportation aids, economic development aids and 23 general infrastructure aids. 24 (12) At the direction of the council, the reviews of state aids and state 25 mandates involving state financing of local government activities listed in 26 subsection (11) of this section may include: 27 (a) The employment status, wages and benefits of persons employed in 28 administering the programs; 29 (b) The desirable applicability of state procedural laws or rules; 30 (c) Methods for increasing political subdivision options in providing 31 their share, if any, of program costs; 32 (d) Desirable redistributions of funding responsibilities for the program 33 and the time period during which any recommended funding distribution 34 should occur; 35 (e) Opportunities for reducing program mandates and giving political sub- 36 divisions more flexibility in meeting program needs; 37 (f) Comparability of treatment of similar units of government; 38 (g) The effect of the state aid or mandate on the distribution of tax 39 burdens among individuals based upon ability to pay; 40 (h) Coordination of the payment or allocation formula with other state 41 aid programs; 42 (i) Incentives that have been created for local spending decisions, and 43 whether the incentives should be changed; 44 (j) Ways in which political subdivisions have changed their revenue- 45 raising behavior since receiving these grants; 46 (k) An assessment of the accountability of all government agencies that 47 participate in the administration of the program. 48 (13) The legislative council may provide for a complete audit of any and 49 every fund in the state treasury and other state moneys at least once in every 50 two (2) fiscal years, and commencing for fiscal year 1995 and each year there- 51 after shall provide for an annual statewide financial audit of the statewide 52 annual financial report prepared by the state controller, and is hereby autho- 53 rized: 54 (a) To supervise and examine the accounts and expenditures of the several 55 departments and public institutions of the state and to prescribe rules 80 1 necessary to assure the adequacy and timeliness of all audits performed 2 for or on behalf of all political subdivisions thereof; 3 (b) To inspect securities held by the several departments and public 4 institutions of the state and the political subdivisions thereof; 5 (c) To examine, at any and all times, the accounts of every private cor- 6 poration, institution, association, or board receiving appropriations from 7 the legislature or contracting for health and welfare services with the 8 state of Idaho; 9 (d) To demand and receive reports from the state treasurer, state con- 10 troller, director of the department of finance, and any other officer or 11 agency, and from the several state depositories; 12 (e) To publish, from time to time, for the information of the several 13 departments and of the general public, bulletins of the works of govern- 14 ment; 15 (f) To be the official depository of all audits of the several depart- 16 ments and public institutions of the state and its political subdivisions; 17 the filing of an audit with the official depository shall satisfy all 18 requirements for the filing of an audit with the state, any other provi- 19 sion of law notwithstanding; 20 (g) To review or have reviewed the work papers or other documentation 21 utilized in the audit of a state department or public institution of the 22 state and its political subdivisions, and to reject for filing in the 23 official depository any report based upon unsatisfactory work papers or 24 inadequately supported documentation; 25 (h) To review and approve the terms and conditions or other statement of 26 services to be provided on any or all contracts or agreements by state 27 government agencies for audits or audit type services; and 28 (i) To report to the attorney general, for such action, civil or crimi- 29 nal, as the attorney general may deem necessary, all facts showing illegal 30 expenditure of the public money or misappropriation of the public money or 31 misappropriation of the public property. The governor and state control- 32 ler shall also be notified when the report is made to the attorney general 33 pursuant to this subsection. 34 All reports, findings and audits of the legislative council pursuant to 35 this subsection shall be submitted to the legislature and to the governor. 36 SECTION 57. That Section 67-802, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 67-802. OFFICE OF GOVERNOR -- DUTIES OF GOVERNOR. The office of the gov- 39 ernor shall be composed of: the state liquor dispensary, as provided by chap- 40 ter 2, title 23, Idaho Code; the military division, as provided by title 46, 41 Idaho Code; the division of financial management; and such other divisions and 42 units as are established or assigned by law, or created through administrative 43 action of the governor. 44 The governor shall appoint an administrator for each division, with the 45 advice and consent of the senate. Administrators shall serve at the pleasure 46 of the governor, and shall be exempt from the provisions ofchapter 53, title4767sections 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 ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. 50 The supreme executive power of the state is vested by section 5, article 51 IV, of the constitution of the state of Idaho, in the governor, who is 52 expressly charged with the duty of seeing that the laws are faithfully exe- 53 cuted. In order that he may exercise a portion of the authority so vested, the 81 1 governor is authorized and empowered to implement and exercise those powers 2 and perform those duties by issuing executive orders from time to time which 3 shall have the force and effect of law when issued in accordance with this 4 section and within the limits imposed by the constitution and laws of this 5 state. Such executive orders, when issued, shall be serially numbered for each 6 calendar year and may be referred to and cited by such numerical designation 7 and title. Each executive order issued hereunder shall be effective only after 8 signature by the governor, attestation by and filing with the secretary of 9 state, who shall keep a permanent register and file of such orders in the same 10 manner as applies to acts of the legislature. In addition, each executive 11 order required by chapter 52, title 67, Idaho Code, to be published in the 12 administrative bulletin shall be filed with the administrative rules coordina- 13 tor and published in the bulletin. Each such executive order issued by the 14 governor must prescribe a date after which it shall cease to be effective, 15 which shall be within four (4) calendar years of the effective date of such 16 order, and if no date after which such order shall cease to be effective is 17 contained in the order, then such order shall cease to be effective four (4) 18 calendar years from the issuance thereof, unless renewed by subsequent execu- 19 tive order. The governor may modify or repeal any executive order by issuance 20 of a new executive order. The procedures expressly set forth in this section 21 shall be sufficient to make an executive order effective. 22 In addition to those powers prescribed above, and those prescribed by the 23 constitution, the governor has the powers, and may perform the duties pre- 24 scribed in this section and the following sections: 25 1. To supervise the official conduct of all executive and ministerial 26 officers. 27 2. To see that all offices are filled, and the duties thereof performed, 28 or, in default thereof, apply such remedy as the law allows; and if the remedy 29 is imperfect, acquaint the legislature therewith at its next session. 30 3. To make the appointments and supply the vacancies provided by law. 31 4. He is the sole official organ of communication between the government 32 of this state and the government of any other state or territory, or of the 33 United States. 34 5. Whenever any suit or legal proceeding is pending in this state, or 35 which may affect the title of this state to any property, or which may result 36 in any claim against the state, he may direct the attorney general to appear 37 on behalf of the state. 38 6. He may require the attorney general or prosecuting attorney of any 39 county to inquire into the affairs or management of any corporation existing 40 under the laws of this state. 41 7. He may require the attorney general to aid any prosecuting attorney in 42 the discharge of his duties. 43 8. He may offer rewards not exceeding one thousand dollars ($1,000) each, 44 payable out of the state treasury, for the apprehension of any convict who has 45 escaped from the state prison, or of any person who has committed, or is 46 charged with the commission of, an offense punishable with death; and also 47 offer like rewards, not exceeding five hundred dollars ($500) each, in cases 48 of felony, where the offense is not punishable with death. 49 9. To perform such duties respecting fugitives from justice as are pre- 50 scribed by the penal code. 51 10. To issue and transmit election proclamations as prescribed by law. 52 11. He may require any officer to make special reports to him in writing 53 on demand. 54 12. He has such other powers and may perform such other duties as are 55 devolved upon him by any law of this state. 82 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 thefirst subdivi-17sionsubsection 1. of this section, to direct the issuing of such process as 18 may be necessary to carry the same into execution. 19 4. To account for and pay over to the proper officer all moneys received 20 which belong to the state. 21 5. To supervise nonprofit corporations, corporations, charitable or 22 benevolent societies, person or persons holding property subject to any public 23 or charitable trust and to enforce whenever necessary any noncompliance or 24 departure from the general purpose of such trust and, in order to accomplish 25 such purpose, said nonprofit corporations, corporations, charitable or benevo- 26 lent societies, person or persons holding property subject to any public or 27 charitable trust are subject at all times to examination by the attorney gen- 28 eral, on behalf of the state, to ascertain the condition of its affairs and to 29 what extent, if at all, said trustee or trustees may have failed to comply 30 with trusts said trustee or trustees have assumed or may have departed from 31 the general purpose for which it was formed. In case of any such failure or 32 departure, the attorney general shall institute, in the name of the state, any 33 proceeding necessary to enforce compliance with the terms of the trust or any 34 departure therefrom. 35 6. To give an opinion in writing, without fee, to the legislature or 36 either house thereof, or any senator or representative, and to the governor, 37 secretary of state, treasurer, state controller, and the superintendent of 38 public instruction, when requested, upon any question of law relating to their 39 respective offices. The attorney general shall keep a record of all written 40 opinions rendered by the office and such opinions shall be compiled annually 41 and made available for public inspection. All costs incurred in the prepara- 42 tion of said opinions shall be borne by the office of the attorney general. A 43 copy of the opinions shall be furnished to the supreme court and to the state 44 librarian. 45 7. When required by the public service, to repair to any county in the 46 state and assist the prosecuting attorney thereof in the discharge of duties. 47 8. To bid upon and purchase, when necessary, in the name of the state, 48 and under the direction of the state controller, any property offered for sale 49 under execution issued upon judgments in favor of or for the use of the state, 50 and to enter satisfaction in whole or in part of such judgments as the consid- 51 eration for such purchases. 52 9. Whenever the property of a judgment debtor in any judgment mentioned 53 inthe preceding subdivisionsubsection 8. of this section has been sold under 54 a prior judgment, or is subject to any judgment, lien, or encumbrance, taking 83 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 ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho 32 Code. 33 SECTION 60. That Section 67-1911, Idaho Code, be, and the same is hereby 34 repealed. 35 SECTION 61. That Section 67-2402, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 67-2402. STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1) 38 Pursuant to section 20, article IV, Idaho constitution, all executive and 39 administrative offices, agencies, and instrumentalities of the executive 40 department of state, except for those assigned to the elected constitutional 41 officers, are allocated among and within the following departments: 42 Department of administration 43 Department of agriculture 44 Department of commerce and labor 45 Department of correction 46 Department of environmental quality 47 Department of finance 48 Department of fish and game 49 Department of health and welfare 50 Department of insurance 84 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 ofchapter 53, title 67sections 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 ofchap-36ter 53, title 67sections 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 ofchapter 53, title 6740 sections 67-3532 through 67-3561, Idaho Code, unless otherwise provided for by 41 law, each department is empowered to employ necessary employees, and, if the 42 rate of compensation is not otherwise fixed by law, to fix their compensation. 43 SECTION 64. That Section 67-2601, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 46 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 47 self-governing agencies. The department shall, for the purposes of section 20, 48 article IV of the constitution of the state of Idaho, be an executive depart- 49 ment of the state government. 85 1 (2) The department shall consist of the following: 2 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 3 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 4 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 5 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 6 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 7 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 8 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 9 mission, as provided by chapter 12, title 22, Idaho Code;Idaho prune com-10mission, as provided by chapter 30, title 22, Idaho Code;the Idaho wheat 11 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho 12 aquaculture commission, as provided by chapter 44, title 22, Idaho Code. 13 (b) Professional and occupational licensing boards: Idaho state board of 14 certified public accountancy, as provided by chapter 2, title 54, Idaho 15 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 16 Code; board of architectural examiners, as provided by chapter 3, title 17 54, Idaho Code; office of the state athletic director, as provided by 18 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 19 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 20 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 21 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 22 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 23 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 24 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 25 state board of denturitry, as provided by chapter 33, title 54, Idaho 26 Code; state board of engineering examiners, as provided by chapter 12, 27 title 54, Idaho Code; state board for registration of professional geolo- 28 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing 29 services licensure board, as provided by chapter 29, title 54, Idaho Code; 30 Idaho physical therapy licensure board, as provided by chapter 22, title 31 54, Idaho Code; Idaho state board of landscape architects, as provided by 32 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as 33 provided by chapter 53, title 54, Idaho Code; state board of medicine, as 34 provided by chapter 18, title 54, Idaho Code; state board of morticians, 35 as provided by chapter 11, title 54, Idaho Code; board of naturopathic 36 medical examiners, as provided by chapter 51, title 54, Idaho Code; board 37 of nurses, as provided by chapter 14, title 54, Idaho Code; board of exam- 38 iners of nursing home administrators, as provided by chapter 16, title 54, 39 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 40 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 41 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 42 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 43 54, Idaho Code; Idaho state board of psychologist examiners, as provided 44 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 45 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 46 provided by chapter 41, title 54, Idaho Code; board of social work examin- 47 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 48 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board 49 of examiners of residential care facility administrators, as provided by 50 chapter 42, title 54, Idaho Code; and the board of drinking water and 51 wastewater professionals, as provided by chapter 24, title 54, Idaho Code. 52 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 53 (d) The division of building safety, to be headed by a division adminis- 54 trator and comprised of five (5) bureaus: plumbing, electrical, buildings, 55 public works contractor licensing, and logging and industrial safety. The 86 1 division administrator, deputy administrators and bureau chiefs shall be 2 nonclassified employees exempt from the provisions ofchapter 53, title 673 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 30chapter 53, title 67sections 67-3532 through 67-3561, Idaho Code. The 31 administrator of the division shall administer the provisions of chapter 32 2, title 65, Idaho Code, and chapter 9, title 66, Idaho Code, with the 33 advice of the veterans affairs commission established under chapter 2, 34 title 65, Idaho Code, and shall perform such additional duties as are 35 imposed upon him by law. 36 (3) The bureau of occupational licenses is hereby created within the 37 department of self-governing agencies. 38 SECTION 65. That Section 67-2901, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 67-2901. IDAHO STATE POLICE CREATED -- DIRECTOR -- DIVISIONS -- POWERS 41 AND DUTIES -- FAILURE OF PEACE OFFICERS TO OBEY ORDERS, MISDEMEANOR -- DEPU- 42 TIES -- COMPENSATION AND POWERS. (1) There is hereby created the Idaho state 43 police. The Idaho state police shall, for the purposes of section 20, article 44 IV, of the constitution of the state of Idaho, be an executive department of 45 the state government. 46 (2) The governor, with the advice and consent of the senate, shall 47 appoint a director of the Idaho state police who shall serve at the pleasure 48 of the governor. The director shall receive such salary as fixed by the gover- 49 nor. 50 (3) The Idaho state police shall be composed of such divisions as may be 51 established by law and other administrative units as may be established by the 52 director for the proper and efficient administration of the powers and duties 53 assigned to the director or the state police. The director shall appoint, sub- 87 1 ject to the approval of the governor, an administrator for each division 2 within the state police. 3 (4) The director shall exercise all of the powers and duties necessary to 4 carry out the proper administration of the state police, and may delegate 5 duties to employees and officers of the state police. 6 (5) The Idaho state police shall have power to: 7 (a) Enforce all of the penal and regulatory laws of the state, to pre- 8 serve order, and exercise any and all powers, duties and authority of any 9 sheriff or other peace officer anywhere in the state of Idaho, in the same 10 manner and with like authority as the sheriffs of the counties; said 11 department may employ from time to time, to carry out any of the provi- 12 sions of thissubdivisionsubsection, such deputies or special deputies as 13 may be deemed, by the governor of the state of Idaho, necessary to carry 14 out these duties and powers, and deputies shall have power to deputize 15 other persons as deputies when necessary; said department may call into 16 the police service of the state any and all peace officers of the state, 17 of any city, or of any county, and may deputize private citizens, when 18 deemed necessary by the governor of the state, to preserve order and 19 enforce law in any extraordinary emergency when the governor shall have 20 declared, by order in writing, the existence of such extraordinary emer- 21 gency; the governor shall designate by order such peace officers or pri- 22 vate persons as are to be called into the service of the state, and when 23 such peace officers or deputized citizens are so called into the police 24 service of the state such officers shall act under the direction of the 25 director of the state police in such manner as may be directed and ordered 26 by the governor; failure on the part of any such peace officer of the 27 state, or person so deputized, to so act and obey such orders shall con- 28 stitute a misdemeanor; the governor shall fix the compensation of such 29 deputies. 30 (b) Prevent and detect crime and apprehend criminals and maintain order; 31 (c) Require all persons using the highways in the state to do so care- 32 fully, safely, and with the exercise of care for the persons, property and 33 safety of others; 34 (d) Safeguard and protect the surface and other physical portions of the 35 state highways and enforce any laws for highway safety; 36 (e) Enforce federal statutes and regulations relating to motor carrier 37 safety and hazardous materials for interstate carriers; 38 (f) Enforce Idaho statutes and rules of the Idaho state police applicable 39 to motor carriers; 40 (g) Enforce all of the laws of the state enacted for the identification, 41 inspection and transportation of livestock and all laws of the state 42 designed to prevent the theft of livestock; 43 (h) Regulate traffic on all highways and roads in the state; 44 (i) Perform all of the duties and exercise all of the powers of peace 45 officers vested in the director of the Idaho state police; 46 (j) Execute and serve any warrant of arrest or search warrant issued by 47 proper authority of the state, according to the tenor thereof, in any part 48 of the state; 49 (k) Arrest without warrant, any person committing or attempting to commit 50 in their presence or view a breach of the peace or any other violation of 51 any of the laws of the state; 52 (l) Members of the Idaho state police shall be subject to the call of the 53 governor and are empowered to cooperate with any other department or 54 authority of the state, with counties and municipalities, or any locality 55 in detecting crime, apprehending criminals and preserving law and order 88 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 inchapter 53, title 67sections 67-3532 through 67-3561, Idaho Code, 37 and shall be probationers and on probation for a period of one (1) year 38 from the date of appointment; 39 (c) Formulate and place in effect such rules for the Idaho state police 40 as from time to time appear to him advisable; 41 (d) Prescribe by official order the uniform and equipment of the employ- 42 ees in the Idaho state police; 43 (e) Station employees in such localities as he shall deem advisable for 44 the enforcement of the laws of the state; 45 (f) Have purchased, or otherwise acquired, by the purchasing agent of the 46 state, motor vehicle equipment and all other equipment and commodities 47 deemed by him essential for the efficient performance of the duties of the 48 Idaho state police and purchase and install approved mechanical devices 49 and equipment for the rapid transmission and broadcasting of information 50 relative to crime, apprehension of criminals and the administration of the 51 business of the Idaho state police. 52 (11) (a) The director shall issue to every eligible police officer member 53 of the Idaho state police, as defined in section 59-1303(3), Idaho Code, 54 and pursuant to the contract provided for by the personnel group insurance 55 administrator in the department of administration, a term group life 89 1 insurance certificate in the face amount of fifty thousand dollars 2 ($50,000) on the life of such members. Said insurance certificate shall 3 set forth the name or names of such beneficiary or beneficiaries as the 4 insured may name or designate. 5 (b) Any eligible person entering the employ of the Idaho state police as 6 an active police officer after the effective date of this act shall be 7 insured as other members of the state police immediately upon taking the 8 oath of office. 9 (c) Every member of the Idaho state police, upon termination of active 10 duty or permanent release, may surrender said certificate to the head of 11 the state police, or, at the person's option, may convert the insurance in 12 accordance with the provisions of the contract, and no further premiums 13 shall be paid on said policy by the state of Idaho. 14 (d) The director is hereby directed to hereafter include in the budget of 15 the Idaho state police an amount sufficient to pay the annual costs accru- 16 ing with respect to policies of insurance purchased under the provisions 17 of this chapter. 18 (e) The premiums on the insurance herein provided for are to be paid one- 19 half (1/2) by the employee and one-half (1/2) by the state. The director 20 is hereby authorized to make a monthly deduction on the payroll of the 21 amount due from each employee under this chapter. 22 (12) Nothing in this section shall affect the duties of the sheriff as 23 described in section 31-2202, Idaho Code, or the primary duty, described in 24 section 31-2227, Idaho Code, of the sheriff and prosecuting attorney of each 25 of the several counties to enforce all the penal provisions of any and all 26 statutes of this state. 27 SECTION 66. That Section 67-3511, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 67-3511. TRANSFER OF LEGISLATIVE APPROPRIATIONS. (1) No appropriations 30 made by the Idaho legislature may be transferred from one object code to 31 another except with the consent of the state board of examiners upon applica- 32 tion duly made by the head of any department, office or institution of the 33 state (including the elected officers in the executive department and the 34 state board of education). No appropriation made for expenses other than per- 35 sonnel costs shall be expended for personnel costs of the particular depart- 36 ment, office or institution for which it is appropriated, provided however, 37 that employee suggestion awards made pursuant to sections 59-1603 and 38 67-5309D3544, Idaho Code, may be made from the object code in which the sav- 39 ings were realized. 40 (2) Legislative appropriations may be transferred from one program to 41 another within an agency upon application duly made by the head of any depart- 42 ment, office or institution of the state and approval of the application by 43 the administrator of the division of financial management and the board of 44 examiners provided the requested transfer is not more than ten percent (10%) 45 cumulative change from the appropriated amount for any program affected by the 46 transfer. Requests for transfers above ten percent (10%) cumulative change 47 must, in addition to the above, be approved by legislative appropriation. Leg- 48 islative appropriations shall not be transferred from one fund to another fund 49 unless expressly approved by the legislature. 50 (3) All moneys appropriated to any agency of the state of Idaho for the 51 purpose of capital outlay shall be used for that purpose and not for any other 52 purpose. 53 (4) The joint finance-appropriations committee may limit the amount of 90 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 thepersonnel commis-15sionbureau 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 thepersonnel commissionbureau of human 19 resources for pay grade level and without the approval of the division for 20 sufficiency of spending authority of the appointing authority to meet the pro- 21 posed change. Appointing authorities in preparation of budget requests shall 22 include exact position control numbers in justification of salaries and other 23 compensation and must assign position control numbers to proposed new posi- 24 tions prior to budget submission. A list of additions, deletions and changes 25 during the first six (6) months of the current fiscal year and projections for 26 the second six (6) months of the current fiscal year of the positions so con- 27 trolled shall be furnished by the department to the legislature and to the 28 governor on January 1. Any authority vested in any appointing authority or 29 agency, commission, department, board, office or institution is limited by the 30 provisions of this section. 31 (2) Positions which have been authorized by the division of financial 32 management, but which have not been filled by the appointing authority within 33 twelve (12) months of such authorization, shall be declared null and void, and 34 shall not be filled except upon a new authorization by the division of finan- 35 cial management. 36 SECTION 68. That Section 67-4126, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 67-4126. POWERS AND DUTIES OF BOARD. The board of trustees of the society 39 shall have powers and duties as follows: 40 1. To appoint a director of the society as provided herein and advise him 41 in the performance of his duties and formulate general policies affecting the 42 society. 43 2. To encourage and promote interest in the history of Idaho and encour- 44 age membership in the society. 45 3. To collect for preservation and display artifacts and information 46 illustrative of Idaho history, culture and society. 47 4. To print such publications and reports as may be deemed necessary. 48 5. To encourage creation of county historical societies and museums in 49 the counties of Idaho. 50 6. To facilitate the use of Idaho records for official reference and his- 51 torical research. 91 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 theadministrator of the division16 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 theadministrator of the divi-48sionbureau 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 92 1 and in the foundation. 2 (9) To hold an annual meeting during the month of January in each year 3 and, in addition thereto, at such other times as the said members may pre- 4 scribe. 5 (10) To have and use an official seal. 6 SECTION 70. That Section 67-4702, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-4702. AUTHORITY AND DUTIES OF THE DIRECTOR. (1) The director of the 9 department of commerce and labor, hereafter the director, shall administer the 10 provisions of this chapter, the employment security law, chapter 13, title 72, 11 Idaho Code, the minimum wage law, chapter 15, title 44, Idaho Code, the provi- 12 sions of chapter 6, title 45, Idaho Code, relating to claims for wages, the 13 provisions of section 44-1812, Idaho Code, relating to minimum medical and 14 health standards for paid firefighters, and to perform such other duties 15 relating to commerce, labor and workforce development as may be imposed upon 16 him by law. The director shall be the successor in law to the office enumer- 17 ated in section 1, article XIII, of the constitution of the state of Idaho. 18 The director shall have the authority to employ individuals, make expendi- 19 tures, require reports, make investigations, perform travel and take other 20 actions deemed necessary. The director shall organize the department which 21 shall, for the purposes of section 20, article IV, of the constitution of the 22 state of Idaho, be an executive department of the state government. The direc- 23 tor shall have an official seal which shall be judicially noticed. 24 (2) The director shall have the authority pursuant to chapter 52, title 25 67, Idaho Code, to adopt, amend, or rescind rules as he deems necessary for 26 the proper performance of all duties imposed upon him by law. 27 (3) Subject to the provisions ofchapter 53, title 67sections 67-3532 28 through 67-3561, Idaho Code, the director is authorized and directed to pro- 29 vide for a merit system for the department covering all persons, except the 30 director, two (2) deputy directors, the division administrators, and five (5) 31 exempt positions to serve at the pleasure of the director. 32 (4) The director shall make recommendations for amendments to the employ- 33 ment security law and other laws he is charged to implement as he deems 34 proper. 35 (5) The director shall have all the powers and duties as may have been or 36 could have been exercised by his predecessors in law and he shall be the suc- 37 cessor in law to all contractual obligations entered into by his predecessors 38 in law. 39 SECTION 71. That Section 67-5009, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 67-5009. OFFICE OF OMBUDSMAN FOR THE ELDERLY. The office of ombudsman for 42 the elderly is hereby created within the commission. The ombudsman shall be 43 responsible for receiving, investigating and resolving or closing complaints 44 made by or on behalf of residents of long-term care facilities or persons aged 45 sixty (60) years or older living in the community. No representative of the 46 office shall be liable for the good faith performance of official duties, and 47 willful interference with representatives of the office is unlawful. Long-term 48 care facilities are prohibited from reprisals or retaliation against a resi- 49 dent or employee filing a complaint with, or furnishing information to, the 50 office. 51 For the purposes of implementing the provisions of this section, the com- 93 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 ofchapter 53, title 67sections 6 67-3532 through 67-3561, Idaho Code. 7 The ombudsman may delegate to designated local ombudsmen any duties deemed 8 necessary to carry out the purposes of the provisions of this section. 9 The ombudsman shall establish procedures for receiving and processing com- 10 plaints, conducting investigations and reporting his findings. He shall have 11 jurisdiction to investigate administrative acts or omissions of long-term care 12 facilities or state or county departments or agencies providing services to 13 older people. An administrative act of a long-term care facility or state or 14 county department or agency may become an appropriate subject for the ombuds- 15 man to investigate under certain circumstances. For example, the ombudsman may 16 investigate such an act if it might be contrary to law, unreasonable, unfair, 17 oppressive, capricious or discriminatory. The ombudsman may make a finding for 18 an appropriate resolution to the subject matter of the investigation. 19 The ombudsman shall investigate any complaint which he determines to be an 20 appropriate subject for investigation under this section. 21 When the ombudsman investigates a complaint, he shall notify the complain- 22 ant, if any, of the investigation and shall also notify the long-term care 23 facility or the state or county department or agency affected by the investi- 24 gation of his intent to investigate. However, if no investigation takes place, 25 he shall inform the complainant of the reasons therefor. Records obtained by 26 the ombudsman shall be subject to disclosure according to chapter 3, title 9, 27 Idaho Code. 28 In an investigation of any complaint or administrative act of any long- 29 term care facility or state or county department or agency providing services 30 to older people, the ombudsman may undertake, but not be limited to, any of 31 the following actions: 32 (a) Make the necessary inquiries and obtain such information he deems 33 necessary. 34 (b) Hold private hearings. 35 (c) Enter during regular business hours, a long-term care facility or 36 state or county department or agency's premises. 37 Following the investigation and upon his determination that a particular 38 subject matter should be further considered by the long-term care facility or 39 state or county department or agency, an administrative act should be modified 40 or canceled, a statute or regulation on which an administrative act is based 41 should be altered, reasons should be given for an administrative act, or some 42 other action should be taken by a long-term care facility or state or county 43 department or agency, he shall report his opinions and recommendations to the 44 respective parties. The ombudsman may request the parties affected by such 45 opinions or recommendations to notify him within the specified time of any 46 action taken by such parties on his recommendation. Following an investiga- 47 tion, the ombudsman shall consult with the particular parties before issuing 48 any opinion or recommendation that is critical to such parties. 49 The ombudsman shall notify the complainant in writing within a reasonable 50 time from the date the investigation is terminated of any actions taken by him 51 and the long-term care facility, or state or county department or agency to 52 resolve any issues raised by the complaint. 53 The ombudsman, on December 1 of each year, shall submit to the governor, 54 the speaker of the house of representatives, president of the senate, the 55 department of health and welfare bureau of licensing and certification, the 94 1 president of the Idaho hospital association and the president of the Idaho 2 health care association a report of the activities of the ombudsman for the 3 elderly during the prior fiscal year. This report shall include, but not be 4 limited to, the number and general patterns of complaints received by the 5 ombudsman, the action taken on such complaints, the results of such action, 6 and any opinions or recommendations which further the state's capability in 7 providing for statutory resolution of complaints. 8 Nothing in this section shall be construed to be a limitation of the 9 powers and responsibilities assigned by law to other state or county depart- 10 ments or agencies. 11 Records obtained by the ombudsman shall be subject to disclosure according 12 to chapter 3, title 9, Idaho Code. 13 SECTION 72. That Section 67-5202, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-5202. OFFICE OF ADMINISTRATIVE RULES COORDINATOR. There is hereby 16 established the office of administrative rules coordinator in the department 17 of administration. The coordinator shall be a nonclassified employee and shall 18 be appointed by and serve at the pleasure of the director of the department of 19 administration. All other employees of the office of administrative rules 20 employed on July 1, 1996, shall be classified employees, but upon their termi- 21 nation their positions and any positions vacant upon July 1, 1996, shall be 22 nonclassified positions and any persons employed to fill positions in the 23 office of administrative rules thereafter shall be exempt from the provisions 24 ofchapter 53, title 67sections 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 ofchapter 53, title 6738 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 ofchapter 53, title 67sections 67-3532 through 49 67-3561, Idaho Code. The risk manager may, with the agreement of the director, 95 1 employ and fix the compensation of such additional personnel, and contract for 2 such professional or technical services or assistance, as the manager may deem 3 necessary or desirable for the performance of the duties of the position. 4 SECTION 75. That Section 67-5904, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 67-5904. ORGANIZATION OF COMMISSION -- COMPENSATION OF MEMBERS. The com- 7 mission shall annually select a president and vice president. Members shall 8 each be compensated as provided by section 59-509(h), Idaho Code. The commis- 9 sion may appoint a staff director to serve at its pleasure. Other subordinate 10 staff necessary to accomplish the commission's mission shall be subject to the 11 provisions ofchapter 53, title 67sections 67-3532 through 67-3561, Idaho 12 Code. 13 SECTION 76. That Section 67-6707, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-6707. ORGANIZATION OF COUNCIL -- EMPLOYMENT OF NECESSARY PERSONNEL. 16 (1) The governor shall, after consultation with the council members, appoint a 17 chair from among the council membership who shall serve for a one (1) year 18 term, but at the pleasure of the governor. 19 (2) The council shall adopt and amend bylaws governing its proceedings, 20 activities and organization, including, but not limited to, provisions for 21 election of officers other than the chair; provision for a quorum, procedure, 22 frequency and location of meetings; and establishment, functions and member- 23 ship of council committees. 24 (3) The council shall employ and fix the compensation, subject to provi- 25 sions ofchapter 53, title 67sections 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 ofchapter 53, title 67sec- 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 ofchapter 53, title 67sections 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 ofchapter 53, title 67sec- 45 tions 67-3532 through 67-3561, Idaho Code. 46 SECTION 78. That Section 67-7409, Idaho Code, be, and the same is hereby 47 amended to read as follows: 96 1 67-7409. POWERS AND DUTIES OF THE DIRECTOR. The director shall be respon- 2 sible for the daily operations of the lottery, and shall have the following 3 duties, powers and responsibilities in addition to others herein granted: 4 (1) The director shall: 5 (a) Operate and administer the lottery in accordance with the provisions 6 of this chapter and the policies and rules of the lottery; 7 (b) Appoint deputy directors, sales personnel and security staff, who 8 shall be exempt from the provisions ofchapter 53, title 67sections 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 ofchapter1353, title 67sections 67-3532 through 67-3561, Idaho Code. 14 (2) The director shall: 15 (a) Confer regularly with the commission on the operation and administra- 16 tion of the lottery; 17 (b) Make available for inspection by the commission, on request, all 18 books, records, files, and other information and documents of the lottery; 19 and 20 (c) Advise the commission and make such recommendations as the director 21 considers necessary and advisable to improve the operation and administra- 22 tion of the lottery. 23 (3) The director may enter into contracts for marketing, advertising, 24 promotion, research and studies for the lottery and for products and services 25 for effectuating the purposes of this chapter, however, contracts for major 26 procurements must be approved by the commission. The director may not enter 27 into contracts for the administration of the lottery. 28 (4) The director shall: 29 (a) Submit quarterly financial statements to the commission, the gover- 30 nor, the state treasurer, and the legislature. Such financial statements 31 shall be prepared in accordance with generally accepted accounting princi- 32 ples and shall include a balance sheet, a statement of operations, a 33 statement of changes in financial position, and related footnotes. Such 34 financial statements are to be provided within forty-five (45) days of the 35 last day of each quarter; 36 (b) Submit annual financial statements to the commission, the governor, 37 the state treasurer, and each member of the legislature. Such financial 38 statements shall be prepared in accordance with generally accepted 39 accounting principles and shall include a balance sheet, a statement of 40 operations, a statement of changes in financial position, and related 41 footnotes. Such financial statements shall have been examined by the leg- 42 islative services office or a firm of independent certified public accoun- 43 tants in accordance with generally accepted auditing standards and shall 44 be provided within ninety (90) days of the last day of the lottery's fis- 45 cal year; 46 (c) Report to the governor and the legislature any matters which require 47 immediate changes in the laws of this state in order to prevent abuses and 48 evasions of this chapter or the rules of the lottery or to rectify unde- 49 sirable conditions in connection with administration or operation of the 50 lottery; 51 (d) Carry on a continuous study and investigation of the lottery to: 52 (i) Identify any defects in the provisions of this chapter or in 53 the rulesand regulationsof the commission leading to an abuse in 54 the administration or operation of the lottery or an evasion of this 55 act or the rules of the lottery; 97 1 (ii) Make recommendations for changes in this chapter or the rules 2 of the lottery to prevent abuses or evasions or to improve the effi- 3 ciency of the lottery; 4 (iii) Ensure that the provisions of this chapter and the rules of the 5 lottery are administered and formulated to serve the purposes of this 6 chapter; 7 (iv) Prevent the use of the lottery, the provisions of this chapter, 8 or the rules of the lottery from fostering professional gambling or 9 crime; 10 (e) Make a continuous study and investigation of: 11 (i) The operation and administration of similar laws and lotteries 12 in other states and countries; 13 (ii) The available information on the subject of lotteries and 14 related subjects; 15 (iii) Any federal laws which may affect the operation of the lottery; 16 and 17 (iv) The reaction of citizens of this state to existing and poten- 18 tial features of the lottery with a view to recommending or effecting 19 changes that will tend to serve the purposes of this chapter. 20 (5) The director shall provide for secure lottery facilities and lottery 21 systems, including data processing facilities and systems. 22 (6) The director shall be responsible for monitoring class III gaming on 23 Indian reservations as may be required by compacts entered into by the state 24 in accordance with state statutory law and pursuant to the Indian Gaming Regu- 25 latory Act, 25 U.S.C. section 2701 et seq. and 18 U.S.C. sections 1166-1168. 26 (7) The director shall perform all other acts necessary to carry out the 27 purposes and provisions of this chapter. 28 SECTION 79. That Section 72-513, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 72-513. SPECIFIED EMPLOYEES -- EXEMPT FROM PERSONNEL SYSTEM. The secre- 31 tary, medical officers, division or section officers, hearing officers, field 32 counselors, examiners and referees, shall be exempt from the system of person- 33 nel administration prescribed bychapter 53, title 67sections 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 RS 17000C1 This bill devolves the Division of Human Resources (DHR) and replaces it with a Bureau of Human Resources (BHR) within the Division of Financial Management, headed by a bureau chief experienced in management of organizations or business. Responsibility for conducting salary and benefit surveys as well as applicant examination, ranking and limited appeal is moved to the Department of Labor. Responsibility for training of state employees in human resource areas is moved to Professional- Technical Education within the State Board of Education. Review and identification of improper paperless personnel and payroll transactions will fall within the responsibilities of the State Controller's Office. The bill moves some rules directly into code and eliminates the requirement of several other mandatory rules. The employee compensation plan is updated to better reflect the Hay method of job evaluation. The bill clarifies that recruitment bonuses are one-time and retention bonuses may be awarded annually. Survey information and recommendations to the Governor and Legislature will be due October 20th rather than December 1st. This bill puts back language that was inadvertently omitted from the Personnel Act in 2006. The omission of this language resulted in treating otherwise exempt employees such as outside sales people and fish hatchery personnel as if they were non- exempt. This bill adds a definition for computer workers and aligns the administrative and professional overtime definitions with the federal definitions. The bill allows for exceptions to overtime designations if deemed appropriate by the BHR bureau chief. In the past such exceptions have been made for certain nurses to allow for time and a half for overtime work in order to be in line with market practice. This bill also clarifies that newly promoted executives have six months to use any compensatory time balances. After six months any remaining compensatory time will be forfeited. The bill allows an exception for the payment of overtime during a disaster or emergency with approval of the Board of Examiners. This exception could allow executives who fight fires or otherwise assist in emergencies to be compensated in line with market practice. The state is typically reimbursed for this type of overtime expenditure. The bill will eliminate the concept of earned administrative leave and places a 240 hour cap on compensatory time for non-executive exempt employees. In 2006, DHR was given the responsibility to make rules regarding the reimbursement of moving expenses. This authority may conflict with Article VI, Section 18 of the Idaho Constitution and more properly rests with the Board of Examiners. The bill removes that rulemaking responsibility from BHR. Finally, the bill makes several miscellaneous technical corrections. FISCAL NOTE Currently, state agencies are charged a fee of .00615% of salary for all classified positions to fund the services provided by the Division of Human Resources (DHR). DHR was appropriated $2.9 million for FY 2007. The Governor's recommendation for human resource services for FY 2008 is $1,735,500. This bill does not alter the funding formula for human resource services for FY 2008. Spending authority is recommended to remain in agency appropriations to ensure that costs of the function can be covered for services provided by the newly formed unit within the Division of Financial Management or through contract services with an external vendor. The fiscal impact estimate for the State Controller's Office is $15,000, which would include the removal of DHR as an agency; DHR routing approval change; removal of EAL; comp time max for administrative, professional, and computer workers; automate six month prior comp time pay off; performance evaluation migration to SCO; promoted executive employees with comp time balance; automate file downloads to Department of Labor for ATS system. CONTACT Name: Judie Wright Agency: Human Resources, Division of Phone: 429-5549 STATEMENT OF PURPOSE/FISCAL NOTE S 1178