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H0496aa.....................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - OVERTIME PAY - Amends existing law relating to state
government and the State Personnel System to provide for overtime pay for
certain employees upon emergency declaration by the Governor or with the
approval of the appointing authority and the State Board of Examiners.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
02/18 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 65-0-5
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Kren, Labrador, Ruchti, Trail
Floor Sponsor - Lake
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Com/HuRes
02/29 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon
Floor Sponsor - Andreason
Title apvd - to House
03/07 To enrol
03/10 Rpt enrol - Sp signed
03/11 Pres signed - To Governor
03/17 Governor signed
Session Law Chapter 138
Effective: 03/17/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 496 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO STATE GOVERNMENT AND THE STATE PERSONNEL SYSTEM; AMENDING SECTION 3 67-5302, IDAHO CODE, TO PROVIDE FOR OVERTIME PAY FOR CERTAIN EMPLOYEES 4 UPON EMERGENCY DECLARATION BY THE GOVERNOR OR WITH THE APPROVAL OF THE 5 APPOINTING AUTHORITY AND THE STATE BOARD OF EXAMINERS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 10 tions of the Idaho Code, each of the terms defined in this section shall have 11 the meaning given in this section unless a different meaning is clearly 12 required by the context. Such terms and their definitions are: 13 (1) "Administrative employee" means any person, nonclassified or classi- 14 fied appointed to a position which meets the following criteria: 15 (a) (i) Responsible office or nonmanual work directly related to the 16 management policies of a department or section; or 17 (ii) Responsible work that is directly related to academic instruc- 18 tion or training carried on in the administration of a school system 19 or educational establishment; and 20 (b) The employee must customarily and regularly exercise discretion and 21 independent judgment, as distinguished from using skills and following 22 procedures. The employee must have the authority to make important deci- 23 sions; and 24 (c) The employee must: 25 (i) Regularly assist a bona fide executive or administrative 26 employee; or 27 (ii) Perform work under general supervision along specialized or 28 technical lines requiring special training, experience or knowledge; 29 or 30 (iii) Execute under only general supervision special assignments; and 31 (d) The employee is classified to a position allocated to the pay grade 32 equivalent to two hundred sixty (260) points or higher pursuant to the 33 rating system established by rule. 34 (e) Final designation of a classified position as "administrative" within 35 this definition shall be made by the administrator of the division of 36 human resources. 37 (2) "Administrator" means the administrator of the division of human 38 resources in the governor's office. 39 (3) "Appointing authority" means the officer, board, commission, person 40 or group of persons authorized by statute or lawfully delegated authority to 41 make appointments to or employ personnel in any department. 42 (4) "Class" means a group of positions sufficiently similar as to the 43 duties performed, degree of supervision exercised or required, minimum 2 1 requirements of training, experience or skill, and other characteristics, that 2 the same title, the same tests of fitness and the same schedule of compensa- 3 tion may be applied to each position in the group. 4 (5) "Classified officer or employee" means any person appointed to or 5 holding a position in any department of the state of Idaho which position is 6 subject to the provisions of the merit examination, selection, retention, pro- 7 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 8 (6) "Commission" means the Idaho personnel commission. 9 (7) "Compensatory time" means approved time off from duty provided in 10 compensation for overtime hours worked. 11 (8) "Department" means any department, agency, institution or office of 12 the state of Idaho. 13 (9) "Disabled veteran" is as defined in section 65-502, Idaho Code. 14 (10) "Earned administrative leave" means hours which exceed the regularly 15 scheduled hours but do not result in overtime. These hours may accrue after 16 hours worked and hours on paid leave exceed forty (40) hours in one (1) work 17 week. 18 (11) "Eligible" means a person who has been determined to be qualified for 19 a classified position and whose name has been placed on the register of eligi- 20 bles. 21 (12) "Executive employee" means any person, nonclassified or classified, 22 appointed to a position equivalent to a bureau chief or above as provided in 23 section 67-2402, Idaho Code, or any employee meeting the following criteria: 24 (a) An individual whose primary duty is management of a department, divi- 25 sion or bureau; and 26 (b) Who customarily and regularly directs the work of at least two (2) or 27 more other employees therein; and 28 (c) Who has the authority to hire and fire, or to recommend hiring and 29 firing; or whose recommendation on these and other actions affecting 30 employees is given particular weight; and 31 (d) Who customarily and regularly exercises discretionary powers; and 32 (e) Who is classified to a position allocated to the pay grade equivalent 33 to two hundred sixty (260) points or higher pursuant to the rating system 34 established by rule. 35 (f) Final designation of a classified position as "executive" in this 36 definition shall be made by the administrator. 37 (13) "Exempt employee" means any employee, classified or nonclassified, 38 who is determined to be an executive, professional or administrative employee 39 as defined herein, or who qualifies for any other exemption from cash compen- 40 sation for overtime under applicable federal law. Final designation of a clas- 41 sified position as exempt shall be made by the administrator. 42 (14) "Full-time employee" means any employee working a forty (40) hour 43 work week. 44 (15) "Holiday" means the following: 45 January 1 (New Year's Day); 46 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 47 Day); 48 Third Monday in February (Washington's Birthday); 49 Last Monday in May (Memorial Day); 50 July 4 (Independence Day); 51 First Monday in September (Labor Day); 52 Second Monday in October (Columbus Day); 53 November 11 (Veterans Day); 54 Fourth Thursday in November (Thanksgiving); 55 December 25 (Christmas). 3 1 In addition, the term "holiday" shall mean any day so designated by the Presi- 2 dent of the United States or the governor of this state for a public fast, 3 thanksgiving or holiday. 4 In the event that a holiday occurs on a Saturday, the preceding Friday 5 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 6 shall be a holiday. 7 A holiday is a day of exemption from work granted to nonexecutive employ- 8 ees during which said employees shall be compensated as if they actually 9 worked. Employees classified as executive exempt are entitled to ten (10) paid 10 holidays per year. If such an employee works on one (1) of the official holi- 11 days listed in this subsection, then such employee may take an alternative day 12 off but shall not receive additional compensation. 13 (16) "Hours worked" means those hours actually spent in the performance of 14 the employee's job on any day including holidays, and shall not include vaca- 15 tion or sick leave or other approved leave of absence. 16 (17) "Nonclassified employee" means any person appointed to or holding a 17 position in any department of the state of Idaho, which position is exempted 18 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 19 section 67-5303, Idaho Code. 20 (18) "Normal work week" means any forty (40) hours worked during a partic- 21 ular one hundred sixty-eight (168) hour period as previously established by 22 the employee's appointing authority. 23 (19) "Open competitive examination" means an examination which may be 24 taken by qualified applicants to compete on an equal basis for listing on the 25 register of eligibles. 26 (20) "Overtime work" means time worked on holidays and time worked in 27 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 28 secutive hours, except that in the case of those employees engaged in law 29 enforcement, correctional and fire protection activities characterized by 30 irregular shift work schedules, time worked in excess of one hundred sixty 31 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 32 overtime work within the meaning of this chapter. Such employees may also be 33 paid overtime for hours earned in excess of forty (40) hours in a period of 34 one hundred sixty-eight (168) consecutive hours upon emergency declaration by 35 the governor or with the approval of the appointing authority and the board of 36 examiners. 37 (21) "Participating department" means any department of the state of Idaho 38 which employs persons in classified positions subject to the merit examina- 39 tion, selection, retention, promotion and dismissal requirements of this chap- 40 ter. 41 (22) "Part-time employee" means any employee whose usually scheduled work 42 is less than forty (40) hours in a period of one hundred sixty-eight (168) 43 consecutive hours. 44 (23) "Personnel system" means the procedure for administering employees in 45 accordance with this chapter. 46 (24) "Political office" means a public office for which partisan politics 47 is a basis for nomination, election or appointment. 48 (25) "Political organization" means a party which sponsors candidates for 49 election to political office. 50 (26) "Position" means a group of duties and responsibilities legally 51 assigned or delegated by one (1) or more appointing authorities and requiring 52 the employment of one (1) person. 53 (27) "Professional employee" means any person, nonclassified or classi- 54 fied, appointed to a position which meets the following criteria: 55 (a) The employee's primary duty must be either: 4 1 (i) Work requiring knowledge of an advanced type in a field of sci- 2 ence or learning, customarily obtained by a prolonged course of spe- 3 cialized instruction and study; or 4 (ii) Work that is original and creative in character in a recognized 5 field of artistic endeavor and the result of which depends primarily 6 on his invention, imagination, or talent; or 7 (iii) Work as a teacher certified or recognized as such in a school 8 system or educational institution by which he is employed; and 9 (b) The employee must consistently exercise discretion and judgment; and 10 (c) The employee must do work that is predominantly intellectual and var- 11 ied, as distinguished from routine or mechanical duties; and 12 (d) The employee is classified to a position allocated to the pay grade 13 equivalent to two hundred sixty (260) points or higher pursuant to the 14 rating system established by rule. 15 (e) Final designation of a classified position as "professional" within 16 this definition shall be made by the administrator. 17 (28) "Provisional appointment" means appointment to a classified position 18 pending the establishment of a register for such position and employment shall 19 not be continued in this status longer than thirty (30) days after establish- 20 ment of a register. 21 (29) "Qualifying examination" means an examination or evaluation given to 22 a selected person to determine eligibility for reclassification or appointment 23 to a position in a classification. 24 (30) "Register" means a list of names of persons who have been determined 25 to be eligible for employment in a classified position as determined on the 26 basis of examination and merit factors as established by the administrator. 27 (31) "Seasonal appointment" means an appointment to a position which is 28 permanent in nature, but which has intermittent work periods throughout the 29 year. 30 (32) "Service rating" means a recorded evaluation of work performance and 31 promotional potential of an employee by his supervisor. 32 (33) "Temporary appointment" means appointment to a position which is not 33 permanent in nature, and in which employment will not exceed one thousand 34 three hundred eighty-five (1,385) hours during any twelve (12) month period. 35 No person holding a temporary appointment may work in excess of one thousand 36 three hundred eighty-five (1,385) hours during a twelve (12) month period of 37 time for any one (1) department, except upon petition by the appointing 38 authority of the department of lands that demonstrates good cause, the admin- 39 istrator of the division of human resources may extend the one thousand three 40 hundred eighty-five (1,385) hour limit for employees of the department who are 41 required to perform fire suppression activities. 42 (34) "Vacation leave" means a period of exemption from work granted to 43 employees during which time said employees shall be compensated. The term 44 shall not include compensatory time for overtime work. 45 (35) "Veteran" is as defined in section 65-502, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Lake Seconded by Schaefer IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 496 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, delete lines 33 through 36, and insert: 3 "paid overtime for specific hours worked in addition to their normal schedules 4 upon emergency declaration by the governor or with the approval of the 5 appointing authority and the board of examiners.". 6 AMENDMENT TO THE BILL 7 On page 4, following line 45, insert: 8 "SECTION 2. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval.". 11 CORRECTION TO TITLE 12 On page 1, in line 5, following "EXAMINERS" insert: "; AND DECLARING AN 13 EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 496, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO STATE GOVERNMENT AND THE STATE PERSONNEL SYSTEM; AMENDING SECTION 3 67-5302, IDAHO CODE, TO PROVIDE FOR OVERTIME PAY FOR CERTAIN EMPLOYEES 4 UPON EMERGENCY DECLARATION BY THE GOVERNOR OR WITH THE APPROVAL OF THE 5 APPOINTING AUTHORITY AND THE STATE BOARD OF EXAMINERS; AND DECLARING AN 6 EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 11 tions of the Idaho Code, each of the terms defined in this section shall have 12 the meaning given in this section unless a different meaning is clearly 13 required by the context. Such terms and their definitions are: 14 (1) "Administrative employee" means any person, nonclassified or classi- 15 fied appointed to a position which meets the following criteria: 16 (a) (i) Responsible office or nonmanual work directly related to the 17 management policies of a department or section; or 18 (ii) Responsible work that is directly related to academic instruc- 19 tion or training carried on in the administration of a school system 20 or educational establishment; and 21 (b) The employee must customarily and regularly exercise discretion and 22 independent judgment, as distinguished from using skills and following 23 procedures. The employee must have the authority to make important deci- 24 sions; and 25 (c) The employee must: 26 (i) Regularly assist a bona fide executive or administrative 27 employee; or 28 (ii) Perform work under general supervision along specialized or 29 technical lines requiring special training, experience or knowledge; 30 or 31 (iii) Execute under only general supervision special assignments; and 32 (d) The employee is classified to a position allocated to the pay grade 33 equivalent to two hundred sixty (260) points or higher pursuant to the 34 rating system established by rule. 35 (e) Final designation of a classified position as "administrative" within 36 this definition shall be made by the administrator of the division of 37 human resources. 38 (2) "Administrator" means the administrator of the division of human 39 resources in the governor's office. 40 (3) "Appointing authority" means the officer, board, commission, person 41 or group of persons authorized by statute or lawfully delegated authority to 42 make appointments to or employ personnel in any department. 43 (4) "Class" means a group of positions sufficiently similar as to the 2 1 duties performed, degree of supervision exercised or required, minimum 2 requirements of training, experience or skill, and other characteristics, that 3 the same title, the same tests of fitness and the same schedule of compensa- 4 tion may be applied to each position in the group. 5 (5) "Classified officer or employee" means any person appointed to or 6 holding a position in any department of the state of Idaho which position is 7 subject to the provisions of the merit examination, selection, retention, pro- 8 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 9 (6) "Commission" means the Idaho personnel commission. 10 (7) "Compensatory time" means approved time off from duty provided in 11 compensation for overtime hours worked. 12 (8) "Department" means any department, agency, institution or office of 13 the state of Idaho. 14 (9) "Disabled veteran" is as defined in section 65-502, Idaho Code. 15 (10) "Earned administrative leave" means hours which exceed the regularly 16 scheduled hours but do not result in overtime. These hours may accrue after 17 hours worked and hours on paid leave exceed forty (40) hours in one (1) work 18 week. 19 (11) "Eligible" means a person who has been determined to be qualified for 20 a classified position and whose name has been placed on the register of eligi- 21 bles. 22 (12) "Executive employee" means any person, nonclassified or classified, 23 appointed to a position equivalent to a bureau chief or above as provided in 24 section 67-2402, Idaho Code, or any employee meeting the following criteria: 25 (a) An individual whose primary duty is management of a department, divi- 26 sion or bureau; and 27 (b) Who customarily and regularly directs the work of at least two (2) or 28 more other employees therein; and 29 (c) Who has the authority to hire and fire, or to recommend hiring and 30 firing; or whose recommendation on these and other actions affecting 31 employees is given particular weight; and 32 (d) Who customarily and regularly exercises discretionary powers; and 33 (e) Who is classified to a position allocated to the pay grade equivalent 34 to two hundred sixty (260) points or higher pursuant to the rating system 35 established by rule. 36 (f) Final designation of a classified position as "executive" in this 37 definition shall be made by the administrator. 38 (13) "Exempt employee" means any employee, classified or nonclassified, 39 who is determined to be an executive, professional or administrative employee 40 as defined herein, or who qualifies for any other exemption from cash compen- 41 sation for overtime under applicable federal law. Final designation of a clas- 42 sified position as exempt shall be made by the administrator. 43 (14) "Full-time employee" means any employee working a forty (40) hour 44 work week. 45 (15) "Holiday" means the following: 46 January 1 (New Year's Day); 47 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 48 Day); 49 Third Monday in February (Washington's Birthday); 50 Last Monday in May (Memorial Day); 51 July 4 (Independence Day); 52 First Monday in September (Labor Day); 53 Second Monday in October (Columbus Day); 54 November 11 (Veterans Day); 55 Fourth Thursday in November (Thanksgiving); 3 1 December 25 (Christmas). 2 In addition, the term "holiday" shall mean any day so designated by the Presi- 3 dent of the United States or the governor of this state for a public fast, 4 thanksgiving or holiday. 5 In the event that a holiday occurs on a Saturday, the preceding Friday 6 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 7 shall be a holiday. 8 A holiday is a day of exemption from work granted to nonexecutive employ- 9 ees during which said employees shall be compensated as if they actually 10 worked. Employees classified as executive exempt are entitled to ten (10) paid 11 holidays per year. If such an employee works on one (1) of the official holi- 12 days listed in this subsection, then such employee may take an alternative day 13 off but shall not receive additional compensation. 14 (16) "Hours worked" means those hours actually spent in the performance of 15 the employee's job on any day including holidays, and shall not include vaca- 16 tion or sick leave or other approved leave of absence. 17 (17) "Nonclassified employee" means any person appointed to or holding a 18 position in any department of the state of Idaho, which position is exempted 19 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 20 section 67-5303, Idaho Code. 21 (18) "Normal work week" means any forty (40) hours worked during a partic- 22 ular one hundred sixty-eight (168) hour period as previously established by 23 the employee's appointing authority. 24 (19) "Open competitive examination" means an examination which may be 25 taken by qualified applicants to compete on an equal basis for listing on the 26 register of eligibles. 27 (20) "Overtime work" means time worked on holidays and time worked in 28 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 29 secutive hours, except that in the case of those employees engaged in law 30 enforcement, correctional and fire protection activities characterized by 31 irregular shift work schedules, time worked in excess of one hundred sixty 32 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 33 overtime work within the meaning of this chapter. Such employees may also be 34 paid overtime for specific hours worked in addition to their normal schedules 35 upon emergency declaration by the governor or with the approval of the 36 appointing authority and the board of examiners. 37 (21) "Participating department" means any department of the state of Idaho 38 which employs persons in classified positions subject to the merit examina- 39 tion, selection, retention, promotion and dismissal requirements of this chap- 40 ter. 41 (22) "Part-time employee" means any employee whose usually scheduled work 42 is less than forty (40) hours in a period of one hundred sixty-eight (168) 43 consecutive hours. 44 (23) "Personnel system" means the procedure for administering employees in 45 accordance with this chapter. 46 (24) "Political office" means a public office for which partisan politics 47 is a basis for nomination, election or appointment. 48 (25) "Political organization" means a party which sponsors candidates for 49 election to political office. 50 (26) "Position" means a group of duties and responsibilities legally 51 assigned or delegated by one (1) or more appointing authorities and requiring 52 the employment of one (1) person. 53 (27) "Professional employee" means any person, nonclassified or classi- 54 fied, appointed to a position which meets the following criteria: 55 (a) The employee's primary duty must be either: 4 1 (i) Work requiring knowledge of an advanced type in a field of sci- 2 ence or learning, customarily obtained by a prolonged course of spe- 3 cialized instruction and study; or 4 (ii) Work that is original and creative in character in a recognized 5 field of artistic endeavor and the result of which depends primarily 6 on his invention, imagination, or talent; or 7 (iii) Work as a teacher certified or recognized as such in a school 8 system or educational institution by which he is employed; and 9 (b) The employee must consistently exercise discretion and judgment; and 10 (c) The employee must do work that is predominantly intellectual and var- 11 ied, as distinguished from routine or mechanical duties; and 12 (d) The employee is classified to a position allocated to the pay grade 13 equivalent to two hundred sixty (260) points or higher pursuant to the 14 rating system established by rule. 15 (e) Final designation of a classified position as "professional" within 16 this definition shall be made by the administrator. 17 (28) "Provisional appointment" means appointment to a classified position 18 pending the establishment of a register for such position and employment shall 19 not be continued in this status longer than thirty (30) days after establish- 20 ment of a register. 21 (29) "Qualifying examination" means an examination or evaluation given to 22 a selected person to determine eligibility for reclassification or appointment 23 to a position in a classification. 24 (30) "Register" means a list of names of persons who have been determined 25 to be eligible for employment in a classified position as determined on the 26 basis of examination and merit factors as established by the administrator. 27 (31) "Seasonal appointment" means an appointment to a position which is 28 permanent in nature, but which has intermittent work periods throughout the 29 year. 30 (32) "Service rating" means a recorded evaluation of work performance and 31 promotional potential of an employee by his supervisor. 32 (33) "Temporary appointment" means appointment to a position which is not 33 permanent in nature, and in which employment will not exceed one thousand 34 three hundred eighty-five (1,385) hours during any twelve (12) month period. 35 No person holding a temporary appointment may work in excess of one thousand 36 three hundred eighty-five (1,385) hours during a twelve (12) month period of 37 time for any one (1) department, except upon petition by the appointing 38 authority of the department of lands that demonstrates good cause, the admin- 39 istrator of the division of human resources may extend the one thousand three 40 hundred eighty-five (1,385) hour limit for employees of the department who are 41 required to perform fire suppression activities. 42 (34) "Vacation leave" means a period of exemption from work granted to 43 employees during which time said employees shall be compensated. The term 44 shall not include compensatory time for overtime work. 45 (35) "Veteran" is as defined in section 65-502, Idaho Code. 46 SECTION 2. An emergency existing therefor, which emergency is hereby 47 declared to exist, this act shall be in full force and effect on and after its 48 passage and approval.
STATEMENT OF PURPOSE
RS 17784
This bill amends Idaho Code Chapter 67-5302(20) with language
permitting the definition of “overtime work” for those employees
engaged in law enforcement, correctional and fire protection activities
to also include hours earned in excess of forty (40) hours in a period
of one hundred sixty-eight (168) consecutive hours upon emergency
declaration by the governor or with the approval of the appointing
authority and the board of examiners.
The Idaho State Police receives funds and has contracts and agreements
allowing the use of various funds for overtime pay for commissioned
officers working on specific projects. Certain Office of Highway
Safety Grants and the Motor Carrier Safety Assistance Program are
examples of funds used in this manner.
During FY2007 ISP incurred a federal OT cost of $660,500 (equivalent to
approximately 10 FTP in FY09), and was able to charge $359,000 directly
to the appropriate federal program in the pay period the hours were
worked. The effect of waiting until the end of the 28 day/160 hours
cycle (as the Code currently requires) is that the existing time
reporting system is geared to 40-hour week reporting, and hours worked
in excess of 40/week become overtime hours for that week, regardless of
whether the overtime hours were spent on state-funded projects or
federally-funded overtime projects. The result can be that federal
overtime hours are charged to the grant at straight time and normal
state work hours end up as excess hours, are accrued, and can
eventually be paid at time-and-one-half. ISP is currently using
handwritten timesheets at the end of each 28 day/160 hour cycle to
determine which hours are federal, which hours are state, and whether
the hours are straight time or time-and-one-half.
A change is necessary to Idaho Code, in order for officers to correctly
record the time charged as overtime worked on overtime-funded projects
at the point in the pay cycle when the work actually occurs.
FISCAL IMPACT
In FY2007, ISP was unable to charge approximately $301,500 of overtime
worked on federal grant-funded projects correctly to the funding source
due to the statutory definition of overtime. It is anticipated that in
FY2008 the dollar amount of overtime worked and paid from funds other
than the appropriate source will exceed that. True federal overtime
hours may be paid by the state at time and a half, while true state
hours are paid at straight time by federal funds.
CONTACT:
Name: Ann Cronin
Agency: Idaho State Police
Phone: 208 884-7002
STATEMENT OF PURPOSE/FISCAL IMPACT H 496