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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
878
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
WILDLAND
FIREFIGHTERS;
AMENDING
SECTION
59
-
1603,
IDAHO
CODE,
2
TO
PROVIDE
AN
EXCEPTION
TO
THE
WILDLAND
FIREFIGHTER
DIFFERENTIAL
PAY;
3
AMENDING
SECTION
67
-
5309D,
IDAHO
CODE,
TO
PROVIDE
AN
EXCEPTION
TO
THE
4
WILDLAND
FIREFIGHTER
DIFFERENTIAL
PAY;
AND
DECLARING
AN
EMERGENCY
AND
5
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
59
-
1603,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
59
-
1603.
CONFORMITY
WITH
CLASSIFIED
POSITIONS.
(1)
To
the
extent
pos
-
10
sible,
each
nonclassified
position
in
the
executive
department
will
be
paid
1
1
a
salary
or
wage
comparable
to
classified
positions
with
similar
duties,
re
-
12
sponsibilities,
training,
experience
and
other
qualifications
in
consulta
-
13
tion
with
the
division
of
human
resources.
Temporary
employees
and
agricul
-
14
tural
inspectors
referred
to
in
subsections
(m)
and
(o)
of
section
67
-
5303,
15
Idaho
Code,
shall
not
be
entitled
to
sick
leave
accruals
provided
in
section
16
59
-
1605,
Idaho
Code,
vacation
leave
provided
in
section
59
-
1606,
Idaho
Code,
17
or
holiday
pay
defined
in
subsection
(15)
of
section
67
-
5302,
Idaho
Code,
un
-
18
less
contributions
are
being
made
to
the
public
employee
retirement
system
19
in
accordance
with
chapter
13,
title
59,
Idaho
Code,
and
rules
promulgated
by
20
the
retirement
board.
Vacation
and
sick
leave
accruals,
but
not
holiday
pay,
21
shall
be
awarded
retroactively,
if
necessary,
to
the
date
such
employees
be
-
22
come
eligible
for
retirement
system
membership.
23
(2)
To
the
extent
possible,
nonclassified
state
employees
in
the
execu
-
24
tive
department
reporting
to
the
governor
or
a
board
or
commission
appointed
25
by
the
governor
shall
conform
with
chapter
53,
title
67,
Idaho
Code,
defining
26
the
state
personnel
system,
in
sections
where
nonclassified
state
employee
27
personnel
standards
are
expressly
defined.
28
(3)
To
the
extent
possible,
each
nonclassified
position
in
the
legisla
-
29
tive
department
will
be
paid
a
salary
or
wage
comparable
to
classified
posi
-
30
tions
with
similar
duties,
responsibilities,
training,
experience
and
other
31
qualifications.
32
(4)
The
supreme
court
shall
determine
the
schedules
of
salary
and
com
-
33
pensation
for
all
officers
and
employees
of
the
judicial
department
that
are
34
not
otherwise
fixed
by
law.
To
the
extent
possible,
the
supreme
court
shall
35
adopt
schedules
compatible
with
the
state's
accounting
system.
The
judicial
36
department
may
also
maintain
personnel
records
and
files
under
such
system
37
as
is
ordered
by
the
supreme
court.
38
(5)
The
state
board
of
education
shall
determine
the
schedules
of
39
salary
and
compensation,
and
prescribe
policies
for
overtime
and
compen
-
40
satory
time
off
from
duty,
for
all
officers,
teaching
staff,
and
employees
41
of
the
state
board
of
education
as
provided
by
law.
To
the
extent
possible,
42
2
the
state
board
of
education
shall
adopt
schedules
and
policies
compatible
1
with
the
state's
accounting
system.
The
state
board
of
education
may
also
2
maintain
personnel
records
and
files
under
a
system
of
its
own,
if
approved
3
by
the
state
controller.
4
(6)
Members
of
the
legislature,
the
lieutenant
governor,
other
offi
-
5
cers
whose
salaries
are
fixed
by
law,
and
members
of
part
-
time
boards,
com
-
6
missions
and
committees
shall
be
paid
according
to
law.
7
(7)
Any
schedule
of
salary
and
compensation
must
be
approved
by
the
ap
-
8
pointing
authority
and
be
communicated
to
the
state
controller
in
writing
at
9
least
thirty
(30)
days
in
advance
of
the
effective
date
of
the
schedule.
10
(8)
In
addition
to
salary
increases
provided
by
any
compensation
sched
-
1
1
ule
adopted
pursuant
to
subsection
(7)
of
this
section,
nonclassified
offi
-
12
cers
and
employees,
except
those
who
are
elected
officials
or
whose
salaries
13
are
fixed
by
law,
may
be
granted
an
award
not
to
exceed
two
thousand
dollars
14
($2,000)
in
any
given
fiscal
year
based
on
an
affirmative
certification
of
15
meritorious
service.
Exceptions
to
the
two
-
thousand
-
dollar
($2,000)
limit
16
provided
in
this
section
may
be
granted
under
extraordinary
circumstances
if
17
approved
in
advance
by
the
state
board
of
examiners.
Appointing
authorities
18
shall
submit
a
report
to
the
division
of
financial
management
and
the
leg
-
19
islative
services
office
by
October
1
on
all
awards
granted
in
the
preceding
20
fiscal
year.
21
(9)
In
addition
to
salary
increases
provided
by
any
compensation
sched
-
22
ule,
nonclassified
officers
and
employees,
except
those
who
are
elected
of
-
23
ficials
or
whose
salaries
are
fixed
by
law,
may
be
granted
an
award
not
to
24
exceed
two
thousand
dollars
($2,000)
in
any
given
fiscal
year
based
on
sug
-
25
gestions
or
recommendations
made
by
the
employee
that
resulted
in
taxpayer
26
savings
as
a
result
of
cost
savings
or
greater
efficiencies
to
the
depart
-
27
ment,
office
or
institution
or
to
the
state
of
Idaho
in
excess
of
the
amount
28
of
the
award.
Exceptions
to
the
two
-
thousand
-
dollar
($2,000)
limit
provided
29
in
this
subsection
may
be
granted
in
extraordinary
circumstances
if
approved
30
in
advance
by
the
state
board
of
examiners.
The
appointing
authority
shall
31
as
near
as
practicable
utilize
the
criteria
in
conformance
with
rules
pro
-
32
mulgated
by
the
division
of
human
resources
pursuant
to
section
67
-
5309D,
33
Idaho
Code.
Appointing
authorities
shall
submit
a
report
to
the
division
of
34
financial
management
and
the
legislative
services
office
by
October
1
on
all
35
employee
suggestion
awards
granted
in
the
preceding
fiscal
year.
Such
re
-
36
port
shall
include
any
changes
made
as
a
direct
result
of
an
employee's
sug
-
37
gestion
and
savings
resulting
therefrom.
38
(10)
Each
appointing
authority,
including
the
elective
offices
in
the
39
executive
department,
the
legislative
department,
the
judicial
department,
40
and
the
state
board
of
education
and
the
board
of
regents,
shall
comply
with
41
all
reporting
requirements
necessary
to
produce
the
list
of
employee
posi
-
42
tions
prescribed
by
section
67
-
3519,
Idaho
Code.
43
(11)
The
adjutant
general,
with
the
approval
of
the
governor,
shall
44
prescribe
personnel
policies
for
all
officers
and
employees
of
the
national
45
guard
that
are
not
otherwise
fixed
by
law.
Such
policies
will
include
an
46
employee
grievance
procedure
with
appeal
to
the
adjutant
general.
The
ad
-
47
jutant
general
shall
determine
schedules
of
salary
and
compensation
that
48
are,
to
the
extent
possible,
comparable
to
the
schedules
used
for
federal
49
civil
service
employees
of
the
national
guard
and
those
employees
serving
50
3
in
military
status.
Schedules
adopted
shall
be
compatible
with
the
state's
1
accounting
system
to
the
extent
possible.
2
(12)
In
addition
to
salary
increases
provided
by
any
compensation
3
schedule,
nonclassified
officers
and
employees,
except
those
who
are
4
elected
officials
or
whose
salaries
are
fixed
by
law,
may
be
granted
award
5
pay
for
recruitment
or
retention
purposes.
Retention
bonuses
require
af
-
6
firmative
certification
of
meritorious
service
after
completion
of
at
least
7
six
(6)
months
of
service
prior
to
issuance.
Department
directors
and
the
8
administrator
of
the
division
of
human
resources
are
authorized
to
seek
9
legal
remedies
available,
including
deductions
from
an
employee's
accrued
10
vacation
funds,
from
an
employee
who
resigns
during
the
designated
period
of
1
1
time
after
receipt
of
a
recruitment
or
retention
bonus.
Appointing
author
-
12
ities
shall
submit
a
report
to
the
division
of
financial
management
and
the
13
legislative
services
office
by
October
1
on
all
such
awards
granted
in
the
14
preceding
fiscal
year.
15
(13)
In
addition
to
salary
increases
provided
by
any
compensation
16
schedule,
nonclassified
officers
and
employees,
except
those
who
are
17
elected
officials
or
whose
salaries
are
fixed
by
law,
may
be
granted
other
18
pay
as
provided
in
this
subsection.
Appointing
authorities
shall
submit
a
19
report
to
the
division
of
financial
management
and
the
legislative
services
20
office
by
October
1
on
all
such
awards
granted
in
the
preceding
fiscal
year,
21
including:
22
(a)
Shift
differential
pay
up
to
twenty
-
five
percent
(25%)
of
hourly
23
rates
depending
on
local
market
rates
in
order
to
attract
and
retain
24
qualified
staff;
25
(b)
Geographic
differential
pay
in
areas
of
the
state
where
recruitment
26
and
retention
are
difficult
due
to
economic
conditions
and
cost
of
liv
-
27
ing;
and
28
(c)
Wildland
firefighter
differential
pay
up
to
twenty
-
five
percent
29
(25%)
of
hourly
rates
for
wildland
firefighting
personnel
who
hold
30
current
incident
qualification
cards
while
working
on
the
fireline
of
31
a
fire
incident
not
deemed
controlled
or
at
a
fire
incident
helibase
32
servicing
active
flights.
Such
differential
pay
shall
apply
only
to
33
temporary
returning
seasonal
firefighters
and
temporary
first
year
34
seasonal
firefighters.
Such
differential
pay
shall
not
apply
to
per
-
35
manent
employees
who
have
a
firefighting
role
or
hold
current
incident
36
qualification
cards.
37
(14)
When
necessary
to
obtain
or
retain
qualified
personnel
and
when
a
38
distribution
has
been
approved
for
classified
employees
pursuant
to
section
39
67
-
5309D,
Idaho
Code,
each
appointing
authority,
including
the
elective
of
-
40
fices
in
the
executive
branch,
the
legislative
branch,
the
judicial
branch,
41
and
the
state
board
of
education
and
the
board
of
regents
of
the
university
of
42
Idaho,
may
grant
nonclassified
employees
nonmerit
pay
in
the
same
proportion
43
as
received
by
classified
employees
in
that
department
or
institution.
Ap
-
44
pointing
authorities
shall
submit
a
report
to
the
division
of
financial
man
-
45
agement
and
the
legislative
services
office
by
October
1
on
all
such
awards
46
granted
in
the
preceding
fiscal
year.
47
(15)
Each
appointing
authority
shall,
as
nearly
as
practicable,
utilize
48
the
criteria
for
reimbursement
of
moving
expenses
in
conformance
with
sec
-
49
tion
67
-
5337,
Idaho
Code,
and
rules
promulgated
by
the
division
of
human
re
-
50
4
sources
pursuant
thereto.
Appointing
authorities
shall
submit
a
report
to
1
the
division
of
financial
management
and
the
legislative
services
office
by
2
October
1
on
all
moving
reimbursements
granted
in
the
preceding
fiscal
year.
3
(16)
Specific
pay
codes
shall
be
established
and
maintained
in
the
state
4
controller's
office
to
ensure
accurate
reporting
and
monitoring
of
all
pay
5
actions
authorized
in
this
section.
6
SECTION
2.
That
Section
67
-
5309D,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
67
-
5309D.
OTHER
PAY
DELIVERY
OPTIONS.
(1)
In
addition
to
pay
increases
9
authorized
in
section
67
-
5309B,
Idaho
Code,
the
department
director
may
10
grant
a
classified
employee
bonus
pay
not
to
exceed
two
thousand
dollars
1
1
($2,000)
in
any
given
fiscal
year
based
on
exemplary
performance.
Excep
-
12
tions
to
the
two
-
thousand
-
dollar
($2,000)
limit
provided
in
this
subsection
13
may
be
granted
in
extraordinary
circumstances
if
approved
in
advance
by
the
14
state
board
of
examiners.
Departments
shall
submit
a
report
to
the
division
15
of
financial
management
and
the
legislative
services
office
by
October
1
on
16
all
bonuses
granted
in
the
preceding
fiscal
year.
17
(2)
In
addition
to
pay
increases
authorized
in
section
67
-
5309B,
Idaho
18
Code,
the
department
director
may
grant
a
classified
employee
an
award
pay
-
19
ment
based
on
suggestions
or
recommendations
made
by
the
employee
that
re
-
20
sulted
in
taxpayer
savings
as
a
result
of
cost
savings
or
greater
efficien
-
21
cies
to
the
department
or
to
the
state
of
Idaho
in
excess
of
the
amount
of
the
22
award
and
in
compliance
with
the
rules
for
employee
suggestion
awards
pro
-
23
mulgated
by
the
division
of
human
resources.
The
award
may
be
an
amount
up
to
24
twenty
-
five
percent
(25%)
of
the
amount
determined
to
be
the
dollar
savings
25
to
the
state,
but
not
in
excess
of
two
thousand
dollars
($2,000).
Exceptions
26
to
the
two
-
thousand
-
dollar
($2,000)
limit
provided
in
this
subsection
may
be
27
granted
in
extraordinary
circumstances
if
approved
in
advance
by
the
state
28
board
of
examiners.
Departments
shall
submit
a
report
to
the
division
of
fi
-
29
nancial
management
and
the
legislative
services
office
by
October
1
on
all
30
employee
suggestion
awards
granted
in
the
preceding
fiscal
year.
Such
re
-
31
port
shall
include
any
changes
made
as
a
direct
result
of
an
employee's
sug
-
32
gestion
and
savings
resulting
therefrom.
33
(3)
In
addition
to
pay
increases
authorized
in
section
67
-
5309B,
Idaho
34
Code,
the
department
director
may
grant
award
pay
to
a
classified
employee
35
for
recruitment
or
retention
purposes.
Retention
bonuses
require
comple
-
36
tion
of
at
least
six
(6)
months
of
achieving
performance
standards
prior
to
37
issuance.
The
department
director
and
the
administrator
of
the
division
of
38
human
resources
are
authorized
to
seek
legal
remedies
available,
including
39
deductions
from
an
employee's
accrued
vacation
funds,
from
an
employee
who
40
resigns
during
the
designated
period
of
time
after
receipt
of
a
recruitment
41
or
retention
bonus.
Departments
shall
submit
a
report
to
the
division
of
fi
-
42
nancial
management
and
the
legislative
services
office
by
October
1
on
all
43
such
awards
granted
in
the
preceding
fiscal
year.
44
(4)
In
addition
to
pay
increases
authorized
in
section
67
-
5309B,
Idaho
45
Code,
department
directors
may
provide
a
classified
employee
other
nonper
-
46
formance
-
related
pay
as
provided
in
this
subsection.
Departments
shall
sub
-
47
mit
a
report
to
the
division
of
financial
management
and
the
legislative
ser
-
48
5
vices
office
by
October
1
on
all
such
awards
granted
in
the
preceding
fiscal
1
year,
including:
2
(a)
Shift
differential
pay
up
to
twenty
-
five
percent
(25%)
of
hourly
3
rates
depending
on
local
market
rates
in
order
to
attract
and
retain
4
qualified
staff;
5
(b)
Geographic
differential
pay
in
areas
of
the
state
where
recruitment
6
and
retention
of
qualified
staff
are
difficult
due
to
economic
condi
-
7
tions
and
cost
of
living;
and
8
(c)
Wildland
firefighter
differential
pay
up
to
twenty
-
five
percent
9
(25%)
of
hourly
rates
for
wildland
firefighting
personnel
who
hold
10
current
incident
qualification
cards
while
working
on
the
fireline
of
1
1
a
fire
incident
not
deemed
controlled
or
at
a
fire
incident
helibase
12
servicing
active
flights.
Such
differential
pay
shall
apply
only
to
13
temporary
returning
seasonal
firefighters
and
temporary
first
year
14
seasonal
firefighters.
Such
differential
pay
shall
not
apply
to
per
-
15
manent
employees
who
have
a
firefighting
role
or
hold
current
incident
16
qualification
cards.
17
Employees
in
the
same
classification
who
are
similarly
situated
shall
be
18
treated
consistently
in
respect
to
shift
differential
and
geographic
pay
19
differential.
20
(5)
When
necessary
to
obtain
or
retain
qualified
personnel
in
a
partic
-
21
ular
classification,
upon
petition
of
the
department
to
the
administrator
22
containing
acceptable
reasons
therefor,
a
higher
temporary
pay
grade
may
be
23
authorized
by
the
administrator
that,
if
granted,
shall
be
reviewed
annually
24
to
determine
the
need
for
continuance.
25
(6)
In
unusual
circumstances,
with
prior
approval
from
the
administra
-
26
tors
of
the
division
of
human
resources
and
the
division
of
financial
manage
-
27
ment,
agencies
may
grant
nonperformance
-
related
pay
to
employees,
which
in
28
no
case
may
exceed
five
percent
(5%)
of
an
employee's
base
pay.
Departments
29
shall
submit
a
report
to
the
division
of
financial
management
and
the
leg
-
30
islative
services
office
by
October
1
on
all
such
awards
granted
in
the
pre
-
31
ceding
fiscal
year.
32
(7)
Specific
pay
codes
shall
be
established
and
maintained
in
the
state
33
controller's
office
to
ensure
accurate
reporting
and
monitoring
of
all
pay
34
actions
authorized
in
this
section.
35
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
36
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
37
July
1,
2026.
38