Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1274
BY
COMMERCE
AND
HUMAN
RESOURCES
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
EMPLOYMENT;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
SEC
-
2
TION
59
-
1606,
IDAHO
CODE,
TO
REMOVE
OBSOLETE
LANGUAGE;
AMENDING
SEC
-
3
TION
59
-
1607,
IDAHO
CODE,
TO
REMOVE
OBSOLETE
LANGUAGE;
AMENDING
SEC
-
4
TION
67
-
5315,
IDAHO
CODE,
TO
REMOVE
OBSOLETE
LANGUAGE;
AMENDING
SEC
-
5
TION
67
-
5328,
IDAHO
CODE,
TO
REMOVE
OBSOLETE
LANGUAGE;
AND
DECLARING
AN
6
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
IDAHO
CODE
CLEANUP
-
-
LEGISLATIVE
INTENT.
It
is
the
intent
9
of
the
Legislature
to
ensure
that
the
state
laws
provided
in
Idaho
Code
are
10
streamlined,
up
-
to
-
date,
and
essential
for
the
citizens
of
Idaho,
while
best
1
1
serving
the
public
health,
safety,
and
welfare.
In
accordance
with
the
Idaho
12
Code
Cleanup
Act,
following
comprehensive
review,
the
Legislature
has
iden
-
13
tified
the
provisions
of
this
act
as
obsolete,
outdated,
or
unnecessary.
14
SECTION
2.
That
Section
59
-
1606,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
59
-
1606.
VACATION
TIME.
(1)
Eligible
nonclassified
officers
and
em
-
17
ployees
in
the
executive
department
and
in
the
legislative
department
shall
18
accrue
vacation
leave
and
take
vacation
leave
at
the
same
rate
and
under
the
19
same
conditions
as
is
provided
in
section
67
-
5334,
Idaho
Code,
for
classi
-
20
fied
officers
and
employees.
21
(a)
The
state
board
of
examiners
shall
adopt
comparative
tables
and
22
charts
to
compute
vacation
time
on
daily,
weekly,
bi
-
weekly,
calendar
23
month
and
annual
periods.
24
(2)
Eligible
nonclassified
officers
and
employees
in
the
judicial
de
-
25
partment
shall
accrue
vacation
leave
as
determined
by
order
of
the
supreme
26
court.
27
Leave
policies
established
by
the
supreme
court
must
be
communicated
to
28
the
state
controller
in
writing
at
least
one
hundred
eighty
(180)
days
in
ad
-
29
vance
of
the
effective
date
of
the
policies.
30
(3)
The
state
board
of
education
shall
determine
the
vacation
leave
31
policies
for
all
officers
and
employees
of
the
state
board
of
education
who
32
are
not
subject
to
the
provisions
of
chapter
53,
title
67,
Idaho
Code.
To
the
33
extent
possible,
the
state
board
of
education
shall
adopt
policies
which
are
34
compatible
with
the
state's
accounting
system.
35
Any
policy
and
procedures
determined
by
the
state
board
of
education
36
must
be
communicated
to
the
state
controller
in
writing
at
least
one
hundred
37
eighty
(180)
days
in
advance
of
the
effective
date
of
the
policy
and
proce
-
38
dures.
39
(4)
For
those
eligible
nonclassified
officers
and
employees
previously
40
employed
by
a
county
office
of
public
defender
or
joint
office
of
public
de
-
41
2
fender
and
hired
by
the
office
of
the
state
public
defender
prior
to
January
1
1,
2025:
2
(
a)
Credited
state
service,
for
the
purposes
of
section
67
-
5334,
Idaho
3
Code,
shall
include
all
credited
service
earned
for
purposes
of
the
pub
-
4
lic
employee
retirement
system
established
pursuant
to
chapter
13,
ti
-
5
tle
59,
Idaho
Code;
and
6
(b)
At
the
discretion
of
the
officer
or
employee,
up
to
forty
(40)
hours
7
of
unused
paid
time
off
shall
be
secured
for,
and
credited
to,
the
offi
-
8
cer
or
employee
by
the
office
of
the
public
defender
to
be
utilized
as
9
vacation
time.
The
officer
or
employee's
prior
employing
county
shall
10
bequest
and
deposit
funds
corresponding
to
the
secured
and
credited
1
1
vacation
hours
in
the
state
public
defense
fund
established
by
section
12
57
-
827,
Idaho
Code.
13
SECTION
3.
That
Section
59
-
1607,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
59
-
1607.
HOURS
OF
WORK
AND
OVERTIME.
(1)
It
is
the
policy
of
the
legis
-
16
lature
of
the
state
of
Idaho
that
all
classified
and
nonclassified
officers
17
and
employees
of
the
executive
branch
of
state
government
shall
be
treated
18
substantially
similar
with
reference
to
hours
of
employment,
holidays
and
19
vacation
leave,
except
as
provided
in
this
chapter.
For
wage,
hour
and
20
working
conditions,
the
supreme
court
and
the
legislative
council
shall
21
prescribe
rules
for
employees
of
the
judicial
branch
and
the
legislative
22
branch,
respectively.
The
policy
of
this
state
shall
not
restrict
the
ex
-
23
tension
of
regular
work
hour
schedules
on
an
overtime
basis,
which
shall
be
24
the
same
for
classified
and
nonclassified
employees,
in
those
activities
and
25
duties
where
such
extension
is
necessary
and
authorized
by
the
appointing
26
authority.
27
(2)
The
appointing
authority
of
any
department
shall
determine
the
ne
-
28
cessity
for
overtime
work
and
shall
provide
for
cash
compensation
or
compen
-
29
satory
time
off
for
such
overtime
work
for
eligible
classified
and
nonclas
-
30
sified
officers
and
employees.
31
(3)
Classified
and
nonclassified
officers
and
employees
who
fall
32
within
one
(1)
or
more
of
the
following
categories
are
ineligible
for
cash
33
compensation
or
compensatory
time
for
overtime
work:
34
(a)
Elected
officials;
or
35
(b)
Those
included
in
the
definition
of
section
67
-
5303(j),
Idaho
Code.
36
(4)
Classified
and
nonclassified
employees
who
are
designated
as
exec
-
37
utive,
as
provided
in
section
67
-
5302,
Idaho
Code,
and
who
are
not
included
38
in
the
definition
of
subsection
(3)
of
this
section,
shall
be
ineligible
for
39
compensatory
time
or
cash
compensation
for
overtime
work.
Such
salaried
40
employees
shall
report
absences
in
excess
of
one
-
half
(1/2)
day.
Employees
41
who
become
executives
within
their
current
agency
as
set
forth
in
section
42
67
-
5302(12),
Idaho
Code,
shall
have
twelve
(12)
months
from
the
date
of
43
this
act
or
of
appointment,
whichever
is
later,
to
use
any
compensatory
time
44
balance.
After
twelve
(12)
months,
any
remaining
compensatory
time
will
be
45
forfeited.
Compensatory
time
is
not
transferable
and
shall
be
forfeited
at
46
the
time
of
transfer
to
another
appointing
authority
or
upon
separation
from
47
state
service.
48
3
(5)
Classified
and
nonclassified
officers
and
employees
who
are
des
-
1
ignated
as
administrative
or
professional
as
provided
in
the
federal
fair
2
labor
standards
act,
or
who
are
designated
as
exempt
under
any
other
complete
3
exemption
in
federal
law,
and
who
are
not
included
in
the
definition
of
sub
-
4
section
(3)
of
this
section,
shall
be
ineligible
for
cash
compensation
for
5
overtime
work
unless
cash
payment
is
authorized
by
the
state
board
of
exam
-
6
iners
for
overtime
accumulated
during
unusual
or
emergency
situations,
but
7
such
classified
and
nonclassified
officers
and
employees
shall
be
allowed
8
compensatory
time
off
from
duty
for
overtime
work.
Such
compensatory
time
9
shall
be
earned
and
allowed
on
hour
-
for
-
hour
basis,
shall
not
be
transfer
-
10
able,
and
shall
be
forfeited
at
the
time
of
transfer
to
another
appointing
1
1
authority
or
upon
separation
from
state
service.
Compensatory
time
may
be
12
accrued
and
accumulated
up
to
a
maximum
of
two
hundred
forty
(240)
hours.
13
Effective
with
the
first
pay
period
in
July
2008
(beginning
date
June
15,
14
2008),
compensatory
Compensatory
time
balances
in
excess
of
two
hundred
15
forty
(240)
hours
will
not
continue
to
accrue
until
the
balance
is
below
the
16
maximum.
17
(6)
Classified
and
nonclassified
officers
and
employees
who
are
not
18
designated
as
executive,
administrative
or
professional
as
provided
in
this
19
section,
and
who
are
not
included
in
the
definition
of
subsection
(3)
of
20
this
section
or
who
are
not
designated
as
exempt
under
any
other
complete
21
exemption
in
federal
law,
shall
be
eligible
for
cash
compensation
or
com
-
22
pensatory
time
off
from
duty
for
overtime
work,
subject
to
the
restrictions
23
of
applicable
federal
law.
Compensatory
time
off
may
be
provided
in
lieu
24
of
cash
compensation
at
the
discretion
of
the
appointing
authority
after
25
consultation,
in
advance,
with
the
employee.
Compensatory
time
off
shall
26
be
paid
at
the
rate
of
one
and
one
-
half
(1
1/2)
hours
for
each
overtime
hour
27
worked.
Compensatory
time
off
that
has
been
earned
during
any
one
-
half
(1/2)
28
fiscal
year
but
not
taken
by
the
end
of
the
succeeding
one
-
half
(1/2)
fiscal
29
year
shall
be
paid
in
cash
on
the
first
payroll
following
the
close
of
such
30
succeeding
one
-
half
(1/2)
fiscal
year.
Compensatory
time
not
taken
at
the
31
time
of
transfer
to
another
appointing
authority
or
upon
separation
from
32
state
service
shall
be
liquidated
at
the
time
of
such
transfer
or
separation
33
by
payment
in
cash.
34
(7)
Notwithstanding
the
provisions
of
this
section,
employees
may
be
35
paid
for
overtime
work
during
a
disaster
or
emergency
with
the
approval
of
36
the
board
of
examiners.
37
SECTION
4.
That
Section
67
-
5315,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
67
-
5315.
ESTABLISHMENT
AND
ADOPTION
OF
EMPLOYEE
PROBLEM
SOLVING
AND
40
DUE
PROCESS
PROCEDURES.
(1)
Each
participating
department
shall
,
on
or
be
-
41
fore
July
1,
1999,
establish
and
adopt
an
employee
problem
solving
proce
-
42
dure
within
such
department,
which
shall
be
reduced
to
writing
and
shall
be
43
in
full
compliance
with
the
provisions
of
the
uniform
problem
solving
pro
-
44
cedure
as
adopted
by
rule
by
the
administrator
pursuant
to
subsection
(4)
of
45
this
section.
The
department
problem
solving
procedure
shall
be
approved
by
46
the
administrator
of
the
division
of
human
resources
prior
to
implementation
47
or
amendment.
A
copy
of
the
approved
problem
solving
procedure
plan
shall
48
be
furnished
and
explained
to
each
employee
of
the
department
concerned.
No
49
4
employee
shall
be
disciplined
or
otherwise
prejudiced
in
his
employment
for
1
exercising
his
rights
under
the
plan,
and
department
heads
shall
encourage
2
the
use
of
the
plan
in
the
resolution
of
grievances
arising
in
the
course
of
3
public
employment.
A
classified
employee
may
file
under
the
problem
solving
4
procedure
any
matter,
except
that
compensation
shall
not
be
deemed
a
proper
5
subject
for
consideration
under
the
problem
solving
procedure
except
as
it
6
applies
to
alleged
inequities
within
a
particular
agency
or
department,
and
7
except
for
termination
during
the
entrance
probationary
period,
and
except
8
for
those
matters
set
forth
in
subsection
(2)
of
this
section.
9
(2)
No
action
of
a
participating
department
relating
to
a
disciplinary
10
dismissal,
suspension
or
demotion,
or
an
involuntary
transfer
of
a
classi
-
1
1
fied
state
employee
shall
be
effective
until
the
affected
employee
shall
12
have
received
notice
and
an
opportunity
to
be
heard.
The
classified
employee
13
may
then
appeal
to
the
Idaho
personnel
commission
those
disciplinary
matters
14
set
forth
in
section
67
-
5316(1)(a),
Idaho
Code.
15
(3)
If
the
filing
concerns
a
matter
which
is
reviewable
pursuant
to
16
section
67
-
5316,
Idaho
Code,
the
time
for
appeal
to
the
commission
shall
not
17
commence
to
run
until
the
employee
has
completed
the
problem
solving
proce
-
18
dure
provided
by
the
department
in
accordance
with
the
terms
thereof
or,
in
19
the
case
of
disciplinary
actions
set
forth
in
subsection
(2)
of
this
section,
20
until
the
disciplinary
action
becomes
effective;
provided,
however,
the
21
failure
of
an
employee
to
pursue
the
problem
solving
procedures
established
22
within
the
department
shall
constitute
a
waiver
of
the
employee's
right
of
23
review
by
the
commission.
24
(4)
The
division
of
human
resources
shall
adopt
a
rule
defining
uni
-
25
form
problem
solving
and
due
process
procedures
for
use
by
all
participating
26
departments
with
classified
employees.
With
respect
to
the
problem
solv
-
27
ing
procedure,
the
rule
shall
provide
a
complete
procedure
for
all
stages
of
28
the
process,
including
problem
solving
meetings
with
department
represen
-
29
tatives
in
the
employee's
chain
of
command.
With
respect
to
the
due
process
30
procedure,
the
rule
shall
provide
that
the
employee
receive
notice
and
an
op
-
31
portunity
to
be
heard
before
the
department
decides
in
favor
of
disciplinary
32
action.
The
rule
shall
also
provide
for
time
periods
for
each
step
of
the
33
procedures.
The
rule
shall
provide
for
the
use
of
an
impartial
mediator
upon
34
agreement
between
the
agency
and
the
employee.
The
employee
shall
be
enti
-
35
tled
to
be
represented
by
a
person
of
the
employee's
own
choosing
at
each
step
36
of
the
procedures,
except
the
initial
informal
discussion
with
the
immediate
37
supervisor
prior
to
filing
under
the
problem
solving
procedure.
38
SECTION
5.
That
Section
67
-
5328,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
67
-
5328.
HOURS
OF
WORK
AND
OVERTIME.
(1)
It
is
hereby
declared
to
be
41
the
policy
of
the
legislature
of
the
state
of
Idaho
that
all
state
employees
42
shall
be
treated
substantially
similar
with
reference
to
hours
of
employ
-
43
ment.
The
policy
of
this
state
as
declared
in
this
act
shall
not
restrict
the
44
extension
of
regular
work
hour
schedules
on
an
overtime
basis
in
those
ac
-
45
tivities
and
duties
where
such
extension
is
necessary
and
authorized,
pro
-
46
vided
that
overtime
work
performed
under
such
extension
is
compensated
for
47
as
hereinafter
provided.
48
5
(2)
The
appointing
authority
of
any
department
shall
determine
the
ne
-
1
cessity
for
overtime
work
and
shall
provide
for
cash
compensation
or
compen
-
2
satory
time
off
for
such
overtime
work
for
eligible
classified
officers
and
3
employees,
subject
to
the
restrictions
of
applicable
federal
law.
4
(3)
Cash
for
overtime
and
compensatory
time
shall
be
paid
based
on
the
5
following
criteria:
6
(a)
Classified
and
nonclassified
officers
and
employees
who
fall
7
within
one
(1)
or
more
of
the
following
categories
are
ineligible
for
8
cash
compensation
or
compensatory
time
for
overtime
work:
9
(i)
Elected
officials;
or
10
(ii)
Those
included
in
the
definition
of
section
67
-
5303(j),
1
1
Idaho
Code.
12
(b)
Classified
and
nonclassified
employees
who
are
designated
as
ex
-
13
ecutive,
as
provided
in
section
67
-
5302,
Idaho
Code,
and
who
are
not
14
included
in
the
definition
of
paragraph
(a)
of
this
subsection,
shall
15
be
ineligible
for
compensatory
time
or
cash
compensation
for
over
-
16
time
work.
Such
salaried
employees
shall
report
absences
in
excess
17
of
one
-
half
(1/2)
day.
Employees
who
become
executives
within
their
18
current
agency
as
set
forth
in
section
67
-
5302(12),
Idaho
Code,
shall
19
have
twelve
(12)
months
from
the
date
of
this
act
or
of
appointment,
20
whichever
is
later,
to
use
any
compensatory
time
balance.
After
twelve
21
(12)
months,
any
remaining
compensatory
time
will
be
forfeited.
Com
-
22
pensatory
time
is
not
transferable
and
shall
be
forfeited
at
the
time
of
23
transfer
to
another
appointing
authority
or
upon
separation
from
state
24
service.
25
(c)
Classified
and
nonclassified
employees
who
are
designated
as
ad
-
26
ministrative
or
professional,
as
provided
in
the
federal
fair
labor
27
standards
act,
29
U.S.C.
201
et
seq.,
or
who
are
designated
as
exempt
28
under
any
other
complete
exemption
in
federal
law,
and
who
are
not
in
-
29
cluded
in
the
definition
of
paragraph
(a)
or
(b)
of
this
subsection,
30
shall
be
ineligible
for
cash
compensation
for
overtime
work
unless
cash
31
payment
is
authorized
by
the
state
board
of
examiners
for
overtime
ac
-
32
cumulated
during
unusual
or
emergency
situations,
but
such
classified
33
and
nonclassified
employees
shall
be
allowed
compensatory
time
off
34
from
duty
for
overtime
work.
Such
compensatory
time
shall
be
earned
and
35
allowed
on
hour
-
for
-
hour
basis,
shall
not
be
transferable,
and
shall
36
be
forfeited
at
the
time
of
transfer
to
another
appointing
authority
37
or
upon
separation
from
state
service.
Compensatory
time
may
be
ac
-
38
crued
and
accumulated
up
to
a
maximum
of
two
hundred
forty
(240)
hours.
39
Effective
with
the
first
pay
period
in
July
2008
(beginning
date
June
40
15,
2008),
compensatory
Compensatory
time
balances
in
excess
of
two
41
hundred
forty
(240)
hours
will
not
continue
to
accrue
until
the
balance
42
is
below
the
maximum.
43
(d)
Classified
and
nonclassified
employees
who
are
not
designated
as
44
executive,
administrative
or
professional
as
provided
in
this
section
45
and
who
are
not
included
in
the
definition
of
paragraph
(a)
of
this
sub
-
46
section
or
who
are
not
designated
as
exempt
under
any
other
complete
47
exemption
in
federal
law
shall
be
eligible
for
cash
compensation
or
com
-
48
pensatory
time
off
from
duty
for
overtime
work,
subject
to
the
restric
-
49
tions
of
applicable
federal
law.
Compensatory
time
off
may
be
provided
50
6
in
lieu
of
cash
compensation
at
the
discretion
of
the
appointing
author
-
1
ity
after
consultation,
in
advance,
with
the
employee.
Compensatory
2
time
off
shall
be
paid
at
the
rate
of
one
and
one
-
half
(1
1/2)
hours
for
3
each
overtime
hour
worked.
Compensatory
time
off
that
has
been
earned
4
during
any
one
-
half
(1/2)
fiscal
year
but
not
taken
by
the
end
of
the
5
succeeding
one
-
half
(1/2)
fiscal
year
shall
be
paid
in
cash
on
the
first
6
payroll
following
the
close
of
such
succeeding
one
-
half
(1/2)
fiscal
7
year.
Compensatory
time
not
taken
at
the
time
of
transfer
to
another
ap
-
8
pointing
authority
or
upon
separation
from
state
service
shall
be
liq
-
9
uidated
at
the
time
of
such
transfer
or
separation
by
payment
in
cash.
10
(e)
Notwithstanding
the
provisions
of
this
section,
employees
may
be
1
1
paid
for
overtime
work
during
a
disaster
or
emergency
with
the
approval
12
of
the
board
of
examiners.
13
(4)
Cash
compensation
for
overtime,
when
paid,
shall
be
at
one
and
one
-
14
half
(1
1/2)
times
the
hourly
rate
of
that
officer's
or
employee's
salary
or
15
wage,
except
for
those
employees
whose
positions
fall
within
the
definitions
16
of
executive,
administrative
or
professional
as
stated
in
section
67
-
5302,
17
Idaho
Code,
who
will
be
paid
at
their
regular
hourly
rate
of
pay
as
provided
18
for
in
subsection
(3)
of
this
section.
19
(5)
Except
as
provided
for
in
subsection
(3)
of
this
section,
compensa
-
20
tion
for
authorized
overtime
work
shall
be
made
at
the
completion
of
the
pay
21
period
next
following
the
pay
period
in
which
the
overtime
work
occurred
and
22
shall
be
added
to
the
regular
salary
payment.
23
(6)
At
the
request
of
the
administrator
of
the
division
of
human
re
-
24
sources,
agencies
in
the
executive
department
shall
conduct
a
review
and
co
-
25
operate
with
the
division
of
human
resources
to
ensure
all
fair
labor
stan
-
26
dards
act
requirements
are
appropriately
implemented
for
all
positions
and
27
provide
the
report
to
the
division
of
human
resources.
28
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
29
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
30
July
1,
2026.
31