Amends existing law to provide an exception to wildland firefighter differential pay.

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 ACT1 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 THE4 WILDLAND FIREFIGHTER DIFFERENTIAL PAY; AND DECLARING AN EMERGENCY AND5 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 hereby8 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 paid11 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 section16 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 system19 in accordance with chapter 13, title 59, Idaho Code, and rules promulgated by20 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 appointed25 by the governor shall conform with chapter 53, title 67, Idaho Code, defining26 the state personnel system, in sections where nonclassified state employee27 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 other31 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 are34 not otherwise fixed by law. To the extent possible, the supreme court shall35 adopt schedules compatible with the state's accounting system. The judicial36 department may also maintain personnel records and files under such system37 as is ordered by the supreme court.38 (5) The state board of education shall determine the schedules of39 salary and compensation, and prescribe policies for overtime and compen-40 satory time off from duty, for all officers, teaching staff, and employees41 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 compatible1 with the state's accounting system. The state board of education may also2 maintain personnel records and files under a system of its own, if approved3 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 at9 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-11 ule adopted pursuant to subsection (7) of this section, nonclassified offi-12 cers and employees, except those who are elected officials or whose salaries13 are fixed by law, may be granted an award not to exceed two thousand dollars14 ($2,000) in any given fiscal year based on an affirmative certification of15 meritorious service. Exceptions to the two-thousand-dollar ($2,000) limit16 provided in this section may be granted under extraordinary circumstances if17 approved in advance by the state board of examiners. Appointing authorities18 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 preceding20 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 to24 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 taxpayer26 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 amount28 of the award. Exceptions to the two-thousand-dollar ($2,000) limit provided29 in this subsection may be granted in extraordinary circumstances if approved30 in advance by the state board of examiners. The appointing authority shall31 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 of34 financial management and the legislative services office by October 1 on all35 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 the39 executive department, the legislative department, the judicial department,40 and the state board of education and the board of regents, shall comply with41 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, shall44 prescribe personnel policies for all officers and employees of the national45 guard that are not otherwise fixed by law. Such policies will include an46 employee grievance procedure with appeal to the adjutant general. The ad-47 jutant general shall determine schedules of salary and compensation that48 are, to the extent possible, comparable to the schedules used for federal49 civil service employees of the national guard and those employees serving50

3 in military status. Schedules adopted shall be compatible with the state's1 accounting system to the extent possible.2 (12) In addition to salary increases provided by any compensation3 schedule, nonclassified officers and employees, except those who are4 elected officials or whose salaries are fixed by law, may be granted award5 pay for recruitment or retention purposes. Retention bonuses require af-6 firmative certification of meritorious service after completion of at least7 six (6) months of service prior to issuance. Department directors and the8 administrator of the division of human resources are authorized to seek9 legal remedies available, including deductions from an employee's accrued10 vacation funds, from an employee who resigns during the designated period of11 time after receipt of a recruitment or retention bonus. Appointing author-12 ities shall submit a report to the division of financial management and the13 legislative services office by October 1 on all such awards granted in the14 preceding fiscal year.15 (13) In addition to salary increases provided by any compensation16 schedule, nonclassified officers and employees, except those who are17 elected officials or whose salaries are fixed by law, may be granted other18 pay as provided in this subsection. Appointing authorities shall submit a19 report to the division of financial management and the legislative services20 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 hourly23 rates depending on local market rates in order to attract and retain24 qualified staff;25 (b) Geographic differential pay in areas of the state where recruitment26 and retention are difficult due to economic conditions and cost of liv-27 ing; and28 (c) Wildland firefighter differential pay up to twenty-five percent29 (25%) of hourly rates for wildland firefighting personnel who hold30 current incident qualification cards while working on the fireline of31 a fire incident not deemed controlled or at a fire incident helibase32 servicing active flights. Such differential pay shall apply only to33 temporary returning seasonal firefighters and temporary first year34 seasonal firefighters. Such differential pay shall not apply to per-35 manent employees who have a firefighting role or hold current incident36 qualification cards.37 (14) When necessary to obtain or retain qualified personnel and when a38 distribution has been approved for classified employees pursuant to section39 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 of42 Idaho, may grant nonclassified employees nonmerit pay in the same proportion43 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 awards46 granted in the preceding fiscal year.47 (15) Each appointing authority shall, as nearly as practicable, utilize48 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 to1 the division of financial management and the legislative services office by2 October 1 on all moving reimbursements granted in the preceding fiscal year.3 (16) Specific pay codes shall be established and maintained in the state4 controller's office to ensure accurate reporting and monitoring of all pay5 actions authorized in this section.6

SECTION 2. That Section 67-5309D, Idaho Code, be, and the same is hereby7 amended to read as follows:8 67-5309D. OTHER PAY DELIVERY OPTIONS. (1) In addition to pay increases9 authorized in section 67-5309B, Idaho Code, the department director may10 grant a classified employee bonus pay not to exceed two thousand dollars11 ($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 subsection13 may be granted in extraordinary circumstances if approved in advance by the14 state board of examiners. Departments shall submit a report to the division15 of financial management and the legislative services office by October 1 on16 all bonuses granted in the preceding fiscal year.17 (2) In addition to pay increases authorized in section 67-5309B, Idaho18 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 the22 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 to24 twenty-five percent (25%) of the amount determined to be the dollar savings25 to the state, but not in excess of two thousand dollars ($2,000). Exceptions26 to the two-thousand-dollar ($2,000) limit provided in this subsection may be27 granted in extraordinary circumstances if approved in advance by the state28 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 all30 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, Idaho34 Code, the department director may grant award pay to a classified employee35 for recruitment or retention purposes. Retention bonuses require comple-36 tion of at least six (6) months of achieving performance standards prior to37 issuance. The department director and the administrator of the division of38 human resources are authorized to seek legal remedies available, including39 deductions from an employee's accrued vacation funds, from an employee who40 resigns during the designated period of time after receipt of a recruitment41 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 all43 such awards granted in the preceding fiscal year.44 (4) In addition to pay increases authorized in section 67-5309B, Idaho45 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 fiscal1 year, including:2 (a) Shift differential pay up to twenty-five percent (25%) of hourly3 rates depending on local market rates in order to attract and retain4 qualified staff;5 (b) Geographic differential pay in areas of the state where recruitment6 and retention of qualified staff are difficult due to economic condi-7 tions and cost of living; and8 (c) Wildland firefighter differential pay up to twenty-five percent9 (25%) of hourly rates for wildland firefighting personnel who hold10 current incident qualification cards while working on the fireline of11 a fire incident not deemed controlled or at a fire incident helibase12 servicing active flights. Such differential pay shall apply only to13 temporary returning seasonal firefighters and temporary first year14 seasonal firefighters. Such differential pay shall not apply to per-15 manent employees who have a firefighting role or hold current incident16 qualification cards.17 Employees in the same classification who are similarly situated shall be18 treated consistently in respect to shift differential and geographic pay19 differential.20 (5) When necessary to obtain or retain qualified personnel in a partic-21 ular classification, upon petition of the department to the administrator22 containing acceptable reasons therefor, a higher temporary pay grade may be23 authorized by the administrator that, if granted, shall be reviewed annually24 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 in28 no case may exceed five percent (5%) of an employee's base pay. Departments29 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 state33 controller's office to ensure accurate reporting and monitoring of all pay34 actions authorized in this section.35

SECTION 3. An emergency existing therefor, which emergency is hereby36 declared to exist, this act shall be in full force and effect on and after37 July 1, 2026.38