Amending existing law to remove obsolete language relating to since passed dates and transfer of benefits to the new public defender system.

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 ACT1 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 AN6 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 intent9 of the Legislature to ensure that the state laws provided in Idaho Code are10 streamlined, up-to-date, and essential for the citizens of Idaho, while best11 serving the public health, safety, and welfare. In accordance with the Idaho12 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Cleanup Act, following comprehensive review, the Legislature has iden-13 tified the provisions of this act as obsolete, outdated, or unnecessary.14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 hereby15 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 shall18 accrue vacation leave and take vacation leave at the same rate and under the19 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 and22 charts to compute vacation time on daily, weekly, bi-weekly, calendar23 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 supreme26 court.27 Leave policies established by the supreme court must be communicated to28 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 leave31 policies for all officers and employees of the state board of education who32 are not subject to the provisions of chapter 53, title 67, Idaho Code. To the33 extent possible, the state board of education shall adopt policies which are34 compatible with the state's accounting system.35 Any policy and procedures determined by the state board of education36 must be communicated to the state controller in writing at least one hundred37 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 previously40 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 January1 1, 2025:2 (a) Credited state service, for the purposes of section 67-5334, Idaho3 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; and6 (b) At the discretion of the officer or employee, up to forty (40) hours7 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 as9 vacation time. The officer or employee's prior employing county shall10 bequest and deposit funds corresponding to the secured and credited11 vacation hours in the state public defense fund established by section12 57-827, Idaho Code.13

SECTION 3. That Section 59-1607, Idaho Code, be, and the same is hereby14 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 officers17 and employees of the executive branch of state government shall be treated18 substantially similar with reference to hours of employment, holidays and19 vacation leave, except as provided in this chapter. For wage, hour and20 working conditions, the supreme court and the legislative council shall21 prescribe rules for employees of the judicial branch and the legislative22 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 be24 the same for classified and nonclassified employees, in those activities and25 duties where such extension is necessary and authorized by the appointing26 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 fall32 within one (1) or more of the following categories are ineligible for cash33 compensation or compensatory time for overtime work:34 (a) Elected officials; or35 (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 included38 in the definition of subsection (3) of this section, shall be ineligible for39 compensatory time or cash compensation for overtime work. Such salaried40 employees shall report absences in excess of one-half (1/2) day. Employees41 who become executives within their current agency as set forth in section42 67-5302(12), Idaho Code, shall have twelve (12) months from the date of43 this act or of appointment, whichever is later, to use any compensatory time44 balance. After twelve (12) months, any remaining compensatory time will be45 forfeited. Compensatory time is not transferable and shall be forfeited at46 the time of transfer to another appointing authority or upon separation from47 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 fair2 labor standards act, or who are designated as exempt under any other complete3 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 for5 overtime work unless cash payment is authorized by the state board of exam-6 iners for overtime accumulated during unusual or emergency situations, but7 such classified and nonclassified officers and employees shall be allowed8 compensatory time off from duty for overtime work. Such compensatory time9 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 appointing11 authority or upon separation from state service. Compensatory time may be12 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 hundred15 forty (240) hours will not continue to accrue until the balance is below the16 maximum.17 (6) Classified and nonclassified officers and employees who are not18 designated as executive, administrative or professional as provided in this19 section, and who are not included in the definition of subsection (3) of20 this section or who are not designated as exempt under any other complete21 exemption in federal law, shall be eligible for cash compensation or com-22 pensatory time off from duty for overtime work, subject to the restrictions23 of applicable federal law. Compensatory time off may be provided in lieu24 of cash compensation at the discretion of the appointing authority after25 consultation, in advance, with the employee. Compensatory time off shall26 be paid at the rate of one and one-half (1 1/2) hours for each overtime hour27 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) fiscal29 year shall be paid in cash on the first payroll following the close of such30 succeeding one-half (1/2) fiscal year. Compensatory time not taken at the31 time of transfer to another appointing authority or upon separation from32 state service shall be liquidated at the time of such transfer or separation33 by payment in cash.34 (7) Notwithstanding the provisions of this section, employees may be35 paid for overtime work during a disaster or emergency with the approval of36 the board of examiners.37

SECTION 4. That Section 67-5315, Idaho Code, be, and the same is hereby38 amended to read as follows:39 67-5315. ESTABLISHMENT AND ADOPTION OF EMPLOYEE PROBLEM SOLVING AND40 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 be43 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) of45 this section. The department problem solving procedure shall be approved by46 the administrator of the division of human resources prior to implementation47 or amendment. A copy of the approved problem solving procedure plan shall48 be furnished and explained to each employee of the department concerned. No49

4 employee shall be disciplined or otherwise prejudiced in his employment for1 exercising his rights under the plan, and department heads shall encourage2 the use of the plan in the resolution of grievances arising in the course of3 public employment. A classified employee may file under the problem solving4 procedure any matter, except that compensation shall not be deemed a proper5 subject for consideration under the problem solving procedure except as it6 applies to alleged inequities within a particular agency or department, and7 except for termination during the entrance probationary period, and except8 for those matters set forth in subsection (2) of this section.9 (2) No action of a participating department relating to a disciplinary10 dismissal, suspension or demotion, or an involuntary transfer of a classi-11 fied state employee shall be effective until the affected employee shall12 have received notice and an opportunity to be heard. The classified employee13 may then appeal to the Idaho personnel commission those disciplinary matters14 set forth in section 67-5316(1)(a), Idaho Code.15 (3) If the filing concerns a matter which is reviewable pursuant to16 section 67-5316, Idaho Code, the time for appeal to the commission shall not17 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, in19 the case of disciplinary actions set forth in subsection (2) of this section,20 until the disciplinary action becomes effective; provided, however, the21 failure of an employee to pursue the problem solving procedures established22 within the department shall constitute a waiver of the employee's right of23 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 participating26 departments with classified employees. With respect to the problem solv-27 ing procedure, the rule shall provide a complete procedure for all stages of28 the process, including problem solving meetings with department represen-29 tatives in the employee's chain of command. With respect to the due process30 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 disciplinary32 action. The rule shall also provide for time periods for each step of the33 procedures. The rule shall provide for the use of an impartial mediator upon34 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 step36 of the procedures, except the initial informal discussion with the immediate37 supervisor prior to filing under the problem solving procedure.38

SECTION 5. That Section 67-5328, Idaho Code, be, and the same is hereby39 amended to read as follows:40 67-5328. HOURS OF WORK AND OVERTIME. (1) It is hereby declared to be41 the policy of the legislature of the state of Idaho that all state employees42 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 the44 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 for47 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 and3 employees, subject to the restrictions of applicable federal law.4 (3) Cash for overtime and compensatory time shall be paid based on the5 following criteria:6 (a) Classified and nonclassified officers and employees who fall7 within one (1) or more of the following categories are ineligible for8 cash compensation or compensatory time for overtime work:9 (i) Elected officials; or10 (ii) Those included in the definition of section 67-5303(j),11 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 not14 included in the definition of paragraph (a) of this subsection, shall15 be ineligible for compensatory time or cash compensation for over-16 time work. Such salaried employees shall report absences in excess17 of one-half (1/2) day. Employees who become executives within their18 current agency as set forth in section 67-5302(12), Idaho Code, shall19 have twelve (12) months from the date of this act or of appointment,20 whichever is later, to use any compensatory time balance. After twelve21 (12) months, any remaining compensatory time will be forfeited. Com-22 pensatory time is not transferable and shall be forfeited at the time of23 transfer to another appointing authority or upon separation from state24 service.25 (c) Classified and nonclassified employees who are designated as ad-26 ministrative or professional, as provided in the federal fair labor27 standards act, 29 U.S.C. 201 et seq., or who are designated as exempt28 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 cash31 payment is authorized by the state board of examiners for overtime ac-32 cumulated during unusual or emergency situations, but such classified33 and nonclassified employees shall be allowed compensatory time off34 from duty for overtime work. Such compensatory time shall be earned and35 allowed on hour-for-hour basis, shall not be transferable, and shall36 be forfeited at the time of transfer to another appointing authority37 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 June40 15, 2008), compensatory Compensatory time balances in excess of two41 hundred forty (240) hours will not continue to accrue until the balance42 is below the maximum.43 (d) Classified and nonclassified employees who are not designated as44 executive, administrative or professional as provided in this section45 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 complete47 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 provided50

6 in lieu of cash compensation at the discretion of the appointing author-1 ity after consultation, in advance, with the employee. Compensatory2 time off shall be paid at the rate of one and one-half (1 1/2) hours for3 each overtime hour worked. Compensatory time off that has been earned4 during any one-half (1/2) fiscal year but not taken by the end of the5 succeeding one-half (1/2) fiscal year shall be paid in cash on the first6 payroll following the close of such succeeding one-half (1/2) fiscal7 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 be11 paid for overtime work during a disaster or emergency with the approval12 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 or15 wage, except for those employees whose positions fall within the definitions16 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 provided18 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 pay21 period next following the pay period in which the overtime work occurred and22 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 and27 provide the report to the division of human resources.28

SECTION 6. An emergency existing therefor, which emergency is hereby29 declared to exist, this act shall be in full force and effect on and after30 July 1, 2026.31