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 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	11
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

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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-	11
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

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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	11
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

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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	11
($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

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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	11
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

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