§201-85  Exemptions.  The department isauthorized to hire employees necessary to staff its out-of-state officessubject to chapter 76 and legislative appropriations.  The department may alsoappoint such other employees exempt from chapter 76 as may be necessary toadminister the affairs of its out-of-state offices.  The initial appointmentshall not exceed three years, during which time the department shall submit tothe legislature a request for approval prior to continuation of the position.The department shall set the duties, responsibilities, salaries, holidays,vacations, leaves, hours of work, and working conditions for these employees. Subject to the approval of the director of budget and finance, the departmentmay be exempted from the following state laws only to the extent necessary forthe conduct of its business in operating out-of-state offices:

(1)  Sections 36-27 and 36-30, relating to specialfund transfers and reimbursements to the general fund;

(2)  Chapter 36, relating to management of statefunds;

(3)  Chapter 38, relating to deposits of public funds;

(4)  Chapter 40, relating to audit and accounting,except that the department shall comply with section 40-81;

(5)  Chapter 76, relating to civil service;

(6)  Chapter 77, relating to compensation;

(7)  Section 78-1, relating to public employment,except when expressly hiring personnel subject to section 78-1; and

(8)  Section 171-30, relating to acquisition of realproperty.

All moneys necessary for the establishment andoperation of out-of-state offices shall be allocated by the legislature throughappropriations out of the state general fund.  The department shall include inits budgetary request for each upcoming fiscal period, the amounts necessary toeffectuate the purposes of this section. [L 1988, c 366, §2; am L 1993, c 280,§21; am L Sp 1993, c 8, §54; am L 2000, c 253, §150; am L 2004, c 216, §22]

 

Note

 

  Chapter 77 referred to in text is repealed.