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S1046................................................by JUDICIARY AND RULES BRAND BOARD - EMPLOYEES - Amends existing law to limit the definition of nonclassified employees of the State Brand Board to the state brand inspector and the district supervisors; to provide certain authority to the state brand inspector in relation to the four district supervisors; and to provide that the Idaho classified personnel system shall govern the employment of certain employees of the State Brand Board. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 33-0-1(1 vacant) AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Deide Vacant -- Dist. #4 Floor Sponsor -- Lodge Title apvd - to House 02/09 House intro - 1st rdg - to St Aff 02/23 Rpt out - rec d/p - to 2nd rdg 02/26 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 60-4-6 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Crow, Loertscher, McKague, Pearce Absent and excused -- Gagner, Jones, Moyle, Pischner, Stone, Swan Floor Sponsor -- Hornbeck Title apvd - to Senate 02/28 To enrol 03/01 Rpt enrol - Pres signed 03/02 Sp signed 03/05 To Governor 03/08 Governor signed Session Law Chapter 38 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1046 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE CLASSIFICATION OF EMPLOYEES; AMENDING SECTION 67-5303, IDAHO 3 CODE, TO LIMIT THE DEFINITION OF NONCLASSIFIED EMPLOYEES OF THE STATE 4 BRAND BOARD TO THE STATE BRAND INSPECTOR AND ALL DISTRICT SUPERVISORS AND 5 TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 25-1104, IDAHO CODE, 6 TO PROVIDE CERTAIN AUTHORITY TO THE STATE BRAND INSPECTOR IN RELATION TO 7 THE FOUR DISTRICT SUPERVISORS, TO PROVIDE THAT THE IDAHO CLASSIFIED PER- 8 SONNEL SYSTEM SHALL GOVERN THE EMPLOYMENT OF CERTAIN EMPLOYEES AND TO COR- 9 RECT A CODIFIER ERROR. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 14 Idaho and all employees in such departments, except those employees specifi- 15 cally defined as nonclassified, shall be classified employees, who are subject 16 to this act and to the system of personnel administration which it prescribes. 17 Nonclassified employees shall be: 18 (a) Members of the state legislature and all other officers of the state 19 of Idaho elected by popular vote, and persons appointed to fill vacancies in 20 elective offices, and employees of the state legislature. 21 (b) Members of statutory boards and commissions and heads of departments 22 appointed by and serving at the pleasure of the governor, deputy directors 23 appointed by the director and members of advisory boards and councils 24 appointed by the departments. 25 (c) All employees and officers in the office, and at the residence, of 26 the governor; and all employees and officers in the offices of thelieutenant-27governorlieutenant governor, secretary of state, attorney general, state 28 treasurer, state controller, and state superintendent of public instruction 29 who are appointed on and after the effective date of this act. 30 (d) Except as otherwise provided by law, not more than one (1) declared 31 position for each board or commission and/or head of a participating depart- 32 ment in addition to those declared to be nonclassified by other provisions of 33 law. 34 (e) Part-time professional consultants who are paid on a fee basis for 35 any form of legal, medical or other professional service, and who are not 36 engaged in the performance of administrative duties for the state. 37 (f) Judges, temporary referees, receivers and jurors. 38 (g) All employees of the Idaho supreme court and district courts. 39 (h) All employees of the Idaho state bar. 40 (i) Assistant attorneys general attached to the office of the attorney 41 general. 42 (j) Officers, members of the teaching staffs of state educational insti- 43 tutions, the professional staff of the Idaho department of education adminis- 2 1 tered by the board of regents and the board of education, and the professional 2 staffs of the Idaho division of professional-technical education and voca- 3 tional rehabilitation administered by the state board for professional- 4 technical education. "Teaching staff" includes teachers, coaches, resident 5 directors, librarians and those principally engaged in academic research. The 6 word "officer" means presidents, vice presidents, deans, directors, or employ- 7 ees in positions designated by the state board who receive an annual salary of 8 not less than step "A" of the pay grade equivalent to three hundred fifty- 9 five (355) Hay points in the state compensation schedule. A nonclassified 10 employee who is designated as an "officer" on July 5, 1991, but does not meet 11 the requirements of this subsection, may make a one (1) time irrevocable elec- 12 tion to remain nonclassified. Such an election must be made not later than 13 August 2, 1991. When such positions become vacant, these positions will be 14 reviewed and designated as either classified or nonclassified in accordance 15 with this subsection. 16 (k) Employees of the military division. 17 (l) Patients, inmates or students employed in a state institution. 18 (m) Persons employed in positions established under federal grants, 19 which, by law, restrict employment eligibility to specific individuals or 20 groups on the basis of nonmerit selection requirements. Such employees shall 21 be termed "project exempt" and the tenure of their employment shall be limited 22 to the length of the project grant, or twenty-four (24) months, or four thou- 23 sand one hundred sixty (4,160) hours of credited state service, whichever is 24 of the shortest duration. No person hired on a project-exempt appointment 25 shall be employed in any position allocated to the classified service. 26 (n) Temporary employees. 27 (o) All employees and officers of the following named commodity commis- 28 sions, and all employees and officers of any commodity commission created 29 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 30 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 31 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 32 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30, 33 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 34 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 35 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 36 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 37 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 38 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 39 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 40 sioners, as provided in chapter 1, title 25, Idaho Code; the state brandboard41 inspector, and all district supervisors, as provided in chapter 11, title 25, 42 Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho 43 Code; and the Idaho dairy products commission, as provided in chapter 31, 44 title 25, Idaho Code. 45 (p) All inspectors of the fresh fruit and vegetable inspection service of 46 the Idaho department of agriculture, except those positions involved in the 47 management of the program. 48 (q) All employees of the division of correctional industries within the 49 department of correction. 50 (r) All wardens employed by the department of correction. 51 (s) All public information positions with the exception of secretarial 52 positions, in any department. 53 (t) Any division administrator. 54 (u) Any regional administrator or assistant administrator in the division 55 of environmental protection in the department of health and welfare. 3 1 (v) All employees of the division of financial management. 2 (w) All employees of the Idaho food quality assurance institute. 3 (x) The state appellate public defender, deputy state appellate public 4 defenders and all other employees of the office of the state appellate public 5 defender. 6 (y) All quality assurance specialists or medical investigators of the 7 Idaho board of medicine. 8 SECTION 2. That Section 25-1104, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-1104. OFFICERS, DEPUTIES AND ASSISTANTS. The state brand inspector, 11 with the approval of the state brand board, and within the limits of any 12 appropriation made available for such purposes, shall appoint, fix the compen- 13 sation, determine the tenure of office, and prescribe the duties and powers of 14suchfour (4) district supervisors. The employment of other officers, depu- 15 ties, and assistants as may be necessary for the performance of the duties of 16 his office, andshall be subject to the provisions of chapter 53, title 67, 17 Idaho Code. The state brand inspector shall station deputies and assistants in 18 such localities as he shall deem advisable for the performance of his duties, 19 and the sheriff and his deputies in the counties of the state may perform the 20 duties of ex officio brand inspectors under the guidelines set forth by the 21 state brand board and state law. When the sheriff or his deputies act in the 22 capacity of ex officio brand inspector as provided herein, they shall collect 23 all brand inspection fees and other fees as provided by law and remit the same 24 to the state brand inspector. Compensation for the sheriff and his deputies 25 when acting as ex officio brand inspectors may be fixed by contract between 26 the state brand board and the sheriff in accordance with section 31-3101, 27 Idaho Code.
STATEMENT OF PURPOSE RS 10764 The purpose of this proposed legislation is to clarify that certain brand board personnel (37 positions) are classified employees. This proposed legislation satisfies the Idaho Brand Board and the Idaho Livestock Industry s desire to have all Idaho Brand Board employees under the state merit system with the exception of Administrative personnel, i.e. State Brand Inspector and four (4) District Brand Supervisors. These employees were deemed classified employees until the personnel commission in 1997 determined that they were not. FISCAL IMPACT None. This proposed legislation will have no additional impact of general or dedicated funds. STATEMENT OF PURPOSE/ FISCAL NOTE S 1046 Contact: Larry Hayhurst, State Brand Inspector 884-7070