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H0514.........................................by TRANSPORTATION AND DEFENSE
MILITARY DIVISION - EMPLOYEES - Amends existing law to provide that all
employees of the Military Division of state government shall be considered
nonclassified employees.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to HuRes
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 67-1-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Bivens, Mader
Floor Sponsor - Bieter
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Risch,
Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Bunderson, Hansen, Ingram, Riggs
Floor Sponsor - King
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 221
Effective: 07/01/98
H0514|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 514 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO THE APPLICATION OF THE PERSONNEL SYSTEM TO STATE EMPLOYEES; AMEND- 3 ING SECTION 67-5303, IDAHO CODE, TO PROVIDE THAT ALL EMPLOYEES OF THE MIL- 4 ITARY DIVISION OF STATE GOVERNMENT SHALL BE NONCLASSIFIED EMPLOYEES AND TO 5 MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 10 Idaho and all employees in such departments, except those employees specifi- 11 cally defined as nonclassified, shall be classified employees, who are subject 12 to this act and to the system of personnel administration which it prescribes. 13 Nonclassified employees shall be: 14 (a) Members of the state legislature and all other officers of the state 15 of Idaho elected by popular vote, and persons appointed to fill vacancies in 16 elective offices, and employees of the state legislature. 17 (b) Members of statutory boards and commissions and heads of departments 18 appointed by and serving at the pleasure of the governor, deputy directors 19 appointed by the director and members of advisory boards and councils 20 appointed by the departments. 21 (c) All employees and officers in the office, and at the residence, of 22 the governor; and all employees and officers in the offices of the23lieutenant-governorlieutenant governor , secretary of 24 state, attorney general, state treasurer, state controller, and state superin- 25 tendent of public instruction who are appointed on and after the effective 26 date of this act. 27 (d) Except as otherwise provided by law, not more than one (1) declared 28 position for each board or commission and/or head of a participating depart- 29 ment in addition to those declared to be nonclassified by other provisions of 30 law. 31 (e) Part-time professional consultants who are paid on a fee basis for 32 any form of legal, medical or other professional service, and who are not 33 engaged in the performance of administrative duties for the state. 34 (f) Judges, temporary referees, receivers and jurors. 35 (g) All employees of the Idaho supreme court and district courts. 36 (h) All employees of the Idaho state bar. 37 (i) Assistant attorneys general attached to the office of the attorney 38 general. 39 (j) Officers, members of the teaching staffs of state educational insti- 40 tutions, the professional staff of the Idaho department of education adminis- 41 tered by the board of regents and the board of education, and the professional 42 staffs of the Idaho department of vocational education and vocational rehabil- 43 itation administered by the state board for vocational education. "Teaching 2 1 staff" includes teachers, coaches, resident directors, librarians and those 2 principally engaged in academic research. The word "officer" means presidents, 3 vice presidents, deans, directors, or employees in positions designated by the 4 state board who receive an annual salary of not less than step "A" of the pay 5 grade equivalent to three hundred fifty-five (355) Hay points in the state 6 compensation schedule. A nonclassified employee who is designated as an 7 "officer" on July 5, 1991, but does not meet the requirements of this subsec- 8 tion, may make a one (1) time irrevocable election to remain nonclassified. 9 Such an election must be made not later than August 2, 1991. When such posi- 10 tions become vacant, these positions will be reviewed and designated as either 11 classified or nonclassified in accordance with this subsection. 12 (k) Employees of the military division .not assigned13to the bureau of disaster services.14 (l) Patients, inmates or students employed in a state institution. 15 (m) Persons employed in positions established under federal grants, 16 which, by law, restrict employment eligibility to specific individuals or 17 groups on the basis of nonmerit selection requirements. Such employees shall 18 be termed "project exempt" and the tenure of their employment shall be limited 19 to the length of the project grant, or twenty-four (24) months, or four thou- 20 sand one hundred sixty (4,160) hours of credited state service, whichever is 21 of the shortest duration. No person hired on a project-exempt appointment 22 shall be employed in any position allocated to the classified service. 23 (n) Temporary employees. 24 (o) All employees and officers of the following named commodity commis- 25 sions, and all employees and officers of any commodity commission created 26 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 27 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 28 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 29 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30, 30 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 31 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 32 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 33 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 34 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 35 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 36 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 37 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 38 board, as provided in chapter 11, title 25, Idaho Code; the Idaho beef coun- 39 cil, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy 40 products commission, as provided in chapter 31, title 25, Idaho Code. 41 (p) All inspectors of the fresh fruit and vegetable inspection service of 42 the Idaho department of agriculture, except those positions involved in the 43 management of the program. 44 (q) All employees of the division of correctional industries within the 45 department of correction. 46 (r) All wardens employed by the department of correction. 47 (s) All public information positions with the exception of secretarial 48 positions, in any department. 49 (t) Any division administrator. 50 (u) Any regional administrator or assistant administrator in the division 51 of environmental protection in the department of health and welfare. 52 (v) All employees of the division of financial management. 53 (w) All employees of the Idaho food quality assurance institute.
STATEMENT OF PURPOSE
RS07366
Amends Idaho Code Section 67-5303 to extend the current nonclassified status of all other
employees of the Military Division of the Office of the Governor to those also employed in
the Bureau of Disaster Services. Currently they are the only employees of the Military
Division who are classified employees of the state. This change will allow the Military
Division to administer a single personnel system for ail of its employees; rather than
continue with two separate personnel systems and their implementing regulations.
FISCAL IMPACT
None.
CONTACT
Name: Lt. Col. Blair D. Jaynes
Agency: Military Division
Phone: 422-5474
Statement of Purpose/Fiscal Impact
H 514