1998 Legislation
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HOUSE BILL NO. 514 – Military employees, nonclassified


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 514


 1                                        AN ACT

 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 the 
23    lieutenant-governor    lieutenant  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


 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  assigned
13    to 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 / Fiscal Impact

    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
    Name: Lt. Col. Blair D. Jaynes
    Agency: Military Division
    Phone: 422-5474
    Statement of Purpose/Fiscal Impact
    H 514