1998 Legislation
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HOUSE BILL NO. 682 – Brand Bd, employees, classified

HOUSE BILL NO. 682

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H0682....................................................by HUMAN RESOURCES
BRAND BOARD - EMPLOYEES - Amends existing law to change the employment
status of certain employees of the State Brand Board from nonclassified to
classified status and to provide that, with certain exceptions, the hiring
of employees by the State Brand Inspector shall be subject to the
provisions of the Personnel Commission Law.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to HuRes
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Campbell, Chase, Clark, Crane, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley,
      Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
      Judd, Kellogg, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
      Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Wheeler,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black(23), Callister, Geddes, Gould, Kempton,
      Newcomb, Watson, Wood
    Floor Sponsor - Hadley
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Com/HuRes

Bill Text


H0682


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 682

                               BY HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO CLASSIFICATION OF EMPLOYEES; AMENDING SECTION 67-5303, IDAHO CODE,
 3        TO CHANGE THE EMPLOYMENT STATUS OF CERTAIN EMPLOYEES OF  THE  STATE  BRAND
 4        BOARD FROM NONCLASSIFIED TO CLASSIFIED STATUS AND TO MAKE A TECHNICAL COR-
 5        RECTION;  AND  AMENDING SECTION 25-1104, IDAHO CODE, TO PROVIDE THAT, WITH
 6        CERTAIN EXCEPTIONS, THE HIRING OF EMPLOYEES BY THE STATE  BRAND  INSPECTOR
 7        SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 53, TITLE 67, IDAHO CODE.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION  1.  That  Section 67-5303, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        67-5303.  APPLICATION TO STATE EMPLOYEES. All departments of the state  of
12    Idaho  and  all employees in such departments, except those employees specifi-
13    cally defined as nonclassified, shall be classified employees, who are subject
14    to this act and to the system of personnel administration which it prescribes.
15    Nonclassified employees shall be:
16        (a)  Members of the state legislature and all other officers of the  state
17    of  Idaho  elected by popular vote, and persons appointed to fill vacancies in
18    elective offices, and employees of the state legislature.
19        (b)  Members of statutory boards and commissions and heads of  departments
20    appointed  by  and  serving  at the pleasure of the governor, deputy directors
21    appointed by  the  director  and  members  of  advisory  boards  and  councils
22    appointed by the departments.
23        (c)  All  employees  and  officers in the office, and at the residence, of
24    the governor; and all employees and officers  in  the  offices  of  the  
25    lieutenant-governor      lieutenant  governor  , secretary of
26    state, attorney general, state treasurer, state controller, and state superin-
27    tendent of public instruction who are appointed on  and  after  the  effective
28    date of this act.
29        (d)  Except  as  otherwise provided by law, not more than one (1) declared
30    position for each board or commission and/or head of a  participating  depart-
31    ment  in addition to those declared to be nonclassified by other provisions of
32    law.
33        (e)  Part-time professional consultants who are paid on a  fee  basis  for
34    any  form  of  legal,  medical  or other professional service, and who are not
35    engaged in the performance of administrative duties for the state.
36        (f)  Judges, temporary referees, receivers and jurors.
37        (g)  All employees of the Idaho supreme court and district courts.
38        (h)  All employees of the Idaho state bar.
39        (i)  Assistant attorneys general attached to the office  of  the  attorney
40    general.
41        (j)  Officers,  members of the teaching staffs of state educational insti-
42    tutions, the professional staff of the Idaho department of education  adminis-
43    tered by the board of regents and the board of education, and the professional


                                          2

 1    staffs of the Idaho department of vocational education and vocational rehabil-
 2    itation  administered  by  the state board for vocational education. "Teaching
 3    staff" includes teachers, coaches, resident directors,  librarians  and  those
 4    principally engaged in academic research. The word "officer" means presidents,
 5    vice presidents, deans, directors, or employees in positions designated by the
 6    state  board who receive an annual salary of not less than step "A" of the pay
 7    grade equivalent to three hundred fifty-five (355) Hay  points  in  the  state
 8    compensation  schedule.  A  nonclassified  employee  who  is designated  as an
 9    "officer" on July 5, 1991, but does not meet the requirements of this  subsec-
10    tion,  may  make  a one (1) time irrevocable election to remain nonclassified.
11    Such an election must be made not later than August 2, 1991. When  such  posi-
12    tions become vacant, these positions will be reviewed and designated as either
13    classified or nonclassified in accordance with this subsection.
14        (k)  Employees  of  the  military  division  not assigned to the bureau of
15    disaster services.
16        (l)  Patients, inmates or students employed in a state institution.
17        (m)  Persons employed  in  positions  established  under  federal  grants,
18    which,  by  law,  restrict  employment  eligibility to specific individuals or
19    groups on the basis of nonmerit selection requirements. Such  employees  shall
20    be termed "project exempt" and the tenure of their employment shall be limited
21    to  the length of the project grant, or twenty-four (24) months, or four thou-
22    sand one hundred sixty (4,160) hours of credited state service,  whichever  is
23    of  the  shortest  duration.  No  person hired on a project-exempt appointment
24    shall be employed in any position allocated to the classified service.
25        (n)  Temporary employees.
26        (o)  All employees and officers of the following named  commodity  commis-
27    sions,  and  all  employees  and  officers of any commodity commission created
28    hereafter: the Idaho potato commission, as provided in chapter 12,  title  22,
29    Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
30    title  22,  Idaho  Code; the Idaho bean commission, as provided in chapter 29,
31    title 22, Idaho Code; the Idaho prune commission, as provided in  chapter  30,
32    title  22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
33    ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
34    ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
35    in chapter 35, title 22, Idaho Code; the Idaho apple commission,  as  provided
36    in  chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
37    in chapter 37, title 22, Idaho Code; the Idaho mint  grower's  commission,  as
38    provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
39    sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 
40    board   inspector, and all district supervisors , as provided
41    in  chapter  11,  title 25, Idaho Code; the Idaho beef council, as provided in
42    chapter 29, title 25, Idaho Code; and the Idaho dairy products commission,  as
43    provided in chapter 31, title 25, Idaho Code.
44        (p)  All inspectors of the fresh fruit and vegetable inspection service of
45    the  Idaho  department  of agriculture, except those positions involved in the
46    management of the program.
47        (q)  All employees of the division of correctional industries  within  the
48    department of correction.
49        (r)  All wardens employed by the department of correction.
50        (s)  All  public  information  positions with the exception of secretarial
51    positions, in any department.
52        (t)  Any division administrator.
53        (u)  Any regional administrator or assistant administrator in the division
54    of environmental protection in the department of health and welfare.
55        (v)  All employees of the division of financial management.


                                          3

 1        (w)  All employees of the Idaho food quality assurance institute.

 2        SECTION 2.  That Section 25-1104, Idaho Code, be, and the same  is  hereby
 3    amended to read as follows:

 4        25-1104.  OFFICERS,  DEPUTIES  AND  ASSISTANTS. The state brand inspector,
 5    with the approval of the state brand board,  and  within  the  limits  of  any
 6    appropriation made available for such purposes, shall appoint, fix the compen-
 7    sation, determine the tenure of office, and prescribe the duties and powers of
 8      such      four (4) district supervisors. The hiring of other
 9     officers, deputies, and assistants as may be necessary for the  perfor-
10    mance  of the duties of his office , and   shall be subject to
11    the provisions of chapter 53, title 67, Idaho Code. The state brand  inspector
12      shall  station  deputies and assistants in such localities as he shall
13    deem advisable for the performance of his duties, and the sheriff and his dep-
14    uties in the counties of the state may perform the duties of ex officio  brand
15    inspectors  under  the guidelines set forth by the state brand board and state
16    law. When the sheriff or his deputies act in the capacity of ex officio  brand
17    inspector as provided herein, they shall collect all brand inspection fees and
18    other fees as provided by law and remit the same to the state brand inspector.
19    Compensation  for the sheriff and his deputies when acting as ex officio brand
20    inspectors may be fixed by contract between the  state  brand  board  and  the
21    sheriff in accordance with section 31-3101, Idaho Code.

Statement of Purpose / Fiscal Impact


    





                         STATEMENT OF PURPOSE
    
                                RS07907
    
    Non-administrative employees of the state brand board have, 
    at the request of the brand board, been treated as if they were 
    classified employees for a number of years. This legislation is 
    proposed to bring the statutes into conformity with long-standing 
    practice.
    
                              FISCAL NOTE
      This proposed legislation will have no impact on general or
                           dedicated funds.
    
    CONTACT: Richard Hutchison
             Idaho Personnel Commission
             334-3345
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 682