Print Friendly HOUSE BILL NO. 478 – Prosecuting attys, retirement
HOUSE BILL NO. 478
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H0478................................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to provide that latent
fingerprint examiners employed by the Department of Law Enforcement, county
prosecuting attorneys, deputy prosecuting attorneys, public defenders and
assistant public defenders shall have police officer status for purposes of
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 478
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1303,
3 IDAHO CODE, TO PROVIDE THAT LATENT FINGERPRINT EXAMINERS EMPLOYED BY THE
4 DEPARTMENT OF LAW ENFORCEMENT, COUNTY PROSECUTING ATTORNEYS, DEPUTY PROSE-
5 CUTING ATTORNEYS, PUBLIC DEFENDERS AND ASSISTANT PUBLIC DEFENDERS SHALL
6 HAVE POLICE OFFICER STATUS FOR PURPOSES OF RETIREMENT CALCULATION AND TO
7 MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 59-1303, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
12 this chapter, each of the terms defined in this section shall have the meaning
13 given in this section unless a different meaning is clearly required by the
15 (2) Police officer membership status for retirement purposes may be fixed
16 only by law, or by order of the retirement board.
17 (3) Members holding or filling the following positions or offices are
18 designated by law as police officer members for retirement purposes during the
19 time of their appointment to that position or during their term of office:
20 (a) (i) The director and deputy director of the department of law
21 enforcement, the administrator of the Idaho state police division and
22 the assistant director of the police services division.
23 (ii) Commissioned personnel of the state police division, police
24 services division and alcohol beverage control division holding posi-
25 tions which involve active law enforcement services, for which cur-
26 rent POST certification is required to continue in employment in the
27 position, POST instructors, and department of law enforcement train-
28 ing instructors.
29 (iii) Brand inspectors and brand inspector supervisors.
30 (iv) Latent fingerprint examiners employed by the department
31 of law enforcement.
32 ( i v) Employees of the department of law enforcement
33 serving in positions of personnel management, accounting, data proc-
34 essing, clerical services and in like general classifications found
35 in departments throughout state government and not within the scope
36 of active law enforcement service are not eligible for police officer
37 member status.
38 (b) (i) County sheriffs;
39 (ii) Deputy county sheriffs holding positions for which current POST
40 certification is necessary to continue in employment in the position,
41 the principal duties of which are active law enforcement service;
42 deputy county sheriffs holding positions which require accountability
43 for the safety and safekeeping of persons confined in a city or
1 county confinement facility or whose duties require active participa-
2 tion in county law enforcement activities pertaining to crime preven-
3 tion or reduction; deputy sheriffs, even though POST certified or
4 required to be POST certified, holding positions whose principal
5 full - time duties are those of a telephone operator,
6 clerk, stenographer, animal control officer, records specialist, or
7 duties not within the scope of active law enforcement service are not
8 eligible for police officer member status.
9 (c) (i) City police chiefs;
10 (ii) City police officers holding positions for which current POST
11 certification is necessary to continue in employment in the position,
12 the principal duties of which are active law enforcement service;
13 city police officers holding positions which require accountability
14 for the safety and safekeeping of persons confined in a city or
15 county confinement facility or whose duties require active participa-
16 tion in city law enforcement activities pertaining to crime preven-
17 tion or reduction; police officers, even though POST certified or
18 required to be POST certified, holding positions whose principal
19 full - time duties are those of a telephone operator,
20 clerk, stenographer, animal control officer, records specialist, or
21 duties not within the scope of active law enforcement service are not
22 eligible for police officer member status.
23 (d) Employees of the department of fish and game serving in a conserva-
24 tion officer position for which current POST certification is necessary to
25 continue in employment in that position and which position has as its pri-
26 mary accountability the enforcement of wildlife protection laws and regu-
28 (e) (i) The director of the department of correction, the deputy direc-
29 tor for probation and parole, and wardens of institutions;
30 (ii) Employees of the department of correction accountable for the
31 custody, safety, safekeeping or supervision of persons confined in a
32 department confinement facility and whose work station is located
33 within the confinement facility;
34 (iii) Probation and parole supervisors, probation and parole investi-
35 gators, and probation and parole officers;
36 (iv) Correctional peace officer training instructors;
37 (v) Employees of the department of correction serving in positions
38 of personnel management, accounting, data processing, clerical ser-
39 vices and in like general classifications found in departments
40 throughout state government and not within the scope of active law
41 enforcement service are not eligible for police officer member sta-
43 (f) Employees of the adjutant general and military division of the state
44 where military membership is a condition of employment.
45 (g) Magistrates of the district court, and court employees designated by
46 court order to have primary responsibility for court security or transpor-
47 tation of prisoners.
48 (h) Paramedics and paramedic trainees.
49 (i) Criminal investigators of the attorney general's office, and criminal
50 investigators of a prosecuting attorney's office.
51 (j) The director of security and the criminal investigators of the Idaho
52 state lottery.
53 (k) Prosecuting attorneys and deputy prosecuting attorneys.
54 (l) Public defenders and assistant public defenders.
55 (4) A member may be designated by the retirement board as a police offi-
1 cer member for retirement purposes if the position held is one in which the
2 principal duties involve hazardous law enforcement duties.
3 (a) For purposes of this section, "hazardous law enforcement duties" mean
4 principal duties which:
5 (i) Will reasonably expect to increase the probability of early
7 (ii) Is associated with life-threatening risk or presents a position
8 of peril either to the member or to others, or which can place the
9 public safety in jeopardy; and
10 (iii) Either compels others to observe the law, pertains to crime
11 prevention, or pertains to crime reduction, including police,
12 courts, prosecution, correction, or rehabilitation.
13 (b) If continued employment in a position is conditioned on maintaining
14 current POST certification, such condition shall be evidence to be consid-
15 ered that the employee is a police officer member for retirement purposes.
16 (i) After July 1, 1985, a requirement for POST certification for
17 classified state employees may be made only by the personnel commis-
19 (c) Occasional assignments to hazardous law enforcement duties does
20 do not create a condition for designation as a police
21 officer member for retirement purposes.
22 (5) Any employer or agency that believes that any employee, not specifi-
23 cally designated as a police officer by law, is incorrectly classified as a
24 nonpolice officer member, may petition the retirement board for inclusion of
25 that employee's position as one to be filled by a police officer member for
26 retirement purposes. The petition shall be in writing and shall explain in
27 detail the principal duties of the position and include written evidence which
28 establishes that the criteria of subsection (4) are met. The board shall
29 review the petition and evidence, together with such information and evidence
30 as may be presented by the staff of the retirement system. The board may
31 decide the matter based upon the information supplied, may request additional
32 information, or may request an oral presentation before the board. The deci-
33 sion of the board shall be final, but a similar petition may be resubmitted
34 after six (6) months.
35 (6) On and after July 1, 1985, no active member shall be classified as a
36 police officer for retirement purposes unless the employer shall have certi-
37 fied to the board, on a form provided by the board, that such member is an
38 employee whose primary position with the employer is one designated as such
39 within the meaning of this chapter, and the board shall have accepted such
40 certification. Acceptance by the board of an employer's certification shall in
41 no way limit the board's right to review and reclassify the position for
42 retirement purposes based upon an audit or other relevant information pre-
43 sented to the board.
44 (7) An active member classified as a police officer for retirement pur-
45 poses whose position is reclassified to that of a general member for retire-
46 ment purposes as a result of a determination that the position does not meet
47 the requirements of this chapter for police officer status for retirement pur-
48 poses shall become a general member but shall not lose retirement benefits
49 earned and accrued prior to the reclassification. If that member continues to
50 be employed in that same position until retired, that member then will be
51 deemed to be a police officer member for the purposes of retirement eligibil-
STATEMENT OF PURPOSE
This legislation is recommended by the Legislative Council Interim Committee on the Criminal
Justice Process. The legislation would give police officer membership status for retirement purposes
(the rule of 80) to additional categories of personnel.
The first category added is fingerprint examiners employed by the Department of Law
Enforcement. The Department of Law Enforcement has great difficulty in recruiting qualified fingerprint
examiners. Persons qualified for employment as fingerprint examiners come from the ranks of police
departments. However, because fingerprint examiners do not have police officer status, former police
officers are reluctant to accept employment in that capacity because they will lose their police officer
status and the rule of 80. This legislation will give fingerprint examiners employed by the Department
police officer membership status for retirement purposes. There are currently three fingerprint
examiners employed by the department.
This legislation also gives prosecuting attorneys and deputy prosecuting attorneys as well as
public defenders and assistant public defenders police officer membership status for retirement
purposes. Currently, all active participants in law enforcement are included within the rule of 80, except
prosecutors and public defenders. Police officers, magistrates, court security staff, probation and parole
officers, pre-sentence investigators and correctional employees are designated police officer members
of PERSI for retirement purposes. The rationale for including those employments within the rule of 80
applies equally to prosecutors and public defenders. This legislation would correct that inequity. The
legislation would also provide an incentive to prosecutors and public defenders to continue in public
service throughout their careers. The citizens of this state will be better served by seeking to retain
experienced prosecutors and public defenders.
The fiscal impact of this legislation to the counties would be negligible for each county
prosecutor and public defender. The employer costs will increase by .24% or (twenty-four
one-hundredths of a percent) for each employee. This computes to approximately $100 per employee
each year. County governments would be responsible for county employees, and the Department of
Law Enforcement would be responsible for the three latent fingerprint examiners. The rate that each
employee is responsible for would increase 1.56%, or approximately $600 each year.
CONTACT: Susan Mather
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 4 7 8