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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
H0682|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 the25lieutenant-governorlieutenant 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 brand40boardinspector, 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 8suchfour (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, andshall 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
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