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H0037........................................................by MR. SPEAKER
Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - Amends existing law to provide that the supervisor
of enforcement and education of the Outfitters and Guides Licensing Board
qualifies as a police officer member of the Public Employee Retirement
System for retirement purposes.
01/08 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/11 Rpt out - to Com/HuRes
02/02 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/07 3rd rdg - FAILED - 14-52-4
AYES -- Boe, Field(13), Field(20), Jaquet, Jones, Marley, Meyer,
Pischner, Pomeroy, Ridinger, Robison, Schaefer, Sellman, Trail
NAYS -- Barraclough, Barrett, Bedke, Bell, Black, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Deal, Denney,
Ellis, Ellsworth, Eskridge, Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, McKague, Montgomery, Mortensen, Moss, Moyle,
Pearce, Raybould, Roberts, Sali, Shepherd, Smith, Smylie, Stevenson,
Stone, Swan, Tilman, Wheeler, Wood
Absent and excused -- Bieter, Crow, Cuddy, Mr. Speaker
Floor Sponsor -- Ridinger
Filed w/ Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 37 BY MR. SPEAKER Requested by: Outfitters and Guides Licensing Board 1 AN ACT 2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1303, 3 IDAHO CODE, TO PROVIDE THAT THE SUPERVISOR OF ENFORCEMENT AND EDUCATION OF 4 THE OUTFITTERS AND GUIDES LICENSING BOARD QUALIFIES AS A POLICE OFFICER 5 MEMBER FOR RETIREMENT PURPOSES AND TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 59-1303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in 10 this chapter, each of the terms defined in this section shall have the meaning 11 given in this section unless a different meaning is clearly required by the 12 context. 13 (2) Police officer membership status for retirement purposes may be fixed 14 only by law, or by order of the retirement board. 15 (3) Members holding or filling the following positions or offices are 16 designated by law as police officer members for retirement purposes during the 17 time of their appointment to that position or during their term of office: 18 (a) (i) The director and deputy director of the Idaho state police. 19 (ii) Commissioned personnel of the Idaho state police holding posi- 20 tions which involve active law enforcement services, for which cur- 21 rent POST certification is required to continue in employment in the 22 position, POST instructors, and Idaho state police training instruc- 23 tors. 24 (iii) Brand inspectors and brand inspector supervisors. 25 (iv) Employees of the Idaho state police serving in positions of 26 personnel management, accounting, data processing, clerical services 27 and in like general classifications found in departments throughout 28 state government and not within the scope of active law enforcement 29 service are not eligible for police officer member status. 30 (b) (i) County sheriffs; 31 (ii) Deputy county sheriffs holding positions for which current POST 32 certification is necessary to continue in employment in the position, 33 the principal duties of which are active law enforcement service; 34 deputy county sheriffs holding positions which require accountability 35 for the safety and safekeeping of persons confined in a city or 36 county confinement facility or whose duties require active participa- 37 tion in county law enforcement activities pertaining to crime preven- 38 tion or reduction; deputy sheriffs, even though POST certified or 39 required to be POST certified, holding positions whose principal 40 full-time duties are those of a telephone operator, clerk, stenogra- 41 pher, animal control officer, records specialist, or duties not 42 within the scope of active law enforcement service are not eligible 43 for police officer member status. 2 1 (c) (i) City police chiefs; 2 (ii) City police officers holding positions for which current POST 3 certification is necessary to continue in employment in the position, 4 the principal duties of which are active law enforcement service; 5 city police officers holding positions which require accountability 6 for the safety and safekeeping of persons confined in a city or 7 county confinement facility or whose duties require active participa- 8 tion in city law enforcement activities pertaining to crime preven- 9 tion or reduction; police officers, even though POST certified or 10 required to be POST certified, holding positions whose principal 11 full-time duties are those of a telephone operator, clerk, stenogra- 12 pher, animal control officer, records specialist, or duties not 13 within the scope of active law enforcement service are not eligible 14 for police officer member status. 15 (d) Employees of the department of fish and game serving in a conserva- 16 tion officer position for which current POST certification is necessary to 17 continue in employment in that position and which position has as its pri- 18 mary accountability the enforcement of wildlife protection laws and regu- 19 lations. 20 (e) (i) The director of the department of correction, the deputy direc- 21 tor for probation and parole, and wardens of institutions; 22 (ii) Employees of the department of correction accountable for the 23 custody, safety, safekeeping or supervision of persons confined in a 24 department confinement facility and whose work station is located 25 within the confinement facility; 26 (iii) Probation and parole supervisors, probation and parole investi- 27 gators, and probation and parole officers; 28 (iv) Correctional peace officer training instructors; 29 (v) Employees of the department of correction serving in positions 30 of personnel management, accounting, data processing, clerical ser- 31 vices and in like general classifications found in departments 32 throughout state government and not within the scope of active law 33 enforcement service are not eligible for police officer member sta- 34 tus. 35 (f) Employees of the adjutant general and military division of the state 36 where military membership is a condition of employment. 37 (g) Magistrates of the district court; justices of the supreme court, 38 judges of the court of appeals, and district judges who have made an elec- 39 tion under section 1-2011, Idaho Code; and court employees designated by 40 court order to have primary responsibility for court security or transpor- 41 tation of prisoners. 42 (h) Paramedics and paramedic trainees. 43 (i) Criminal investigators of the attorney general's office, and criminal 44 investigators of a prosecuting attorney's office. 45 (j) The director of security and the criminal investigators of the Idaho 46 state lottery. 47 (k) The supervisor of enforcement and education of the outfitters and 48 guides licensing board. 49 (4) A member may be designated by the retirement board as a police offi- 50 cer member for retirement purposes if the position held is one in which the 51 principal duties involve hazardous law enforcement duties. 52 (a) For purposes of this section, "hazardous law enforcement duties" 53 means principal duties which: 54 (i) Will reasonably expect to increase the probability of early 55 superannuation; 3 1 (ii) Are associated with life-threatening risk or present a position 2 of peril either to the member or to others, or which can place the 3 public safety in jeopardy; and 4 (iii) Either compel others to observe the law, pertain to crime pre- 5 vention, or pertain to crime reduction, including police, courts, 6 prosecution, correction, or rehabilitation. 7 (b) If continued employment in a position is conditioned on maintaining 8 current POST certification, such condition shall be evidence to be consid- 9 ered that the employee is a police officer member for retirement pur- 10 poses. 11 (i) After July 1, 1999, a requirement for POST certification for 12 classified state employees may be made only by the administrator of 13 the division of human resources pursuant to chapter 53, title 67, 14 Idaho Code. 15 (c) Occasional assignments to hazardous law enforcement duties do not 16 create a condition for designation as a police officer member for retire- 17 ment purposes. 18 (5) Any employer or agency that believes that any employee, not specifi- 19 cally designated as a police officer by law, is incorrectly classified as a 20 nonpolice officer member, may petition the retirement board for inclusion of 21 that employee's position as one to be filled by a police officer member for 22 retirement purposes. The petition shall be in writing and shall explain in 23 detail the principal duties of the position and include written evidence which 24 establishes that the criteria of subsection (4) of this section are met. The 25 board shall review the petition and evidence, together with such information 26 and evidence as may be presented by the staff of the retirement system. The 27 board may decide the matter based upon the information supplied, may request 28 additional information, or may request an oral presentation before the board. 29 The decision of the board shall be final, but a similar petition may be 30 resubmitted after six (6) months. 31 (6) On and after July 1, 1985, no active member shall be classified as a 32 police officer for retirement purposes unless the employer shall have certi- 33 fied to the board, on a form provided by the board, that such member is an 34 employee whose primary position with the employer is one designated as such 35 within the meaning of this chapter, and the board shall have accepted such 36 certification. Acceptance by the board of an employer's certification shall in 37 no way limit the board's right to review and reclassify the position for 38 retirement purposes based upon an audit or other relevant information pre- 39 sented to the board. 40 (7) An active member classified as a police officer for retirement pur- 41 poses whose position is reclassified to that of a general member for retire- 42 ment purposes as a result of a determination that the position does not meet 43 the requirements of this chapter for police officer status for retirement pur- 44 poses shall become a general member but shall not lose retirement benefits 45 earned and accrued prior to the reclassification. If that member continues to 46 be employed in that same position until retired, that member then will be 47 deemed to be a police officer member for the purposes of retirement eligibil- 48 ity.
STATEMENT OF PURPOSE
RS 10510
The purpose of this legislation is to amend Section 59-1303(3) to
provide that the supervisor of enforcement and education of the
Board qualifies for police officer membership status for retirement
purposes under the Public Employee Retirement System of Idaho. The
PERSI Board has approved and endorsed this change and requested
that it be made by statute.
FISCAL NOTE
There is no fiscal impact to the General Fund. There is a very
slight fiscal impact from this legislation to the Board for the
increased contribution rate for a police officer member employee of
$62.48 per year. All of the Board's funds are dedicated and come
from license fees.
Contact person:
Name: Dean Sangrey, Executive Director
Agency: Outfitters and Guides Licensing Board
Phone: (208) 327-7380
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H37