2001 Legislation
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HOUSE BILL NO. 37 – Outfitter/Guide enforcmnt supervisr

HOUSE BILL NO. 37

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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

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                       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