2001 Legislation
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SENATE BILL NO. 1046 – Brand bd employees, classified

SENATE BILL NO. 1046

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S1046................................................by JUDICIARY AND RULES
BRAND BOARD - EMPLOYEES - Amends existing law to limit the definition of
nonclassified employees of the State Brand Board to the state brand
inspector and the district supervisors; to provide certain authority to the
state brand inspector in relation to the four district supervisors; and to
provide that the Idaho classified personnel system shall govern the
employment of certain employees of the State Brand Board.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 33-0-1(1 vacant)
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Deide
      Vacant -- Dist. #4
    Floor Sponsor -- Lodge
    Title apvd - to House
02/09    House intro - 1st rdg - to St Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 60-4-6
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Kellogg, Kendell, Kunz, Lake, Langford, Mader, Marley, Meyer,
      Montgomery, Mortensen, Moss, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Crow, Loertscher, McKague, Pearce
      Absent and excused -- Gagner, Jones, Moyle, Pischner, Stone, Swan
    Floor Sponsor -- Hornbeck
    Title apvd - to Senate
02/28    To enrol
03/01    Rpt enrol - Pres signed
03/02    Sp signed
03/05    To Governor
03/08    Governor signed
         Session Law Chapter 38
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1046
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CLASSIFICATION OF EMPLOYEES; AMENDING SECTION  67-5303,  IDAHO
  3        CODE,  TO  LIMIT  THE  DEFINITION  OF NONCLASSIFIED EMPLOYEES OF THE STATE
  4        BRAND BOARD TO THE STATE BRAND INSPECTOR AND ALL DISTRICT SUPERVISORS  AND
  5        TO  MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 25-1104, IDAHO CODE,
  6        TO PROVIDE CERTAIN AUTHORITY TO THE STATE BRAND INSPECTOR IN  RELATION  TO
  7        THE  FOUR  DISTRICT SUPERVISORS, TO PROVIDE THAT THE IDAHO CLASSIFIED PER-
  8        SONNEL SYSTEM SHALL GOVERN THE EMPLOYMENT OF CERTAIN EMPLOYEES AND TO COR-
  9        RECT A CODIFIER ERROR.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 67-5303, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        67-5303.  APPLICATION  TO STATE EMPLOYEES. All departments of the state of
 14    Idaho and all employees in such departments, except those  employees  specifi-
 15    cally defined as nonclassified, shall be classified employees, who are subject
 16    to this act and to the system of personnel administration which it prescribes.
 17    Nonclassified employees shall be:
 18        (a)  Members  of the state legislature and all other officers of the state
 19    of Idaho elected by popular vote, and persons appointed to fill  vacancies  in
 20    elective offices, and employees of the state legislature.
 21        (b)  Members  of statutory boards and commissions and heads of departments
 22    appointed by and serving at the pleasure of  the  governor,  deputy  directors
 23    appointed  by  the  director  and  members  of  advisory  boards  and councils
 24    appointed by the departments.
 25        (c)  All employees and officers in the office, and at  the  residence,  of
 26    the governor; and all employees and officers in the offices of the lieutenant-
 27    governor  lieutenant  governor,  secretary  of  state, attorney general, state
 28    treasurer, state controller, and state superintendent  of  public  instruction
 29    who are appointed on and after the effective date of this act.
 30        (d)  Except  as  otherwise provided by law, not more than one (1) declared
 31    position for each board or commission and/or head of a  participating  depart-
 32    ment  in addition to those declared to be nonclassified by other provisions of
 33    law.
 34        (e)  Part-time professional consultants who are paid on a  fee  basis  for
 35    any  form  of  legal,  medical  or other professional service, and who are not
 36    engaged in the performance of administrative duties for the state.
 37        (f)  Judges, temporary referees, receivers and jurors.
 38        (g)  All employees of the Idaho supreme court and district courts.
 39        (h)  All employees of the Idaho state bar.
 40        (i)  Assistant attorneys general attached to the office  of  the  attorney
 41    general.
 42        (j)  Officers,  members of the teaching staffs of state educational insti-
 43    tutions, the professional staff of the Idaho department of education  adminis-
                                                                        
                                           2
                                                                        
  1    tered by the board of regents and the board of education, and the professional
  2    staffs  of  the  Idaho  division of professional-technical education and voca-
  3    tional rehabilitation  administered  by  the  state  board  for  professional-
  4    technical  education.  "Teaching  staff"  includes teachers, coaches, resident
  5    directors, librarians and those principally engaged in academic research.  The
  6    word "officer" means presidents, vice presidents, deans, directors, or employ-
  7    ees in positions designated by the state board who receive an annual salary of
  8    not  less  than  step "A" of the pay grade equivalent to three hundred  fifty-
  9    five (355) Hay points in the  state  compensation  schedule.  A  nonclassified
 10    employee  who is designated as an "officer" on July 5, 1991, but does not meet
 11    the requirements of this subsection, may make a one (1) time irrevocable elec-
 12    tion to remain nonclassified. Such an election must be  made  not  later  than
 13    August  2,  1991.  When  such positions become vacant, these positions will be
 14    reviewed and designated as either classified or  nonclassified  in  accordance
 15    with this subsection.
 16        (k)  Employees of the military division.
 17        (l)  Patients, inmates or students employed in a state institution.
 18        (m)  Persons  employed  in  positions  established  under  federal grants,
 19    which, by law, restrict employment  eligibility  to  specific  individuals  or
 20    groups  on  the basis of nonmerit selection requirements. Such employees shall
 21    be termed "project exempt" and the tenure of their employment shall be limited
 22    to the length of the project grant, or twenty-four (24) months, or four  thou-
 23    sand  one  hundred sixty (4,160) hours of credited state service, whichever is
 24    of the shortest duration. No person  hired  on  a  project-exempt  appointment
 25    shall be employed in any position allocated to the classified service.
 26        (n)  Temporary employees.
 27        (o)  All  employees  and officers of the following named commodity commis-
 28    sions, and all employees and officers  of  any  commodity  commission  created
 29    hereafter:  the  Idaho potato commission, as provided in chapter 12, title 22,
 30    Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
 31    title 22, Idaho Code; the Idaho bean commission, as provided  in  chapter  29,
 32    title  22,  Idaho Code; the Idaho prune commission, as provided in chapter 30,
 33    title 22, Idaho Code; the Idaho hop grower's commission, as provided in  chap-
 34    ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
 35    ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
 36    in  chapter  35, title 22, Idaho Code; the Idaho apple commission, as provided
 37    in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as  provided
 38    in  chapter  37,  title 22, Idaho Code; the Idaho mint grower's commission, as
 39    provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
 40    sioners, as provided in chapter 1, title 25, Idaho Code; the state brand board
 41    inspector, and all district supervisors, as provided in chapter 11, title  25,
 42    Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho
 43    Code;  and  the  Idaho  dairy  products commission, as provided in chapter 31,
 44    title 25, Idaho Code.
 45        (p)  All inspectors of the fresh fruit and vegetable inspection service of
 46    the Idaho department of agriculture, except those positions  involved  in  the
 47    management of the program.
 48        (q)  All  employees  of the division of correctional industries within the
 49    department of correction.
 50        (r)  All wardens employed by the department of correction.
 51        (s)  All public information positions with the  exception  of  secretarial
 52    positions, in any department.
 53        (t)  Any division administrator.
 54        (u)  Any regional administrator or assistant administrator in the division
 55    of environmental protection in the department of health and welfare.
                                                                        
                                           3
                                                                        
  1        (v)  All employees of the division of financial management.
  2        (w)  All employees of the Idaho food quality assurance institute.
  3        (x)  The  state  appellate  public defender, deputy state appellate public
  4    defenders and all other employees of the office of the state appellate  public
  5    defender.
  6        (y)  All  quality  assurance  specialists  or medical investigators of the
  7    Idaho board of medicine.
                                                                        
  8        SECTION 2.  That Section 25-1104, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        25-1104.  OFFICERS,  DEPUTIES  AND  ASSISTANTS. The state brand inspector,
 11    with the approval of the state brand board,  and  within  the  limits  of  any
 12    appropriation made available for such purposes, shall appoint, fix the compen-
 13    sation, determine the tenure of office, and prescribe the duties and powers of
 14    such  four  (4)  district supervisors. The employment of other officers, depu-
 15    ties, and assistants as may be necessary for the performance of the duties  of
 16    his  office,  and  shall be subject to the provisions of chapter 53, title 67,
 17    Idaho Code. The state brand inspector shall station deputies and assistants in
 18    such localities as he shall deem advisable for the performance of his  duties,
 19    and  the sheriff and his deputies in the counties of the state may perform the
 20    duties of ex officio brand inspectors under the guidelines set  forth  by  the
 21    state  brand  board and state law. When the sheriff or his deputies act in the
 22    capacity of ex officio brand inspector as provided herein, they shall  collect
 23    all brand inspection fees and other fees as provided by law and remit the same
 24    to  the  state  brand inspector. Compensation for the sheriff and his deputies
 25    when acting as ex officio brand inspectors may be fixed  by  contract  between
 26    the  state  brand  board  and  the sheriff in accordance with section 31-3101,
 27    Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 10764
                               
The purpose of this proposed legislation is to clarify that
certain brand board personnel (37 positions) are classified
employees. This proposed legislation satisfies the Idaho Brand
Board and the Idaho Livestock Industry s desire to have all
Idaho Brand Board employees under the state merit system with
the exception of Administrative personnel, i.e. State Brand
Inspector and four (4) District Brand Supervisors. These
employees were deemed classified employees until the personnel
commission in 1997 determined that they were not.










                         FISCAL IMPACT
                               
                               
None. This proposed legislation will have no additional impact
of general or dedicated funds.



STATEMENT OF PURPOSE/ FISCAL NOTE        S 1046




          Contact: Larry Hayhurst, State Brand Inspector

          884-7070