Print Friendly 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
|||| 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
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
42 (j) Officers, members of the teaching staffs of state educational insti-
43 tutions, the professional staff of the Idaho department of education adminis-
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.
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
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
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.
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