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S1285................................................by JUDICIARY AND RULES
APPEALS COURT - EMPLOYEES - Amends existing law to provide that employees
of the Idaho Court of Appeals are nonclassified employees.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/29 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne(Thorne), Wheeler, Williams
NAYS -- None
Absent and excused -- Brandt, Cameron, Sims
Floor Sponsor - Lodge
Title apvd - to House
01/30 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 64-2-4
AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Young
NAYS -- McKague, Wood
Absent and excused -- Bedke, Crow, Denney, Mr. Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/21 Governor signed
Session Law Chapter 188
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1285
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO STATE EMPLOYEES; AMENDING SECTION 67-5303, IDAHO CODE, TO PROVIDE
3 THAT EMPLOYEES OF THE IDAHO COURT OF APPEALS ARE NONCLASSIFIED EMPLOYEES.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of
8 Idaho and all employees in such departments, except those employees specifi-
9 cally defined as nonclassified, shall be classified employees, who are subject
10 to this chapter and to the system of personnel administration which it pre-
11 scribes. Nonclassified employees shall be:
12 (a) Members of the state legislature and all other officers of the state
13 of Idaho elected by popular vote, and persons appointed to fill vacancies in
14 elective offices, and employees of the state legislature.
15 (b) Members of statutory boards and commissions and heads of departments
16 appointed by and serving at the pleasure of the governor, deputy directors
17 appointed by the director and members of advisory boards and councils
18 appointed by the departments.
19 (c) All employees and officers in the office, and at the residence, of
20 the governor; and all employees and officers in the offices of the lieutenant
21 governor, secretary of state, attorney general, state treasurer, state con-
22 troller, and state superintendent of public instruction who are appointed on
23 and after the effective date of this chapter.
24 (d) Except as otherwise provided by law, not more than one (1) declared
25 position for each board or commission and/or head of a participating depart-
26 ment in addition to those declared to be nonclassified by other provisions of
27 law.
28 (e) Part-time professional consultants who are paid on a fee basis for
29 any form of legal, medical or other professional service, and who are not
30 engaged in the performance of administrative duties for the state.
31 (f) Judges, temporary referees, receivers and jurors.
32 (g) All employees of the Idaho supreme court, Idaho court of appeals and
33 district courts.
34 (h) All employees of the Idaho state bar.
35 (i) Assistant attorneys general attached to the office of the attorney
36 general.
37 (j) Officers, members of the teaching staffs of state educational insti-
38 tutions, the professional staff of the Idaho department of education adminis-
39 tered by the board of regents and the board of education, and the professional
40 staffs of the Idaho division of professional-technical education and voca-
41 tional rehabilitation administered by the state board for professional-
42 technical education. "Teaching staff" includes teachers, coaches, resident
43 directors, librarians and those principally engaged in academic research. The
2
1 word "officer" means presidents, vice presidents, deans, directors, or employ-
2 ees in positions designated by the state board who receive an annual salary of
3 not less than step "A" of the pay grade equivalent to three hundred fifty-five
4 (355) Hay points in the state compensation schedule. A nonclassified employee
5 who is designated as an "officer" on July 5, 1991, but does not meet the
6 requirements of this subsection, may make a one (1) time irrevocable election
7 to remain nonclassified. Such an election must be made not later than August
8 2, 1991. When such positions become vacant, these positions will be reviewed
9 and designated as either classified or nonclassified in accordance with this
10 subsection.
11 (k) Employees of the military division.
12 (l) Patients, inmates or students employed in a state institution.
13 (m) Persons employed in positions established under federal grants,
14 which, by law, restrict employment eligibility to specific individuals or
15 groups on the basis of nonmerit selection requirements. Such employees shall
16 be termed "project exempt" and the tenure of their employment shall be limited
17 to the length of the project grant, or twenty-four (24) months, or four thou-
18 sand one hundred sixty (4,160) hours of credited state service, whichever is
19 of the shortest duration. No person hired on a project-exempt appointment
20 shall be employed in any position allocated to the classified service.
21 (n) Temporary employees.
22 (o) All employees and officers of the following named commodity commis-
23 sions, and all employees and officers of any commodity commission created
24 hereafter: the Idaho potato commission, as provided in chapter 12, title 22,
25 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
26 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29,
27 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30,
28 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
29 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
30 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
31 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided
32 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
33 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as
34 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
35 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand
36 inspector, and all district supervisors, as provided in chapter 11, title 25,
37 Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho
38 Code; and the Idaho dairy products commission, as provided in chapter 31,
39 title 25, Idaho Code.
40 (p) All inspectors of the fresh fruit and vegetable inspection service of
41 the Idaho department of agriculture, except those positions involved in the
42 management of the program.
43 (q) All employees of the division of correctional industries within the
44 department of correction.
45 (r) All wardens employed by the department of correction.
46 (s) All public information positions with the exception of secretarial
47 positions, in any department.
48 (t) Any division administrator.
49 (u) Any regional administrator or division administrator in the depart-
50 ment of environmental quality.
51 (v) All employees of the division of financial management.
52 (w) All employees of the Idaho food quality assurance institute.
53 (x) The state appellate public defender, deputy state appellate public
54 defenders and all other employees of the office of the state appellate public
55 defender.
3
1 (y) All quality assurance specialists or medical investigators of the
2 Idaho board of medicine.
STATEMENT OF PURPOSE
RS11521
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution. This bill amends section
67-5303(g), Idaho Code, of the Personnel System Act, which
provides that all employees of the Idaho Supreme Court and
District Courts are nonclassified employees, to add employees
of the Idaho Court of Appeals.Section 67-5303, Idaho Code,
provides that state employees of all state departments are
classified employees, except those specifically defined as
nonclassified employees. Section 67-5303(g), Idaho Code,
specifically defines employees of the Idaho Supreme Court and
District Courts as nonclassified employees, but fails to mention
employees of the Idaho Court of Appeals, which is also a part
of the state judicial system governed by Article V of the State
Constitution. This bill adds the Idaho Court of Appeals to the
list of courts identified in Section 67- 5303(g), Idaho Code, so
that it is clear that employees of all of the courts in the state
judicial system are nonclassified employees.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person: Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1285