2002 Legislation
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SENATE BILL NO. 1285 – Appeals court employees, nonclassif


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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.
  1        (y)  All  quality  assurance  specialists  or medical investigators of the
  2    Idaho board of medicine.

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE

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