Print Friendly SENATE BILL NO. 1295 – Employees, correctn dept, not clsfd
SENATE BILL NO. 1295
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S1295................................................by JUDICIARY AND RULES
EMPLOYEES - CORRECTION DEPARTMENT - Amends existing law to provide that all
employees of Correctional Industries within the Department of Correction
shall be nonclassified employees within the state personnel system; to
provide that all deputy administrators and wardens of the Department of
Correction shall be nonclassified employees; and to provide definitions.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Jud
01/22 Rpt out - ref'd to Com/HuRes
02/01 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 30-1-4
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Davis, Deide, Dunklin, Geddes, Goedde, Hill,
Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch,
Sandy, Sims, Sorensen, Stegner, Stennett, Thorne(Thorne), Wheeler,
NAYS -- Schroeder
Absent and excused -- Darrington, Frasure, Hawkins, King-Barrutia
Floor Sponsor - Stegner
Title apvd - to House
02/08 House intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 65-3-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pomeroy, Raybould, Roberts, Robison, Sali, Sellman,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Young, Mr. Speaker
NAYS -- Ridinger, Schaefer, Wood
Absent and excused -- Bradford, Pischner
Floor Sponsor - Montgomery
Title apvd - to Senate
03/13 To enrol
Rpt enrol - Pres signed
03/14 Sp signed - to Governor
03/21 Governor signed
Session Law Chapter 192
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1295
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO NONCLASSIFIED EMPLOYEES; AMENDING SECTION 67-5303, IDAHO CODE, TO
3 PROVIDE THAT ALL EMPLOYEES OF CORRECTIONAL INDUSTRIES WITHIN THE DEPART-
4 MENT OF CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES, TO PROVIDE THAT ALL
5 DEPUTY ADMINISTRATORS AND WARDENS OF THE DEPARTMENT OF CORRECTION
6 EMPLOYED BY THE DEPARTMENT OF CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES
7 AND TO DEFINE DEPUTY ADMINISTRATORS; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of
12 Idaho and all employees in such departments, except those employees specifi-
13 cally defined as nonclassified, shall be classified employees, who are subject
14 to this chapter and to the system of personnel administration which it pre-
15 scribes. Nonclassified employees shall be:
16 (a) Members of the state legislature and all other officers of the state
17 of Idaho elected by popular vote, and persons appointed to fill vacancies in
18 elective offices, and employees of the state legislature.
19 (b) Members of statutory boards and commissions and heads of departments
20 appointed by and serving at the pleasure of the governor, deputy directors
21 appointed by the director and members of advisory boards and councils
22 appointed by the departments.
23 (c) All employees and officers in the office, and at the residence, of
24 the governor; and all employees and officers in the offices of the lieutenant
25 governor, secretary of state, attorney general, state treasurer, state con-
26 troller, and state superintendent of public instruction who are appointed on
27 and after the effective date of this chapter.
28 (d) Except as otherwise provided by law, not more than one (1) declared
29 position for each board or commission and/or head of a participating depart-
30 ment in addition to those declared to be nonclassified by other provisions of
32 (e) Part-time professional consultants who are paid on a fee basis for
33 any form of legal, medical or other professional service, and who are not
34 engaged in the performance of administrative duties for the state.
35 (f) Judges, temporary referees, receivers and jurors.
36 (g) All employees of the Idaho supreme court and district courts.
37 (h) All employees of the Idaho state bar.
38 (i) Assistant attorneys general attached to the office of the attorney
40 (j) Officers, members of the teaching staffs of state educational insti-
41 tutions, the professional staff of the Idaho department of education adminis-
42 tered by the board of regents and the board of education, and the professional
43 staffs of the Idaho division of professional-technical education and voca-
1 tional rehabilitation administered by the state board for professional-
2 technical education. "Teaching staff" includes teachers, coaches, resident
3 directors, librarians and those principally engaged in academic research. The
4 word "officer" means presidents, vice presidents, deans, directors, or
5 employees in positions designated by the state board who receive an annual
6 salary of not less than step "A" of the pay grade equivalent to three hundred
7 fifty-five (355) Hay points in the state compensation schedule. A nonclassi-
8 fied employee who is designated as an "officer" on July 5, 1991, but does not
9 meet the requirements of this subsection, may make a one (1) time irrevocable
10 election to remain nonclassified. Such an election must be made not later than
11 August 2, 1991. When such positions become vacant, these positions will be
12 reviewed and designated as either classified or nonclassified in accordance
13 with this subsection.
14 (k) Employees of the military division.
15 (l) Patients, inmates or students employed in a state institution.
16 (m) Persons employed in positions established under federal grants,
17 which, by law, restrict employment eligibility to specific individuals or
18 groups on the basis of nonmerit selection requirements. Such employees shall
19 be termed "project exempt" and the tenure of their employment shall be limited
20 to the length of the project grant, or twenty-four (24) months, or four thou-
21 sand one hundred sixty (4,160) hours of credited state service, whichever is
22 of the shortest duration. No person hired on a project-exempt appointment
23 shall be employed in any position allocated to the classified service.
24 (n) Temporary employees.
25 (o) All employees and officers of the following named commodity commis-
26 sions, and all employees and officers of any commodity commission created
27 hereafter: the Idaho potato commission, as provided in chapter 12, title 22,
28 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
29 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29,
30 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30,
31 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
32 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
33 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
34 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided
35 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
36 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as
37 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
38 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand
39 inspector, and all district supervisors, as provided in chapter 11, title 25,
40 Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho
41 Code; and the Idaho dairy products commission, as provided in chapter 31,
42 title 25, Idaho Code.
43 (p) All inspectors of the fresh fruit and vegetable inspection service of
44 the Idaho department of agriculture, except those positions involved in the
45 management of the program.
46 (q) All employees of the division of correctional industries within the
47 department of correction.
48 (r) All deputy administrators and wardens employed by the department of
49 correction. Deputy administrators are defined as only the six (6) deputy
50 administrators working directly for the two (2) nonclassified division admin-
51 istrators under the director of the department of correction.
52 (s) All public information positions with the exception of secretarial
53 positions, in any department.
54 (t) Any division administrator.
55 (u) Any regional administrator or division administrator in the depart-
1 ment of environmental quality.
2 (v) All employees of the division of financial management.
3 (w) All employees of the Idaho food quality assurance institute.
4 (x) The state appellate public defender, deputy state appellate public
5 defenders and all other employees of the office of the state appellate public
7 (y) All quality assurance specialists or medical investigators of the
8 Idaho board of medicine.
9 SECTION 2. An emergency existing therefor, which emergency is hereby
10 declared to exist, this act shall be in full force and effect on and after its
11 passage and approval.
STATEMENT OF PURPOSE
The Idaho Department of Correction is submitting this request for
legislation to modify Idaho Code 67-5303 to add Deputy Administrators
to the specified list of Department of Correction nonclassified
The current text in subparagraph 67-5303 ( r ) identifies only wardens
in the Dept. of Correction for nonclassified employment status. The
legislation will continue to include wardens, but also include deputy
The Director, Department of Correction, is reorganizing the Department
with the designed intent to flatten central office management
structure. This flattening of management accomplishes three very
important goals by: 1)decentralizing management out to field units,
2) reinforcing performance accountability by managers and supervisors,
especially senior leadership, and 3) reducing the number of senior
level positions, in turn saving personnel costs.
In addition to this subparagraph change, the Department also requests
legislation to change subparagraph 67-5303 ( q ) to remove the word
division from before Correctional Industries. Under the current
organizational structure, Correctional Industries is not a division, and its designation can
change from time to time, which points out that the word division in
statute is not relevant.
The Department of Correction appreciates your tavorable consideration
of this two-part legislative request to Idaho Code 67-5303. The
Director feels strongly that senior level administrators potentially
perform to their highest capability when they are subject to the
higher accountability that exists when they are nonclassified
employees of the State of Idaho.
This legislation requires no increase in personnel budget funding for
the Department of Correction. The nonclassified deputy administrators
will fall within the same salary structure that they currently do as
classified deputy administrators. As such, the change contains zero
cost impact to this legislation.
In fact, in the overall reorganization structure for the Department of
Correction, authorizing the six deputy administrators as nonclassified
positions will save both the State and the Department long term
personnel costs. The reason is based in the fact that Correction
reorganized down to two divisions, with an administrator over each
division. There are then six deputy administrators reporting to these
two administrators. The deputies are assigned to manage various
Departmental operations and support areas. This new organizational
structure reduced the total number of administrators from five to two,
in turn reducing the overall salary structure for senior leadership.
Since there is no increase in personnel costs resulting from this
legislation, there are also no additional operating expenses or
capital outlay costs connected with the proposed change. In summary,
there is zero (increased) fiscal impact to this legislation for
adding deputy administrators as nonclassified employees in the
Department of Correction.
Name: Jon M. Sowers
Idaho Department of Correction
1299 N. Orchard St.
Boise, ID 83706
Phone: (208) 658-2021
STATEMENT OF PURPOSE/FISCAL NOTE S 1295