2002 Legislation
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SENATE BILL NO. 1295 – Employees, correctn dept, not clsfd


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Daily Data Tracking History

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
         Effective: 03/21/02

Bill Text

  ||||              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
  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
 31    law.
 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
 39    general.
 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
  6    defender.
  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 / Fiscal Impact

                 STATEMENT OF PURPOSE
                      RS 11569C1
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.

                        FISCAL IMPACT
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