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H0129................................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - RETIREMENT - Amends existing law relating to
retirement qualifications to include prosecuting attorneys and deputy
prosecuting attorneys within the definition of police officer status for
purposes of retirement eligibility.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - FAILED - 12-56-2
AYES -- Block, Boe, Clark, Field(18), Hart, Harwood, Jaquet,
LeFavour, Pence, Ring, Sali, Wills
NAYS -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Bolz, Bradford, Cannon, Chadderdon,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(23), Garrett, Henbest, Henderson, Jones, Kemp, Lake,
Loertscher, Martinez, Mathews, McKague, Miller, Mitchell, Moyle,
Nonini, Pasley-Stuart, Raybould, Ringo, Roberts, Rusche, Rydalch,
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr.
Speaker
Absent and excused -- McGeachin, Nielsen
Floor Sponsor - Clark
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 129
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RETIREMENT QUALIFICATIONS; AMENDING SECTION 59-1303, IDAHO CODE,
3 TO INCLUDE PROSECUTING ATTORNEYS AND DEPUTY PROSECUTING ATTORNEYS WITHIN
4 THE DEFINITION OF POLICE OFFICER STATUS FOR PURPOSES OF RETIREMENT ELIGI-
5 BILITY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 59-1303, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
10 this chapter, each of the terms defined in this section shall have the meaning
11 given in this section unless a different meaning is clearly required by the
12 context.
13 (2) Police officer membership status for retirement purposes may be fixed
14 only by law, or by order of the retirement board.
15 (3) Members holding or filling the following positions or offices are
16 designated by law as police officer members for retirement purposes during the
17 time of their appointment to that position or during their term of office:
18 (a) (i) The director and deputy director of the Idaho state police.
19 (ii) Commissioned personnel of the Idaho state police holding posi-
20 tions which involve active law enforcement services, for which cur-
21 rent POST certification is required to continue in employment in the
22 position, POST instructors, and Idaho state police training instruc-
23 tors.
24 (iii) Brand inspectors and brand inspector supervisors.
25 (iv) Employees of the Idaho state police serving in positions of
26 personnel management, accounting, data processing, clerical services
27 and in like general classifications found in departments throughout
28 state government and not within the scope of active law enforcement
29 service are not eligible for police officer member status.
30 (b) (i) County sheriffs;
31 (ii) Deputy county sheriffs holding positions for which current POST
32 certification is necessary to continue in employment in the position,
33 the principal duties of which are active law enforcement service;
34 deputy county sheriffs holding positions which require accountability
35 for the safety and safekeeping of persons confined in a city or
36 county confinement facility or whose duties require active participa-
37 tion in county law enforcement activities pertaining to crime preven-
38 tion or reduction; deputy sheriffs, even though POST certified or
39 required to be POST certified, holding positions whose principal
40 full-time duties are those of a telephone operator, clerk, stenogra-
41 pher, animal control officer, records specialist, or duties not
42 within the scope of active law enforcement service are not eligible
43 for police officer member status.
2
1 (c) (i) City police chiefs;
2 (ii) City police officers holding positions for which current POST
3 certification is necessary to continue in employment in the position,
4 the principal duties of which are active law enforcement service;
5 city police officers holding positions which require accountability
6 for the safety and safekeeping of persons confined in a city or
7 county confinement facility or whose duties require active participa-
8 tion in city law enforcement activities pertaining to crime preven-
9 tion or reduction; police officers, even though POST certified or
10 required to be POST certified, holding positions whose principal
11 full-time duties are those of a telephone operator, clerk, stenogra-
12 pher, animal control officer, records specialist, or duties not
13 within the scope of active law enforcement service are not eligible
14 for police officer member status.
15 (d) Employees of the department of fish and game serving in a conserva-
16 tion officer position for which current POST certification is necessary to
17 continue in employment in that position and which position has as its pri-
18 mary accountability the enforcement of wildlife protection laws and regu-
19 lations.
20 (e) (i) The director of the department of correction, the deputy direc-
21 tor for probation and parole, and wardens of institutions;
22 (ii) Employees of the department of correction accountable for the
23 custody, safety, safekeeping or supervision of persons confined in a
24 department confinement facility and whose work station is located
25 within the confinement facility;
26 (iii) Probation and parole supervisors, probation and parole investi-
27 gators, and probation and parole officers;
28 (iv) Correctional peace officer training instructors;
29 (v) Employees of the department of correction serving in positions
30 of personnel management, accounting, data processing, clerical ser-
31 vices and in like general classifications found in departments
32 throughout state government and not within the scope of active law
33 enforcement service are not eligible for police officer member sta-
34 tus.
35 (f) Employees of the adjutant general and military division of the state
36 where military membership is a condition of employment.
37 (g) Magistrates of the district court; justices of the supreme court,
38 judges of the court of appeals, and district judges who have made an elec-
39 tion under section 1-2011, Idaho Code; and court employees designated by
40 court order to have primary responsibility for court security or transpor-
41 tation of prisoners.
42 (h) Paramedics and paramedic trainees.
43 (i) Criminal investigators of the attorney general's office, and criminal
44 investigators of a prosecuting attorney's office.
45 (j) The director of security and the criminal investigators of the Idaho
46 state lottery.
47 (k) The prosecuting attorney and each deputy prosecuting attorney of each
48 county.
49 (4) A member may be designated by the retirement board as a police offi-
50 cer member for retirement purposes if the position held is one in which the
51 principal duties involve hazardous law enforcement duties.
52 (a) For purposes of this section, "hazardous law enforcement duties"
53 means principal duties which:
54 (i) Will reasonably expect to increase the probability of early
55 superannuation;
3
1 (ii) Are associated with life-threatening risk or present a position
2 of peril either to the member or to others, or which can place the
3 public safety in jeopardy; and
4 (iii) Either compel others to observe the law, pertain to crime pre-
5 vention, or pertain to crime reduction, including police, courts,
6 prosecution, correction, or rehabilitation.
7 (b) If continued employment in a position is conditioned on maintaining
8 current POST certification, such condition shall be evidence to be consid-
9 ered that the employee is a police officer member for retirement purposes.
10 (i) After July 1, 1999, a requirement for POST certification for
11 classified state employees may be made only by the administrator of
12 the division of human resources pursuant to chapter 53, title 67,
13 Idaho Code.
14 (c) Occasional assignments to hazardous law enforcement duties do not
15 create a condition for designation as a police officer member for retire-
16 ment purposes.
17 (5) Any employer or agency that believes that any employee, not specifi-
18 cally designated as a police officer by law, is incorrectly classified as a
19 nonpolice officer member, may petition the retirement board for inclusion of
20 that employee's position as one to be filled by a police officer member for
21 retirement purposes. The petition shall be in writing and shall explain in
22 detail the principal duties of the position and include written evidence which
23 establishes that the criteria of subsection (4) are met. The board shall
24 review the petition and evidence, together with such information and evidence
25 as may be presented by the staff of the retirement system. The board may
26 decide the matter based upon the information supplied, may request additional
27 information, or may request an oral presentation before the board. The deci-
28 sion of the board shall be final, but a similar petition may be resubmitted
29 after six (6) months.
30 (6) On and after July 1, 1985, no active member shall be classified as a
31 police officer for retirement purposes unless the employer shall have certi-
32 fied to the board, on a form provided by the board, that such member is an
33 employee whose primary position with the employer is one designated as such
34 within the meaning of this chapter, and the board shall have accepted such
35 certification. Acceptance by the board of an employer's certification shall in
36 no way limit the board's right to review and reclassify the position for
37 retirement purposes based upon an audit or other relevant information pre-
38 sented to the board.
39 (7) An active member classified as a police officer for retirement pur-
40 poses whose position is reclassified to that of a general member for retire-
41 ment purposes as a result of a determination that the position does not meet
42 the requirements of this chapter for police officer status for retirement pur-
43 poses shall become a general member but shall not lose retirement benefits
44 earned and accrued prior to the reclassification. If that member continues to
45 be employed in that same position until retired, that member then will be
46 deemed to be a police officer member for the purposes of retirement eligibil-
47 ity.
STATEMENT OF PURPOSE
RS 14588
County Prosecutors lead and advise the state, county and city law
enforcement teams in our state jurisdictions but are not included
in the definition of law enforcement in the Public Employee
Retirement System of Idaho (PERSI) law. This change to IC 59-1303
(3) to include Prosecutors and Deputy Prosecutors in the
definition of law enforcement will place the Prosecutors and their
Deputies in the same classification for retirement as all other
law enforcement officials.
FISCAL NOTE
No fiscal impact to the General Fund.
Contact
Name: Representative Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 129