2005 Legislation
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SENATE BILL NO. 1007 – PERSI, police officer membership

SENATE BILL NO. 1007

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Bill Status



S1007.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the
Public Employee Retirement System to revise the definitions applicable to
police officer membership status for purposes of retirement.
                                                                        
01/14    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Com/HuRes
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 33-1-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Davis, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Langhorst
      Absent and excused -- Darrington
    Floor Sponsor - Coiner
    Title apvd - to House
02/09    House intro - 1st rdg - to Com/HuRes
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Wood
      Absent and excused -- Bayer, Bedke, Nielsen
    Floor Sponsor - Ringo
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/14    Sp signed
03/15    To Governor
03/21    Governor signed
         Session Law Chapter 91
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1007
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1303,
  3        IDAHO CODE, TO REVISE THE DEFINITIONS APPLICABLE TO POLICE OFFICER MEMBER-
  4        SHIP STATUS FOR PURPOSES OF RETIREMENT.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 59-1303, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        59-1303.  ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
  9    this chapter, each of the terms defined in this section shall have the meaning
 10    given in this section unless a different meaning is clearly  required  by  the
 11    context.
 12        (2)  Police officer membership status for retirement purposes may be fixed
 13    only by law, or by order of the retirement board.
 14        (3)  Members  holding  or  filling  the following positions or offices are
 15    designated by law as police officer members for retirement purposes during the
 16    time of their appointment to that position or during their term of office:
 17        (a)  (i)   The director and deputy director of the Idaho state police.
 18             (ii)  Commissioned personnel of the Idaho state police holding  posi-
 19             tions  which  involve active law enforcement services, for which cur-
 20             rent POST certification is required to continue in employment in  the
 21             position,  POST  instructors  training  coordinators, and Idaho state
 22             police training instructors coordinators.
 23             (iii) Brand inspectors and brand inspector supervisors.
 24             (iv)  Employees of the Idaho state police  serving  in  positions  of
 25             personnel  management, accounting, data processing, clerical services
 26             and in like general classifications found in  departments  throughout
 27             state  government  and not within the scope of active law enforcement
 28             service are not eligible for police officer member status.
 29        (b)  (i)   County sheriffs;
 30             (ii)  Deputy county sheriffs holding positions for which current POST
 31             certification is necessary to continue in employment in the position,
 32             and  the  principal  duties  of  which  are  active  law  enforcement
 33             service,; deputy county  sheriffs  holding  positions  which  require
 34             accountability  for the safety and safekeeping of persons confined in
 35             a city or county confinement facility, or whose duties require active
 36             participation in county  law  enforcement  activities  pertaining  to
 37             crime  prevention  or  reduction.; dDeputy sheriffs, even though POST
 38             certified or required to be POST certified, holding  positions  whose
 39             principal  full-time  duties  are  those  of  a  telephone  operator,
 40             dispatcher, clerk, stenographer, animal control officer, records spe-
 41             cialist,  or  duties  not  within the scope of active law enforcement
 42             service are not eligible for police officer member status.
 43        (c)  (i)   City police chiefs;
                                                                        
                                           2
                                                                        
  1             (ii)  City police officers holding positions for which  current  POST
  2             certification is necessary to continue in employment in the position,
  3             and the principal duties of which are active law enforcement service;
  4             city  police  officers holding positions which require accountability
  5             for the safety and safekeeping of  persons  confined  in  a  city  or
  6             county confinement facility or whose duties require active participa-
  7             tion   in city law enforcement activities pertaining to crime preven-
  8             tion or reduction.; pPolice officers, even though POST  certified  or
  9             required  to  be  POST  certified,  holding positions whose principal
 10             full-time duties are  those  of  a  telephone  operator,  dispatcher,
 11             clerk,  stenographer,  animal control officer, records specialist, or
 12             duties not within the scope of active law enforcement service are not
 13             eligible for police officer member status.
 14        (d)  Employees of the department of fish and game serving in  a  conserva-
 15        tion officer position for which current POST certification is necessary to
 16        continue in employment in that position and which position has as its pri-
 17        mary  accountability the enforcement of wildlife protection laws and regu-
 18        lations.
 19        (e)  (i)   The director of the department of correction, the deputy direc-
 20             tor for probation and parole, and wardens of institutions;
 21             (ii)  Employees of the department of correction accountable  for  the
 22             custody,  safety, safekeeping or supervision of persons confined in a
 23             department confinement facility and whose  work  station  is  located
 24             within the confinement facility;
 25             (iii) Probation and parole supervisors, probation and parole investi-
 26             gators, and probation and parole officers;
 27             (iv)  Correctional peace officer training instructors;
 28             (v)   Employees  of the department of correction serving in positions
 29             of personnel management, accounting, data processing,  clerical  ser-
 30             vices  and  in  like  general  classifications  found  in departments
 31             throughout state government and not within the scope  of  active  law
 32             enforcement  service  are not eligible for police officer member sta-
 33             tus.
 34        (f)  Employees of the adjutant general and military division of the  state
 35        where military membership is a condition of employment.
 36        (g)  Magistrates  of  the  district  court; justices of the supreme court,
 37        judges of the court of appeals, and district judges who have made an elec-
 38        tion under section 1-2011, Idaho Code; and court employees  designated  by
 39        court order to have primary responsibility for court security or transpor-
 40        tation of prisoners.
 41        (h)  Paramedics  and  paramedic  trainees Employees whose primary function
 42        requires that they are certified by the Idaho  department  of  health  and
 43        welfare  as  an  emergency medical technician-basic, an advanced emergency
 44        medical   technician-ambulance,   an   emergency    medical    technician-
 45        intermediate, or an emergency medical technician-paramedic.
 46        (i)  Criminal investigators of the attorney general's office, and criminal
 47        investigators of a prosecuting attorney's office.
 48        (j)  The  director of security and the criminal investigators of the Idaho
 49        state lottery.
 50        (4)  A member may be designated by the retirement board as a police  offi-
 51    cer  member  for  retirement purposes if the position held is one in which the
 52    principal duties involve hazardous law enforcement duties.
 53        (a)  For purposes of this  section,  "hazardous  law  enforcement  duties"
 54        means principal duties which:
 55             (i)   Will  reasonably  expect  to  increase the probability of early
                                                                        
                                           3
                                                                        
  1             superannuation;
  2             (ii)  Are associated with life-threatening risk or present a position
  3             of peril either to the member or to others, or which  can  place  the
  4             public safety in jeopardy; and
  5             (iii) Either  compel others to observe the law, pertain to crime pre-
  6             vention, or pertain to crime  reduction,  including  police,  courts,
  7             prosecution, correction, or rehabilitation.
  8        (b)  If  continued  employment in a position is conditioned on maintaining
  9        current  POST certification, such condition shall be evidence to  be  con-
 10        sidered  that  the employee is a police officer member for retirement pur-
 11        poses.
 12             (i)   After July 1, 1999, a requirement for  POST  certification  for
 13             classified  state  employees may be made only by the administrator of
 14             the division of human resources pursuant to  chapter  53,  title  67,
 15             Idaho Code.
 16        (c)  Occasional  assignments  to  hazardous  law enforcement duties do not
 17        create a condition for designation as a police officer member for  retire-
 18        ment purposes.
 19        (5)  Any  employer or agency that believes that any employee, not specifi-
 20    cally designated as a police officer by law, is incorrectly  classified  as  a
 21    nonpolice  officer  member, may petition the retirement board for inclusion of
 22    that employee's position as one to be filled by a police  officer  member  for
 23    retirement  purposes.  The  petition  shall be in writing and shall explain in
 24    detail the principal duties of the position and include written evidence which
 25    establishes that the criteria of subsection  (4)  are  met.  The  board  shall
 26    review  the petition and evidence, together with such information and evidence
 27    as may be presented by the staff of  the  retirement  system.  The  board  may
 28    decide  the matter based upon the information supplied, may request additional
 29    information, or may request an oral presentation before the board.  The  deci-
 30    sion  of  the  board shall be final, but a similar petition may be resubmitted
 31    after six (6) months.
 32        (6)  On and after July 1, 1985, no active member shall be classified as  a
 33    police  officer  for retirement purposes unless the employer shall have certi-
 34    fied to the board, on a form provided by the board, that  such  member  is  an
 35    employee  whose  primary  position with the employer is one designated as such
 36    within the meaning of this chapter, and the board  shall  have  accepted  such
 37    certification. Acceptance by the board of an employer's certification shall in
 38    no  way  limit  the  board's  right  to review and reclassify the position for
 39    retirement purposes based upon an audit or  other  relevant  information  pre-
 40    sented to the board.
 41        (7)  An  active  member classified as a police officer for retirement pur-
 42    poses whose position is reclassified to that of a general member  for  retire-
 43    ment  purposes  as a result of a determination that the position does not meet
 44    the requirements of this chapter for police officer status for retirement pur-
 45    poses shall become a general member but shall  not  lose  retirement  benefits
 46    earned  and accrued prior to the reclassification. If that member continues to
 47    be employed in that same position until retired,  that  member  then  will  be
 48    deemed  to be a police officer member for the purposes of retirement eligibil-
 49    ity.

Statement of Purpose / Fiscal Impact


                 STATEMENT  OF  PURPOSE
                       RS 14402C1

This bill clarifies the scope of “police officer membership 
status” in the Public Employee Retirement System by amending 
section 59-1303, Idaho Code, to specifically include “dispatchers” 
among the positions that are not eligible, and to include jailers 
as eligible only if they are POST certified.  Also, the references 
to the positions of “POST instructors” are being changed to “POST 
training coordinators” and the reference to “paramedics and 
paramedic trainees” is being changed to reference emergency 
medical technicians, consistent with current usage in other state 
statutes, rules, and policies. 





                       FISCAL  IMPACT

None.






CONTACT	
Name:	Alan Winkle
Agency:	PERSI
Phone:	334-2455

Statement of Purpose/Fiscal Impact	                 S 1007