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H0414.......................................by COMMERCE AND HUMAN RESOURCES
AGRICULTURE DEPARTMENT EMPLOYEES - Amends existing law to provide that
certain employees and their supervisors hired by the Department of
Agriculture to conduct activities under the Idaho Plant Pest Act shall be
considered nonclassified employees.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Com/HuRes
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Crane, Mr. Speaker
Floor Sponsor - Marriott
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Com/HuRes
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Coiner
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/14 Governor signed
Session Law Chapter 89
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 414 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO STATE EMPLOYEES; AMENDING SECTION 67-5303, IDAHO CODE, TO PROVIDE 3 THAT CERTAIN EMPLOYEES AND THEIR SUPERVISORS HIRED TO CONDUCT ACTIVITIES 4 UNDER THE IDAHO PLANT PEST ACT SHALL BE CONSIDERED NONCLASSIFIED EMPLOYEES 5 AND TO DELETE OBSOLETE LANGUAGE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-5303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 10 Idaho and all employees in such departments, except those employees specifi- 11 cally defined as nonclassified, shall be classified employees, who are subject 12 to this chapter and to the system of personnel administration which it pre- 13 scribes. Nonclassified employees shall be: 14 (a) Members of the state legislature and all other officers of the state 15 of Idaho elected by popular vote, and persons appointed to fill vacancies in 16 elective offices, and employees of the state legislature. 17 (b) Members of statutory boards and commissions and heads of departments 18 appointed by and serving at the pleasure of the governor, deputy directors 19 appointed by the director and members of advisory boards and councils 20 appointed by the departments. 21 (c) All employees and officers in the office, and at the residence, of 22 the governor; and all employees and officers in the offices of the lieutenant 23 governor, secretary of state, attorney general, state treasurer, state con- 24 troller, and state superintendent of public instruction who are appointed on 25 and after the effective date of this chapter. 26 (d) Except as otherwise provided by law, not more than one (1) declared 27 position for each board or commission and/or head of a participating depart- 28 ment in addition to those declared to be nonclassified by other provisions of 29 law. 30 (e) Part-time professional consultants who are paid on a fee basis for 31 any form of legal, medical or other professional service, and who are not 32 engaged in the performance of administrative duties for the state. 33 (f) Judges, temporary referees, receivers and jurors. 34 (g) All employees of the Idaho supreme court, Idaho court of appeals and 35 district courts. 36 (h) All employees of the Idaho state bar. 37 (i) Assistant attorneys general attached to the office of the attorney 38 general. 39 (j) Officers, members of the teaching staffs of state educational insti- 40 tutions, the professional staff of the Idaho department of education adminis- 41 tered by the board of regents and the board of education, and the professional 42 staffs of the Idaho division of professional-technical education and voca- 43 tional rehabilitation administered by the state board for professional- 2 1 technical education. "Teaching staff" includes teachers, coaches, resident 2 directors, librarians and those principally engaged in academic research. The 3 word "officer" means presidents, vice presidents, deans, directors, or employ- 4 ees in positions designated by the state board who receive an annual salary of 5 not less than step "A" of the pay grade equivalent to three hundred fifty-five 6 (355) Hay points in the state compensation schedule. A nonclassified employee 7 who is designated as an "officer" on July 5, 1991, but does not meet the 8 requirements of this subsection, may make a one (1) time irrevocable election 9 to remain nonclassified. Such an election must be made not later than August 10 2, 1991. When such positions become vacant, these positions will be reviewed 11 and designated as either classified or nonclassified in accordance with this 12 subsection. 13 (k) Employees of the military division. 14 (l) Patients, inmates or students employed in a state institution. 15 (m) Persons employed in positions established under federal grants, 16 which, by law, restrict employment eligibility to specific individuals or 17 groups on the basis of nonmerit selection requirements. Such employees shall 18 be termed "project exempt" and the tenure of their employment shall be limited 19 to the length of the project grant, or twenty-four (24) months, or four thou- 20 sand one hundred sixty (4,160) hours of credited state service, whichever is 21 of the shortest duration. No person hired on a project-exempt appointment 22 shall be employed in any position allocated to the classified service. 23 (n) Temporary employees. 24 (o) All employees and officers of the following named commodity commis- 25 sions, and all employees and officers of any commodity commission created 26 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 27 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 28 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 29 title 22, Idaho Code;the Idaho prune commission, as provided in chapter 30,30title 22, Idaho Code;the Idaho hop grower's commission, as provided in chap- 31 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 32 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 33 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 34 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 35 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 36 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 37 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 38 inspector, and all district supervisors, as provided in chapter 11, title 25, 39 Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho 40 Code; and the Idaho dairy products commission, as provided in chapter 31, 41 title 25, Idaho Code. 42 (p) All inspectors of the fresh fruit and vegetable inspection service of 43 the Idaho department of agriculture, except those positions involved in the 44 management of the program. 45 (q) All employees of correctional industries within the department of 46 correction. 47 (r) All deputy administrators and wardens employed by the department of 48 correction. Deputy administrators are defined as only the six (6) deputy 49 administrators working directly for the two (2) nonclassified division admin- 50 istrators under the director of the department of correction. 51 (s) All public information positions with the exception of secretarial 52 positions, in any department. 53 (t) Any division administrator. 54 (u) Any regional administrator or division administrator in the depart- 55 ment of environmental quality. 3 1 (v) All employees of the division of financial management. 2 (w) All employees of the Idaho food quality assurance institute. 3 (x) The state appellate public defender, deputy state appellate public 4 defenders and all other employees of the office of the state appellate public 5 defender. 6 (y) All quality assurance specialists or medical investigators of the 7 Idaho board of medicine. 8 (z) All pest survey and detection employees and their supervisors hired 9 specifically to carry out activities under the Idaho plant pest act, chapter 10 20, title 22, Idaho Code, including but not limited to pest survey, detection 11 and eradication, except those positions involved in the management of the pro- 12 gram.
STATEMENT OF PURPOSE
RS 17305
Temporary personnel are limited to 1385 hours employment per
year under Section 67-5303, Idaho Code. Personnel hired to carry
pest survey, detection, control and eradication efforts
authorized under the Idaho Plant Pest Act, Title 22, Chapter 20,
Idaho Code often need to work more hours than is currently
allowable and in the case of the grasshopper program or the
potato cyst nematode program may need to work most of year round
for several years. There has been cases where we have had to
hire an individual to start a trapping program and then another
to finish it because the program lasts longer than 1385 hours.
The current and previous administrations have made it clear that
they wish programs of this type to be carried out under
deficiency warrant funding. This funding system does not allow
us to hire full time classified employees. Yet, we need to be
able to retain personnel longer than 1385 hours in any one year.
Section 67-5303(p), Idaho Code provides an exemption from the
1385 hour limit for the Department of Agriculture inspectors
under the fresh fruit and vegetable inspection service. We
propose to amend Section 67-5303, Idaho Code, with a new
paragraph (z) to make non-classified, personnel hired to carry
pest survey, detection, control and eradication efforts
authorized under the Idaho Plant Pest Act, Title 22, Chapter 20,
Idaho Code, except, those positions involved in the overall
management of a program.
FISCAL NOTE
None
CONTACT
Name: Michael Cooper
Agency: Agriculture, Dept. of
Phone: 332-8620
STATEMENT OF PURPOSE/FISCAL NOTE H 414