2008 Legislation
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HOUSE BILL NO. 414<br /> – Agric Dept emplyee/certn/nonclassif


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 414


  1                                        AN ACT

  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-


  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,
 30    title  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.


  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 / Fiscal Impact

                     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


Name:	Michael Cooper
Agency:	Agriculture, Dept. of
Phone:	332-8620