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H0662......................................................by STATE AFFAIRS DECORATION DAY - Amends existing law to change reference in the Idaho Code from Decoration Day to Memorial Day. 02/19 House intro - 1st rdg - to printing 02/20 Rpt prt - to St Aff 02/25 Rpt out - rec d/p - to 2nd rdg 02/26 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 58-5-7 AYES -- Aikele, Barraclough, Bedke, Bieter, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Moyle, Pearce, Pomeroy, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Barrett, Bell, Gould, Raybould, Roberts Absent and excused -- Black, Deal, Gagner, Jones, Mortensen, Pischner, Wood Floor Sponsor - Smith(33) Title apvd - to Senate 03/01 Senate intro - 1st rdg - to St Aff 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 25-8-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Davis, Dunklin, Geddes, Goedde, Hill, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler NAYS -- Darrington, Deide, Hawkins, Ipsen, Richardson, Sims, Thorne, Wiliams Absent and excused -- Frasure, Ingram Floor Sponsor - King-Barrutia Title apvd - to House 03/14 To enrol 03/15 Rpt enrol - Sp signed - Pres signed 03/15 To Governor 03/20 Governor signed Session Law Chapter 146 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 662 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO DECORATION DAY; AMENDING SECTIONS 46-802, 67-5302 AND 73-108, 3 IDAHO CODE, TO CHANGE REFERENCES FROM DECORATION DAY TO MEMORIAL DAY. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 46-802, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 46-802. UNORGANIZED ASSOCIATIONS PROHIBITED -- PARADES PROHIBITED -- 8 EXCEPTIONS. No body of men, other than the regularly organized national guard, 9 the unorganized militia when called into service of the state, or of the 10 United States, and except such as are regularly recognized and provided for by 11 the laws of the state of Idaho and of the United States, shall associate them- 12 selves together as a military company or organization, or parade in public 13 with firearms in any city or town of this state. 14 No city or town shall raise or appropriate any money toward arming or 15 equipping, uniforming, or in any other way supporting, sustaining or providing 16 drill rooms or armories for any such body of men; but associations wholly com- 17 posed of soldiers honorably discharged from the service of the United States 18 or members of the orders of Sons of Veterans, or of the Boy Scouts, may parade 19 in public with firearms onDecorationMemorial Day or upon the reception of 20 any regiment or companies of soldiers returning from such service, and for the 21 purpose of escort duty at the burial of deceased soldiers; and students in 22 educational institutions where military science is taught as a prescribed part 23 of the course of instruction, may with the consent of the governor, drill and 24 parade with firearms in public, under the superintendence of their teachers. 25 This section shall not be construed to prevent any other organization autho- 26 rized by law parading with firearms, nor to prevent parades by the national 27 guard of any other state or territory. 28 SECTION 2. That Section 67-5302, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 31 tions of the Idaho Code, each of the terms defined in this section shall have 32 the meaning given in this section unless a different meaning is clearly 33 required by the context. Such terms and their definitions are: 34 (1) "Administrative employee" means any person, nonclassified or classi- 35 fied appointed to a position which meets the following criteria: 36 1. (a) Responsible office or nonmanual work directly related to the 37 management policies of a department or section; or 38 (b) Responsible work that is directly related to academic instruc- 39 tion or training carried on in the administration of a school system 40 or educational establishment; and 41 2. The employee must customarily and regularly exercise discretion and 2 1 independent judgment, as distinguished from using skills and following 2 procedures. The employee must have the authority to make important deci- 3 sions; and 4 3. The employee must: 5 (a) Regularly assist a bona fide executive or administrative 6 employee; or 7 (b) Perform work under general supervision along specialized or 8 technical lines requiring special training, experience or knowledge; 9 or 10 (c) Execute under only general supervision special assignments; and 11 4. The employee is classified to a position allocated to the pay grade 12 equivalent to two hundred sixty (260) points or higher pursuant to the 13 rating system established by section 67-5309C, Idaho Code. 14 5. Final designation of a classified position as "administrative" within 15 this definition shall be made by the administrator of the division of 16 human resources. 17 (2) "Administrator" means the administrator of the division of human 18 resources in the governor's office. 19 (3) "Appointing authority" means the officer, board, commission, person 20 or group of persons authorized by statute or lawfully delegated authority to 21 make appointments to or employ personnel in any department. 22 (4) "Class" means a group of positions sufficiently similar as to the 23 duties performed, degree of supervision exercised or required, minimum 24 requirements of training, experience or skill, and other characteristics, that 25 the same title, the same tests of fitness and the same schedule of compensa- 26 tion may be applied to each position in the group. 27 (5) "Classified officer or employee" means any person appointed to or 28 holding a position in any department of the state of Idaho which position is 29 subject to the provisions of the merit examination, selection, retention, pro- 30 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 31 (6) "Commission" means the Idaho personnel commission. 32 (7) "Compensatory time" means approved time off from duty provided in 33 compensation for overtime hours worked. 34 (8) "Department" means any department, agency, institution or office of 35 the state of Idaho. 36 (9) "Disabled veteran" means an individual who has served on military 37 duty in the armed forces of the United States during any period of war recog- 38 nized by the United States department of veterans affairs for the purposes of 39 awarding federal veterans benefits as may be defined in title 38, U.S. code, 40 chapter 1, section 101(11), or during any other conflict recognized by the 41 award of a campaign or service medal of the United States; and has been sepa- 42 rated therefrom under honorable conditions; and has established the present 43 existence of a service-connected disability; and is receiving compensation, 44 disability retirement benefits, or pension under a public statute as adminis- 45 tered by the department of veterans affairs or a military department. 46 (10) "Earned administrative leave" means hours which exceed the regularly 47 scheduled hours but do not result in overtime. These hours may accrue after 48 hours worked and hours on paid leave exceed forty (40) hours in one (1) work 49 week. 50 (11) "Eligible" means a person who has been determined to be qualified for 51 a classified position and whose name has been placed on the register of eligi- 52 bles. 53 (12) "Executive employee" means any person, nonclassified or classified, 54 appointed to a position equivalent to a bureau chief or above as provided in 55 section 67-2402, Idaho Code, or any employee meeting the following criteria: 3 1 1. An individual whose primary duty is management of a department, divi- 2 sion or section; and 3 2. Who customarily and regularly directs the work of at least two (2) or 4 more other employees therein; and 5 3. Who has the authority to hire and fire, or to recommend hiring and 6 firing; or whose recommendation on these and other actions affecting 7 employees is given particular weight; and 8 4. Who customarily and regularly exercises discretionary powers; and 9 5. Who is classified to a position allocated to the pay grade equivalent 10 to two hundred sixty (260) points or higher pursuant to the rating system 11 established by section 67-5309C, Idaho Code. 12 6. Final designation of a classified position as "executive" in this def- 13 inition shall be made by the administrator. 14 (13) "Exempt employee" means any employee, classified or nonclassified, 15 who is determined to be an executive, professional or administrative employee 16 as defined herein, or who qualifies for any other exemption from cash compen- 17 sation for overtime under applicable federal law. Final designation of a clas- 18 sified position as exempt shall be made by the administrator. 19 (14) "Full-time employee" means any employee working a forty (40) hour 20 work week. 21 (15) "Holiday" means the following: 22 January 1 (New Year's Day); 23 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 24 Day); 25 Third Monday in February (Washington's Birthday); 26 Last Monday in May (DecorationMemorial Day); 27 July 4 (Independence Day); 28 First Monday in September (Labor Day); 29 Second Monday in October (Columbus Day); 30 November 11 (Veterans Day); 31 Fourth Thursday in November (Thanksgiving); 32 December 25 (Christmas). 33 In addition, the term "holiday" shall mean any day so designated by the Presi- 34 dent of the United States or the governor of this state for a public fast, 35 thanksgiving or holiday. 36 In the event that a holiday occurs on a Saturday, the preceding Friday 37 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 38 shall be a holiday. 39 A holiday is a day of exemption from work granted to employees during 40 which said employees shall be compensated as if they actually worked. 41 (16) "Hours worked" means those hours actually spent in the performance of 42 the employee's job on any day including holidays, and shall not include vaca- 43 tion or sick leave or other approved leave of absence. 44 (17) "Nonclassified employee" means any person appointed to or holding a 45 position in any department of the state of Idaho, which position is exempted 46 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 47 section 67-5303, Idaho Code. 48 (18) "Normal work week" means any forty (40) hours worked during a partic- 49 ular one hundred sixty-eight (168) hour period as previously established by 50 the employee's appointing authority. 51 (19) "Open competitive examination" means an examination which may be 52 taken by qualified applicants to compete on an equal basis for listing on the 53 register of eligibles. 54 (20) "Overtime work" means time worked on holidays and time worked in 55 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 4 1 secutive hours, except that in the case of those employees engaged in law 2 enforcement, correctional and fire protection activities characterized by 3 irregular shift work schedules, time worked in excess of one hundred sixty 4 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 5 overtime work within the meaning of this chapter. 6 (21) "Participating department" means any department of the state of Idaho 7 which employs persons in classified positions subject to the merit examina- 8 tion, selection, retention, promotion and dismissal requirements of this chap- 9 ter. 10 (22) "Part-time employee" means any employee whose usually scheduled work 11 is less than forty (40) hours in a period of one hundred sixty-eight (168) 12 consecutive hours. 13 (23) "Personnel system" means the procedure for administering employees in 14 accordance with this chapter. 15 (24) "Political office" means a public office for which partisan politics 16 is a basis for nomination, election or appointment. 17 (25) "Political organization" means a party which sponsors candidates for 18 election to political office. 19 (26) "Position" means a group of duties and responsibilities legally 20 assigned or delegated by one (1) or more appointing authorities and requiring 21 the employment of one (1) person. 22 (27) "Professional employee" means any person, nonclassified or classi- 23 fied, appointed to a position which meets the following criteria: 24 1. The employee's primary duty must be either: 25 (a) Work requiring knowledge of an advanced type in a field of sci- 26 ence or learning, customarily obtained by a prolonged course of spe- 27 cialized instruction and study; or 28 (b) Work that is original and creative in character in a recognized 29 field of artistic endeavor and the result of which depends primarily 30 on his invention, imagination, or talent; or 31 (c) Work as a teacher certified or recognized as such in a school 32 system or educational institution by which he is employed; and 33 2. The employee must consistently exercise discretion and judgment; and 34 3. The employee must do work that is predominantly intellectual and var- 35 ied, as distinguished from routine or mechanical duties; and 36 4. The employee is classified to a position allocated to the pay grade 37 equivalent to two hundred sixty (260) points or higher pursuant to the 38 rating system established in section 67-5309C, Idaho Code. 39 5. Final designation of a classified position as "professional" within 40 this definition shall be made by the administrator. 41 (28) "Provisional appointment" means appointment to a classified position 42 pending the establishment of a register for such position and employment shall 43 not be continued in this status longer than thirty (30) days after establish- 44 ment of a register. 45 (29) "Qualifying examination" means an examination or evaluation given to 46 a selected person to determine eligibility for reclassification or appointment 47 to a position in a classification. 48 (30) "Register" means a list of names of persons who have been determined 49 to be eligible for employment in a classified position as determined on the 50 basis of examination and merit factors as established by the administrator. 51 (31) "Seasonal appointment" means an appointment to a position which is 52 permanent in nature, but which has intermittent work periods throughout the 53 year. 54 (32) "Service rating" means a recorded evaluation of work performance and 55 promotional potential of an employee by his supervisor. 5 1 (33) "Temporary appointment" means appointment to a position which is not 2 permanent in nature, and in which employment will not exceed one thousand 3 three hundred eighty-five (1,385) hours during any twelve (12) month period. 4 No person holding a temporary appointment may work in excess of one thousand 5 three hundred eighty-five (1,385) hours during a twelve (12) month period of 6 time for any one (1) department, except upon petition by the appointing 7 authority of the department of lands that demonstrates good cause, the admin- 8 istrator of the division of human resources may extend the one thousand three 9 hundred eighty-five (1,385) hour limit for employees of the department who are 10 required to perform fire suppression activities. 11 (34) "Vacation leave" means a period of exemption from work granted to 12 employees during which time said employees shall be compensated. The term 13 shall not include compensatory time for overtime work. 14 (35) "Veteran" means any person who has served in the active service of 15 the armed forces of the United States during any period of war recognized by 16 the United States department of veterans affairs for the purpose of awarding 17 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, 18 section 101(11), or during any other conflict recognized by the award of a 19 campaign or service medal of the United States, and who has been discharged 20 under other than dishonorable conditions. 21 SECTION 3. That Section 73-108, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 73-108. HOLIDAYS ENUMERATED. Holidays, within the meaning of these com- 24 piled laws, are: 25 Every Sunday; 26 January 1 (New Year's Day); 27 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day); 28 Third Monday in February (Washington's Birthday); 29 Last Monday in May (DecorationMemorial Day); 30 July 4 (Independence Day); 31 First Monday in September (Labor Day); 32 Second Monday in October (Columbus Day); 33 November 11 (Veterans Day); 34 Fourth Thursday in November (Thanksgiving Day); 35 December 25 (Christmas); 36 Every day appointed by the President of the United States, or by the gov- 37 ernor of this state, for a public fast, thanksgiving, or holiday. 38 Any legal holiday that falls on Saturday, the preceding Friday shall be a 39 holiday and any legal holiday enumerated herein other than Sunday that falls 40 on Sunday, the following Monday shall be a holiday.
STATEMENT OF PURPOSE RS 12060 The purpose of this legislation is to change references in the code from "Decoration Day" to "Memorial Day." FISCAL IMPACT There is no fiscal impact to the general fund. Contact Name: Rep. Elaine Smith Phone: 332-1130 STATEMENT OF PURPOSE/FISCAL NOTE H 662