Print Friendly HOUSE BILL NO. 662 – Decoration Day/Memorial Day
HOUSE BILL NO. 662
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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,
NAYS -- Barrett, Bell, Gould, Raybould, Roberts
Absent and excused -- Black, Deal, Gagner, Jones, Mortensen,
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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN 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 on Decoration Memorial 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
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;
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
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-
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:
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
25 Third Monday in February (Washington's Birthday);
26 Last Monday in May ( Decoration Memorial 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-
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-
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
54 (32) "Service rating" means a recorded evaluation of work performance and
55 promotional potential of an employee by his supervisor.
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 ( Decoration Memorial 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
The purpose of this legislation is to change references in the
code from "Decoration Day" to "Memorial Day."
There is no fiscal impact to the general fund.
Name: Rep. Elaine Smith
STATEMENT OF PURPOSE/FISCAL NOTE H 662