2002 Legislation
Print Friendly

HOUSE BILL NO. 662 – Decoration Day/Memorial Day

HOUSE BILL NO. 662

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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
                                                                        
                                           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 (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-
                                                                        
                                           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 (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 / Fiscal Impact


                    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