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H0639.......................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - Amends existing law relating to state employees to
clarify that a holiday is eight hours of exemption from work granted to
employees with compensation as if they actually worked.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - FAILED - 29-39-2
AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Block, Bolz,
Bradford, Cannon, Clark, Collins, Crow, Denney, Gagner, Garrett,
Harwood, Kellogg, Kulczyk, Lake, McGeachin, McKague, Moyle, Roberts,
Rydalch, Schaefer, Smith(24), Stevenson, Wood
NAYS -- Andersen, Black, Boe, Campbell, Cuddy, Deal, Douglas,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Henbest, Jaquet,
Jones, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell,
Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,
Robison, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Trail, Wills
Absent and excused -- Eberle, Mr. Speaker
Floor Sponsor - Lake
Filed in the Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 639
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE PERSONNEL SYSTEM AND HOLIDAY PAY; AMENDING SECTION 67-5302,
3 IDAHO CODE, TO CLARIFY THAT A HOLIDAY IS EIGHT HOURS OF EXEMPTION FROM
4 WORK GRANTED TO EMPLOYEES WITH COMPENSATION AS IF THEY ACTUALLY WORKED.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
9 tions of the Idaho Code, each of the terms defined in this section shall have
10 the meaning given in this section unless a different meaning is clearly
11 required by the context. Such terms and their definitions are:
12 (1) "Administrative employee" means any person, nonclassified or classi-
13 fied appointed to a position which meets the following criteria:
14 1. (a) Responsible office or nonmanual work directly related to the
15 management policies of a department or section; or
16 (b) Responsible work that is directly related to academic instruc-
17 tion or training carried on in the administration of a school system
18 or educational establishment; and
19 2. The employee must customarily and regularly exercise discretion and
20 independent judgment, as distinguished from using skills and following
21 procedures. The employee must have the authority to make important deci-
22 sions; and
23 3. The employee must:
24 (a) Regularly assist a bona fide executive or administrative
25 employee; or
26 (b) Perform work under general supervision along specialized or
27 technical lines requiring special training, experience or knowledge;
28 or
29 (c) Execute under only general supervision special assignments; and
30 4. The employee is classified to a position allocated to the pay grade
31 equivalent to two hundred sixty (260) points or higher pursuant to the
32 rating system established by section 67-5309C, Idaho Code.
33 5. Final designation of a classified position as "administrative" within
34 this definition shall be made by the administrator of the division of
35 human resources.
36 (2) "Administrator" means the administrator of the division of human
37 resources in the governor's office.
38 (3) "Appointing authority" means the officer, board, commission, person
39 or group of persons authorized by statute or lawfully delegated authority to
40 make appointments to or employ personnel in any department.
41 (4) "Class" means a group of positions sufficiently similar as to the
42 duties performed, degree of supervision exercised or required, minimum
43 requirements of training, experience or skill, and other characteristics, that
2
1 the same title, the same tests of fitness and the same schedule of compensa-
2 tion may be applied to each position in the group.
3 (5) "Classified officer or employee" means any person appointed to or
4 holding a position in any department of the state of Idaho which position is
5 subject to the provisions of the merit examination, selection, retention, pro-
6 motion and dismissal requirements of chapter 53, title 67, Idaho Code.
7 (6) "Commission" means the Idaho personnel commission.
8 (7) "Compensatory time" means approved time off from duty provided in
9 compensation for overtime hours worked.
10 (8) "Department" means any department, agency, institution or office of
11 the state of Idaho.
12 (9) "Disabled veteran" means an individual who has served on military
13 duty in the armed forces of the United States during any period of war recog-
14 nized by the United States department of veterans affairs for the purposes of
15 awarding federal veterans benefits as may be defined in title 38, U.S. code,
16 chapter 1, section 101(11), or during any other conflict recognized by the
17 award of a campaign or service medal of the United States; and has been sepa-
18 rated therefrom under honorable conditions; and has established the present
19 existence of a service-connected disability; and is receiving compensation,
20 disability retirement benefits, or pension under a public statute as adminis-
21 tered by the department of veterans affairs or a military department.
22 (10) "Earned administrative leave" means hours which exceed the regularly
23 scheduled hours but do not result in overtime. These hours may accrue after
24 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
25 week.
26 (11) "Eligible" means a person who has been determined to be qualified for
27 a classified position and whose name has been placed on the register of eligi-
28 bles.
29 (12) "Executive employee" means any person, nonclassified or classified,
30 appointed to a position equivalent to a bureau chief or above as provided in
31 section 67-2402, Idaho Code, or any employee meeting the following criteria:
32 1. An individual whose primary duty is management of a department, divi-
33 sion or section; and
34 2. Who customarily and regularly directs the work of at least two (2) or
35 more other employees therein; and
36 3. Who has the authority to hire and fire, or to recommend hiring and
37 firing; or whose recommendation on these and other actions affecting
38 employees is given particular weight; and
39 4. Who customarily and regularly exercises discretionary powers; and
40 5. Who is classified to a position allocated to the pay grade equivalent
41 to two hundred sixty (260) points or higher pursuant to the rating system
42 established by section 67-5309C, Idaho Code.
43 6. Final designation of a classified position as "executive" in this def-
44 inition shall be made by the administrator.
45 (13) "Exempt employee" means any employee, classified or nonclassified,
46 who is determined to be an executive, professional or administrative employee
47 as defined herein, or who qualifies for any other exemption from cash compen-
48 sation for overtime under applicable federal law. Final designation of a clas-
49 sified position as exempt shall be made by the administrator.
50 (14) "Full-time employee" means any employee working a forty (40) hour
51 work week.
52 (15) "Holiday" means the following:
53 January 1 (New Year's Day);
54 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
55 Day);
3
1 Third Monday in February (Washington's Birthday);
2 Last Monday in May (Memorial Day);
3 July 4 (Independence Day);
4 First Monday in September (Labor Day);
5 Second Monday in October (Columbus Day);
6 November 11 (Veterans Day);
7 Fourth Thursday in November (Thanksgiving);
8 December 25 (Christmas).
9 In addition, the term "holiday" shall mean any day so designated by the Presi-
10 dent of the United States or the governor of this state for a public fast,
11 thanksgiving or holiday.
12 In the event that a holiday occurs on a Saturday, the preceding Friday
13 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
14 shall be a holiday.
15 A holiday is a day eight (8) hours of exemption from work granted to
16 employees during which said employees shall be compensated as if they actually
17 worked.
18 (16) "Hours worked" means those hours actually spent in the performance of
19 the employee's job on any day including holidays, and shall not include vaca-
20 tion or sick leave or other approved leave of absence.
21 (17) "Nonclassified employee" means any person appointed to or holding a
22 position in any department of the state of Idaho, which position is exempted
23 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
24 section 67-5303, Idaho Code.
25 (18) "Normal work week" means any forty (40) hours worked during a partic-
26 ular one hundred sixty-eight (168) hour period as previously established by
27 the employee's appointing authority.
28 (19) "Open competitive examination" means an examination which may be
29 taken by qualified applicants to compete on an equal basis for listing on the
30 register of eligibles.
31 (20) "Overtime work" means time worked on holidays and time worked in
32 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
33 secutive hours, except that in the case of those employees engaged in law
34 enforcement, correctional and fire protection activities characterized by
35 irregular shift work schedules, time worked in excess of one hundred sixty
36 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
37 overtime work within the meaning of this chapter.
38 (21) "Participating department" means any department of the state of Idaho
39 which employs persons in classified positions subject to the merit examina-
40 tion, selection, retention, promotion and dismissal requirements of this chap-
41 ter.
42 (22) "Part-time employee" means any employee whose usually scheduled work
43 is less than forty (40) hours in a period of one hundred sixty-eight (168)
44 consecutive hours.
45 (23) "Personnel system" means the procedure for administering employees in
46 accordance with this chapter.
47 (24) "Political office" means a public office for which partisan politics
48 is a basis for nomination, election or appointment.
49 (25) "Political organization" means a party which sponsors candidates for
50 election to political office.
51 (26) "Position" means a group of duties and responsibilities legally
52 assigned or delegated by one (1) or more appointing authorities and requiring
53 the employment of one (1) person.
54 (27) "Professional employee" means any person, nonclassified or classi-
55 fied, appointed to a position which meets the following criteria:
4
1 1. The employee's primary duty must be either:
2 (a) Work requiring knowledge of an advanced type in a field of sci-
3 ence or learning, customarily obtained by a prolonged course of spe-
4 cialized instruction and study; or
5 (b) Work that is original and creative in character in a recognized
6 field of artistic endeavor and the result of which depends primarily
7 on his invention, imagination, or talent; or
8 (c) Work as a teacher certified or recognized as such in a school
9 system or educational institution by which he is employed; and
10 2. The employee must consistently exercise discretion and judgment; and
11 3. The employee must do work that is predominantly intellectual and var-
12 ied, as distinguished from routine or mechanical duties; and
13 4. The employee is classified to a position allocated to the pay grade
14 equivalent to two hundred sixty (260) points or higher pursuant to the
15 rating system established in section 67-5309C, Idaho Code.
16 5. Final designation of a classified position as "professional" within
17 this definition shall be made by the administrator.
18 (28) "Provisional appointment" means appointment to a classified position
19 pending the establishment of a register for such position and employment shall
20 not be continued in this status longer than thirty (30) days after establish-
21 ment of a register.
22 (29) "Qualifying examination" means an examination or evaluation given to
23 a selected person to determine eligibility for reclassification or appointment
24 to a position in a classification.
25 (30) "Register" means a list of names of persons who have been determined
26 to be eligible for employment in a classified position as determined on the
27 basis of examination and merit factors as established by the administrator.
28 (31) "Seasonal appointment" means an appointment to a position which is
29 permanent in nature, but which has intermittent work periods throughout the
30 year.
31 (32) "Service rating" means a recorded evaluation of work performance and
32 promotional potential of an employee by his supervisor.
33 (33) "Temporary appointment" means appointment to a position which is not
34 permanent in nature, and in which employment will not exceed one thousand
35 three hundred eighty-five (1,385) hours during any twelve (12) month period.
36 No person holding a temporary appointment may work in excess of one thousand
37 three hundred eighty-five (1,385) hours during a twelve (12) month period of
38 time for any one (1) department, except upon petition by the appointing
39 authority of the department of lands that demonstrates good cause, the admin-
40 istrator of the division of human resources may extend the one thousand three
41 hundred eighty-five (1,385) hour limit for employees of the department who are
42 required to perform fire suppression activities.
43 (34) "Vacation leave" means a period of exemption from work granted to
44 employees during which time said employees shall be compensated. The term
45 shall not include compensatory time for overtime work.
46 (35) "Veteran" means any person who has served in the active service of
47 the armed forces of the United States during any period of war recognized by
48 the United States department of veterans affairs for the purpose of awarding
49 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
50 section 101(11), or during any other conflict recognized by the award of a
51 campaign or service medal of the United States, and who has been discharged
52 under other than dishonorable conditions.
STATEMENT OF PURPOSE
RS 13953
This legislation defines "holiday" as 8 hours of exemption
from work for which the employee shall receive compensation.
Presently, we do not have uniformity throughout state agencies as
to how holiday pay is determined.
FISCAL IMPACT
None to the general fund. Some agency budgets will be
positively impacted.
Contact
Name: Rep. Lake
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 639