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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 dayeight (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