Print Friendly HOUSE BILL NO. 553
– Education dept, employees, holidays
HOUSE BILL NO. 553
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EDUCATION DEPARTMENT - HOLIDAYS - Amends existing law relating to the Idaho
State Personnel System to provide two alternate days in substitution for
two state holidays applicable to employees of the Department of Education
02/22 House intro - 1st rdg - to printing
02/25 Rpt prt - to Educ
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hart, Harwood, Henbest,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Durst, Hagedorn, Henderson, Smith(24),
Floor Sponsor - Mortimer
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Educ
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Goedde
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/20 Governor VETOED
03/21 Held at Desk
03/28 Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 553
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5302, IDAHO
3 CODE, TO PROVIDE TWO ALTERNATE DAYS IN SUBSTITUTION FOR TWO STATE HOLIDAYS
4 APPLICABLE TO EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION ONLY.
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 (a) (i) Responsible office or nonmanual work directly related to the
15 management policies of a department or section; or
16 (ii) 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 (b) 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 (c) The employee must:
24 (i) Regularly assist a bona fide executive or administrative
25 employee; or
26 (ii) Perform work under general supervision along specialized or
27 technical lines requiring special training, experience or knowledge;
29 (iii) Execute under only general supervision special assignments; and
30 (d) 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 rule.
33 (e) 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
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" is as defined in section 65-502, Idaho Code.
13 (10) "Earned administrative leave" means hours which exceed the regularly
14 scheduled hours but do not result in overtime. These hours may accrue after
15 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
17 (11) "Eligible" means a person who has been determined to be qualified for
18 a classified position and whose name has been placed on the register of eligi-
20 (12) "Executive employee" means any person, nonclassified or classified,
21 appointed to a position equivalent to a bureau chief or above as provided in
22 section 67-2402, Idaho Code, or any employee meeting the following criteria:
23 (a) An individual whose primary duty is management of a department, divi-
24 sion or bureau; and
25 (b) Who customarily and regularly directs the work of at least two (2) or
26 more other employees therein; and
27 (c) Who has the authority to hire and fire, or to recommend hiring and
28 firing; or whose recommendation on these and other actions affecting
29 employees is given particular weight; and
30 (d) Who customarily and regularly exercises discretionary powers; and
31 (e) Who is classified to a position allocated to the pay grade equivalent
32 to two hundred sixty (260) points or higher pursuant to the rating system
33 established by rule.
34 (f) Final designation of a classified position as "executive" in this
35 definition shall be made by the administrator.
36 (13) "Exempt employee" means any employee, classified or nonclassified,
37 who is determined to be an executive, professional or administrative employee
38 as defined herein, or who qualifies for any other exemption from cash compen-
39 sation for overtime under applicable federal law. Final designation of a clas-
40 sified position as exempt shall be made by the administrator.
41 (14) "Full-time employee" means any employee working a forty (40) hour
42 work week.
43 (15) "Holiday" means the following:
44 January 1 (New Year's Day);
45 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
47 Third Monday in February (Washington's Birthday);
48 Last Monday in May (Memorial Day);
49 July 4 (Independence Day);
50 First Monday in September (Labor Day);
51 Second Monday in October (Columbus Day);
52 November 11 (Veterans Day);
53 Fourth Thursday in November (Thanksgiving);
54 December 25 (Christmas).
55 In addition, the term "holiday" shall mean any day so designated by the Presi-
1 dent of the United States or the governor of this state for a public fast,
2 thanksgiving or holiday.
3 In the event that a holiday occurs on a Saturday, the preceding Friday
4 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
5 shall be a holiday.
6 For employees of the state department of education, the term "holiday"
7 shall not include the second Monday in October (Columbus Day) or November 11
8 (Veterans Day), but shall instead include the Friday after the fourth Thursday
9 in November and December 24 (Christmas Eve). In the event that December 24
10 occurs on a Friday, the following Monday shall be a holiday, and in the event
11 that December 24 occurs on a Saturday or Sunday, the following Tuesday shall
12 be a holiday.
13 A holiday is a day of exemption from work granted to nonexecutive employ-
14 ees during which said employees shall be compensated as if they actually
15 worked. Employees classified as executive exempt are entitled to ten (10) paid
16 holidays per year. If such an employee works on one (1) of the official holi-
17 days listed in this subsection, then such employee may take an alternative day
18 off but shall not receive additional compensation.
19 (16) "Hours worked" means those hours actually spent in the performance of
20 the employee's job on any day including holidays, and shall not include vaca-
21 tion or sick leave or other approved leave of absence.
22 (17) "Nonclassified employee" means any person appointed to or holding a
23 position in any department of the state of Idaho, which position is exempted
24 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
25 section 67-5303, Idaho Code.
26 (18) "Normal work week" means any forty (40) hours worked during a partic-
27 ular one hundred sixty-eight (168) hour period as previously established by
28 the employee's appointing authority.
29 (19) "Open competitive examination" means an examination which may be
30 taken by qualified applicants to compete on an equal basis for listing on the
31 register of eligibles.
32 (20) "Overtime work" means time worked on holidays and time worked in
33 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
34 secutive hours, except that in the case of those employees engaged in law
35 enforcement, correctional and fire protection activities characterized by
36 irregular shift work schedules, time worked in excess of one hundred sixty
37 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
38 overtime work within the meaning of this chapter.
39 (21) "Participating department" means any department of the state of Idaho
40 which employs persons in classified positions subject to the merit examina-
41 tion, selection, retention, promotion and dismissal requirements of this chap-
43 (22) "Part-time employee" means any employee whose usually scheduled work
44 is less than forty (40) hours in a period of one hundred sixty-eight (168)
45 consecutive hours.
46 (23) "Personnel system" means the procedure for administering employees in
47 accordance with this chapter.
48 (24) "Political office" means a public office for which partisan politics
49 is a basis for nomination, election or appointment.
50 (25) "Political organization" means a party which sponsors candidates for
51 election to political office.
52 (26) "Position" means a group of duties and responsibilities legally
53 assigned or delegated by one (1) or more appointing authorities and requiring
54 the employment of one (1) person.
55 (27) "Professional employee" means any person, nonclassified or classi-
1 fied, appointed to a position which meets the following criteria:
2 (a) The employee's primary duty must be either:
3 (i) Work requiring knowledge of an advanced type in a field of sci-
4 ence or learning, customarily obtained by a prolonged course of spe-
5 cialized instruction and study; or
6 (ii) Work that is original and creative in character in a recognized
7 field of artistic endeavor and the result of which depends primarily
8 on his invention, imagination, or talent; or
9 (iii) Work as a teacher certified or recognized as such in a school
10 system or educational institution by which he is employed; and
11 (b) The employee must consistently exercise discretion and judgment; and
12 (c) The employee must do work that is predominantly intellectual and var-
13 ied, as distinguished from routine or mechanical duties; and
14 (d) The employee is classified to a position allocated to the pay grade
15 equivalent to two hundred sixty (260) points or higher pursuant to the
16 rating system established by rule.
17 (e) Final designation of a classified position as "professional" within
18 this definition shall be made by the administrator.
19 (28) "Provisional appointment" means appointment to a classified position
20 pending the establishment of a register for such position and employment shall
21 not be continued in this status longer than thirty (30) days after establish-
22 ment of a register.
23 (29) "Qualifying examination" means an examination or evaluation given to
24 a selected person to determine eligibility for reclassification or appointment
25 to a position in a classification.
26 (30) "Register" means a list of names of persons who have been determined
27 to be eligible for employment in a classified position as determined on the
28 basis of examination and merit factors as established by the administrator.
29 (31) "Seasonal appointment" means an appointment to a position which is
30 permanent in nature, but which has intermittent work periods throughout the
32 (32) "Service rating" means a recorded evaluation of work performance and
33 promotional potential of an employee by his supervisor.
34 (33) "Temporary appointment" means appointment to a position which is not
35 permanent in nature, and in which employment will not exceed one thousand
36 three hundred eighty-five (1,385) hours during any twelve (12) month period.
37 No person holding a temporary appointment may work in excess of one thousand
38 three hundred eighty-five (1,385) hours during a twelve (12) month period of
39 time for any one (1) department, except upon petition by the appointing
40 authority of the department of lands that demonstrates good cause, the admin-
41 istrator of the division of human resources may extend the one thousand three
42 hundred eighty-five (1,385) hour limit for employees of the department who are
43 required to perform fire suppression activities.
44 (34) "Vacation leave" means a period of exemption from work granted to
45 employees during which time said employees shall be compensated. The term
46 shall not include compensatory time for overtime work.
47 (35) "Veteran" is as defined in section 65-502, Idaho Code.
STATEMENT OF PURPOSE
This legislation enhances the customer service focus of the State
Department of Education by changing the dates on which the agency's
employees observe certain holidays. Specifically, two of the
holidays currently observed by Department employees (Columbus Day
and Veterans Day) take place on days in which public schools are
generally in session across Idaho. As a result, school districts
and charter schools seeking to contact the Department for
information on those days are unable to have their questions
answered. Under this legislation, Department employees will work
these two days. In return, Department employees will take Christmas
Eve and the day after Thanksgiving off, since public schools in
Idaho are not in session on these days.
Name: Jason Hancock, State Department of Education
Phone: (208) 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE H 553