2008 Legislation
Print Friendly

HOUSE BILL NO. 553<br /> – Education dept, employees, holidays


View Bill Status

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.

Bill Status

H0553..........................................................by EDUCATION
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

Bill Text

  ]]]]              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

  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;
 28             or
 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
 16    week.
 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-
 19    bles.
 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
 46             Day);
 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-
 42    ter.
 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
 31    year.
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17953

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.

                           FISCAL NOTE


Name: Jason Hancock, State Department of Education 
Phone: (208) 332-6800

STATEMENT OF PURPOSE/FISCAL NOTE                         H 553