House Bill No. 130

Introduced By m. hanson

A Bill for an Act entitled: "An Act specifying that the salary of certain county officials may not be reduced as a result of a reclassification of the county that the official serves; amending sections 7-1-2112 and 7-4-2503, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 7-1-2112, MCA, is amended to read:

"7-1-2112.   Designation of county classification by county commissioners. (1) The several boards Each board of county commissioners must shall, at their its regular session in September of each year, make an order designating the class to which such the county belongs, as determined by the taxable valuation of such the county for the year in which such the order is made, under and as provided in accordance with the provisions of 7-1-2111.

(2)  Such The classification shall does not change the government of the county then in existence until the next succeeding first Monday in January.

(3) A change in the classification of a county from a higher class, such as first class, to a lower class, such as second class, does not affect the salary of any county officer or of the officer's deputies or assistants for whom a salary is calculated pursuant to Title 7, chapter 4, part 25."

Section 2.  Section 7-4-2503, MCA, is amended to read:

"7-4-2503.   Salary schedule for certain county officers. (1) (a) The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor, county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries as provided in 7-4-2812, and county auditor in all counties where the office is authorized must be established by the county governing body at no less than 80% of the annual base salary of:

(i)  $25,000 for counties of the first through fifth class added to the population increment of $10 for each 100 persons or major fraction of 100 persons included in the county's population as determined by the 1990 federal decennial census; or

(ii) $18,000 for counties of the sixth and seventh class added to the population increment of $10 per 100 persons or major fraction of 100 persons in the county's population as determined by the 1990 federal decennial census.

(b)  The annual base established by the county governing body in subsection (1) must be uniform for all county officers referred to in subsection (1).

(2)  (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 per year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 per year.

(b)  The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 per year.

(c)  The county sheriff must receive a longevity payment amounting to 1% of the base salary set forth in subsection (1) for each year of service with the sheriff's department, but years of service during any year in which the salary was set at the level of the salary of the prior fiscal year may not be included in any calculation of longevity increases. The additional salary amount provided for in this subsection may not be included in the base salary for purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.

(3)  (a) In each county with a population in excess of 30,000, the county attorney must be a full-time official under 7-4-2704, and the salary is $50,000 per year. In counties with a population less than 30,000, the county attorney who is a part-time official for a county of the first, second, or third class is entitled to receive an annual salary equal to 60% of the annual salary of a full-time county attorney. A county attorney who is a part-time official for a county of the fourth, fifth, sixth, or seventh class is entitled to receive an annual salary equal to 50% of the annual salary of a full-time county attorney.

(b)  In those counties where in which the office of the county attorney has been established as a full-time position pursuant to 7-4-2706, the salary of the county attorney is the same as that established for full-time county attorneys in subsection (3)(a).

(c)  On August 1 of each year, each county attorney is entitled to an increase in salary calculated by adding to the annual salary a percentage of up to 100% of the previous calendar year's consumer price index for all urban consumers, U.S. department of labor, bureau of labor statistics, or other index that the bureau of business and economic research of the university of Montana-Missoula may in the future recognize as the successor to that index. However, the county commissioners may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as provided in 7-4-2504(1), set the salary at the prior fiscal year level if that level is lower than the level required by this subsection (3)(c). The cost-of-living increment for each fiscal year must be added to all cost-of-living increments granted for previous years unless salaries were set for the fiscal year at the level of salaries received in the prior fiscal year. Unless restored pursuant to 7-4-2504(2), a cost-of-living increment that would have been received for the fiscal year, computed on the prior fiscal year, may not be added to previous increments.

(d)  (i) After completing 4 years of service as deputy county attorney, each deputy county attorney is entitled to an increase in salary of $1,000 on the anniversary date of employment as deputy county attorney. After completing 5 years of service as deputy county attorney, each deputy county attorney is entitled to an additional increase in salary of $1,500 on the anniversary date of employment. After completing 6 years of service as deputy county attorney and for each succeeding year of service thereafter up to completion of the 11th year of service, each deputy county attorney is entitled to an additional annual increase in salary of $500.

(ii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be included in the calculation of the longevity increase, but, unless longevity increases are restored pursuant to 7-4-2504(2), the years of service during a year in which the salary was set at the level of the salary of the prior fiscal year may not be included in a calculation of longevity increases.

(4)  The latest federal decennial census statistics are the basis for computation of population increments under this section. During the intervening 9 years, the computation of population increments applicable on July 1 of each year is based on the most current calendar year's estimates of counties' populations compiled by the federal-state cooperative program for estimates of the university of Montana-Missoula bureau of business and economic research and the U.S. bureau of the census or other estimate that the bureau of business and economic research may certify.

(5) A change made pursuant to 7-1-2112 in the classification of a county from a higher class, such as first class, to a lower class, such as second class, does not affect the salary of any county officer or of the officer's deputies or assistants for whom a salary is calculated pursuant to this part."

NEW SECTION. Section 3.  Effective date. [This act] is effective July 1, 1997.

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