HOUSE BILL NO. 431

INTRODUCED BY J. MERCER

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING SALARIES FOR CHIEF PROBATION OFFICERS AND DEPUTY CHIEF PROBATION OFFICERS; AND AMENDING SECTIONS 41-5-1704 AND 41-5-1705, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 41-5-1704, MCA, is amended to read:

"41-5-1704. Salary and expenses. (1) (a) A chief probation officer must receive a salary specified by the court, depending on the formal training and experience of each respective officer. However, the entry-level salary for a chief probation officer may not be lower than $29,000 a year.

(b) Each court shall annually adjust the minimum entry- level salary provided in subsection (1)(a) by adding to it an increment equal to 100% of the increase in the cost of living according to 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.

(2) (a) In addition to adjusting the entry-level salary pursuant to subsection (1), the court shall, on or before July 1 of each year, adjust and fix the salary of the chief probation officer to provide a cost-of-living increase by adding to the chief probation officer's annual salary on July 1 of that year an increment, as determined by the county governing body using the applicable formula provided in 7-4-2504, 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.

(b) 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 by the county governing body. If that is the case, the 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.

(c) The salary of a chief probation officer must be apportioned among and paid by each of the counties in which the officer is appointed to act, in proportion to the cost allocation established under 41-5-104, except when the officer is appointed for one county, that county shall pay the entire salary.

(3) In addition to the compensation provided pursuant to subsections (1) and (2), each chief probation officer with more than 5 years of service is entitled to receive an annual 1% longevity allowance. However, years of service during any year in which the salary was set at the same level as the salary of the prior fiscal year may not be included in any calculation of longevity increase. Each longevity allowance must be based on the officer's current salary and begins on the officer's annual employment anniversary date. The allowance must be paid in equal monthly installments.

(4) If the county governing body, in any subsequent fiscal year, restores for 1 or more years the annual cost-of-living increments withheld pursuant to subsection (2)(b), the longevity increases provided for in subsection (3) must also be restored for those years that the cost-of-living increment was restored.

(5) For all authorized travel incident to a chief probation officer's official duties in connection with the investigation, supervision, and transportation of youth, the chief probation officer must, in addition to the officer's salary, be reimbursed as provided in 2-18-501 through 2-18-503."

Section 2. Section 41-5-1705, MCA, is amended to read:

"41-5-1705. Deputy probation officers -- salary. (1) (a) The judge having jurisdiction of juvenile matters may appoint persons to serve as deputy probation officers as the judge considers necessary, giving preference to persons having the qualifications suggested for appointment as the chief probation officer. The salaries of deputy probation officers must be fixed by the judge. However, the entry-level salary for a deputy probation officer may not be lower than $24,900 a year.

(b) Each court shall adjust the entry-level salary annually by adding to it an increment equal to 100% of the increase in the cost of living according to 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.

(2) (a) In addition to adjusting the entry-level salary pursuant to subsection (1), the judge shall, on or before July 1 of each year, adjust and fix the salary of the deputy probation officer to provide a cost-of-living increase by adding to the deputy probation officer's annual salary on July 1 of that year an increment, as determined by the county governing body using the applicable formula provided in 7-4-2504, 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.

(b) 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 by the county governing body. If that is the case, the 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.

(c) The salary of a deputy probation officer must be apportioned among and paid by each of the counties in which the officer is appointed to act, in proportion to the cost allocation established under 41-5-104, except when the officer is appointed for one county, that county shall pay the entire salary.

(3) In addition to the compensation provided pursuant to subsections (1) and (2), each deputy probation officer with more than 5 years of service is entitled to receive an annual 1% longevity allowance . However, years of service during any year in which the salary was set at the same level as the salary of the prior fiscal year may not be included in any calculation of longevity increase. Each longevity allowance must be based on the officer's current salary and begins on the officer's annual employment anniversary date. The allowance must be paid in equal monthly installments.

(4) If the county governing body, in any subsequent fiscal year, restores for 1 or more years the annual cost-of-living increments withheld pursuant to subsection (2)(b), the longevity increases provided for in subsection (3) must also be restored for those years that the cost-of-living increment was restored.

(5) The salary of a deputy probation officer promoted to chief probation officer may not be decreased by the appointment. The deputy probation officer retains all longevity allowances earned during service as a deputy."

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