1999 Montana Legislature

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HOUSE BILL NO. 123

INTRODUCED BY R. MENAHAN

BY REQUEST OF THE DEPARTMENT OF JUSTICE

Montana State Seal

AN ACT PROVIDING THAT THE STATE'S SHARE OF COUNTY ATTORNEY SALARIES BE PAID EVERY 2 WEEKS INSTEAD OF MONTHLY; ALLOWING A COUNTY'S SHARE OF A COUNTY ATTORNEY'S OR DEPUTY COUNTY ATTORNEY'S SALARY TO BE PAID MONTHLY, TWICE MONTHLY, OR EVERY 2 WEEKS; AMENDING SECTION 7-4-2502, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.



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



     Section 1.  Section 7-4-2502, MCA, is amended to read:

     "7-4-2502.  Payment of salaries of county officials and assistants. (1) Except as provided in subsection (2), the The salaries of the county officers and their assistants may be paid monthly, twice monthly, or every 2 weeks out of the general fund of the county and upon the order of the board of county commissioners.

     (2)  (a)  The salaries of the county attorney and deputy county attorneys authorized by 7-4-2703 are payable monthly, with the salary of the county attorney is payable one-half from the general fund of the county and, if the county has supplied the information to the department of justice for inclusion in its budget, the other one-half from the state treasury upon the warrant of the state treasurer. If the county has not supplied information concerning any scheduled or proposed increase in salary for the county attorney to the department of justice for inclusion in material submitted to the budget director under Title 17, chapter 7, part 1, the county is responsible for any increased salary. The state's share of the county attorney's salary is payable every 2 weeks.

     (b)  The county commissioners of each county shall, within 30 days after the election or appointment to fill a vacancy for any cause in the office of county attorney, certify the election or appointment to the department of justice. The department shall notify the state treasurer of the salary of the county attorney. The state treasurer shall draw warrants for the county attorney salaries in the same manner as for state officers. In case of a vacancy, the county commissioners shall immediately notify the department of justice, and the department shall compute the salary due on the basis of the notification.

     (3)  The board has jurisdiction and power may, under limitations and restrictions prescribed by law, to fix the compensation of all county officers not otherwise fixed by law and to provide for the payment of the compensation and 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 their salaries at the prior fiscal year level."



     Section 2.  Effective date. [This act] is effective on passage and approval.

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Latest Version of HB 123 (HB0123.ENR)
Processed for the Web on March 31, 1999 (1:13PM)

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