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; AND PROVIDING A CONTINGENT VOIDNESS PROVISION."
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
PURSUANT TO [SECTION 3], depending on the formal training and experience of each respective officer; however,.
However, the entry-level salary for a chief probation officer may not be lower than $24,000 a year and may not be higher
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 for 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)(B) The SUBJECT TO [SECTION 4], 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, then that county shall pay the entire salary.
(2)(3)(2) In addition to the compensation provided in subsection pursuant to subsections (1) and (2) SUBSECTION (1),
each chief probation officer with more than 5 years of service is entitled to receive an annual 1% longevity allowance;
however,. 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. THE LONGEVITY ALLOWANCE TO WHICH A CHIEF PROBATION OFFICER IS
ENTITLED INCLUDES ALL LONGEVITY ALLOWANCES EARNED DURING ANY SERVICE AS A DEPUTY
PROBATION OFFICER AND IS TRANSFERABLE FROM ONE COUNTY TO ANOTHER. FUNDING
RESPONSIBILITY FOR LONGEVITY ALLOWANCES UNDER THIS SUBSECTION IS SUBJECT TO THE
PROVISIONS OF [SECTION 4].
(3)(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 (1) (2)(b), the longevity increases
provided for in subsection (2) (3) must also be restored for those years that the cost-of-living increment
was restored.
(4)(5)(3) 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 AS PROVIDED IN [SECTION 3].
(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. The salaries may not exceed 90% or be less than 60% of the salary of the chief
probation officer, excluding the cost-of-living increase provided in subsection (2) and longevity payments
provided in 41-5-1704.
(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 for 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 (B) SUBJECT TO [SECTION 4], 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, then that
county shall pay the entire salary.
(3)(2) In addition to the compensation provided in pursuant to subsections (1) and (2) SUBSECTION (1),
each deputy probation officer with more than 5 years of service is entitled to receive an annual 1%
longevity allowance; however,. 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.
THE LONGEVITY ALLOWANCE TO WHICH A DEPUTY PROBATION OFFICER IS ENTITLED IS
TRANSFERABLE FROM ONE COUNTY TO ANOTHER. FUNDING RESPONSIBILITY FOR LONGEVITY
ALLOWANCES UNDER THIS SUBSECTION IS SUBJECT TO THE PROVISIONS OF [SECTION 4].
(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)(3) 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."
NEW SECTION. SECTION 3. CLASSIFICATION AND PAY PROGRESSION -- RULEMAKING. (1) THE DEPARTMENT OF ADMINISTRATION SHALL, IN CONSULTATION WITH THE OFFICE OF THE SUPREME COURT ADMINISTRATOR, CLASSIFY EACH CHIEF AND DEPUTY COUNTY PROBATION OFFICER POSITION AND ASSIGN EACH POSITION TO A PAY GRADE IN THE STATE PAY SCHEDULE IN 2-18-312.
(2) EACH CHIEF AND DEPUTY PROBATION OFFICER SHALL PROGRESS THROUGH THE CLASSIFICATION AND PAY PLAN AS PROVIDED FOR UNDER 2-18-303.
(3) THE COMPENSATION OF A CHIEF OR DEPUTY PROBATION OFFICER MAY NOT BE REDUCED AS A RESULT OF IMPLEMENTATION OF THIS SECTION.
(4) THE DEPARTMENT OF ADMINISTRATION MAY ADOPT RULES TO IMPLEMENT THIS SECTION.
(5) THE DEPARTMENT OF ADMINISTRATION SHALL ESTABLISH PROCEDURES TO PROVIDE FOR THE COLLECTION OF POSITION DESCRIPTIONS, PERSONNEL ROSTERS, SALARY INFORMATION, AND OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF ADMINISTRATION TO IMPLEMENT THIS SECTION.
NEW SECTION. SECTION 4. STATE ASSUMPTION OF CERTAIN COSTS. (1) EACH COUNTY IS RESPONSIBLE FOR FUNDING THE SALARIES AND LONGEVITY ALLOWANCES OF THE COUNTY'S CHIEF AND DEPUTY PROBATION OFFICERS UP TO THE AGGREGATE AMOUNT PAID FOR SALARY AND LONGEVITY ALLOWANCES AS OF THE FIRST FULL PAY PERIOD IMMEDIATELY PRECEDING [THE EFFECTIVE DATE OF THIS ACT].
(2) BEGINNING THE FIRST FULL PAY PERIOD IMMEDIATELY FOLLOWING [THE EFFECTIVE DATE OF THIS ACT], THE OFFICE OF THE SUPREME COURT ADMINISTRATOR SHALL REIMBURSE EACH COUNTY AN AMOUNT EQUAL TO ANY COSTS INCURRED BY THE COUNTY FOR FUNDING THE SALARIES AND LONGEVITY ALLOWANCES OF CHIEF OR DEPUTY PROBATION OFFICERS THAT IS IN EXCESS OF THE AGGREGATE FUNDING LEVEL THAT IS THE COUNTY'S RESPONSIBILITY UNDER SUBSECTION (1).
NEW SECTION. SECTION 5. CODIFICATION INSTRUCTION. [SECTIONS 3 AND 4] ARE INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 41, CHAPTER 5, AND THE PROVISIONS OF TITLE 41, CHAPTER 5, APPLY TO [SECTIONS 3 AND 4].
NEW SECTION. SECTION 6. CONTINGENT VOIDNESS. IF HOUSE BILL NO. 2 DOES NOT APPROPRIATE FUNDS TO THE OFFICE OF THE SUPREME COURT ADMINISTRATOR TO COVER THE COST OF THE STATE ASSUMPTION OF PAYROLL OBLIGATIONS ABOVE CURRENT LEVELS AS PROVIDED IN [SECTION 4], THEN [THIS ACT] IS VOID.
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Latest Version of HB 431 (HB0431.02)
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