_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT LIMITING A STATE EMPLOYEE'S base SALARY TO NO MORE THAN FIVE TIMES THE NATIONAL MEDIAN INCOME; AMENDING SECTION 2-18-301, MCA; and PROVIDING AN EFFECTIVE DATE."

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

Section 1. Section 2-18-301, MCA, is amended to read:

"2-18-301. Intent of part -- rules. (1) It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104, be based, in part, on an analysis of the labor markets as provided by the department in a biennial salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.

(2)        Pay adjustments, if any, provided for in 2-18-303 supersede any other plan or systems established through collective bargaining after the adjournment of the legislature.

(3)        Total funds required to implement the pay increases, if any, provided for in 2-18-303 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the legislature.

(4)        When fiscally able, the department shall administer the pay program established by the legislature on the basis of competency, competitiveness to the external labor market, pay progression, and other nondiscriminatory factors, while considering pay relationships within an agency or pay unit.

(5)        The broadband pay plan must consist of nine pay bands including occupational wage ranges based on an occupation and its job evaluation factor. Each occupational wage range must contain a salary range with a minimum, a market midpoint, and a maximum salary. The salary for an employee may be less than the minimum salary.

(6)        Based on the biennial salary survey, the department shall:

(a)        identify current market midpoints for all occupations; and

(b)        establish the occupational wage range for each occupation.

(7)        (a) For a state employee who begins working for the state on or after [the effective date of this act], the employee's base salary may not exceed five times the national median income.

(b)        For the purposes of this subsection (7) and subsections (8) and (9), the national median income is the most recent calculation of the national median income by the U.S. bureau of labor statistics.

(8)        For a state employee who began working for the state before [the effective date of this act], the employee's base salary may not exceed five times the national median income if the employee earns less than five times the national median income by [the effective date of this act].

(9)        For a state employee who earns a base salary that is more than five times the national median income as of [the effective date of this act], the employee's salary may exceed five times the national median income.

(7)(10)  The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part.

(8)(11)  Nothing in this part prohibits the board of regents from engaging in negotiations with the collective bargaining units representing the classified staff of the university system."

NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 2023.