1999 Montana Legislature

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HOUSE BILL NO. 13

INTRODUCED BY R. JOHNSON

BY REQUEST OF THE GOVERNOR

Montana State Seal

AN ACT PROVIDING FOR PAY AND BENEFITS FOR STATE EMPLOYEES IN THE STATEWIDE AND BLUE-COLLAR PAY PLANS; INCREASING THE LONGEVITY ALLOWANCE AT THE 15- AND 20-YEAR INCREMENTS; REVISING THE MILEAGE REIMBURSEMENT RATE; INCREASING THE STATE CONTRIBUTION TO THE EMPLOYEE GROUP BENEFIT PROGRAM; DIRECTING THE DEPARTMENT OF ADMINISTRATION TO DEVELOP AND IMPLEMENT AN ALTERNATIVE PAY AND CLASSIFICATION PLAN THROUGH DEMONSTRATION PROJECTS FOR CERTAIN CLASSES, OCCUPATIONS, AND WORK UNITS; PROVIDING FOR PAY INCREASES FOR LEGISLATORS; PROVIDING HEALTH INSURANCE BENEFITS FOR LEGISLATORS WHO ARE INVOLUNTARILY TERMINATED FROM LEGISLATIVE SERVICE BECAUSE OF TERM LIMITS; PROVIDING APPROPRIATIONS; AMENDING SECTIONS 2-18-101, 2-18-301, 2-18-303, 2-18-304, 2-18-312, 2-18-313, 2-18-315, 2-18-503, 2-18-703, AND 5-2-301, MCA; AND PROVIDING EFFECTIVE DATES AND A RETROACTIVE APPLICABILITY DATE.



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



     Section 1.  Section 2-18-101, MCA, is amended to read:

     "2-18-101.  Definitions. As used in parts 1 through 3 and part 10 of this chapter, the following definitions apply:

     (1)  "Agency" means a department, board, commission, office, bureau, institution, or unit of state government recognized in the state budget.

     (2)  "Anniversary date", except as modified in part 3 of this chapter, means the month and day on which an employee began the most recent period of uninterrupted state service.

     (3)  "Base salary" means the amount of compensation paid to an employee, excluding:

     (a)  state contributions to group benefits provided in 2-18-703;

     (b)  overtime;

     (c)  fringe benefits as defined in 39-2-903; and

     (d)  the longevity allowance provided in 2-18-304.

     (4)  "Board" means the board of personnel appeals established in 2-15-1705.

     (5)  "Class" means one or more positions substantially similar with respect to the kind or nature of duties performed, responsibility assumed, and level of difficulty so that the same descriptive title may be used to designate each position allocated to the class, similar qualifications may be required of persons appointed to the positions in the class, and the same pay rate or pay grade may be applied with equity.

     (6)  "Class series benchmark" means a representative position within a class series that is used to illustrate the application of the job evaluation factors that are used to classify positions in the classification plan. A benchmark description describes the duties and responsibilities assigned and the factors applied to the class series benchmark.

     (7)  "Class specification" means a written descriptive statement of the duties and responsibilities characteristic of a class of positions and includes the education, experience, knowledge, skills, abilities, and qualifications necessary to perform the work of the class.

     (8)  "Compensation" means the annual or hourly wage or salary and includes the state contribution to group benefits under the provisions of 2-18-703.

     (9)  "Competencies" means sets of measurable and observable knowledge, skills, abilities, and behaviors that contribute to success in a job.

     (9)(10) "Department" means the department of administration created in 2-15-1001.

     (10)(11) Except in 2-18-306, "employee" means any state employee other than an employee excepted under 2-18-103 or 2-18-104 from the statewide classification system.

     (11)(12) "Entry salary" means the entry-level base salary for each grade provided in 2-18-312.

     (12)(13) "Grade" means the number assigned to a pay range within a pay schedule in part 3 of this chapter.

     (13)(14) "Job sharing" means the sharing by two or more persons of a position.

     (14)(15) "Market ratio" means an employee's base salary divided by the market salary for the employee's pay grade.

     (15)(16) "Market salary" means the midpoint in a pay grade provided in 2-18-312, based on the average base salary that other employers pay to employees in comparable occupations as determined by the department's salary survey of the relevant labor market.

     (16)(17) "Permanent employee" means an employee who is designated by an agency as permanent and who has attained or is eligible to attain permanent status.

     (17)(18) "Permanent status" means the state an employee attains after satisfactorily completing an appropriate probationary period.

     (18)(19) "Personal staff" means those positions occupied by employees appointed by the elected officials enumerated in Article VI, section 1, of the Montana constitution or by the public service commission as a whole.

     (19)(20) "Position" means a collection of duties and responsibilities currently assigned or delegated by competent authority, requiring the full-time, part-time, or intermittent employment of one person.

     (20)(21) "Program" means a combination of planned efforts to provide a service.

     (21)(22) "Seasonal employee" means a permanent employee who is designated by an agency as seasonal, who performs duties interrupted by the seasons, and who may be recalled without the loss of rights or benefits accrued during the preceding season.

     (22)(23) "Short-term worker" means a person who:

     (a)  is hired by an agency for an hourly wage established by the agency;

     (b)  may not work for the agency for more than 90 days in a continuous 12-month period;

     (c)  is not eligible for permanent status;

     (d)  may not be hired into another position by the agency without a competitive selection process; and

     (e)  is not eligible to earn the leave and holiday benefits provided in part 6 or the group insurance benefits provided in part 7.

     (23)(24) "Temporary employee" means an employee who:

     (a)  is designated as temporary by an agency for a definite period of time not to exceed 12 months;

     (b)  performs temporary duties or permanent duties on a temporary basis;

     (c)  is not eligible for permanent status;

     (d)  is terminated at the end of the employment period; and

     (e)  is not eligible to become a permanent employee without a competitive selection process."



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

     "2-18-301.  Purpose and intent of part -- rules. (1) The purpose of this part is to provide the market-based compensation necessary to attract and retain competent and qualified employees in order to perform the services that the state is required to provide to its citizens.

     (2)  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 and excluding employees compensated under 2-18-313 and 2-18-315, be based on an analysis of the labor market as provided by the department in a 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.

     (3)  Except as provided in 2-18-110, pay adjustments and pay schedules provided for in 2-18-303 and in 2-18-312, 2-18-313, and 2-18-315 supersede any other plan or systems established through collective bargaining after the adjournment of the 55th 56th legislature.

     (4)  Pay levels provided for in 2-18-312, 2-18-313, and 2-18-315 may not be increased through collective bargaining after adjournment of the 55th 56th legislature.

     (5)  Total funds required to implement the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the 55th 56th legislature.

     (6)  The department shall administer the pay program established by the legislature on the basis of merit, internal equity, and competitiveness to external labor markets when fiscally able.

     (7)  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)  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."



     Section 3.  Section 2-18-303, MCA, is amended to read:

     "2-18-303.  Procedures for using pay schedules. (1) The pay schedules provided in 2-18-312 must be implemented as follows:

     (a)  The pay schedules provided in 2-18-312 indicate the entry salary and market salary for each grade for positions classified under the provisions of part 2 of this chapter.

     (b)  Each employee newly hired by the state of Montana must be hired at the entry rate, except as provided in subsections (7) and (8) (6) through (9).

     (c)  On the first day of the first complete pay period in fiscal year 1998 2000, each employee is entitled to the amount of the employee's base salary as it was on June 30, 1997 1999.

     (d)  (i) Effective on the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 1998, and June 30, 1999, an employee's market ratio must be compared to the target market ratio in the matrix that corresponds to the employee's grade level and completed years of uninterrupted state service. Effective on the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 2000, and June 30, 2001, the employee's base salary must be increased by 3% or by a lesser amount so that the employee's base salary after the increase does not exceed the maximum salary of the pay grade as provided in subsection (1)(f). An employee's base salary increases resulting from subsection (1)(e) and this subsection may not exceed a maximum of 3% in each fiscal year. For employees hired on or before September 30, 1994, the anniversary date is October 1.

     (ii) The matrix for the target market ratios is as follows:

TARGET MARKET RATIOS

Grade Years      

     0     1     2     3     4     5     6     7     8     9     10

4     0.844     0.874     0.904     0.935     0.967     0.999     1.000     1.000     1.000     1.000     1.000

5     0.842     0.871     0.900     0.930     0.961     0.992     1.000     1.000     1.000     1.000     1.000

6     0.840     0.868     0.896     0.925     0.955     0.985     1.000     1.000     1.000     1.000     1.000

7     0.838     0.865     0.892     0.920     0.949     0.978     1.000     1.000     1.000     1.000     1.000

8     0.836     0.862     0.889     0.916     0.944     0.972     1.000     1.000     1.000     1.000     1.000

9     0.834     0.859     0.885     0.911     0.938     0.965     0.993     1.000     1.000     1.000     1.000

10     0.832     0.857     0.882     0.908     0.934     0.961     0.988     1.000     1.000     1.000     1.000

11     0.830     0.854     0.878     0.903     0.928     0.954     0.980     1.000     1.000     1.000     1.000

12     0.828     0.851     0.875     0.899     0.924     0.949     0.975     1.000     1.000     1.000     1.000

13     0.826     0.849     0.872     0.896     0.920     0.945     0.970     0.996     1.000     1.000     1.000

14     0.824     0.846     0.869     0.892     0.915     0.939     0.963     0.988     1.000     1.000     1.000

15     0.822     0.844     0.866     0.888     0.911     0.934     0.958     0.982     1.000     1.000     1.000

16     0.820     0.841     0.863     0.885     0.907     0.930     0.953     0.977     1.000     1.000     1.000

17     0.818     0.839     0.860     0.882     0.904     0.926     0.949     0.972     0.996     1.000     1.000

18     0.816     0.836     0.857     0.878     0.899     0.921     0.943     0.966     0.989     1.000     1.000

19     0.814     0.834     0.854     0.875     0.896     0.917     0.939     0.961     0.984     1.000     1.000

20     0.812     0.831     0.851     0.871     0.892     0.913     0.935     0.957     0.979     1.000     1.000

21     0.810     0.829     0.849     0.869     0.889     0.910     0.931     0.953     0.975     0.997     1.000

22     0.808     0.827     0.846     0.866     0.886     0.906     0.927     0.948     0.970     0.992     1.000

23     0.806     0.825     0.844     0.863     0.883     0.903     0.923     0.944     0.965     0.987     1.000

24     0.804     0.822     0.841     0.860     0.879     0.899     0.919     0.940     0.961     0.982     1.000

25     0.802     0.820     0.838     0.857     0.876     0.895     0.915     0.935     0.956     0.977     0.999

     (iii) On the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 1998, and June 30, 1999, the employee's base salary must be increased to the greater of:

     (A)  the market salary for the employee's grade multiplied by the target ratio that corresponds to the employee's grade level and completed years of uninterrupted state service not to exceed 4%;

     (B)  if under subsection (1)(d)(iii)(A), progression from one target market ratio to the next exceeds 3%, then the employee's base salary increased by the amount of that progression plus 1%; or

     (C)  the employee's base salary as it was on the last day of the pay period immediately preceding the pay period that includes the employee's anniversary date, plus 1%.

     (e)  An employee's base salary may be no less than the entry salary for the employee's assigned grade.

     (f)  The maximum salary for each grade is determined by subtracting the entry salary from the market salary and adding that amount to the market salary.

     (2)  The pay schedules provided in 2-18-312 and the provisions of subsection (1) of this section do not apply to those teachers or blue-collar occupations compensated under the pay schedules provided in 2-18-313 and 2-18-315.

     (3)  The pay schedules provided in 2-18-313 and 2-18-315 must be implemented as follows:

     (a)  (i) The pay schedules provided for in 2-18-313 indicate the annual compensation for teachers employed under the authority of the department of corrections or the department of public health and human services for fiscal years 1998 2000 and 1999 2001.

     (ii) The compensation of each teacher on July 1, 1997 1999, is the same as it was on June 30, 1997 1999.

     (iii) On the first day of the first pay period that includes October 1 of each fiscal year, a teacher employed under the authority of the department of public health and human services or the department of corrections before October 1, 1994, shall advance one step on the appropriate pay schedule adopted in 2-18-313. A teacher hired after October 1, 1994, shall advance on the teacher's actual anniversary date.

     (b)  (i) The pay schedules provided in 2-18-315 indicate the maximum hourly compensation for fiscal years ending June 30, 1998 2000, and June 30, 1999 2001, for employees in apprentice trades and crafts and other blue-collar occupations recognized in the state blue-collar classification plan who are members of units that have collectively bargained separate classification and pay plans.

     (ii) The compensation of each employee on the first day of the first pay period in each fiscal year is that amount corresponding to the grade occupied on the last day of the preceding fiscal year.

     (4)  (a) (i) A member of a bargaining unit may not receive a pay increase until the employer's collective bargaining representative receives written notice that the employee's bargaining unit has ratified a completely integrated collective bargaining agreement covering the biennium ending June 30, 1999 2001.

     (ii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1997 1999, retroactivity to that date may be negotiated.

     (iii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1997 1999, members of the bargaining unit must continue to receive the compensation that they were receiving as of June 30, 1997 1999, until an agreement is ratified.

     (b)  Methods of administration not inconsistent with the purpose of this part and necessary to properly implement the pay schedules and adjustments provided in 2-18-312, 2-18-313, 2-18-315, and this section may be provided for in collective bargaining agreements.

     (5)  The current wage or salary of an employee may not be reduced by the implementation of the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315.

     (6)  The department may authorize a separate pay schedule for medical doctors if the rates provided in 2-18-312 are not sufficient to attract and retain fully licensed and qualified physicians at the state institutions.

     (7)  (a) The department may develop and implement an alternative pay and classification plan through demonstration projects for certain classes, occupations, and work units. Pay for employees in the alternative pay and classification plan may be established and changed based on demonstrated competencies and accomplishments, on the labor market, and on other situations defined by the department.

     (b)  (i) The department may develop demonstration projects for protective service and public safety classes, information technology classes, brand inspector classes in the department of livestock, managers in the department of commerce, counselors and resident care aides at the Montana chemical dependency center, health care facility surveyors at the department of public health and human services, classes in the department of revenue, and any other class or work unit appropriate for a demonstration project, as determined by the department.

     (ii) To the extent that a project applies to employees within a collective bargaining unit, the implementation of the project is a negotiable subject under 39-31-305.

     (iii) No employee whose position is excepted from the provisions of this section under this subsection (7)(b) will receive a pay increase for the fiscal years ending 2000 and 2001 less than that prescribed under this section.

     (7)(8)  The department may develop programs that enable the department to mitigate problems associated with difficult recruitment, retention, transfer, or other exceptional circumstances. To the extent that the program applies to employees within a collective bargaining unit, it is a negotiable subject under 39-31-305.

     (8)(9)  The department shall review the competitiveness of the compensation provided to all occupations under this part. If the department finds that substantial problems exist with recruitment and retention because of inadequate salaries when compared to competing employers, the department may establish criteria allowing an adjustment in pay or classification to mitigate the problems. To the extent that these adjustments apply to employees within a collective bargaining unit, the implementation of these adjustments is a negotiable subject under 39-31-305."



     Section 4.  Section 2-18-304, MCA, is amended to read:

     "2-18-304.  Longevity allowance. (1) (a) In addition to the compensation provided for in 2-18-303, 2-18-312, 2-18-313, or 2-18-315, each employee who has completed 5 years of uninterrupted state service must receive 1.5% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.

     (b)  Beginning October 1, 1999, in addition to the longevity allowance provided under subsection (1)(a), each employee who has completed 15 years of uninterrupted state service or completed 20 years of uninterrupted state service must receive an additional 0.5% of the employee's base salary for each of those additional 5 years of uninterrupted service.

     (b)(c)  Service to the state is not interrupted by authorized leaves of absence.

     (2)  (a) For the purpose of determining years of service under this section, an employee must be credited with 1 year of service for each period of:

     (i)  2,080 hours of service following the employee's date of employment; an employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period; or

     (ii) 12 uninterrupted calendar months following the employee's date of employment in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any month. An employee of a school at a state institution or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.

     (b)  State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.

     (3)  For the purposes of calculating longevity, employment as a short-term worker does not apply toward years of service."



     Section 5.  Section 2-18-312, MCA, is amended to read:

     "2-18-312.  Statewide pay schedules for fiscal years 1998 and 1999. (1) The statewide classification pay schedule for the period beginning on the first day of the first full pay period in fiscal year 1998 2000, is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- State      Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

     GRADE ENTRY SALARY MARKET SALARY

      1 8,986 10,571

      2 9,679 11,413

      3 10,424 12,323

      4 11,234 13,312

      5 12,140 14,419

      6 13,118 15,618

      7 14,171 16,910

      8 15,360 18,372

      9 16,630 19,941

      10 18,039 21,680

      11 19,570 23,578

      12 21,269 25,687

      13 23,112 27,980

      14 25,151 30,523

      15 27,399 33,331

      16 29,903 36,469

      17 32,698 39,974

      18 35,779 43,848

      19 39,233 48,198

      20 43,086 53,060

      21 47,367 58,478

      22 52,149 64,541

      23 57,543 71,393

      24 63,601 79,104

      25 70,302 87,657

     (2)  Effective on the first day of the first full pay period in fiscal year 1999, the statewide classification pay schedule is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- State Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

     GRADE ENTRY SALARY MARKET SALARY

      1  9,076 10,677

      2  9,776 11,527

      3 10,528 12,446

      4 11,346 13,445

      5 12,261 14,563

      6 13,249 15,774

      7 14,313 17,079

      8 15,514 18,556

      9 16,796 20,140

      10 18,219 21,897

      11 19,766 23,814

      12 21,482 25,944

      13 23,343 28,260

      14 25,403 30,828

      15 27,673 33,664

      16 30,202 36,834

      17 33,025 40,374

      18 36,137 44,286

      19 39,625 48,680

      20 43,517 53,591

      21 47,841 59,063

      22 52,670 65,186

      23 58,118 72,107

      24 64,237 79,895

      25 71,005 88,534

     (2)  Effective on the first day of the pay period that includes October 1, 1999, the statewide classification pay schedule is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- State Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

     GRADE ENTRY SALARY MARKET SALARY

      1 9,075 10,677

      2 9,776 11,527

      3 10,529 12,447

      4 11,346 13,445

      5 12,262 14,562

      6 13,283 15,814

      7 14,383 17,164

      8 15,631 18,695

      9 16,964 20,342

      10 18,445 22,171

      11 20,064 24,172

      12 21,859 26,397

      13 23,810 28,827

      14 25,975 31,520

      15 28,365 34,507

      16 31,032 37,848

      17 34,014 41,585

      18 37,222 45,614

      19 40,814 50,140

      20 44,824 55,199

      21 49,275 60,836

      22 54,251 67,140

      23 59,860 74,271

      24 66,163 82,291

      25 73,135 91,189

     (3)  Effective on the first day of the pay period that includes October 1, 2000, the statewide classification pay schedule is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- State Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

      GRADE ENTRY SALARY MARKET SALARY

      1 9,075 10,677

      2 9,776 11,527

      3 10,529 12,447

      4 11,346 13,445

      5 12,262 14,562

      6 13,316 15,854

      7 14,456 17,249

      8 15,748 18,834

      9 17,135 20,546

      10 18,676 22,447

      11 20,365 24,534

      12 22,241 26,859

      13 24,286 29,403

      14 26,560 32,230

      15 29,074 35,370

      16 31,884 38,888

      17 35,036 42,833

      18 38,339 46,983

      19 42,039 51,644

      20 46,170 56,885

      21 50,754 62,660

      22 55,877 69,154

      23 61,655 76,498

      24 68,147 84,760

      25 75,329 93,924"



     Section 6.  Section 2-18-313, MCA, is amended to read:

     "2-18-313.  Teachers' pay schedules. (1) The pay schedule for teachers for the period that includes October 1, 1997, until the first day of the pay period that includes October 1, 1998 1999, until the first day of the pay period that includes October 1, 2000, is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Term -- Twelve Months Matrix Type -- Annual

Education Level

      STEP BA BA+1 BA+2 BA+3 MA MA+1

      1 23,642 24,351 25,082 25,834 26,609 27,407

      2 24,351 25,082 25,834 26,609 27,407 28,230

      3 25,082 25,834 26,609 27,407 28,230 29,077

      4 25,834 26,609 27,407 28,230 29,077 29,949

      5 26,609 27,407 28,230 29,077 29,949 30,847

      6 27,407 28,230 29,077 29,949 30,847 31,773

      7 28,230 29,077 29,949 30,847 31,773 32,726

      8 29,077 29,949 30,847 31,773 32,726 33,708

      9 29,949 30,847 31,773 32,726 33,708 34,719

      10 30,847 31,773 32,726 33,708 34,719 35,761

      11 31,773 32,726 33,708 34,719 35,761 36,833

      12 32,726 33,708 34,719 35,761 36,833 37,938

     (2)  Effective on the first day of the pay period that includes October 1, 1998, the pay schedule for teachers is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Term -- Twelve Months Matrix Type -- Annual

Education Level

     STEP BA BA+1 15 BA+2 30 BA+3 45 MA BA+60 MA+1 BA+75

      1 23,642 24,351 25,082 25,834 26,609 27,407

      2 24,351 25,082 25,834 26,609 27,407 28,230

      3 25,082 25,834 26,609 27,407 28,230 29,077

      4 25,834 26,609 27,407 28,230 29,077 29,949

      5 26,609 27,407 28,230 29,077 29,949 30,847

      6 27,407 28,230 29,077 29,949 30,847 31,773

      7 28,230 29,077 29,949 30,847 31,773 32,726

      8 29,077 29,949 30,847 31,773 32,726 33,708

      9 29,949 30,847 31,773 32,726 33,708 34,719

      10 30,847 31,773 32,726 33,708 34,719 35,761

      11 31,773 32,726 33,708 34,719 35,761 36,833

      12 32,726 33,708 34,719 35,761 36,833 37,938

      13 33,708 34,719 35,761 36,833 37,938 39,077

      1 24,351 25,082 25,834 26,609 27,407 28,229

      2 25,082 25,834 26,609 27,407 28,229 29,077

      3 25,834 26,609 27,407 28,229 29,077 29,949

      4 26,609 27,407 28,229 29,077 29,949 30,847

      5 27,407 28,229 29,077 29,949 30,847 31,772

      6 28,229 29,077 29,949 30,847 31,772 32,726

      7 29,077 29,949 30,847 31,772 32,726 33,708

      8 29,949 30,847 31,772 32,726 33,708 34,719

      9 30,847 31,772 32,726 33,708 34,719 35,761

      10 31,772 32,726 33,708 34,719 35,761 36,834

      11 32,726 33,708 34,719 35,761 36,834 37,938

      12 33,708 34,719 35,761 36,834 37,938 39,076

      13 34,719 35,761 36,833 37,939 39,076 40,248

     (2)  Effective on the first day of the pay period that includes October 1, 2000, the pay schedule for teachers is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Term -- Twelve Months Matrix Type -- Annual

      Education Level

STEP      BA BA + 15 BA + 30 BA + 45 BA + 60 BA + 75

1      25,082 25,834 26,609 27,407 28,229 29,076

2      25,834 26,609 27,407 28,229 29,076 29,949

3      26,609 27,407 28,229 29,076 29,949 30,848

4      27,407 28,229 29,076 29,949 30,848 31,773

5      28,229 29,076 29,949 30,848 31,773 32,726

6      29,076 29,949 30,848 31,773 32,726 33,708

7      29,949 30,848 31,773 32,726 33,708 34,719

8      30,848 31,773 32,726 33,708 34,719 35,761

9      31,773 32,726 33,708 34,719 35,761 36,833

10      32,726 33,708 34,719 35,761 36,833 37,939

11      33,708 34,719 35,761 36,833 37,939 39,076

12      34,719 35,761 36,833 37,939 39,076 40,248

13      35,761 36,834 37,938 39,077 40,248 41,456"



     Section 7.  Section 2-18-315, MCA, is amended to read:

     "2-18-315.  Blue-collar pay schedules. (1) The pay schedule for blue-collar workers for the period from July 1, 1997 1999, until the first day of the pay period that includes October 1997 1999 is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- Blue-Collar Matrix Type -- Hourly

      Grade Hour

      B1 9.995

      B2 10.395

      B3 10.795

      B4 11.195

      B5 11.595

      B6 11.995

      B7 12.395

      B8 12.795

      B9 13.195

      B10 13.595

      B11 13.995

      B12 14.395

      B00 14.795

      B1 10.515

      B2 10.915

      B3 11.315

      B4 11.715

      B5 12.115

      B6 12.515

      B7 12.915

      B8 13.315

      B9 13.715

      B10 14.115

      B11 14.515

      B12 14.915

      B00 15.315

     (2)  Effective on the first day of the pay period that includes October 1, 1997 1999, until the first day of the pay period that includes October 1998 2000, the pay schedule for blue-collar workers is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- Blue-Collar Matrix Type -- Hourly

      Grade Hour

      B1 10.245

      B2 10.645

      B3 11.045

      B4 11.445

      B5 11.845

      B6 12.245

      B7 12.645

      B8 13.045

      B9 13.445

      B10 13.845

      B11 14.245

      B12 14.645

      B00 15.045

      B1 10.895

      B2 11.295

      B3 11.695

      B4 12.095

      B5 12.495

      B6 12.895

      B7 13.295

      B8 13.695

      B9 14.095

      B10 14.495

      B11 14.895

      B12 15.295

      B00 15.695

     (3)  Effective on the first day of the pay period that includes October 1, 1998 2000, the pay schedule for blue-collar workers is as follows:

Annual Hours -- 2080 Note: Does Not Include Insurance

Pay Matrix -- Blue-Collar Matrix Type -- Hourly

     Grade Hour

      B1 10.515

      B2 10.915

      B3 11.315

      B4 11.715

      B5 12.115

      B6 12.515

      B7 12.915

      B8 13.315

      B9 13.715

      B10 14.115

      B11 14.515

      B12 14.915

      B00 15.315

      B1 11.275

      B2 11.675

      B3 12.075

      B4 12.475

      B5 12.875

      B6 13.275

      B7 13.675

      B8 14.075

      B9 14.475

      B10 14.875

      B11 15.275

      B12 15.675

      B00 16.075"



     Section 8.  Section 2-18-503, MCA, is amended to read:

     "2-18-503.  Mileage -- allowance. (1) Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds when using their own automobiles in the performance of official duties are entitled to collect mileage for the distance actually traveled by automobile and no more unless otherwise specifically provided by law.

     (2)  When the individual is authorized to operate a privately owned vehicle even though a government-owned or leased vehicle is available, a rate of 3 cents less per mile than the mileage rate allowed by the United States internal revenue service for the preceding current year must be paid.

     (3)  When a privately owned vehicle is used because a government-owned or leased vehicle is not available or because the use is in the best interest of the governmental entity, a rate equal to the mileage allotment allowed by the United States internal revenue service for the preceding current year must be paid for the first 1,000 miles and 3 cents less per mile for all additional miles traveled within a given calendar month.

     (4)  Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds, when using their own airplanes in the performance of official duties, are entitled to collect mileage for the nautical air miles actually traveled at a rate of twice the mileage allotment for automobile travel and no more unless specifically provided by law.

     (5)  This section does not alter 5-2-301.

     (6)  The department of administration shall prescribe policies necessary for the effective administration of this section for state government. The Montana Administrative Procedure Act, Title 2, chapter 4, does not apply to policies prescribed to administer this part."



     Section 9.  Section 2-18-703, MCA, is amended to read:

     "2-18-703.  Contributions. (1) Each agency, as defined in 2-18-601, shall contribute the amount specified in this section towards the group benefits cost.

     (2)  For employees defined in 2-18-701 and for members of the legislature, the employer contribution for group benefits is $245 per $270 a month for the fiscal year ending June 30, 1998, and $270 a month for the fiscal year ending June 30, 1999 period from July 1999 through December 1999, $285 a month for the period from January 2000 through December 2000, and $295 a month for January 2001 and for each succeeding fiscal year month. For employees of the Montana university system, the employer contribution for group benefits is $285 a month for the period from July 1999 through June 2000 and $295 a month for the period from July 2000 through June 2001 and for each succeeding month. When a state employee is terminated to achieve a reduction in force, the continuation of contributions for group benefits beyond the termination date is subject to negotiation under 39-31-305. Permanent part-time, seasonal part-time, and temporary part-time employees who are regularly scheduled to work less than 20 hours a week are not eligible for the group benefit contribution. An employee who elects not to be covered by a state-sponsored group benefit plan may not receive the state contribution. A portion of the employer contribution for group benefits may be applied to an employee's costs for participation in Part B of medicare under Title XVIII of the Social Security Act, as amended, if the state group benefit plan is the secondary payer and medicare the primary payer.

     (3)  For employees of elementary and high school districts and of local government units, the employer's premium contributions may exceed but may not be less than $10 a month.

     (4)  Unused employer contributions for any state employee must be transferred to an account established for this purpose by the department of administration and upon transfer may be used to offset losses occurring to the group of which the employee is eligible to be a member.

     (5)  Unused employer contributions for any government employee may be transferred to an account established for this purpose by a self-insured government and upon transfer may be used to offset losses occurring to the group of which the employee is eligible to be a member or to increase the reserves of the group.

     (6)  The laws prohibiting discrimination on the basis of marital status in Title 49 do not prohibit bona fide group insurance plans from providing greater or additional contributions for insurance benefits to employees with dependents than to employees without dependents or with fewer dependents."



     Section 10.  Section 5-2-301, MCA, is amended to read:

     "5-2-301.  Compensation and expenses for members while in session. (1) Except as provided in subsection (8), legislators are entitled to a salary commensurate to that of the daily rate of an entry grade 8 10 classified state employee in effect when the regular session of the legislature in which they serve is convened under 5-2-103 for those days during which the legislature is in session. The president of the senate and the speaker of the house shall must receive an additional $5 a day in salary for those days during which the legislature is in session.

     (2)  Legislators may serve for no salary.

     (3)  Subject to subsection (4), legislators are entitled to a daily allowance, 7 days a week, during a legislative session, as reimbursement for expenses incurred in attending a session. Expense payments must stop when the legislature recesses for more than 3 days and resume when the legislature reconvenes.

     (4)  After November 15, and prior to December 15 of each even-numbered year, the department of administration shall conduct a survey of the allowance for daily expenses of legislators for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the average daily expense allowance for Montana legislators in determining the average daily rate for legislators. The department shall include only states with specific daily allowances in the calculation of the average. If the average daily rate is greater than the daily rate for legislators in Montana, the average is the new daily rate for legislators for those days during which the legislature is in session. The expense allowance is effective when the next regular session of the legislature in which the legislators serve is convened under 5-2-103.

     (5)  Legislators are entitled to a mileage allowance as provided in 2-18-503 for each mile of travel to the place of the holding of the session and to return to their place of residence at the conclusion of the session.

     (6)  In addition to the mileage allowance provided for in subsection (5), legislators, upon submittal of an appropriate claim for mileage reimbursement to the legislative services division, are entitled to:

     (a)  three additional round trips to their place of residence during each regular session; and

     (b)  additional round trips as authorized by the legislature during special session.

     (7)  Legislators are not entitled to any additional mileage allowance under subsection (5) for a special session if it is convened within 7 days of a regular session.

     (8)  In lieu of the salary provided for in subsection (1) and the expense allowance provided for in subsection (4), a legislator may receive remuneration for services performed during a legislative session. A legislator choosing to receive remuneration for services performed shall file a request to receive payment under this subsection with the legislative services division. A legislator exercising the option to receive remuneration for services performed may not receive more remuneration than legislators paid pursuant to subsections (1) and (4). Remuneration for services performed must be reduced by an amount a day equal to the daily expense allowance for a legislator established under this section when the legislature recesses for more than 3 days."



     Section 11.  Continuation of health insurance for legislators. A legislator who is involuntarily terminated from performing service in either house of the legislature because of term limits is entitled to remain covered by the state's group health insurance plan and to the continuation of the employer's contributions to the employee's group health insurance plan for up to 6 months from the last day of the legislator's final term of office in that house. The provisions of this section are in addition to the rights and benefits provided under 2-18-704 and do not affect the right of a legislator to remain on the group health insurance plan after 6 months if the legislator is otherwise eligible under 2-18-704 to remain covered.



     Section 12.  Appropriations. The following money for the indicated fiscal years is appropriated to the listed agencies to implement the adjustments provided for in [sections 1 through 9]:

      Fiscal Year 2000 Fiscal Year 2001

      General Other General Other

      Fund Funds Fund Funds

Legislative Branch 106,820 25,563 256,094 60,984

Consumer Counsel 7,700 18,500

Judiciary 42,255 11,808 102,438 28,320

University System 3,197,875 1,595,010 7,050,711 3,811,167

Office of Budget and Program Planning:

     for distribution to other agencies 3,060,987 5,236,444 7,385,909 12,412,723

     personal services contingency 350,000 600,000 350,000 350,000



     Section 13.  Codification instruction. [Section 11] is intended to be codified as an integral part of Title 2, chapter 18, and the provisions of Title 2, chapter 18, apply to [section 11].



     Section 14.  Effective dates. (1) [Sections 1 through 7, and 9 through 13] are effective July 1, 1999.

     (2)  [Section 8 and this section] are effective on passage and approval.



     Section 15.  Retroactive applicability. [Section 8] applies retroactively, within the meaning of 1-2-109, to mileage expenses incurred on or after April 1, 1999.

- END -




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