1999 Montana Legislature

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HOUSE BILL NO. 135

INTRODUCED BY STOVALL, PECK, MERCER, SWANSON, HARRINGTON, CRIPPEN, STANG, DOHERTY, MOHL, BARNETT, BOOKOUT-REINICKE, MASOLO, SIMON, CURTISS, P. CLARK, MCCULLOCH, FACEY, TROPILA, DELL, G. BECK, LYNCH, HARGROVE, HARP, GROSFIELD, SHEA, GUTSCHE, BUZZAS, GUGGENHEIM, JERGESON, SCHMIDT, KRENZLER, SLITER, BITNEY, SHOCKLEY, MCGEE, MOOD, FUCHS, HAINES, TASH, YOUNKIN, LINDEEN, SOFT, J. HOLDEN, GILLAN, GOLIE, QUILICI, GALLUS, JUNEAU, ZOOK, R. CLARK, HARPER, ERICKSON, WILSON, GRIMES, DEPRATU, HALLIGAN, WILLIAMS, MAHLUM, JABS, BARTLETT, GALVIN-HALCRO

BY REQUEST OF THE DEPARTMENT OF JUSTICE

Montana State Seal

AN ACT PROVIDING AN APPROPRIATION FOR PAY INCREASES FOR CERTAIN DEPARTMENT OF JUSTICE PROTECTIVE SERVICE PROFESSIONALS; AND PROVIDING AN EFFECTIVE DATE.



     WHEREAS, the Department of Justice is the state's principal law enforcement agency and provides essential services for the safety of the public, including but not limited to highway safety; and

     WHEREAS, it is in the best interest of the citizens of Montana to have the ability to travel safely on the streets and highways of Montana; and

     WHEREAS, financial loss to the citizens of the State of Montana associated with motor vehicle crashes amounted to $509 million in 1997; and

     WHEREAS, providing public safety on Montana streets and highways is a primary responsibility of the State Highway Patrol; and

     WHEREAS, the 55th Legislature, recognizing the unique nature of law enforcement services and the importance of retaining qualified law enforcement personnel, directed the Department of Administration, through Senate Bill No. 269, to study a pay schedule for protective service professionals, develop draft legislation, and report on the results of that study; and

     WHEREAS, the Department of Administration report recommends that protective service professionals have an alternative classification and pay plan that recognizes the unique needs of law enforcement work, broadens current pay ranges, and retains pay equity, comparable worth, and legislative control over total funding; and

     WHEREAS, an independent salary study shows highway patrol officer compensation to be 85% to 90% of the compensation paid to other Montana law enforcement agencies and as much as $6,300 less for an entry-level officer than for similar positions in contiguous states; and

     WHEREAS, the Highway Patrol continues to experience the loss of career officers to other law enforcement agencies and careers because of higher levels of pay; and

     WHEREAS, entry level highway patrol officers are currently not eligible for a programmed, experience-based, salary increase prior to 5 years of service; and

     WHEREAS, the Highway Patrol must be able to compete with other law enforcement agency pay structures to attract and retain qualified and competent officers to maintain critical public traffic safety services.



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



     Section 1.  Appropriation for pay increases -- conditions -- definition. (1) For the biennium ending June 30, 2001, there is appropriated to the department of justice a total of $1,980,307, as follows:

FY 2000 FY 2001

General fund $ 70,180 $ 93,573

State special revenue 751,852 944,850

Federal special revenue 51,366 68,486

     (2) The amounts appropriated under subsection (1) must be used to provide pay increases for all department of justice protective service professionals in addition to any other pay plan increases and in accordance with the provisions of 2-18-303(7) and (8).

     (3) To the extent funding is available:

     (a) effective the first full pay period in October 1999, each protective service professional must receive a pay increase equal to an increase of one pay grade; and

     (b) beginning the first full pay period in October 1999, each highway patrol officer, as defined in 61-1-305, in an entry-level position must receive periodic incremental increases extending over no more than 5 years sufficient to increase the officer's pay to an amount equal to the pay grade of a senior highway patrol officer.

     (4) For the purposes of this section, "protective service professional" means a "highway patrol officer", as that term is defined in 61-1-305, an "agent", as that term is defined in 44-2-111, or a person authorized by the department of justice to conduct a motor carrier safety inspection pursuant to 44-1-1005, except that protective service professional does not include personnel in appointed exempt positions provided for under 2-18-104.



     Section 2.  Coordination instruction. If House Bill No. 13 and [this act] are both passed and approved and if House Bill No. 13 authorizes the department of administration to develop and implement a demonstration project for an alternative classification and pay plan encompassing department of justice protective service professionals, then [section 1 of this act] must read as follows:

     " Section 1.  Appropriation for pay increases -- conditions -- definition. (1) For the biennium ending June 30, 2001, there is appropriated to the department of justice a total of $1,980,307, as follows:

FY 2000 FY 2001

General fund $ 70,180 $ 93,573

State special revenue 751,852 944,850

Federal special revenue 51,366 68,486

     (2) The amounts appropriated under subsection (1) must be in addition to any other pay plan increases and must be used to fund a department of administration alternative classification and pay plan demonstration project encompassing department of justice protective service professionals.

     (3) For the purposes of this section, "protective service professional" means a "highway patrol officer", as that term is defined in 61-1-305, an "agent", as that term is defined in 44-2-111, or a person authorized by the department of justice to conduct a motor carrier safety inspection pursuant to 44-1-1005, except that protective service professional does not include personnel in appointed exempt positions provided for under 2-18-104."



     Section 3.  Effective date. [This act] is effective July 1, 1999.

- END -




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