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 on an analysis and comparison of the municipal and state government labor markets in North Dakota, South Dakota, Idaho, and Wyoming as provided by the department from the national compensation association of state governments salary survey and other information relative to the state government salaries and compensation in those states. For the biennium beginning July 1, 2013, the department shall determine this information before pay raises are implemented. For legislative sessions following the biennium beginning July 1, 2013, the department shall submit to the office of budget and program planning as a part of the information required by 17-7-111:
     (a) an analysis of how Montana government employee salaries and other compensation compare to the municipal and state government salaries in North Dakota, South Dakota, Idaho, and Wyoming; and
     (b) an analysis of the labor market as determined by the department in a biennial salary survey.
     (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) The department shall administer the pay program established by the legislature on the basis of competency, internal equity, and competitiveness to the municipal and state government labor markets in North Dakota, South Dakota, Idaho, and Wyoming. The intent is to bring all pay bands to the same relationship percentage of the market rate midpoint salary comparison when fiscally able.
     (5) The broadband pay plan must consist of nine pay bands. Each pay band must contain a salary range with a minimum salary and a maximum salary.
     (6) Based on the biennial salary survey, the department shall:
     (a) identify current market rates for all occupations;
     (b) establish salary ranges for each pay band; and
     (c) recommend competitive pay zones with the municipal and state government labor markets in North Dakota, South Dakota, Idaho, and Wyoming using the national compensation association of state governments salary survey and other relevant information for those states.
     (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.

     History: En. 59-922 by Sec. 8, Ch. 563, L. 1977; R.C.M. 1947, 59-922; amd. Sec. 3, Ch. 678, L. 1979; amd. Sec. 3, Ch. 421, L. 1981; amd. Sec. 7, Ch. 710, L. 1983; amd. Sec. 1, Ch. 740, L. 1985; amd. Sec. 2, Ch. 661, L. 1987; amd. Sec. 4, Ch. 660, L. 1989; amd. Sec. 2, Ch. 720, L. 1991; amd. Sec. 9, Ch. 349, L. 1993; amd. Sec. 1, Ch. 640, L. 1993; amd. Sec. 5, Ch. 455, L. 1995; amd. Sec. 11, Ch. 42, L. 1997; amd. Sec. 4, Ch. 417, L. 1997; amd. Sec. 2, Ch. 558, L. 1999; amd. Sec. 1, Ch. 553, L. 2001; amd. Sec. 1, Ch. 552, L. 2003; amd. Sec. 1, Ch. 6, L. 2005; amd. Sec. 10, Ch. 81, L. 2007; amd. Sec. 3, Ch. 7, L. 2009; amd. Sec. 1, Ch. 385, L. 2013.