- 2025
69th Legislature 2025 HB 323
- 1 - Authorized Print Version – HB 323
ENROLLED BILL
AN ACT ALLOWING A COUNTY TO PROVIDE A SALARY COMPENSATION TO RESERVE DEPUTY
SHERIFF'S OFFICERS; AND AMENDING SECTION 7-4-2503, MCA.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-4-2503, MCA, is amended to read:
"7-4-2503. (1) (a) The
salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor, county
superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries
as provided in 7-4-2812, justice of the peace, county coroner, and county auditor in all counties in which the
office is authorized must be established by the county governing body based upon the recommendations of the
county compensation board provided for in subsection (4).
(b) Except as provided in subsection (2), the annual salary established pursuant to subsection
(1)(a) must be uniform for all county officers referred to in subsection (1)(a).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based
upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools who
holds a master of arts degree or a master's degree in education, with an endorsement in school administration,
from a unit of the Montana university system or an equivalent institution may, at the discretion of the county
commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 a year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of
$2,000 a year. The additional salary provided in this subsection (2)(b) must be included as salary for the
purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
(c) In addition to the salary provided for in subsections (1) and (2)(b), the county sheriff may
receive any additional salary as determined by the board of county commissioners. The additional salary - 2025
69th Legislature 2025 HB 323
- 2 - Authorized Print Version – HB 323
ENROLLED BILL
provided in this subsection (2)(c) must be included as salary for the purposes of computing the compensation
for undersheriffs and deputy sheriffs as provided in 7-4-2508.
(d) The county sheriff must receive a longevity payment amounting to 1% of the salary determined
under subsections (1) and (2)(b) for each year of service with the sheriff's office. The payment, nonpayment,
increase, lack of increase, or decrease of the discretionary salary under subsection (2)(c) has no impact on the
longevity payment. The additional salary amount provided for in this subsection may not be included in the
salary for purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-
2508.
(e) If the clerk and recorder is also the county election administrator, the clerk and recorder may
receive, in addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary
provided for in this subsection (2)(e) may not be included as salary for the purposes of computing the
compensation of any other county officers or employees.
(f) The county treasurer, clerk of district court, and justice of the peace may each receive, in
addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary provided for
in this subsection (2)(f) may not be included as salary for the purposes of computing the compensation of any
other county officers or employees.
(g) The county coroner may be a part-time position, and the salary may be set accordingly.
(h) The justice of the peace for a justice's court of record may receive, in addition to the base
salary provided in subsection (1)(a), compensation up to an amount allowed by 3-10-207.
(i) A reserve deputy sheriff's officer may be compensated in a manner determined by the board of
county commissioners.
(3) (a) Subject to subsection (3)(b), the salary for the county attorney must be set as provided in
subsection (4).
(b) If the uniform base salary set for county officials pursuant to subsection (1) is increased, then
the county attorney is entitled to at least the same increase unless the increase would cause the county
attorney's salary to exceed the salary of a district court judge.
(c) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney
is entitled to an increase in salary of $1,000 on the anniversary date of employment as deputy county attorney. - 2025
69th Legislature 2025 HB 323
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ENROLLED BILL
After completing 5 years of service as deputy county attorney, each deputy county attorney is entitled to an
additional increase in salary of $1,500 on the anniversary date of employment. After completing 6 years of
service as deputy county attorney and for each year of additional service up to completion of the 11th year of
service, each deputy county attorney is entitled to an additional annual longevity salary increase of $500 or a
greater amount based on the schedule developed and recommended by the county compensation board as
provided in subsection (4). Any additional annual longevity salary increase provided for in this section after the
11th year of service may not exceed the amount provided in the schedule developed and recommended by the
county compensation board.
(ii) The years of service accumulated after the 11th year of service as a deputy county attorney
prior to July 1, 2015, may not be included in the calculation of the longevity increases by the county
compensation board under this section.
(iii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be
included in the calculation of the longevity increase.
(4) (a) There is a county compensation board consisting of:
(i) the county commissioners;
(ii) three of the county officials described in subsection (1) appointed by the board of county
commissioners;
(iii) the county attorney;
(iv) two to four resident taxpayers appointed initially by the board of county commissioners to
staggered terms of 3 years, with the initial appointments of one or two taxpayer members for a 2-year term and
one or two taxpayer members for a 3-year term; and
(v) (A) subject to subsection (4)(a)(v)(B), one resident taxpayer appointed by each of the three
county officials described in subsection (4)(a)(ii).
(B) The appointments in subjection (4)(a)(v)(A) are not mandatory.
(b) The county compensation board shall hold hearings annually for the purpose of reviewing the
compensation paid to county officers. The county compensation board may consider the compensation paid to
comparable officials in other Montana counties, other states, state government, federal government, and private
enterprise. - 2025
69th Legislature 2025 HB 323
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ENROLLED BILL
(c) The county compensation board shall prepare a compensation schedule for the elected county
officials, including the county attorney, for the succeeding fiscal year. The schedule must take into
consideration county variations, including population, the number of residents living in unincorporated areas,
assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to
reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the
county.
(d) A recommended compensation schedule requires a majority vote of the county compensation
board, and at least two county commissioners must be included in the majority. A recommended compensation
schedule may not reduce the salary of a county officer that was in effect on May 1, 2001.
(e) The provisions of this subsection (4) do not apply to a county that has adopted a charter form
of government or to a charter, consolidated city-county government."
- END - I hereby certify that the within bill,
HB 323, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 323
INTRODUCED BY S. FITZPATRICK
AN ACT ALLOWING A COUNTY TO PROVIDE A SALARY COMPENSATION TO RESERVE DEPUTY
SHERIFF'S OFFICERS; AND AMENDING SECTION 7-4-2503, MCA.”