ON STATE ADMINISTRATION

Transcription

54th Legislature-SB0025.011SENATE BILL NO. 252INTRODUCED BY JERGESON3BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION45A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATE PERSONNEL LAWS BY CLARIFYING THE6AUTHORITY OF THE DEPARTMENT OF ADMINISTRATION TO ADOPT RULES TO IMPLEMENT THE LAWS7AND BY SUBSTITUTING AN INTERNAL SERVICES FUND ACCOUNT FOR A STATE SPECIAL REVENUE8FUND ACCOUNT AS THE ACCOUNT INTO WHICH FUNDS FROM CHARGES TO STATE AGENCIES FOR9ADMIN[STRATION OF THE STATE CENTRAL PAYROLL SYSTEM ARE DEPOSITED; AMENDING SECTIONS1011122-18-102 AND 2-18-403, MCA; AND PROVIDING AN EFFECTIVE DATE.".BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:13,.,14Section 1. Section 2-18-102, MCA, is amended to read:15"2-18-102. Personnel administration --general policy setting. (11 Except as otherwise provided by161718(a) encourage and exercise leadership in the development of effective personnel administrationwithin the several agencies in the state and make available the facilities of the department to this end;19(b) foster and develop programs for recruitment and selection of capable persons for permanent,20seasonal, temporary, and other types of positions and for the improvement of employee effectiveness,21including training, safety, health, counseling, welfare, discipline, grievances, and evaluation for productivity22and retention in permanent status;23(c) foster, develop, and promote job sharing in agencies;24(d) investigate from time to time the operation and effect of parts 1 and 2 of this chapter and the25policies made tl leFe1:1nEleF under those parts and report the findings and recommendations to the governor;26(e) establish policies, procedures, and forms for the maintenance of records of all employees in the2728-law or collective bargaining agreement, the department shall:state service;ff) apply and carry out parts 1 and 2 and the policies tl leFe1:1nEler under those parts and perform29any other lawful acts30of parts 1 and 2. 1b.fil may be necessary or desirable to carry out the purposes and provisions '1' Lar,l lattv Count:11- 1 -SB 25INTRODUCED BILL

S60025.0154th Legislature1(2) The department may delegate authority granted to it under parts 1 and 2 to agencies in the2state service that effectively demonstrate the ability to carry out the provisions of parts 1 and 2, provided3that StteA the agencies remain in compliance with policies, procedures, timetables, and standards4established by the department.5(3) The department shall develop and issue personnel policies for the state and shall adopt rules6to implement this chapter. Adequate public notice &1:1&11 must be given to all interested parties of proposed7changes or additions to the personnel policies before the date on which they are to take effect. If requested8by any of the affected parties, the department shall schedule a public hearing on proposed changes or9additions to the personnel policies before the date on which they are to take effect."-1011Section 2. Section 2-18-403, MCA, is amended to read:12"2-18-403. Service charges. The department of administration may provide for a system of charges13for services rendered by the state central payroll system to any department or agency of the state. Funds14collected under this section must be deposited to the credit of a Ma*e epeeial Fe 1,0Aue an internal services15fund account and expended for the purpose of paying the expenses incurred by the state central payroll16system."1718NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 1995.19-END-I&: - ,.,,,.,.,,v.-2CoundtSB 25

54th LegislatureSB0025.02APPROVED BY COMMITTEEON STATE ADMINISTRATIONSENATE BILL NO. 252INTRODUCED BY JERGESON3BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION45A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATE PERSONNEL LAWS BY CLARIFYING THE6AUTHORITY OF THE DEPARTMENT OF ADMINISTRATION TO ADOPT RULES TO IMPLEMENT THE LAWS7AND BY SUBSTITUTING AN INTERNAL SERVICES FUND ACCOUNT FOR A STATE SPECIAL REVENUE8FUND ACCOUNT AS THE ACCOUNT INTO WHICH FUNDS FROM CHARGES TO STATE AGENCIES FOR9ADMINISTRATION OF THE STATE CENTRAL PAYROLL SYSTEM ARE DEPOSITED; AMENDING SECTIONS102-18-102, 2-18-401, AND 2-18-403, MCA; AND PROVIDING AN EFFECTIVE DATE."11STATEMENT OF INTENT121314A STATEMENT OF INTENT IS REQUIRED FOR THIS BILL BECAUSE 2-18-102 REQUIRES THE15DEPARTMENT OF ADMINISTRATION TO ADOPT ADMINISTRATIVE RULES CONTAINING PERSONNEL16POLICIES AND 2-18-401 AUTHORIZES THE DEPARTMENT TO ADOPT RULES REGARDING THE17OPERATION OF THE STATE CENTRAL PAYROLL SYSTEM.18THE LEGISLATURE INTENDS THAT RULES CONTAINING PERSONNEL POLICIES SHOULD ADDRESS19EMPLOYEE RECORDS, PERFORMANCE APPRAISALS, GRIEVANCES. DISCIPLINE, REDUCTIONS IN FORCE,20RECRUITMENT. SELECTION, AND TRAINING.21THE LEGISLATURE INTENDS THAT RULES CONCERNING PAYROLL DEDUCTIONS SHOULD22ADDRESS THE PAYROLL DEDUCTION PROCESS AND SHOULD SET CRITERIA FOR THE KINDS OF23PAYMENTS THAT CAN BE MADE THROUGH PAYROLL DEDUCTIONS.24PAYROLL DEDUCTIONS THAT SHOULD BE ADDRESSED BY THE RULES ARE PAYMENT OF INSURANCE25PREMIUMS, BANK AND CREDIT UNION PAYMENTS, CHARITABLE CONTRIBUTIONS, AND WAGE26GARNISHMENTS.EXAMPLES OF TYPES OF2728BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:2930Section 1. Section 2-18-102, MCA, is amended to read:- 1 n a Ler,lslatlve CouncilSB 25SECOND READING

SB0025.0254th Legislature"2-18-102. Personnel administration -- general policy setting. I 1) Except as otherwise provided by2law or collective bargaining agreement, the department shall:{a) encourage and exercise leadership in the development of effective personnel administration34within the several agencies in the state and make available the facilities of the department to this end;5lb) foster and develop programs for recruitment and selection of capable persons for permanent,6seasonal, temporary, and other types of positions and for the improvement of employee effectiveness,7including training, safety, health, counseling, welfare, discipline, grievances, and evaluation for productivity8and retention in permanent status;9{c) foster, develop, and promote job sharing in agencies;1O{d) investigate from time to time the operation and effect of parts 1 and 2 of this chapter and the11policies made therettAElor under those parts and report the findings and recommendations to the governor;12(e) establish policies, procedures, and forms for the maintenance of records of all employees in the13state service;(f) apply and carry out parts 1 and 2 and the policies tlolere1:1Aeer under those parts and perform1415any other lawful acts16of parts 1 and 2. that may be necessary or desirable to carry out the purposes and provisions17(2) The department may delegate authority granted to it under parts 1 and 2 to agencies in the18state service that effectively demonstrate the ability to carry out the provisions of parts 1 and 2, provided19that20established by the department. the agencies remain in compliance with policies, procedures, timetables, and standards21(3) The department shall develop and issue personnel policies for the state and shall adopt rules22to implement this ehaater PART. EXCEPT 2-18-111. Adequate public notice sl lall must be given to all23interested parties of proposed changes or additions to the personnel policies before the date on which they24are to take effect. If requested by any of the affected parties, the department shall schedule a public25hearing on proposed changes or additions to the personnel policies before the date on which they are to26take effect."2728SECTION 2. SECTION 2-18-401. MCA, IS AMENDED TO READ:29"2-18-401. Central payroll system -- department to provide for inclusion of agencies. The30department of administration shall install and operate a uniform state central payroll system for all state-2 n a LeglS/attve councuSB 25

54th LegislatureS60025.02agencies, including units of the Montana university system and the vocational-technical centers. The2department may provide for the orderly inclusion of state agencies into the system and may make3exceptions from the operation of the system for periods it determines necessary. The department shall4adopt rules to implement the state central Payroll system."56Section 3. Section 2-18-403, MCA, is amended to read:7· 2-18-403. Service charges. The department of administration may provide for a system of charges8for services rendered by the state central payroll system to any department or agency of the state. Funds9collected under this section must be deposited to the credit of a sM e speeial revenue an internal services1Ofund account and expended for the purpose of paying the expenses incurred by the state central payroll11system."1213NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1995.14-END--3 n a Ler,lstattve count:11SB 25

54th LegislatureSB0025.021SENATE BILL NO. 252INTRODUCED BY JERGESON3BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION45A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATE PERSONNEL LAWS BY CLARIFYING THE6AUTHORITY OF THE DEPARTMENT OF ADMINISTRATION TO ADOPT RULES TO IMPLEMENT THE LAWS7AND BY SUBSTITUTING AN INTERNAL SERVICES FUND ACCOUNT FOR A STATE SPECIAL REVENUE8FUND ACCOUNT AS THE ACCOUNT INTO WHICH FUNDS FROM CHARGES TO STATE AGENCIES FOR9ADMINISTRATION OF THE STATE CENTRAL PAYROLL SYSTEM ARE DEPOSITED; AMENDING SECTIONS102-18-102, 2-18-401, AND 2-18-403, MCA; AND PROVIDING AN EFFECTIVE DATE."11STATEMENT OF INTENT121314A STATEMENT OF INTENT IS REQUIRED FOR THIS BILL BECAUSE 2-18-102 REQUIRES THE15DEPARTMENT OF ADMINISTRATION TO ADOPT ADMINISTRATIVE RULES CONTAINING PERSONNEL16POLICIES AND 2-18-401 AUTHORIZES THE DEPARTMENT TO ADOPT RULES REGARDING THE17OPERATION OF THE STATE CENTRAL PAYROLL SYSTEM.18THE LEGISLATURE INTENDS THAT RULES CONTAINING PERSONNEL POLICIES SHOULD ADDRESS19EMPLOYEE RECORDS, PERFORMANCE APPRAISALS. GRIEVANCES, DISCIPLINE, REDUCTIONS IN FORCE,20RECRUITMENT. SELECTION, AND TRAINING.21THE LEGISLATURE INTENDS THAT RULES CONCERNING PAYROLL DEDUCTIONS SHOULD22ADDRESS THE PAYROLL DEDUCTION PROCESS AND SHOULD SET CRITERIA FOR THE KINDS OF23PAYMENTS THAT CAN BE MADE THROUGH PAYROLL DEDUCTIONS.24PAYROLL DEDUCTIONS THAT SHOULD BE ADDRESSED BY THE RULES ARE PAYMENT OF INSURANCE25PREMIUMS, BANK AND CREDIT UNION PAYMENTS, CHARITABLE CONTRIBUTIONS, ANO WAGE26GARNISHMENTS.EXAMPLES OF TYPES OF2728BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:2930Section 1. Section 2-18-102, MCA, is amended to read:lc:.,,,.,,.- 1l.ff#Slatlve coundlSB 25THIRD READING

S80025.0254th Legislature"2-18-102. Personnel administration -- general policy setting. (1 l Except as otherwise provided by12law or collective bargaining agreement, the department shall:34(a) encourage and exercise leadership in the development of effective personnel ad.ministrationwithin the several agencies in the state and make avaihtble the facilities of the department to this end;5(b) foster and develop programs for recruitment and selection of capable persons ,for permanent,6seasonal, temporary, and other types of positions and for the improvement of employee effectiveness,7including training, safety, health, counseling, welfare, discipline, grievances, and evaluation for productivity8and retention in permanent status;9(cl foster, develop, and promote job sharing in agencies;10(d) investigate from time to time the operation and effect of parts 1 and 2 of this chapter and the11policies made tl lerewnEler under those parts and report the findings and recommendations to the governor;12(e) establish policies, procedures, and forms for the maintenance of records of all employees in the13state service;14(fl apply and carry out parts 1 and 2 and the policies tl:lerewnEler under those parts and perform15any other lawful acts wRieA t!:J§l may be necessary or desirable to carry out the purposes and provisions16of parts1 and2.17(21 The department may delegate authority granted to it under parts 1 and 2 to agencies in the18state service that effectively demonstrate the ability to carry out the provisions of parts 1 and 2, provided19that Mlel t20established by the department.21ll:!!agencies remain in compliance with policies,. procedures, timetables, and standards(31 The department shall develop and issue personnel policies for the state and shall adopt rulesthjsel:laeterPART, EXCEPT 2-18-111.Adequate public notice .!!l.l!.!! be given to all22to implement23interested parties of proposed changes or additions to the personnel policies before the data on which they24are to take effect. If requested by any of the affected parties, the department shall schedule a public25hearing on proposed changes or additions to the personnel policies before the date26take effect."on which they are to2728SECTION 2. SECTION 2-18-401, MCA, IS AMENDED TO READ:29"2-18-401. Central payrol system department to provide for lnclualon of agencies. The30department of administration shall install and operate a uniform state central payroll system for all stateb,./lltllltilt,-. 2.LHlsMCIW t:oundlSB 25

54th LegislatureS80025.02agencies, including units of the Montana university system and the vocational-technical centers. The2department may provide for the orderly inclusion of state agencies into the system and may make3exceptions from the operation of the system for periods it determines necessary. The department shall4adopt rules to implement the state central payroll system."56Section 3. Section 2-18-403, MCA, is amended to read:7 2-18-403. Service charges. The department of administration may provide for a system of charges8for services rendered by the state central payroll system to any department or agency of the state. Funds9collected under this section must be deposited to the credit of a etete e11eeial Fe 1,eR1:1e an internal services1Ofund account and expended for the purpose of paying the expenses incurred by the state central payroll11system."1213NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1995.14-ENO- - ,.,.tiff t:oundl- 3.SB 25

54th LegislatureSB0025.02SENATE BILL NO. 252INTRODUCED BY JERGESON3BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION45A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATE PERSONNEL LAWS BY CLARIFYING THE6AUTHORITY OF THE DEPARTMENT OF ADMINISTRATION TO ADOPT RULES TO IMPLEMENT THE LAWS7AND BY SUBSTITUTING AN INTERNAL SERVICES FUND ACCOUNT FOR A STATE SPECIAL REVENUE8FUND ACCOUNT AS THE ACCOUNT INTO WHICH FUNDS FROM CHARGES TO STATE AGENCIES FOR9ADMINISTRATION OF THE STATE CENTRAL PAYROLL SYSTEM ARE DEPOSITED; AMENDING SECTIONS102-18-102, 2-18-401, AND 2-18-403, MCA; AND PROVIDING AN EFFECTIVE DATE."11STATEMENT OF INTENT121314A STATEMENT OF INTENT IS REQUIRED FOR THIS BILL BECAUSE 2-18-102 REQUIRES THE15DEPARTMENT OF ADMINISTRATION TO ADOPT ADMINISTRATIVE RULES CONTAINING PERSONNEL16POLICIES AND 2-18-401 AUTHORIZES THE DEPARTMENT TO ADOPT RULES REGARDING THE17OPERATION OF THE STATE CENTRAL PAYROLL SYSTEM.18THE LEGISLATURE INTENDS THAT RULES CONTAINING PERSONNEL POLICIES SHOULD ADDRESS19EMPLOYEE RECORDS, PERFORMANCE APPRAISALS, GRIEVANCES, DISCIPLINE, REDUCTIONS IN FORCE,20RECRUITMENT, SELECTION, AND TRAINING.21THE LEGISLATURE INTENDS THAT RULES CONCERNING PAYROLL DEDUCTIONS SHOULD22ADDRESS THE PAYROLL DEDUCTION PROCESS AND SHOULD SET CRITERIA FOR THE KINDS OF23PAYMENTS THAT CAN BE MADE THROUGH PAYROLL DEDUCTIONS.24PAYROLL DEDUCTIONS THAT SHOULD BE ADDRESSED BY THE RULES ARE PAYMENT OF INSURANCE25PREMIUMS, BANK AND CREDIT UNION PAYMENTS, CHARITABLE CONTRIBUTIONS, AND WAGE26GARNISHMENTS.EXAMPLES OF TYPES OF2728BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:2930Section 1. Section 2-18-102, MCA, is amended to read:. 1 . Le11ts1at111 COUlldtSB 25REFERENCE BILL

SB0025 02'i4th Legislature"2-18-102. Personnel administration --general policy setting. (11 Except as otherwise provided by234law or collective bargaining agreement, the department shall:la) encourage and exercise leadership In the development of effective personnel administrationwtthin the several agencies in the state and make available the facilities of the department to this end;5(bl foster and develop programs for recruitment and selection of capable persons for permanent,6seasonal, temporary, and other types of positions and for the improvement of employee effectiveness,7including training, safety, health, counseling, welfare, discipline, grievances, and evaluation for productivity8and retention in permanent status;g1O(c) foster, develop, and promote job sharing in agencies;Id) investigate from time to time the operation and effect of parts 1 and 2 of this chapter and the11policies made thern1:1Aeer under those parts and report the findings and recommendations to the governor;12(e) establish policies, procedures, and forms tor the maintenance of records of all employees in the1314state service;If) apply and carry out parts 1 and 2 and the policies here1:1Ader under those parts an d perform15any other lawful acts16of parts 1 and 2. that may be necessary or desirable to carry out the purposes and provisions17I 2) The department may delegate authority granted to it under parts 1 and 2 to agencies in the18state service that effectively demonstrate the ability to carry out the provisions of parts 1 and 2, provided19that 5tl6ft the agencies remain in compliance with policies, procedures, timetables, and standards20established by the department.21(3) The department shall develop and issue personnel policies for the state and shall adopt rules22to implement this ehap er PART, EXCEPT 2-18-111. Adequate public notice &Aall must be given to all23interested parties of proposed changes or additions to the personnel policies before the date on which they24are to take effect. If requested by any of the affected parties, the department shall schedule a public25hearing on proposed changes or additions to the personnel policies before the date on which they are to26take effect. 2728SECTION 2. SECTION 2-18-401, MCA, IS AMENDED TO READ:29"2-18-401. Central payroll system ·· department to provide for inclusion of agencies. The30department of administration shall install and operate a uniform state central payroll system for all state-2 , . . L 11ls1at1v coundlSB 25

54th LegislatureS80025.02agencies, 1nciuc,ng units of the Montana university system and the vocational-technical centers. The2department may provide for the orderly inclusion of state agencies into the system and may make3exceptions from the operation of the system for periods it determines necessary. The department shall4adopt rules to implement the state central payroll system."56Section 3. Section 2-18-403, MCA, is amended to read:7"2-18-403, Service charges. The department of administration may provide for a system of charges8for services rendered by the state central payroll system to any department or agency of the state. Funds9collected under this section must be deposited to the credit of a state s13eeial Fe,1eA1,1e on internal services1Ofund account and expended for the purpose of paying the expenses incurred by the state central payroll11system."1213NEW SECTION. Section 4. Effective date. [This act) is effective July 1, 1995.-END-14 -- 3 -LHlstatt11 CoundlSB 25

A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATE PERSONNEL LAWS BY CLARIFYING THE . encourage and exercise leadership in the development of effective personnel administration . 1