APPROVED CHAPTER
JULY 10, 2023 406
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1299 - L.D. 2017
An Act to Fund Collective Bargaining Agreements with Executive Branch
Employees
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain obligations and expenses incident to the operation of state employee
collective bargaining agreements will become due and payable immediately; and
Whereas, it is the responsibility of the Legislature to act upon those portions of
collective bargaining agreements negotiated by the executive branch that require legislative
action; and
Whereas, the Governor and the Legislature share a desire to address in a timely
manner the needs of certain state employees excluded from collective bargaining units; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Adjustment of salary schedules for fiscal years 2023-24 and 2024-25.
The salary schedules for the executive branch employees in bargaining units represented
by the American Federation of State, County and Municipal Employees, the Maine State
Troopers Association, the Maine State Law Enforcement Association, the Maine Service
Employees Association, the Fraternal Order of Police and any other certified bargaining
representative for an executive branch bargaining unit must be adjusted consistent with the
terms of any agreements ratified by December 31, 2023.
Sec. 2. New, temporary and seasonal employees; similar and equitable
treatment. The Governor is authorized to grant similar and equitable treatment consistent
with this Act for employees in classifications included in bargaining units subject to
collective bargaining agreements described in section 5 of this Act who are excluded from
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collective bargaining pursuant to the Maine Revised Statutes, Title 26, section 979-A,
subsection 6, paragraph F.
Sec. 3. Confidential employees; similar and equitable treatment. The
Governor is authorized to grant similar and equitable treatment consistent with this Act for
confidential employees. For the purposes of this section, "confidential employees" means
those employees within the executive branch, including probationary employees, who are
in positions excluded from collective bargaining units pursuant to the Maine Revised
Statutes, Title 26, section 979-A, subsection 6, paragraphs B, C, D, I and J.
Sec. 4. Employee salaries subject to Governor's adjustment or approval.
The Governor is authorized to grant similar and equitable treatment consistent with this
Act for those unclassified employees whose salaries are subject to the Governor's
adjustment or approval.
Sec. 5. Costs to General Fund and Highway Fund. Costs to the General Fund
and Highway Fund must be provided wholly or in part through a transfer of Personal
Services appropriations within and between departments and agencies from the Salary Plan
program, General Fund account in the Department of Administrative and Financial
Services in an amount not to exceed $99,000,000 in total for the fiscal years ending June
30, 2024 and June 30, 2025 to implement the economic terms of the most recent collective
bargaining agreements made from July 2023 to December 2023 by the State and the
American Federation of State, County and Municipal Employees, the Maine State Troopers
Association, the Maine State Law Enforcement Association, the Maine Service Employees
Association, the Fraternal Order of Police and any other certified bargaining representative
for an executive branch bargaining unit, to provide equitable treatment of employees
excluded from collective bargaining pursuant to the Maine Revised Statutes, Title 26,
section 979-A, subsection 6, paragraph F and, notwithstanding Title 26, section 979-D,
subsection 1, paragraph E, subparagraph (3), to implement equitable adjustments for
confidential employees.
Sec. 6. Transfer of Personal Services appropriations between programs
and departments; General Fund. Notwithstanding the Maine Revised Statutes, Title
5, section 1585 or any other provision of law to the contrary, available balances in the
General Fund for Personal Services in fiscal year 2023-24 and fiscal year 2024-25 may be
transferred by financial order between programs and departments within the General Fund
upon recommendation of the State Budget Officer and approval of the Governor to be used
for costs associated with collective bargaining agreements for state employees.
Sec. 7. Transfer from Salary Plan program and special account funding.
The Salary Plan program, General Fund account in the Department of Administrative and
Financial Services may be made available as needed in allotment by financial order upon
the recommendation of the State Budget Officer and approval of the Governor to be used
for the implementation of the collective bargaining agreements for state employees and for
other economic items contained in this Act in fiscal year 2023-24 and fiscal year 2024-25.
Positions supported from sources of funding other than the General Fund and the Highway
Fund must be funded from those other sources.
Sec. 8. Transfer of Personal Services allocations between programs and
departments; Highway Fund. Notwithstanding the Maine Revised Statutes, Title 5,
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section 1585 or any other provision of law to the contrary, available balances in the
Highway Fund for Personal Services in fiscal year 2023-24 and fiscal year 2024-25 may
be transferred by financial order between programs and departments within the Highway
Fund upon recommendation of the State Budget Officer and approval of the Governor to
be used for costs associated with collective bargaining agreements for state employees.
Sec. 9. Authorization for reimbursement of costs associated with
comprehensive review of classification and compensation system. The
Department of Administrative and Financial Services may be reimbursed up to $1,200,000
from the Salary Plan program, General Fund account in the Department of Administrative
and Financial Services for additional resources necessary to finalize the efforts of the
ongoing comprehensive review of the classification and compensation system for
employees of the executive branch of State Government and to conduct a market pay study
that compares the salaries of state employees with employees performing comparable work
for a sampling of private and public employees in the State, other New England states and
other states as appropriate by September 30, 2024.
Sec. 10. Authorization for reimbursement of costs associated with contract
resolution. The Department of Administrative and Financial Services may be reimbursed
from the Salary Plan program, General Fund account in the Department of Administrative
and Financial Services for the costs of contract resolution, administration and
implementation and other costs required by the process of collective bargaining and
negotiation procedures.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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