APPROVED CHAPTER
JULY 30, 2021 486
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1299 - L.D. 1735
An Act To Fund Collective Bargaining Agreements with Executive Branch
Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Adjustment of salary schedules for fiscal years 2021-22 and 2022-
23. 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 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, 2021.
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
collective bargaining pursuant to the Maine Revised Statutes, Title 26, section 979-A,
subsection 6, paragraphs E and 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 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
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program, General Fund account in the Department of Administrative and Financial
Services up to $30,000,000 for the fiscal year ending June 30, 2022 and up to $45,000,000
for the fiscal year ending June 30, 2023 to implement the economic terms of the most recent
collective bargaining agreements made from July 2021 to December 2021 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 and any other certified bargaining representative for an executive
branch bargaining unit, to provide equitable treatment of employees excluded from
bargaining pursuant to the Maine Revised Statutes, Title 26, section 979-A, subsection 6,
paragraphs E and 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 2021-22 and fiscal year 2022-23 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 years 2021-22 and 2022-23. 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,
section 1585 or any other provision of law to the contrary, available balances in the
Highway Fund for Personal Services in fiscal year 2021-22 and fiscal year 2022-23 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 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.
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