An Act To Clarify the Administrative and Financial Relationship between the Maine Military Authority and the State of Maine
Maine Legislature, Session 121, LD 1951
Committee: Legal and Veterans Affairs
Sponsors: CLARK, GAGNON
Amends: 5 MRSA §931, 26 MRSA §962, 37-B MRSA §105, 37-B MRSA §157, 8 MRSA §391, 8 MRSA §392, 8 MRSA §393, 37-B MRSA §395, 37-B MRSA §396, 37-B MRSA §398, 37-B MRSA §399

Legislative Document 
No. 1951 
H.P. 1451 
House of Representati ves, March 31, 2004 
An Act To Clarify the Administrative and Financial Relationship 
between the Maine Military Authority and the State of Maine 
(EMERGENCY) 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
'!r/~ 111.11l~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CLARK of Millinocket. (GOVERNOR'S BILL) 
Cosponsored by Senator GAGNON of Kennebec. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 90-day period may not terminate until after the 
beginning of the next fiscal year; and 
Whereas, it is necessary to clarify the status of the Maine 
Military Authority to ensure that it is eligible to compete for 
contracts offered by the Federal Government immediately; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, heal th and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §931, sub-§I, ~L-3, as amended by PL 2001,c. 
374, §2, is further amended to read: 
L-3. 
The Executive Analyst of the Board of Environmental 
Protection; and 
Sec. 2. 5 MRSA §931, sub-§I, ~-4, as enacted by PL 2001, c. 
374, §3, is repealed. 
Sec. 3. 26 MRSA §962, sub-§7, ~A, as amended by PL 2001, c. 
374, §6, is further amended to read: 
A. 
Any officer, board, commission, council ,commi ttee or 
other persons or body acting on behalf of: 
(1) 
Any 
municipality 
or 
any 
subdivision 
of 
a 
municipality; 
(2) 
Any school, water, sewer, fire or other district; 
(3) 
The Maine Turnpike Authority; 
(4) 
Any board of directors 
intermediate education unit 
section 7730; 
functioning as a regional 
pursuant to Title 
20-A, 
(5) 
Any county or subdivision of a county; 
(6) 
The Maine State Retirement System; QI 
(7) 
The Governor Baxter School for the Deaf; or 
Page l-LR2869(1) 
Sec. 4. 37-B MRSA §105, first" as repealed and replaced by PL 
1993, c. 680, Pt. A, §32, is amended to read: 
The Governor may create, organize, 
abolish or reorganize 
staff sections that the Governor determines necessary to provide 
for the National Guard aBeL other state military forcesr and the 
Maine Military Authority and appoint staff officers necessary to 
provide for the operation of the staff sections. 
Officers of 
~Rese those sections shall perform the duties required of them by 
law and those other duties not inconsistent with the laws of the 
State that correspond to the duties performed by officers in 
corresponding 
staff 
sections 
in 
the 
federal 
military 
establishment. 
Sec. 5. 37-B MRSA §157, as enacted by PL 2001, c. 374, §7, is 
repealed and the following enacted in its place: 
§157. 
Maine Military Authority Enterprise Fund 
1. 
Maine Military Authority Enterprise Fund; established. 
The Maine Military Authority Enterprise Fund is established to 
fund activities of the Maine Military Authority, established in 
section 391, including, but not limited to, the following: 
A. 
Operating the Maine Readiness Sustainment Maintenance 
Center; and 
B. 
Maintaining, 
rebuilding, 
repa1r1ng, 
storing 
and 
manufacturing equipment for the following: 
(1) 
The State and its political subdivisions; 
(2) 
The 
United 
States 
Department 
of 
the 
Army, 
Department of the Air Force, Department of the Navy and 
Department of Homeland Security; and 
(3) 
Foreign governments working in conjunction with 
the foreign military sales program of the United States 
Department of Defense. 
2. 
Maine Military Authority Enterprise Fund account. 
The 
Military 
Bureau 
shall 
establish, 
through 
the 
Department 
of 
Administrative and Financial Services, 
Bureau of Accounts 
and 
Control, the Maine Military Authority Enterprise Fund account. 
The funds deposited in the account include, but are not limited 
to, the following: 
A. 
Appropriations made to the account; 
B. 
Funds 
transferred 
to 
the 
account 
from 
within 
the 
department; 
c. 
Funds received for the purposes stated in subsection 1, 
paragraph B; 
D. 
Earnings from the fund from the Treasurer of 
State's 
cash pool; and 
E. 
In accordance with applicable law, 
proceeds from the 
sale of vehicles 
and equipment 
under 
the administrative 
control of the Maine Military Authority by the state surplus 
property program in the Department of Administrative and 
Financial Services, Bureau of General Services. 
3. 
Receive revenue; 
e~end proceeds. 
The Adjutant General 
may receive operating revenues of the Maine Military Authority 
and expend those proceeds in accordance with section 399. 
Sec. 6. 37-8 MRSA §391, as amended by PL 2003, c. 342, §4, is 
repealed and the following enacted in its place: 
§391. 
Maine Military Authority established 
The 
Maine 
Military Authority 
is established within 
the 
Executive Department. 
Sec. 7. 37-8 MRSA §392, sub-§2, as enacted by PL 2001, c. 374, 
§8, is repealed. 
Sec. 8. 37-8 MRSA §393, sub-§§3 to 7, as enacted by PL 2001, c. 
374, §8, are amended to read: 
3. 
Accept financial assistance. 
Accept, through the normal 
budgetary process, financial assistance and in-kind assistance, 
advances, loans, grants, gifts, contributions and other forms of 
financial assistance from the Federal Government and the State 
Government or its agencies, 
fRliRiei~a±iEY from municipalities or 
other public saay bodies or from other sources, public or private; 
4. 
Provide 
money 
for 
upkeep. 
Provide 
from 
operating 
revenues 
money 
for 
the 
maintenance, 
construction 
or 
reconstruction 
of 
capital 
repair 
and 
replacement 
items 
as 
necessary and approved by the Legislature; 
5. 
Acquire property. 
or 
personal 
property 
or 
property, including rights 
Acquire for use by the authority real 
any 
interest 
in 
real 
or 
personal 
or easements, on either a temporary or 
permanent basis, by gift, purchase, transfer, lease or otherwiseL 
subject to the approval of the Legislature; 
6. 
Dispose 
of 
property. 
N9twit:astaaei~---any---9~ReF 
~F9Yisi9a-9~ In accordance with applicable state law, hold, sell, 
lease, 
rent 
or 
otherwise 
dispose 
of 
any 
real 
or 
personal 
property, 
or any interest in real or personal property, 
and 
release or relinquish any right, title, claim, lien, interest, 
easement or demand however acquired, and these proceeds become 
and remain operating revenues except that the Adjutant General 
may not sell any interest in real property without following the 
provisions of section 264; 
7. 
Procure insurance. 
Procure insurance through the Risk 
Management Division against any loss in connection with property 
of the authority and other assets in amounts and from insurers 
that 
the 
Aa~~taat--Ge£~~~~--~~~-~~~~--~ar&~a--~Re 
a~s~iees--e~--~~-~~-~~&~--9iyisi9a Director 
of 
Risk 
Management determines necessary or desirable to protect the State 
from risks or losses; and 
Sec. 9. 37-BMRSA§394, as enacted by PL 2001, c. 374, §8, is 
amended to read: 
§394. Employees 
1. 
Employees. 
The Adjutant General may employ aa-eHe€~~iye 
aiFeet9rT--a-~Fa-1--ffiaaa~erT technical experts and other agents 
and 
employees, 
permanent 
or 
temporary, 
for 
the 
authority. 
gffi~±eyees-e~-~~~~-it~-a~-aet Such employees are subject to 
the Civil Service Law. 
2. 
Service at pleasure of Adjutant General. 
The executive 
director 
and 
general 
manager 
serve 
at 
the 
pleasure 
of 
the 
Adjutant General. 
3. 
Legal services. 
The Office of the Attorney General 
shall provide 
legal services 
for 
the authority, 
or, 
at--tRe 
eiseFe~ieR-B~-~~~jut~-GeneFa~r-~Ae-~~~-~~~~~-Hse 
tRe-SeFyi€e6-e~-~~~-~~~~~--~~ai&&-Na~i9aa±-G~aFa 
eitAeF-~-S~aB&-~~~¥~-&&F¥~-B~-~~r~~-€effi~eB6aEea-~-tAe 
a~EAeFiEY with the permission of the Adjutant General, retain 
outside counsel. 
4. 
Establish positions. 
By financial order, the Adjutant 
General 
may 
establish 
positions 
necessary 
to 
support 
the 
operations of the Maine Readiness Sustainment Center in Limestone 
or to maintain, repair, store and manufacture equipment under 
section 157. 
In order for a position that is established by 
financial order to become permanent, it must be presented to the 
next session of the Legislature through the normal budgetary 
process. 
5. 
Employee administration. 
Notwithstanding the provisions 
of Title 26. section 979-A. 
subsection 5. the Governor shall 
direct the authority to develop and execute employee relations 
policies. 
conduct negotiations 
with certified and 
recognized 
bargaining agents for its employees and administer and interpret 
the collective bargaining agreements applying to the employees of 
the authority consistent with the overall objectives of the 
Governor. 
The 
Department 
of 
Administrative 
and 
Financial 
Services. Bureau of Employee Relations shall assist and advise 
the Governor and the authority. in order to ensure compliance 
with state and federal labor and employment laws consistent with 
the 
overall 
objectives 
of 
the 
Governor. 
Employees 
of 
the 
authority are essential employees for the purpose of shutdown or 
furlough days imposed on employees of the State. 
Sec. 10. 37-B MRSA §395, as enacted by PL 2001, c. 374, §8, 
is amended to read: 
§395. Books and records 
The Adjutant General shall ensure the accurate and timely 
maintenance of books, records, accounts and other evidences of 
the financial transactions of all the authority's activities in 
accordance 
with 
accounting 
standards 
established 
by 
a 
governmental 
accounting 
standards 
board 
and 
the 
State 
Controller. 
Books and records must be open to inspection and 
audit by the Maine National Guard, 
the State Auditor and the 
Federal Government audit in conjunction with federal contracts, 
agreements. grants or cooperative agreements but are otherwise 
confidential and not subject to Title 1, chapter 13, subchapter I 
~. 
The State Auditor shall periodically conduct an audit of the 
financial records of the authority and report the results of the 
audit to the Adjutant General, the State Controller, the Governor 
and 
the 
Legislature. 
The 
Adjutant 
General 
may 
maintain 
the 
required books, 
records, 
accounts 
and other evidences of the 
financial transactions of all of the authority's 
activities or 
enter into service agreements or contracts with departments and 
agencies of State Government for that purpose. 
Sec. 11. 37-B MRSA §396, as enacted by PL 2001, c. 374, §8, 
is amended to read: 
§396. Budget 
The 
Adjutant 
General 
shall establish 
a 
budget 
for 
the 
authority and shall present that budget to the Governor and the 
Legislature. 
8HQ~et-Qeve~e~meB~-~~~~-~-~-~ba-GeveFHeF 
aRe-~Be-~~~~~~-~-iR-~Re-~~~~~~-&e4y-ee~pe~a~e 
aRe-peli~ie-aRe-aR-iRS~~QffieR~ality-ef-~Re-Sta~eT 
Sec. 12. 37-B MRSA §398, as enacted by PL 2001, c. 374, §8, 
is repealed. 
Sec. 13. 37-B MRSA §399, as enacted by PL 2001, c. 374, §8, 
is amended to read: 
§399. Revenue 
Revenue generated by the authority must first be used to 
support the operation of the authority, including segregation of 
money for future capital repairs. 
All-~~-~-aalaRee6 
may At the close of the fiscal year, unreserved retained earnings 
as identified by the State Controller may be transferred at any 
time prior to the closing of the books to 
aQy--e-t.~--RG-R-GeReFal 
~~Qe-~~~~-ef an account established within the Military 
BureauT--i-nc...,l-udi~--:e.'*t:--il.e~--1-im-.i-t-e-d--~eT to be used for capital 
~epai~ repairs 
and 
maintenance 
of 
state 
armories 
and 
Maine 
National Guard tuition assistance. 
Sec. 14. Transition. 
The following provisions apply to the 
Maine Military Authority. 
1. 
Classified and unclassified employees assigned to the 
Maine Military Authority must be transferred to the Executive 
Department. 
2. 
All contracts, 
agreements 
and compacts to which the 
Maine Military Authority is a party and that are in effect on the 
effective date of this Act remain in effect until they expire or 
are altered by the parties involved in the contracts, agreements 
or compacts. 
3. 
Commencing with the 2006-2007 fiscal biennium, the Maine 
Military Authority shall submit a line category budget to the 
Governor to be included in the unified biennial budget for all 
state agencies that is submitted to the Legislature as a part of 
the normal budgetary process. 
4. 
Notwithstanding the Maine 
Revised Statutes, Title 5, 
section 1585 or any other provision of law, the Maine Military 
Authority may establish a head count of personnel and, upon the 
recommendation of the State Budget Officer and approval of the 
Governor, 
allot 
expenditures 
by 
financial 
order 
based 
on 
estimated revenue in order to implement the provisions of this 
Act. 
Furthermore, all accrued expenditures, assets, liabilities, 
balances of appropriations, allocations, transfers, revenues or 
other available funds in accounts or subdivisions of accounts of 
the authority remain in those accounts. 
By January 30, 2005, the 
Governor shall submit to the Legislature a revised and unified 
budgetary request 
by line category detailing the anticipated 
revenues and expenditures for the fiscal year commencing July 1, 
2004. 
5. 
The Department of Administrative and Financial Services, 
Bureau of Human Resources shall review the personnel policies and 
practices of the Maine Military Authority for consistency with 
the Civil Service Law. 
When the bureau has determined that the 
policies and practices of the authority are in compl iance with 
the Civil Service Law, it shall authorize administration of civil 
service and classification functions at the authority to the 
extent the authority's actions are consistent with applicable law 
and with any existing collective bargaining agreement or practice. 
The 
existing 
job 
titles 
in 
use 
at 
the 
authority 
must 
be 
established 
within 
the 
state 
classification 
file, 
with 
distinguishing class codes to be used solely by the authority. 
New 
positions 
must 
be 
established 
through 
a 
process 
and 
specifications must be written in a format mutually agreed upon 
between the bureau and the authority in a manner consistent with 
any existing collective bargaining obligation or practice. 
6. 
Fringe benefits from current Maine Military Authority 
employment of transferred personnel, including vacation and sick 
leave, 
accrued 
seniority, 
health 
and 
life 
insurance 
and 
retirement, 
remain with the transferred personnel. 
The rights 
and benefits 
under statutes, 
rules 
and 
applicable collective 
bargaining agreements in effect on the effective date of this Act 
must 
be maintained for all personnel at the authority until 
changed in accordance with applicable labor law principles. 
The 
rights and benefits of personnel hired after the effective date 
of this Act whose positions are included within a bargaining unit 
are the same as those transferred employees once the newly hired 
personnel are eligible employees 
under applicable law or the 
applicable 
collective 
bargaining 
agreement. 
To 
the 
extent 
permitted by law the authority shall bargain collectively with 
its employees and administer any collective bargaining agreements. 
7. 
All 
transferred employees 
who 
are 
represented 
by 
a 
bargaining agent on the effective date of this Act continue to be 
represented by that bargaining agent. 
Following the effective 
date of this Act, a petition for decertification or certification 
of a 
new bargaining agent may be filed in accordance with the 
Maine Revised Statutes, Title 26, chapter 9-B and the rules of 
the Maine Labor Relations Board. 
8. 
The Department of Administrative and Financial Services 
shall 
assist 
the 
Maine 
Military Authority with 
the 
orderly 
implementation of these provisions. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill accomplishes the following. 
1. 
It 
clarifies 
the 
administrative 
and 
financial 
relationship between the Maine Military Authority and the State. 
2. 
It requires the Maine Military Authority to preserve 
existing terms and conditions of employment for employees of the 
Maine Military Authority and the management practices relating to 
the terms and conditions of their employment to the greatest 
extent possible, consistent with the Civil Service Law and the 
state employee laws governing labor relations. 
3. 
It provides that employees who 
effective date of this bill have the same 
transferred employees. 
were hired after the 
rights and benefits as 
4. 
It requires that agreements between the Maine Military 
Authority and the bargaining agents in effect at the time of the 
Authority's status change to an executive branch agency must be 
maintained 
for 
bargaining 
unit 
personnel 
until 
changed 
ln 
accordance with applicable labor law principles.