An Act To Fund Agreements with Certain State Employee Unions and Ensure Equitable Treatment for Other State Employees
Maine Legislature, Session 126, LD 1576
Committee: Appropriations and Financial Affairs
Sponsors: THIBODEAU

Legislative Document 
No. 1576 
S.P.617 
In Senate, July 9, 2013 
An Act To Fund Agreements with Certain State Employee Unions 
and Ensure Equitable Treatment for Other State Employees 
(EMERGENCY) 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
~~~ 
Presented by Senator THIBODEAU of Waldo. (GOVERNOR'S BILL) 
Printed on recycled paper 
DAREK M. GRANT 
Secretary of the Senate 
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 
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.  PL 2013, c. 368, Pt. E, §1 is amended to read: 
Sec. E-1.  Merit increases.  Notwithstanding the Maine Revised Statutes, Title 26, 
section sections 979-D and 1285, or any other provision of law, any merit increase, 
regardless of funding source, scheduled to be awarded or paid between July 1, 2014 and 
June 30, 2015 to any person employed by the departments and agencies within the 
executive branch, including the constitutional officers and the Office of the State Auditor, 
or by the legislative branch or judicial branch may not be awarded, authorized or 
implemented. These savings may be replaced by other Personal Services savings by 
agreement of the State and the bargaining agents representing state employees. 
Sec. 2.  Costs to General Fund.  Costs to the General Fund must be provided in 
all or part through a transfer of Personal Services appropriations within and between 
departments and agencies and from the Salary Plan program, General Fund account in the 
Department of Administrative and Financial Services in the amount of $2,531,317 for the 
fiscal year ending June 30, 2014 and in the amount of $6,234,562 for the fiscal year 
ending June 30, 2015 to implement the economic terms of the collective bargaining 
agreements made by the State and the American Federation of State, County and 
Municipal Employees, the Maine State Troopers Association, the Maine State Law 
Enforcement Association and, subject to ratification, the Maine State Employees 
Association, 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. 3.  Transfer of Personal Services appropriations between programs 
and departments.  Notwithstanding the Maine Revised Statutes, Title 5, section 1585 
or any other provision of law, available balances in the General Fund for Personal 
Services in fiscal year 2013-14 and fiscal year 2014-15 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. 4.  Costs to the Highway Fund.  Costs to the Highway Fund must be 
provided in all or part through a transfer of Personal Services allocations within and 
between departments and agencies and from the Salary Plan program, General Fund 
account in the Department of Administrative and Financial Services in the amount of 
$879,796 for the fiscal year ending June 30, 2014 and in the amount of $2,181,684 for the 
fiscal year ending June 30, 2015 to implement the economic terms of the collective 
bargaining agreements made by the State and the American Federation of State, County 
and Municipal Employees, the Maine State Troopers Association, the Maine State Law 
Enforcement Association and, subject to ratification, the Maine State Employees 
Association, 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. 5.  Transfer of Personal Services allocations between programs and 
departments.  Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any 
other provision of law, available balances in the Highway Fund for Personal Services in 
fiscal year 2013-14 and fiscal year 2014-15 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. 6.  Adjustment of salary schedules for fiscal year 2013-14.  Effective at 
the beginning of the pay week commencing closest to September 1, 2013, the salary 
schedules for employees subject to the collective bargaining agreements described in 
sections 2 and 4 of this Act must be adjusted upward by 1%.  The salary schedule 
adjustment made by this section for employees in bargaining units represented by the 
Maine State Employees Association is contingent upon ratification of the agreements 
tentatively agreed to on July 3, 2013. 
Sec. 7.  Adjustment of salary schedules for fiscal year 2014-15.  Effective at 
the beginning of the pay week commencing closest to July 1, 2014, the salary schedules 
for employees subject to the collective bargaining agreements described in sections 2 and 
of this Act must be adjusted upward by 1%.  The salary schedule adjustment made by 
this section for employees in bargaining units represented by the Maine State Employees 
Association is contingent upon ratification of the agreements tentatively agreed to on July 
3, 2013. 
Sec. 8.  New, temporary and seasonal employees; similar and equitable 
treatment.  Employees in classifications included in bargaining units subject to 
collective bargaining agreements described in sections 2 and 4 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 must be given treatment similar and 
equitable on a pro rata basis to that given employees covered by the collective bargaining 
agreements. 
Sec. 9.  Confidential employees; similar and equitable treatment.  
Confidential employees must be given treatment similar and equitable on a pro rata basis 
to that given employees covered by collective bargaining agreements described in 
sections 2 and 4 of this Act.  The Governor is authorized to adjust the salaries of 
confidential employees to achieve parity with their counterparts in the legislative branch 
and judicial branch, and such adjustments may be made effective July 1, 2013.  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. 10.  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. 11.  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 2013-14 and 2014-15.  
Positions supported from sources of funding other than the General Fund and the 
Highway Fund must be funded from those other sources. 
Sec. 12.  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. 
Sec. 13.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Deappropriates funds from eliminating merit pay increases for judicial branch 
employees in fiscal year 2014-15. 
LEGISLATURE 
Law and Legislative Reference Library 0636 
Initiative: Deappropriates funds from eliminating merit pay increases for legislative 
branch employees in fiscal year 2014-15. 
Legislature 0081 
Initiative: Deappropriates funds from eliminating merit pay increases for legislative 
branch employees in fiscal year 2014-15. 
PROGRAM 
EVALUATION 
AND 
GOVERNMENT 
ACCOUNTABILITY, 
OFFICE OF  
Office of Program Evaluation and Government Accountability 0976 
GENERAL FUND 
2013-14
2014-15
Personal Services 
$0
($740,629)
GENERAL FUND TOTAL 
$0
($740,629)
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
2013-14
2014-15
GENERAL FUND 
$0
($740,629)
DEPARTMENT TOTAL - ALL FUNDS 
$0
($740,629)
GENERAL FUND 
2013-14
2014-15
Personal Services 
$0
($14,351)
GENERAL FUND TOTAL 
$0
($14,351)
GENERAL FUND 
2013-14
2014-15
Personal Services 
$0
($182,424)
GENERAL FUND TOTAL 
$0
($182,424)
LEGISLATURE 
DEPARTMENT TOTALS 
2013-14
2014-15
GENERAL FUND 
$0
($196,775)
DEPARTMENT TOTAL - ALL FUNDS 
$0
($196,775)
Initiative: Deappropriates funds from eliminating merit pay increases for legislative 
branch employees in fiscal year 2014-15. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill implements the cost items in the collective bargaining agreements reached 
between the State and the American Federation of State, County and Municipal 
Employees, the Maine State Troopers Association and the Maine State Law Enforcement 
Association and, if tentative agreements are ratified, the Maine State Employees 
Association and provides for equitable treatment for confidential employees and certain 
other employees excluded from collective bargaining. 
The bill specifies the costs from the General Fund and Highway Fund to fund salary 
increases and authorizes the transfer by financial order of available General Fund and 
Highway Fund balances as necessary. 
The bill provides for the adjustment of certain salary schedules in fiscal year 2013-14 
and in fiscal year 2014-15.  The bill provides for similar and equitable treatment of 
confidential employees, probationary employees and other employees excluded from 
collective bargaining. 
GENERAL FUND 
2013-14
2014-15
Personal Services 
$0
($12,314)
GENERAL FUND TOTAL 
$0
($12,314)
PROGRAM EVALUATION AND 
GOVERNMENT ACCOUNTABILITY, OFFICE 
OF  
DEPARTMENT TOTALS 
2013-14
2014-15
GENERAL FUND 
$0
($12,314)
DEPARTMENT TOTAL - ALL FUNDS 
$0
($12,314)
SECTION TOTALS 
2013-14
2014-15
GENERAL FUND 
$0
($949,718)
SECTION TOTAL - ALL FUNDS 
$0
($949,718)
The bill authorizes the Governor to adjust confidential employee salaries as required 
to achieve parity with comparable positions in the legislative and judicial branches and 
further authorizes the Governor to grant similar and equitable treatment of employees 
whose salaries are subject to the Governor's adjustment or approval. 
The bill authorizes use of the Salary Plan program to fund the collective bargaining 
agreements and other cost items and provides that positions supported from other funds 
must be funded whenever possible from those other sources. 
The bill provides for reimbursement to the Department of Administrative and 
Financial Services for costs incurred in the process of collective bargaining and contract 
administration and related costs. 
The bill provides that employees of the legislative and judicial branches are subject to 
the same merit pay freeze in fiscal year 2014-15 as executive branch employees and 
deappropriates funds related to the elimination of those merit pay increases. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 07/08/13
LD 1576
LR 2198(01)
FY 2013-14
FY 2014-15
Projections 
FY 2015-16
Projections 
FY 2016-17
Net Cost (Savings)
General Fund
$0
($949,718)
($973,462)
($997,797)
Appropriations/Allocations
General Fund
$0
($949,718)
($973,462)
($997,797)
Fiscal Detail and Notes
This bill also authorizes the Governor to adjust the salaries of confidential employees to achieve parity with their 
counterparts in the legislative and judicial branches.  That cost cannot be estimated at this time.
Eliminating merit pay increases for employees in the legislative branch and the judicial branch will result in General 
Fund savings of $949,718 in fiscal year 2014-15.
This bill authorizes a 1% salary increase effective September 1, 2013 and 1% effective July 1, 2014 for certain 
Executive Branch employees.  It provides funding through the transfer of General Fund and Highway Fund Personal 
Services balances between programs and departments and from the Salary Plan program within the Department of 
Administrative and Financial Services.  The General Fund cost is estimated to be $2,531,317 in fiscal year 2013-14 
and $6,234,562 in fiscal year 2014-15.  The Highway Fund cost is estimated to be $879,796 in fiscal year 2013-14 and 
$2,181,684 in fiscal year 2014-15.  
Fiscal Note
Fiscal Note Required: Yes
An Act To Fund Agreements with Certain State Employee Unions and Ensure Equitable Treatment 
for Other State Employees
Fiscal Note for Original Bill
Sponsor: Sen. Thibodeau of Waldo
Committee: Not Referred
LR2198(01) - Fiscal Note - Page 1 of 1