An Act To Fund Agreements with Bargaining Units for Certain Executive Branch Employees and Ensure Equitable Treatment for Other Executive Branch Employees
Maine Legislature, Session 127, LD 1453
Committee: Appropriations and Financial Affairs
Sponsors: WINSOR

Legislative Document 
No. 1453 
H.P. 995 
House of Representatives, July 16, 2015 
An Act To Fund Agreements with Bargaining Units for Certain 
Executive Branch Employees and Ensure Equitable Treatment for 
Other Executive Branch Employees 
(EMERGENCY) 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative WINSOR of Norway.  (GOVERNOR'S BILL) 
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.  Adjustment of salary schedules for fiscal year 2015-16.  Effective at 
the beginning of the pay week commencing closest to September 1, 2015, the salary 
schedules for executive branch employees in bargaining units represented by the 
American Federation of State, County and Municipal Employees, the Maine State 
Troopers Association and the Maine State Law Enforcement Association must be 
adjusted upward according to the respective collective bargaining agreements.  The salary 
schedules for executive branch employees in bargaining units represented by the Maine 
State Employees Association must be adjusted consistent with the terms of any tentative 
agreements ratified prior to September 30, 2015. 
Sec. 2.  Adjustment of salary schedules for fiscal year 2016-17.  Effective at 
the beginning of the pay week commencing closest to July 1, 2016, the salary schedules 
for executive branch employees in bargaining units represented by the American 
Federation of State, County and Municipal Employees, the Maine State Troopers 
Association and the Maine State Law Enforcement Association must be adjusted upward 
according to the respective collective bargaining agreements. The salary schedules for 
executive branch employees in bargaining units represented by the Maine State 
Employees Association must be adjusted consistent with the terms of any tentative 
agreements ratified prior to September 30, 2015. 
Sec. 3.  New, temporary and seasonal employees; similar and equitable 
treatment.  Employees in classifications included in bargaining units subject to 
collective bargaining agreements described in section 6 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 to 
that given employees covered by the collective bargaining agreements. 
Sec. 4.  Confidential employees; similar and equitable treatment.  The 
salary schedules for confidential employees must be adjusted consistent with the salary 
schedule adjustment for employees in bargaining units represented by the Maine State 
Troopers Association and the Maine State Law Enforcement Association. 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. 5.  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. 6.  Costs to General Fund and Highway Fund.  Costs to the General 
Fund and Highway Fund must be provided in all or part through a transfer of Personal 
Services appropriations within and between departments and agencies and in accordance 
with Public Law 2015, chapter 267, Part DDDD and from the Salary Plan program, 
General Fund account in the Department of Administrative and Financial Services up to 
$8,000,000 for the fiscal year ending June 30, 2016 and up to $12,000,000 for the fiscal 
year ending June 30, 2017 to implement the economic terms of the collective bargaining 
agreements made in the months of June through September of calendar year 2015 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 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. 7.  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 2015-16 and fiscal year 2016-17 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. 8.  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 2015-16 and 2016-17. 
Positions supported from sources of funding other than the General Fund and the 
Highway Fund must be funded from those other sources. 
Sec. 9.  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 2015-16 and fiscal year 2016-17 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. 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. 
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 2015-16 
and in fiscal year 2016-17.  The bill provides for similar and equitable treatment of 
confidential employees, probationary employees and other employees excluded from 
collective bargaining. 
Approved: 07/15/15
LD  1453     
LR 2097(01)
Fiscal Detail and Notes
This bill authorizes the adjustment of salary schedules upward consistent with the various collective bargaining 
agreements.  The General Fund and Highway Fund costs are to be supported through transfers between and within 
departments and agencies and through the Salary Plan program within the Department of Administrative and Financial 
Services.  Transfers from the Salary Plan are limited to up to $8,000,000 in fiscal year 2015-16 and $12,000,000 in 
fiscal year 2016-17.
Fiscal Note Required: Yes
Fiscal Note
Current biennium cost increase - General Fund
Future biennium cost increase - Highway Fund
An Act To Fund Agreements with Bargaining Units for Certain Executive Branch Employees and 
Ensure Equitable Treatment for Other Executive Branch Employees
Fiscal Note for Original Bill
Committee: Not Referred
LR2097(01) - Fiscal Note - Page 1 of 1