An Act To Fund the Agreement with Executive Branch Employees (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1644
Committee: Appropriations and Financial Affairs
Sponsors: GIDEON, THIBODEAU, FREDETTE, JACKSON

Legislative Document
No. 1644
H.P. 1135
House of Representatives, June 28, 2017
An Act To Fund the Agreement with Executive Branch Employees
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Speaker GIDEON of Freeport.  (GOVERNOR'S BILL)
Cosponsored by President THIBODEAU of Waldo and
Representative: FREDETTE of Newport, Senator: JACKSON of Aroostook.
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 years 2017-18 and 
2018-19.  Effective at the beginning of the pay weeks commencing closest to September 
1, 2017 and July 1, 2018, the salary schedules for the executive branch employees in 
bargaining units represented by the Maine State Troopers Association and the Maine 
State Law Enforcement Association must be adjusted consistent with the terms of any 
tentative agreements ratified prior to September 1, 2017. 
Sec. 2.  Adjustment of salary schedules for fiscal years 2017-18 and 
2018-19.  The salary schedules for the executive branch employees in bargaining units 
represented by the American Federation of State, County and Municipal Employees and 
the Maine State Employees Association must be adjusted consistent with the terms of any 
tentative agreements ratified prior to September 1, 2017. 
Sec. 3.  Addition of new steps for certain employees in fiscal years 2017-18 
and 2018-19.  Effective at the beginning of the pay periods commencing closest to 
January 1, 2018, September 1, 2018 and January 1, 2019, the salary schedules for certain 
employees of the executive branch in bargaining units represented by the Maine State 
Law Enforcement Association must be adjusted by eliminating the first step and adding a 
new top step or adding a new top step for those employees at the last step so that 
employees are paid at the new rates to which they are assigned in the modified salary 
schedule, consistent with the terms of the applicable tentative collective bargaining 
agreements ratified prior to September 1, 2017. 
Sec. 4.  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 7 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. 5.  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. 6.  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. 7.  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 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, 2018 and up to $12,000,000 
for the fiscal year ending June 30, 2019 to implement the economic terms of the 
collective bargaining agreements made in the months of June through September of 
calendar year 2017 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. 8.  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 2017-18 and fiscal year 2018-19 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. 9.  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 2017-18 and 2018-19.  
Positions supported from sources of funding other than the General Fund and the 
Highway Fund must be funded from those other sources. 
Sec. 10.  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 2017-18 and fiscal year 2018-19 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. 11.  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, the Maine State Law Enforcement 
Association and the Maine State Employees Association if tentative agreements are 
ratified 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 2017-18 
and in fiscal year 2018-19.  The bill provides for similar and equitable treatment of 
confidential employees, probationary employees and other employees excluded from 
collective bargaining.