An Act To Fund Collective Bargaining Agreements with Executive Branch Employees
Maine Legislature, Session 129, LD 1845
Committee: Appropriations and Financial Affairs
Sponsors: GATTINE

Legislative Document
No. 1845
H.P. 1316
House of Representatives, June 18, 2019
An Act To Fund Collective Bargaining Agreements with Executive 
Branch Employees
(EMERGENCY)
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GATTINE of Westbrook.  (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 years 2019-20 and 2020-
21.  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 and the 
Maine State Employees Association must be adjusted consistent with the terms of any 
ratified contracts.
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 program, General Fund account in the Department of Administrative and 
Financial Services up to $15,000,000 for the fiscal year ending June 30, 2020 and up to 
$30,000,000 for the fiscal year ending June 30, 2021 to implement the economic terms of 
the most recent 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 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. 6.  Transfer of Personal Services appropriations between programs 
and departments.  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 2019-20 and fiscal year 2020-21 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 2019-20 and 2020-21.  
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.  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 2019-20 and fiscal year 2020-21 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.
Sec. 10.  Payment for settlement agreement.  Payments to affected executive 
branch employees made in accordance with overtime pay settlements between the State 
of Maine and the Maine State Troopers Association, the Maine State Law Enforcement 
Association, the American Federation of State, County and Municipal Employees and the 
Maine State Employees Association must be made within available balances in the 
General Fund and Highway Fund for Personal Services in fiscal year 2019-20 for those 
affected departments and agencies.  Such payments for positions supported from sources 
other than the General Fund and the Highway Fund must be funded from those other 
sources.  When available balances are insufficient in the General Fund and Highway 
Fund, the Salary Plan program, General Fund account within the Department of 
Administrative and Financial Services may be used as needed in allotment by financial 
order upon the recommendation of the State Budget Officer and approval of the Governor 
in fiscal year 2019-20.  Transfers from the Salary Plan program pursuant to this 
settlement may not exceed $2,100,000 in fiscal year 2019-20.
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 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 also specifies the costs from the General Fund and Highway Fund to fund the 
overtime payment settlements 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 2019-20 
and in fiscal year 2020-21 consistent with ratified contracts.  The bill provides for similar 
and equitable treatment of confidential employees, probationary employees and other 
employees excluded from collective bargaining.
FISCAL NOTE REQUIRED
(See attached)
Approved: 06/17/19
LD 1845     
LR 2566(01)
Fiscal Detail and Notes
Fiscal Note
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, General Fund account within the Department of 
Administrative and Financial Services. Transfers from the Salary Plan are limited to up to $17,100,000 in fiscal year 
2019-20 and $30,000,000 in fiscal year 2020-21. The unobligated balance in the Salary Plan as of June 2019 is 
$39,525,199. It is anticipated that additional balances will lapse to the program at the end of the fiscal year. Since 
2019, transfers into the Salary Plan have averaged about $8,300,000 per year.  
An Act To Fund Collective Bargaining Agreements with Executive Branch Employees
Fiscal Note for Original Bill
Sponsor: Rep. Gattine of Westbrook
Committee: Not Referred
Fiscal Note Required: Yes
Current biennium cost increase - General Fund
Future biennium cost increase - Highway Fund
LR2566(01) - Fiscal Note - Page 1 of 1