An Act To Fund Collective Bargaining Agreements with Executive Branch Employees
Maine Legislature, Session 130, LD 1735
Committee: Appropriations and Financial Affairs
Sponsors: MILLETT

Legislative Document
No. 1735
H.P. 1299
House of Representatives, July 19, 2021
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 MILLETT of Waterford.  (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 2021-22 and 2022-
23.  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, the 
Maine Service Employees Association and any other certified bargaining representative for 
an executive branch bargaining unit must be adjusted consistent with the terms of any 
agreements ratified by December 31, 2021.
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 $20,000,000 for the fiscal year ending June 30, 2022 and up to $25,000,000 
for the fiscal year ending June 30, 2023 to implement the economic terms of the most recent 
collective bargaining agreements made from July 2021 to December 2021 by the State and 
the American Federation of State, County and Municipal Employees, the Maine State 
Troopers Association, the Maine State Law Enforcement Association, the Maine Service 
Employees Association and any other certified bargaining representative for an executive 
branch bargaining unit, 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.  Lump-sum payment.  Any lump-sum payments made pursuant to the terms 
of the collective bargaining agreements funded by this Act may not be considered earnable 
compensation for retirement purposes.
Sec. 7.  Transfer of Personal Services appropriations between programs 
and departments; General Fund.  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 2021-22 and fiscal year 2022-23 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 2021-22 and 2022-23.  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; Highway Fund.  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 2021-22 and fiscal year 2022-23 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, the Maine State Law Enforcement Association, the 
Maine Service Employees Association and any other certified bargaining representative for 
an executive branch bargaining unit 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 2021-22 
and in fiscal year 2022-23 consistent with agreements ratified by December 31, 2021.  The 
bill provides for similar and equitable treatment of confidential employees, probationary 
employees and other employees excluded from collective bargaining.