An Act to Address Chronic Understaffing of State Government Positions
Maine Legislature, Session 131, LD 2121
Committee: State and Local Government
Sponsors: GATTINE, VITELLI, CLOUTIER, COLLINGS, STOVER, TALBOT ROSS, TERRY, BALDACCI, DAUGHTRY, JACKSON
Amends: 5 MRSA §19-C, 5 MRSA §7065

Legislative Document
No. 2121
H.P. 1345
House of Representatives, January 3, 2024
An Act to Address Chronic Understaffing of State Government 
Positions
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GATTINE of Westbrook.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: CLOUTIER of Lewiston, COLLINGS of Portland, STOVER of Boothbay, 
Speaker TALBOT ROSS of Portland, TERRY of Gorham, Senators: BALDACCI of 
Penobscot, DAUGHTRY of Cumberland, President 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, currently one in 6 positions in State Government is vacant, and 
understaffing harms not only state employees but all residents of the State, affecting in 
some cases the availability of care for the most vulnerable, the safety of the public and 
workers and the ability of families to purchase the basic necessities of life; and
Whereas, this legislation provides several means of addressing the chronic 
understaffing of State Government positions; and
Whereas, it is important that this legislation take effect as soon as possible in order 
that improvements to the hiring process are made immediately and that funding for other 
measures may be made available; 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.  5 MRSA §19-C is enacted to read:
§19-C.  Executive branch job vacancies report
On or before January 31st of each year, the Department of Administrative and Financial 
Services, Bureau of Human Resources shall submit a report regarding job vacancies within 
the executive branch to the joint standing committees of the Legislature having jurisdiction 
over appropriations and financial affairs and over state and local government matters.  The 
report must include vacancy rates and percentages by position, department and location in 
the State.
Sec. 2.  5 MRSA §7065, sub-§2-D, ¶A, as enacted by PL 1993, c. 705, §2, is 
amended to read:
A.  Payment of a recruitment and retention adjustment may be authorized only when 
justified by at least one of the following conditions.:
(1)  High turnover exists or long-term vacancies exist within State Government in 
the relevant occupational classifications or job series.;
(2)  The relevant occupational classification or job series has a clear, 
geographically definable labor market within which the State must compete.;
(3)  All appropriate recruitment and retention efforts have been attempted and have 
proven ineffective at the current levels of compensation.; or
(4)  Comprehensive, verifiable documentation of labor market compensation levels 
for the relevant occupation has been compiled to determine competitive pay levels 
within the defined labor market.  This documentation must demonstrate that a labor 
market disparity exists and that the disparity represents a long-term, not transitory 
or seasonal, problem.
Sec. 3.  5 MRSA §7065, sub-§2-D, ¶C, as corrected by RR 2023, c. 1, Pt. B, §38 
and affected by §50, is amended to read:
C.  To assist the officer in making a determination under paragraphs A and B, a 
committee must be formed to evaluate each request from an agency or bargaining agent 
for a recruitment or retention adjustment.  The committee must be composed of a 
representative of the bureau, a representative of the employing agency or agencies and 
a representative of the bargaining agent, if applicable.  The committee shall evaluate 
the request against the criteria specified in paragraphs A and B and shall conduct 
studies as the committee considers necessary to evaluate the request.  The committee 
shall, by majority vote, provide If the committee can agree on the appropriate 
adjustments, the committee shall issue to the officer, the agency and the bargaining 
agent, if applicable, with a report recommending and documenting adjustments 
authorized under this subsection.  If the committee cannot agree on the appropriate 
adjustments, the matter must be submitted to a neutral 3rd party for a final decision and 
report.  The neutral 3rd party may be jointly agreed upon by the officer, the agency and 
the bargaining agent, if applicable, or, if no agreement can be reached, must be 
appointed by the Maine Labor Relations Board in accordance with the procedure 
outlined in Title 26, section 979-D, subsection 4, paragraph B.  The officer, the agency 
and the bargaining agent, if applicable, shall act on this the report.  If a funding request 
is necessary to implement an approved adjustment, the officer shall submit the cost 
items for inclusion in the Governor's next operating budget within 10 days after action 
on the report.
Sec. 4.  State agency recruitment programs.  The Department of Administrative 
and Financial Services, Bureau of Human Resources shall work with public and private 
sector bargaining agents to establish recruitment programs for state agencies, with an 
emphasis on agencies experiencing chronic understaffing issues that are creating public 
safety and well-being concerns. 
Sec. 5.  State Government hiring process plan and report.  The Department 
of Administrative and Financial Services, Bureau of Human Resources shall develop a plan 
to improve the State Government hiring process and submit a report to the joint standing 
committee of the Legislature having jurisdiction over state and local government matters 
by February 15, 2025.  The committee is authorized to report out a bill on the subject matter 
of the report to the Second Regular Session of the 132nd Legislature.  
Sec. 6.  Transfer from General Fund unappropriated surplus; Salary Plan 
program.  Notwithstanding any provision of law to the contrary, on or before July 1, 
2024, the State Controller shall transfer $165,000,000 from the unappropriated surplus of 
the General Fund to a newly established Executive Branch - Salary Adjustment, Other 
Special Revenue Funds account within the Salary Plan program in the Department of 
Administrative and Financial Services to fund a new classification and compensation 
system for employees of State Government, as initiated by the memorandum of agreement 
with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019, to 
take effect July 1, 2024.
Sec. 7.  Appropriations and allocations.  The following appropriations and 
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Salary Plan 0305
Initiative: Allocates one-time funds to support a new classification and compensation 
system for employees of State Government as initiated by the memorandum of agreement 
with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019 to take 
effect July 1, 2024.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
Personal Services
$0
$165,000,000
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$165,000,000
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill addresses the chronic understaffing of positions in State Government through 
several measures.  The bill:
1.  Requires the Department of Administrative and Financial Services, Bureau of 
Human Resources to submit an annual report to the Legislature regarding job vacancies 
within the executive branch;
2.  Amends the laws governing executive department recruitment and retention 
adjustments by clarifying when payment of a recruitment and retention adjustment may be 
authorized and requiring the use of a neutral 3rd party for a final decision and report on an 
adjustment when the committee formed to evaluate the request for an adjustment cannot 
reach an agreement;
3.  Requires the bureau to work with public and private sector bargaining agents to 
establish recruitment programs for state agencies and to develop a plan to improve the State 
Government hiring process; and 
4.  Requires the State Controller to transfer $165,000,000 from the unappropriated 
surplus of the General Fund to a newly established Executive Branch - Salary Adjustment, 
Other Special Revenue Funds account within the Salary Plan program in the Department 
of Administrative and Financial Services to fund a new classification and compensation 
system for employees of State Government, as initiated by the memorandum of agreement 
with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019, to 
take effect July 1, 2024.