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budget in advance may be used with the approval of the appointing | | authority. Other actions such as retroactive compensation for | | reclassifications or reallocations and retroactive or one-time | | settlements related to arbitrator or court decisions must be | | recommended by the department or agency head and approved by the | | State Budget Officer. Salary and employee benefits savings may not | | be used to fund recurring Personal Services actions either in the | | account where the savings exist or in another account. |
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| | | Sec. T-2. 5 MRSA §1583-A, as amended by PL 1999, c. 401, Pt. J, §1, | | is further amended to read: |
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| | | §1583-A. Creation of positions |
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| | | Notwithstanding any other provision of law, limited period, | project or any | financial order so long as the end date for such | | does not exceed the statutory adjournment date for the next | | regular session of the Legislature. Temporary positions | | established by financial order may not be continued past the | | statutory adjournment date unless the Legislature specifically | | appropriates or allocates funds to continue those positions. |
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| | | 2.__Workers' compensation positions.__Limited-period positions | | may be established for former regular employees of the State who | | are presently receiving workers' compensation payments from the | | State when that action enables those employees to return to | | productive employment with the State.__These positions may be | | established, if funds are available, only until those employees | | can be returned to regular positions.__Notwithstanding any other | | restrictions on funds appropriated or allocated, the State Budget | | Officer may, after determining that funds are available, either | | approve the use of these funds or recommend appropriate action to | | the Governor when the Governor's approval is required.__Available | | funds may include amounts appropriated or allocated for Personal | | Services, including funds in any salary account or special | | account for state employee salary increases, All Other, Capital | | Expenditures and unallocated. |
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| | | 3.__Number of necessary employees.__The Governor and the State | | Budget Officer when preparing the budget proposals for the | | Legislature may at their discretion make the necessary | | adjustments to reflect the number of limited-period positions | | that, in their opinion, are necessary to the proper operation of | | each department, institution or agency. |
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| | | 4.__Federally funded programs.__If federal funds are not | | available as anticipated for programs, there is no obligation to | | provide state funds in excess of those appropriated or allocated | | by the Legislature.__Positions entirely or partially funded by |
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