Public Laws

123rd Legislature

First Regular Session


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Chapter 240

H.P. 383 - L.D. 499

PART SSS

Sec. SSS-1. 5 MRSA §8,  as amended by PL 2005, c. 12, Pt. RRR, §1 and affected by §2, is further amended to read:

§ 8.  Mileage allowance

The State shall pay for the use of privately owned automobiles for travel by employees of the State in the business of the State such reimbursement as agreed to between the State and their certified or recognized bargaining agent. For employees and state officers and officials not subject to any such agreement, the State shall pay 36¢ per mile effective January 1, 2006 and , 38¢ per mile effective January 1, 2007 , 40¢ per mile effective July 1, 2007, 42¢ per mile effective July 1, 2008 and 44¢ per mile effective January 1, 2009, or the federal rate of reimbursement, whichever is lower, for miles actually traveled on state business. The Governor may suspend the operation of this section and require state officials and employees to travel in automobiles owned or controlled by the State, if such automobiles are available.

Sec. SSS-2. Costs to General Fund. Costs to the General Fund must be provided in all or part through a transfer of personal services appropriations within and between departments and agencies and from the Salary Plan account referred to in this Act to cover the projected costs to the General Fund in the amount of $9,524,335 for the fiscal year ending June 30, 2008 and in the amount of $16,554,818 for the fiscal year ending June 30, 2009 to implement the economic terms of the collective bargaining agreements, including market pay adjustments and benefits, made by the State and the Maine State Employees Association, American Federation of State, County and Municipal Employees, Maine State Troopers Association and Maine State Law Enforcement Association and, notwithstanding the Maine Revised Statutes, Title 26, section 979-D, subsection 1, paragraph E, subparagraph (3), for confidential employees.

Sec. SSS-3. Costs to Highway Fund. Costs to the Highway Fund must be provided in all or part through a transfer of personal services allocations within and between departments and agencies and from the Salary Plan account referred to in this Act to cover the projected costs to the Highway Fund in the amount of $2,549,978 for the fiscal year ending June 30, 2008 and in the amount of $5,210,403 for the fiscal year ending June 30, 2009 to implement the economic terms of the collective bargaining agreements, including market pay adjustments and benefits, made by the State and the Maine State Employees Association, American Federation of State, County and Municipal Employees, Maine State Troopers Association and Maine State Law Enforcement Association and, notwithstanding the Maine Revised Statutes, Title 26, section 979-D, subsection 1, paragraph E, subparagraph (3), for confidential employees.

Sec. SSS-4. Lump-sum payment. Employees covered by the collective bargaining agreements described in sections 2 and 3 and employed in a full-time capacity by the State on July 1, 2007 must receive a $700 lump-sum payment in July 2007. Payment must be prorated for an employee employed less than full-time consistent with the terms of the collective bargaining agreement. This sum may not be considered earnable compensation under the Maine State Retirement System.

Sec. SSS-5. Adjustment of salary schedules for fiscal year 2009. Effective at the beginning of the pay week commencing closest to July 1, 2008, the salary schedules for employees subject to the collective bargaining agreements described in sections 2 and 3 must be adjusted upward by 2%.

Sec. SSS-6. Adjustment of salary schedules for calendar year 2009. Effective at the beginning of the pay week commencing closest to January 1, 2009, the salary schedules for employees subject to the collective bargaining agreements described in sections 2 and 3 must be adjusted by eliminating the first step and creating a new last step that is 4% higher than the previous step.

Sec. SSS-7. New, temporary and seasonal employees; similar and equitable treatment. Employees in classifications included in bargaining units subject to the collective bargaining agreements described in sections 2 and 3 who are excluded from collective bargaining pursuant to the Maine Revised Statutes, Title 26, section 979-A, subsection 6, paragraphs E and F must be given similar and equitable treatment on a pro rata basis to that treatment given employees covered by the collective bargaining agreements.

Sec. SSS-8. Confidential employees; similar and equitable treatment. Confidential employees must be given similar and equitable treatment on a pro rata basis to that given employees covered by the collective bargaining agreements described in sections 2 and 3. 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. SSS-9. Employee salaries subject to Governor's adjustment or approval. The Governor is authorized to grant to those unclassified employees whose salaries are subject to the Governor's adjustment or approval similar and equitable treatment consistent with this Part as is given to employees covered by collective bargaining agreements.

Sec. SSS-10. Employees of legislative branch. The Legislative Council may approve salary and benefit increases for employees within the legislative branch, including constitutional officers and the State Auditor, not subject to collective bargaining.

Sec. SSS-11. Transfer from General Fund Salary Plan; Maine Community College System. Notwithstanding the Maine Revised Statutes, Title 5, section 1676 or any other provision of law, in fiscal year 2007-08 and fiscal year 2008-09 the Maine Community College System may receive transfers from the General Fund Salary Plan for the costs of collective bargaining agreements for employees of the Maine Community College System in amounts not to exceed $854,974 in fiscal year 2007-08 and $1,753,149 in fiscal year 2008-09.

Sec. SSS-12. Transfer from General Fund Salary Plan; Governor Baxter School for the Deaf. Notwithstanding the Maine Revised Statutes, Title 5, section 1676 or any other provision of law, in fiscal year 2007-08 and fiscal year 2008-09 the Governor Baxter School for the Deaf may receive transfers from the General Fund Salary Plan for the costs of collective bargaining agreements for employees of the Governor Baxter School for the Deaf in amounts not to exceed $76,553 in fiscal year 2007-08 and $156,934 in fiscal year 2008-09.

Sec. SSS-13. Transfer from General Fund Salary Plan; Judicial Department. Notwithstanding the Maine Revised Statutes, Title 5, section 1676 or any other provision of law, in fiscal year 2007-08 and fiscal year 2008-09 the Judicial Department may receive transfers from the General Fund Salary Plan for the costs of collective bargaining agreements for employees of the Judicial Department in amounts not to exceed $348,096 in fiscal year 2007-08 and $711,616 in fiscal year 2008-09.

Sec. SSS-14. Transfer from Salary Plan and special account funding. The Salary Plan 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 collective bargaining agreements for state employees and for other economic items contained in this Act in fiscal years 2007-08 and 2008-09. Positions supported from sources of funding other than the General Fund and the Highway Fund must be funded from those other sources.

Sec. SSS-15. Authorization for reimbursement of costs associated with contract resolution. The Department of Administrative and Financial Services may be reimbursed from the Salary Plan account for the costs of contract resolution, administration and implementation and other costs required by the process of collective bargaining and negotiation procedures.

Sec. SSS-16. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 5, section 8 takes effect July 1, 2007.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333