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PRIVATE & SPECIAL LAWS
Second Regular Session of the 120th

CHAPTER 44
H.P. 1554 - L.D. 2057

An Act to Fund the Collective Bargaining Agreements and Benefits of State Employees Who are Members of the American Federation of State, County and Municipal Employees, Council No. 93

     Emergency preamble. Whereas, Acts 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, 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:

PART A

     Sec. A-1. Costs to General Fund. Costs to the General Fund are provided in the salary plan program referred to in Part B, section 1 of this Act to cover the costs to the General Fund in the amount of $1,232,965 for the fiscal year ending June 30, 2002 and in the amount of $3,612,439 for the fiscal year ending June 30, 2003 to implement the economic terms of the collective bargaining agreement made by the State and the American Federation of State, County and Municipal Employees, Council #93, including market and pay equity adjustments and benefits.

     Sec. A-2. Lump-sum payment. Employees employed by the State on February 1, 2002 must receive a 3% lump-sum payment for the period beginning from the start of the pay week commencing closest to July 1, 2001 through January 12, 2002 consistent with the terms of the collective bargaining agreement.

     Sec. A-3. Adjustment of salary schedules for fiscal year 2001-02. Effective at the beginning of the pay week commencing closest to January 13, 2002, the salary schedules for employees in section 1 of this Part must be adjusted by 3% consistent with the terms of the collective bargaining agreement.

     Sec. A-4. Adjustment of salary schedules for fiscal year 2002-03. Effective at the beginning of the pay week commencing closest to July 1, 2002, the salary schedules for employees in section 1 of this Part must be adjusted by 2% consistent with the terms of the collective bargaining agreement.

     Sec. A-5. Adjustment of salary schedules for fiscal year 2002-03. Effective at the beginning of the pay week commencing closest to January 1, 2003, the salary schedules for employees in section 1 of this Part must be adjusted by 2% consistent with the terms of the collective bargaining agreement.

     Sec. A-6. Additional step in salary schedule. Effective January 1, 2003, a new step 7 at 3% above the current highest step of the salary schedule is added as a market pay adjustment to be implemented consistent with the terms of the collective bargaining agreement.

     Sec. A-7. New employees; similar and equitable treatment. Employees in classifications included in bargaining units in section 1 of this Part 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 given employees covered by the collective bargaining agreement.

PART B

     Sec. B-1. Transfer from salary plan program and special account funding. The salary plan program 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 year 2001-02 and fiscal year 2002-03. Positions supported from sources of funding other than the General Fund must be funded whenever possible from those other sources.

     Sec. B-2. Authorization for reimbursement of costs associated with contract resolution. The Department of Administrative and Financial Services may be reimbursed from the salary plan program for the costs of contract resolution, administration, 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 Act takes effect when approved.

Effective January 15, 2002.

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