CHAPTER 646
H.P. 1451 - L.D. 1951
An Act To Clarify the Administrative and Financial Relationship between the Maine Military Authority and the State of Maine
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, it is necessary to clarify the status of the Maine Military Authority to ensure that it is eligible to compete for contracts offered by the Federal Government immediately; 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 §931, sub-§1, ¶L-3, as amended by PL 2001, c. 374, §2, is further amended to read:
L-3. The Executive Analyst of the Board of Environmental Protection; and
Sec. 2. 5 MRSA §931, sub-§1, ¶L-4, as enacted by PL 2001, c. 374, §3, is repealed.
Sec. 3. 26 MRSA §962, sub-§7, ¶A, as amended by PL 2001, c. 374, §6, is further amended to read:
A. Any officer, board, commission, council, committee or other persons or body acting on behalf of:
(1) Any municipality or any subdivision of a municipality;
(2) Any school, water, sewer, fire or other district;
(3) The Maine Turnpike Authority;
(4) Any board of directors functioning as a regional intermediate education unit pursuant to Title 20-A, section 7730;
(5) Any county or subdivision of a county;
(6) The Maine State Retirement System; or
(7) The Governor Baxter School for the Deaf; or
(8) The Maine Military Authority; or
Sec. 4. 37-B MRSA §105, first ¶, as repealed and replaced by PL 1993, c. 680, Pt. A, §32, is amended to read:
The Governor may create, organize, abolish or reorganize staff sections that the Governor determines necessary to provide for the National Guard and, other state military forces, and the Maine Military Authority and appoint staff officers necessary to provide for the operation of the staff sections. Officers of these those sections shall perform the duties required of them by law and those other duties not inconsistent with the laws of the State that correspond to the duties performed by officers in corresponding staff sections in the federal military establishment.
Sec. 5. 37-B MRSA §157, as enacted by PL 2001, c. 374, §7, is repealed and the following enacted in its place:
§157. Maine Military Authority Enterprise Fund
1. Maine Military Authority Enterprise Fund; established. The Maine Military Authority Enterprise Fund is established to fund activities of the Maine Military Authority, established in section 391, including, but not limited to, the following:
A. Operating the Maine Readiness Sustainment Maintenance Center; and
B. Maintaining, rebuilding, repairing, storing and manufacturing equipment for the following:
(1) The State and its political subdivisions;
(2) The United States Department of the Army, Department of the Air Force, Department of the Navy and Department of Homeland Security; and
(3) Foreign governments working in conjunction with the foreign military sales program of the United States Department of Defense.
2. Maine Military Authority Enterprise Fund account. The Military Bureau shall establish, through the Department of Administrative and Financial Services, Bureau of Accounts and Control, the Maine Military Authority Enterprise Fund account. The funds deposited in the account include, but are not limited to, the following:
A. Appropriations made to the account;
B. Funds transferred to the account from within the department;
C. Funds received for the purposes stated in subsection 1, paragraph B;
D. Earnings from the fund from the Treasurer of State's cash pool; and
E. In accordance with applicable law, proceeds from the sale of vehicles and equipment under the administrative control of the Maine Military Authority by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services.
3. Receive revenue; expend proceeds. The Adjutant General may receive operating revenues of the Maine Military Authority and expend those proceeds in accordance with section 399.
Sec. 6. 37-B MRSA §391, as amended by PL 2003, c. 342, §4, is repealed and the following enacted in its place:
§391. Maine Military Authority established
The Maine Military Authority is established within the Executive Department.
Sec. 7. 37-B MRSA §392, sub-§2, as enacted by PL 2001, c. 374, §8, is repealed.
Sec. 8. 37-B MRSA §393, sub-§§3 to 7, as enacted by PL 2001, c. 374, §8, are amended to read:
3. Accept financial assistance. Accept, through the normal budgetary process, financial assistance and in-kind assistance, advances, loans, grants, gifts, contributions and other forms of financial assistance from the Federal Government and the State Government or its agencies, municipality from municipalities or other public body bodies or from other sources, public or private;
4. Provide money for upkeep. Provide from operating revenues money for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the Legislature;
5. Acquire property. Acquire for use by the authority real or personal property or any interest in real or personal property, including rights or easements, on either a temporary or permanent basis, by gift, purchase, transfer, lease or otherwise, subject to the approval of the Legislature;
6. Dispose of property. Notwithstanding any other provision of In accordance with applicable state law, hold, sell, lease, rent or otherwise dispose of any real or personal property, or any interest in real or personal property, and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, and these proceeds become and remain operating revenues except that the Adjutant General may not sell any interest in real property without following the provisions of section 264;
7. Procure insurance. Procure insurance through the Risk Management Division against any loss in connection with property of the authority and other assets in amounts and from insurers that the Adjutant General considers desirable through the auspices of the Risk Management Division Director of Risk Management determines necessary or desirable to protect the State from risks or losses; and
Sec. 9. 37-B MRSA §394, as enacted by PL 2001, c. 374, §8, is amended to read:
1. Employees. The Adjutant General may employ an executive director, a general manager, technical experts and other agents and employees, permanent or temporary, for the authority. Employees of the authority are not Such employees are subject to the Civil Service Law.
2. Service at pleasure of Adjutant General. The executive director and general manager serve at the pleasure of the Adjutant General.
3. Legal services. The Office of the Attorney General shall provide legal services for the authority, or, at the discretion of the Adjutant General, the Adjutant General may use the services of those judge advocates of the Maine National Guard either on state active service or otherwise compensated by the authority with the permission of the Adjutant General, retain outside counsel.
4. Establish positions. By financial order, the Adjutant General may establish positions necessary to support the operations of the Maine Readiness Sustainment Center in Limestone or to maintain, repair, store and manufacture equipment under section 157. In order for a position that is established by financial order to become permanent, it must be presented to the next session of the Legislature through the normal budgetary process.
5. Employee administration. Notwithstanding the provisions of Title 26, section 979-A, subsection 5, the Governor shall direct the authority to develop and execute employee relations policies, conduct negotiations with certified and recognized bargaining agents for its employees and administer and interpret the collective bargaining agreements applying to the employees of the authority consistent with the overall objectives of the Governor. The Department of Administrative and Financial Services, Bureau of Employee Relations shall assist and advise the Governor and the authority, in order to ensure compliance with state and federal labor and employment laws consistent with the overall objectives of the Governor. Employees of the authority are essential employees for the purpose of shutdown or furlough days imposed on employees of the State.
Sec. 10. 37-B MRSA §395, as enacted by PL 2001, c. 374, §8, is amended to read:
The Adjutant General shall ensure the accurate and timely maintenance of books, records, accounts and other evidences of the financial transactions of all the authority's activities in accordance with accounting standards established by a governmental accounting standards board and the State Controller. Books and records must be open to inspection and audit by the Maine National Guard, the State Auditor and the Federal Government audit in conjunction with federal contracts, agreements, grants or cooperative agreements but are otherwise confidential and not subject to Title 1, chapter 13, subchapter I 1. The State Auditor shall periodically conduct an audit of the financial records of the authority and report the results of the audit to the Adjutant General, the State Controller, the Governor and the Legislature. The Adjutant General may maintain the required books, records, accounts and other evidences of the financial transactions of all of the authority's activities or enter into service agreements or contracts with departments and agencies of State Government for that purpose.
Sec. 11. 37-B MRSA §396, as enacted by PL 2001, c. 374, §8, is amended to read:
The Adjutant General shall establish a budget for the authority and shall present that budget to the Governor and the Legislature. Budget development and presentation to the Governor and the Legislature must be in the form used by a body corporate and politic and an instrumentality of the State.
Sec. 12. 37-B MRSA §398, as enacted by PL 2001, c. 374, §8, is repealed.
Sec. 13. 37-B MRSA §399, as enacted by PL 2001, c. 374, §8, is amended to read:
Revenue generated by the authority must first be used to support the operation of the authority, including segregation of money for future capital repairs. All other unexpended balances may At the close of the fiscal year, unreserved retained earnings as identified by the State Controller may be transferred at any time prior to the closing of the books to any other non-General Fund state account of an account established within the Military Bureau, including, but not limited to, to be used for capital repair repairs and maintenance of state armories and Maine National Guard tuition assistance.
Sec. 14. Transition. The following provisions apply to the Maine Military Authority.
1. Classified and unclassified employees assigned to the Maine Military Authority must be transferred to the Executive Department.
2. All contracts, agreements and compacts to which the Maine Military Authority is a party and that are in effect on the effective date of this Act remain in effect until they expire or are altered by the parties involved in the contracts, agreements or compacts.
3. Commencing with the 2006-2007 fiscal biennium, the Maine Military Authority shall submit a line category budget to the Governor to be included in the unified biennial budget for all state agencies that is submitted to the Legislature as a part of the normal budgetary process.
4. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Maine Military Authority may establish a head count of personnel and, upon the recommendation of the State Budget Officer and approval of the Governor, allot expenditures by financial order based on estimated revenue in order to implement the provisions of this Act. Furthermore, all accrued expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues or other available funds in accounts or subdivisions of accounts of the authority remain in those accounts. By January 30, 2005, the Governor shall submit to the Legislature a revised and unified budgetary request by line category detailing the anticipated revenues and expenditures for the fiscal year commencing July 1, 2004.
5. The Department of Administrative and Financial Services, Bureau of Human Resources shall review the personnel policies and practices of the Maine Military Authority for consistency with the Civil Service Law. When the bureau has determined that the policies and practices of the authority are in compliance with the Civil Service Law, it shall authorize administration of civil service and classification functions at the authority to the extent the authority's actions are consistent with applicable law and with any existing collective bargaining agreement or practice.
The existing job titles in use at the authority must be established within the state classification file, with distinguishing class codes to be used solely by the authority. New positions must be established through a process and specifications must be written in a format mutually agreed upon between the bureau and the authority in a manner consistent with any existing collective bargaining obligation or practice.
6. Fringe benefits from current Maine Military Authority employment of transferred personnel, including vacation and sick leave, accrued seniority, health and life insurance and retirement, remain with the transferred personnel. The rights and benefits under statutes, rules and applicable collective bargaining agreements in effect on the effective date of this Act must be maintained for all personnel at the authority until changed in accordance with applicable labor law principles. The rights and benefits of personnel hired after the effective date of this Act whose positions are included within a bargaining unit are the same as those transferred employees once the newly hired personnel are eligible employees under applicable law or the applicable collective bargaining agreement. To the extent permitted by law the authority shall bargain collectively with its employees and administer any collective bargaining agreements.
7. All transferred employees who are represented by a bargaining agent on the effective date of this Act continue to be represented by that bargaining agent. Following the effective date of this Act, a petition for decertification or certification of a new bargaining agent may be filed in accordance with the Maine Revised Statutes, Title 26, chapter 9-B and the rules of the Maine Labor Relations Board.
8. The Department of Administrative and Financial Services shall assist the Maine Military Authority with the orderly implementation of these provisions.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 14, 2004.
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