S.P. 455 - L.D. 1330
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §1403, sub-§2, ¶A, as amended by PL 1995, c. 502, Pt. F, §18, is further amended to read:
A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be necessary, including those intermittent employees as defined in Title 5, section 7053 needed to offset the overtime costs related to unscheduled, unanticipated overtime. These intermittent positions may only be used at specific posts or work sites to be identified through an agreed-upon discussion process with labor in the institutional services unit must be identified through a separate agreement with labor and may be used only at preidentified posts and work sites. Use of intermittent employees for the purposes of overtime must be governed by an agreement between the parties.
Sec. 2. Intermittent positions. Notwithstanding the Maine Revised Statutes, Title 5, section 1583-A or any other provision of law, the Department of Corrections for fiscal year 1999-00 only may establish, providing funds are available, intermittent positions for the purpose of performing duties for which unbudgeted overtime would otherwise be incurred.
Notwithstanding any other restriction on funds appropriated or allocated to the Department of Corrections, the State Budget Officer may, after determining that funds are available, either approve the use of the funds or recommend appropriate action to the Governor when the Governor's approval is required.
Available funds may include amounts appropriated or allocated to the Department of Corrections for Personal Services, including funds in any salary account or special account for state employee salary increases, All Other and Capital Expenditures or unallocated funds.
Sec. 3. Report. The Commissioner of Corrections shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Criminal Justice by January 14, 2000 concerning the department's utilization of the authority granted in section 2.
Effective September 18, 1999, unless otherwise indicated.
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