H.P. 1177 - L.D. 1668
Sec. G-1. 5 MRSA §1582, sub-§4, as amended by PL 2009, c. 213, Pt. BB, §1, is further amended to read:
4. Use of savings; personal services funds.
Savings accrued from unused funding of employee benefits may not be used to increase services provided by employees. Accrued salary savings generated within an appropriation or allocation for Personal Services may be used for the payment of nonrecurring Personal Services costs only within the account where the savings exist. Accrued savings generated from vacant positions within a General Fund account's appropriation for Personal Services may be used to offset Personal Services shortfalls in other General Fund accounts that occur as a direct result of Personal Services appropriation reductions for projected vacancies, and accrued savings generated within a Highway Fund account's allocations for Personal Services may be used to offset Personal Services shortfalls in other Highway Fund accounts that occur as a direct result of Personal Services allocation reductions for projected vacancies; except that the transfer of such accrued savings is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Costs related to acting capacity appointments and emergency, unbudgeted overtime for which it is impractical to 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. At the close of each fiscal year, any unexpended General Fund Personal Services appropriations to executive branch agencies including accounts that are authorized to carry unexpended balances forward must lapse to the Salary Plan program, General Fund account in the Department of Administrative and Financial Services.
Sec. G-2. Salary Plan program; lapsed balances; Administrative and Financial Services, General Fund. Notwithstanding any other provision of law, $500,000 at the close of fiscal year 200910 and $468,985 at the close of fiscal year 201011 of unencumbered balance forward in the Personal Services line category in the Salary Plan program, General Fund account in the Department of Administrative and Financial Services lapses to the General Fund unappropriated surplus.