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 referred to in sections 1 and 2 of this Part must be adjusted by 2%.

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 sections 1 and 2 of this Part must be adjusted by 2%.

Sec. A-6. New employees; similar and equitable treatment. Employees in classifications included in bargaining units referred to in sections 1 and 2 of this Part but 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 equitable treatment on a pro rata basis similar to that treatment given employees covered by the collective bargaining agreements.

Sec. A-7. 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. For the purposes of this Part, "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. A-8. Employees' salaries subject to Governor's adjustment or approval. The Governor is authorized to grant similar and equitable treatment consistent with this Act for those unclassified employees whose salaries are subject to the Governor's adjustment or approval.

Sec. A-9. 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.

PART B

Sec. B-1. Adjustment of salary schedules for fiscal year 2001-02. Effective at the beginning of the pay week commencing closest to July 1, 2001, the salary schedules for the employees of the Judicial Department in the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit and employees referred to in sections 4 and 5 of this Part must be adjusted by 3%. Employees referred to in section 5 of this Part must also receive miscellaneous step adjustments.

Sec. B-2. 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 of the Judicial Department in the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit and employees referred to in sections 4 and 5 of this Part must be adjusted by 2%.

Sec. B-3. Adjustment of salary schedules for fiscal year 2002-03. Effective at the beginning of the pay period commencing closest to January 1, 2003, the salary schedules for the employees of the Judicial Department in the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit and employees referred to in sections 4 and 5 of this Part must be adjusted by 2%.

Sec. B-4. Other employees; similar and equitable treatment. Employees of the Judicial Department in classifications included in the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit but who are excluded from collective bargaining pursuant to the Maine Revised Statutes, Title 26, section 1282, subsection 5, paragraphs C, F and G must be given similar and equitable treatment on a pro rata basis similar to that treatment given employees covered by the collective bargaining agreements.

Sec. B-5. Excepted employees; similar and equitable treatment. For the purposes of this Part, "excepted employees" means the employees within the Judicial Department who are in positions excluded from bargaining units pursuant to the Maine Revised Statutes, Title 26, section 1282, subsection 5, paragraphs C, D and E, other than those referred to in section 4 of this Part, and who must be given similar and equitable treatment on a pro rata basis similar to that treatment given employees covered by the collective bargaining agreements.

Sec. B-6. Costs to General Fund. Costs to the General Fund must be provided in the Salary Plan program, referred to in Part C, section 1 of this Act, in the amount of $430,412 for the fiscal year ending June 30, 2002 and in the amount of $925,565 for the fiscal year ending June 30, 2003 to implement the economic terms of the collective bargaining agreements made between the Judicial Department and the Maine State Employees Association for the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit and, notwithstanding the Maine Revised Statutes, Title 26, section 1285, subsection 1, paragraph E, for the costs of those Judicial Department employees excluded from collective bargaining pursuant to Title 26, section 1282, subsection 5, paragraphs C, D, E, F and G.

PART C

Sec. C-1. Transfer from Salary Plan 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 and the Highway Fund must be funded whenever possible from those other sources.

Sec. C-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.

PART D

Sec. D-1. 5 MRSA §8, as amended by PL 1999, c. 454, Pt. E, §1, 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 24¢ per mile effective July 1, 1998, 26¢ per mile effective January 1, 2000 and 28¢ per mile

effective January 1, 2001 30__per mile effective July 1, 2001 and 32__per mile effective July 1, 2002 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.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

FISCAL NOTE

This bill represents legislative approval of the funding for the cost items in the collective bargaining agreements reached between the State and the Maine State Employees Association and the Maine State Troopers Association. The bill also provides authorization for similar and equitable treatment for certain other state employees.

Funding for the General Fund costs of these collective bargaining agreements and the extension of similar treatment to certain other state employees, estimated to be $10,312,803 in fiscal year 2001-02 and $17,440,253 in fiscal year 2002-03, is provided by authorization for transfers from the Salary Plan program within the Department of Administrative and Financial Services. Funding for the Highway Fund costs of these collective bargaining agreements and the extension of similar treatment to certain other state employees, estimated to be $3,722,039 and $6,699,146 in fiscal years 2001-02 and 2002-03, respectively, is also provided by similar authorization for transfers from the Salary Plan program. The total estimated General Fund cost of the agreements in fiscal year 2003-04 is approximately $19,866,000, and the estimated Highway Fund cost is approximately $7,718,000.

Based on projected balances forward, estimated reserves, other commitments and proposed General Fund appropriations and Highway Fund allocations, sufficient resources are not available in the Salary Plan program for either the General Fund or the Highway Fund. The estimated shortfall for the General Fund Salary Plan program for the 2002-2003 biennium is approximately $3,770,700. The estimated shortfall during this same period for the Highway Fund Salary Plan program is approximately $1,422,400. These shortfalls are expected to be absorbed by state departments and agencies by additional attrition savings.

SUMMARY

Part A implements the cost items in the collective

bargaining agreements reached between the State and the Maine State Employees Association and the Maine State Troopers Association and for confidential employees as follows.

1. It reflects the costs from the General Fund to fund salary increases, market and pay equity adjustments and benefits.

2. It reflects the costs from the Highway Fund to fund salary increases, market and pay equity adjustments and benefits.

3. It provides for the adjustment of salary schedules in fiscal year 2001-02.

4. It provides for the adjustment of salary schedules in fiscal year 2002-03.

5. It provides for similar and equitable treatment of probationary and other employees.

6. It provides for similar and equitable treatment of confidential employees.

7. It provides for similar and equitable treatment of employees whose salaries are subject to adjustment by the Governor.

8. It provides for similar and equitable treatment of employees of the legislative branch.

Part B implements the cost items in the collective bargaining agreements reached between the Judicial Department and the Maine State Employees Association for the administrative services bargaining unit, the supervisory bargaining unit and the professional bargaining unit and for confidential employees.

1. It provides for the adjustment of salary schedules in fiscal year 2001-02.

2. It provides for the adjustment of salary schedules in fiscal year 2002-03.

3. It provides for similar and equitable treatment of probationary and other employees.

4. It provides for similar and equitable treatment of confidential employees.

5. It reflects the costs from the General Fund to fund salary increases.

Part C authorizes use of the salary plan to fund the collective bargaining agreements and other cost items, provides that positions supported from other funds must be funded whenever possible from those other sources and provides for reimbursement to the Department of Administrative and Financial Services for costs incurred in the process of collective bargaining and contract administration and related costs.

Part D amends the Maine Revised Statutes, Title 5, section 8 by increasing the rate of mileage reimbursement for state employees for the use of their privately owned vehicles from 28¢ to 30¢ effective July 1, 2001 and from 30¢ to 32¢ effective July 1, 2002.