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131st MAINE LEGISLATURE
SECOND REGULAR SESSION-2024
Legislative Document No. 2121H.P. 1345House of Representatives, January 3, 2024
An Act to Address Chronic Understaffing of State Government
Positions
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GATTINE of Westbrook.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: CLOUTIER of Lewiston, COLLINGS of Portland, STOVER of Boothbay,
Speaker TALBOT ROSS of Portland, TERRY of Gorham, Senators: BALDACCI of
Penobscot, DAUGHTRY of Cumberland, President JACKSON of Aroostook. Page 1 - 131LR2890(01)1 acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 currently one in 6 positions in State Government is vacant, and
4 understaffing harms not only state employees but all residents of the State, affecting in
5 some cases the availability of care for the most vulnerable, the safety of the public and
6 workers and the ability of families to purchase the basic necessities of life; and
7 this legislation provides several means of addressing the chronic
8 understaffing of State Government positions; and
9
10 that improvements to the hiring process are made immediately and that funding for other
11 measures may be made available; and
12 in the judgment of the Legislature, these facts create an emergency within
13 the meaning of the Constitution of Maine and require the following legislation as
14 immediately necessary for the preservation of the public peace, health and safety; now,
15 therefore,
16
17 is enacted to read:
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19 On or before January 31st of each year, the Department of Administrative and Financial
20 Services, Bureau of Human Resources shall submit a report regarding job vacancies within
21 the executive branch to the joint standing committees of the Legislature having jurisdiction
22 over appropriations and financial affairs and over state and local government matters. The
23 report must include vacancy rates and percentages by position, department and location in
24 the State.
25 as enacted by PL 1993, c. 705, §2, is
26 amended to read:
27 A. Payment of a recruitment and retention adjustment may be authorized only when
28 justified by at least one of the following conditions.:
29 (1) High turnover exists or long-term vacancies exist within State Government in
30 the relevant occupational classifications or job series.;
31 (2) The relevant occupational classification or job series has a clear,
32 geographically definable labor market within which the State must compete.;
33 (3) All appropriate recruitment and retention efforts have been attempted and have
34 proven ineffective at the current levels of compensation.; or
35 (4) Comprehensive, verifiable documentation of labor market compensation levels
36 for the relevant occupation has been compiled to determine competitive pay levels
37 within the defined labor market. This documentation must demonstrate that a labor
38 market disparity exists and that the disparity represents a long-term, not transitory
39 or seasonal, problem. Page 2 - 131LR2890(01)
1 as corrected by RR 2023, c. 1, Pt. B, §38
2 and affected by §50, is amended to read:
3 C. To assist the officer in making a determination under paragraphs A and B, a
4 committee must be formed to evaluate each request from an agency or bargaining agent
5 for a recruitment or retention adjustment. The committee must be composed of a
6 representative of the bureau, a representative of the employing agency or agencies and
7 a representative of the bargaining agent, if applicable. The committee shall evaluate
8 the request against the criteria specified in paragraphs A and B and shall conduct
9 studies as the committee considers necessary to evaluate the request. The committee
10 shall, by majority vote, provide If the committee can agree on the appropriate
11 adjustments, the committee shall issue to the officer, the agency and the bargaining
12 agent, if applicable, with a report recommending and documenting adjustments
13 authorized under this subsection. If the committee cannot agree on the appropriate
14 adjustments, the matter must be submitted to a neutral 3rd party for a final decision and
15 report. The neutral 3rd party may be jointly agreed upon by the officer, the agency and
16 the bargaining agent, if applicable, or, if no agreement can be reached, must be
17 appointed by the Maine Labor Relations Board in accordance with the procedure
18 outlined in Title 26, section 979-D, subsection 4, paragraph B. The officer, the agency
19 and the bargaining agent, if applicable, shall act on this the report. If a funding request
20 is necessary to implement an approved adjustment, the officer shall submit the cost
21 items for inclusion in the Governor's next operating budget within 10 days after action
22 on the report.
23 The Department of Administrative
24 and Financial Services, Bureau of Human Resources shall work with public and private
25 sector bargaining agents to establish recruitment programs for state agencies, with an
26 emphasis on agencies experiencing chronic understaffing issues that are creating public
27 safety and well-being concerns.
28
29 of Administrative and Financial Services, Bureau of Human Resources shall develop a plan
30 to improve the State Government hiring process and submit a report to the joint standing
31 committee of the Legislature having jurisdiction over state and local government matters
32 by February 15, 2025. The committee is authorized to report out a bill on the subject matter
33 of the report to the Second Regular Session of the 132nd Legislature.
34
35 Notwithstanding any provision of law to the contrary, on or before July 1,
36 2024, the State Controller shall transfer $165,000,000 from the unappropriated surplus of
37 the General Fund to a newly established Executive Branch - Salary Adjustment, Other
38 Special Revenue Funds account within the Salary Plan program in the Department of
39 Administrative and Financial Services to fund a new classification and compensation
40 system for employees of State Government, as initiated by the memorandum of agreement
41 with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019, to
42 take effect July 1, 2024.
43 The following appropriations and
44 allocations are made.
45 Page 3 - 131LR2890(01)
1
2 Initiative: Allocates one-time funds to support a new classification and compensation
3 system for employees of State Government as initiated by the memorandum of agreement
4 with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019 to take
5 effect July 1, 2024.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25Personal Services $0$165,000,000
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0$165,000,000
6
7 takes effect when approved.
12
13 This bill addresses the chronic understaffing of positions in State Government through
14 several measures. The bill:
15 1. Requires the Department of Administrative and Financial Services, Bureau of
16 Human Resources to submit an annual report to the Legislature regarding job vacancies
17 within the executive branch;
18 2. Amends the laws governing executive department recruitment and retention
19 adjustments by clarifying when payment of a recruitment and retention adjustment may be
20 authorized and requiring the use of a neutral 3rd party for a final decision and report on an
21 adjustment when the committee formed to evaluate the request for an adjustment cannot
22 reach an agreement;
23 3. Requires the bureau to work with public and private sector bargaining agents to
24 establish recruitment programs for state agencies and to develop a plan to improve the State
25 Government hiring process; and
26 4. Requires the State Controller to transfer $165,000,000 from the unappropriated
27 surplus of the General Fund to a newly established Executive Branch - Salary Adjustment,
28 Other Special Revenue Funds account within the Salary Plan program in the Department
29 of Administrative and Financial Services to fund a new classification and compensation
30 system for employees of State Government, as initiated by the memorandum of agreement
31 with the Maine Service Employees Association, SEIU Local 1989 on June 25, 2019, to
32 take effect July 1, 2024.
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