Maine Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maine, with full citations and the original source on every page.
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Can Maine's government oversight office audit a private foundation's Lewiston shooting donations because city officials briefly handled some gifts?
No, on the facts presented. The AG said OPEGA could not evaluate Maine Community Foundation's independently run victim donation fund: it was not a government program and the donated money did not…
Can Maine pass a law capping how much hospital executives are paid, and how would the state actually enforce that?
AG Frey said a prospective hospital executive pay cap would be legally defensible, though without controlling precedent he could not assess its legality with certainty. He said the Legislature…
Does the federal Plyler v. Doe ruling prevent Maine from requiring students to be vaccinated and removing religious or philosophical opt-outs?
No. AG Frey concluded that nothing in Plyler stops a state from imposing reasonable school entrance requirements like proof of immunization, and Maine's 2019 repeal of non-medical vaccination…
Can Maine's Department of Health and Human Services hand confidential child welfare records straight to the Government Oversight Committee, or does the law route those records through a different office?
Direct release to the GOC is not authorized. AG Frey concluded that Maine's confidentiality framework routes confidential child welfare records to OPEGA, the GOC's investigative arm, not to the GOC…
If a Maine city condemns a privately-held conservation easement so it can hand the land to a developer, does the easement automatically end, or does a court still have to approve the change?
The easement is not automatically extinguished. AG Frey concluded that since 2007, only a court can terminate or amend a conservation easement in a way that materially detracts from its protections,…
Are Maine school board members supposed to act on behalf of the town that elected them, or as state officers carrying out state law?
Assistant AG Sarah Forster concluded that Maine school board members were public officers responsible to the state, not town representatives. Once elected, they had to apply state education law…
Could the Maine legislature let each municipality decide whether to exempt all personal property and business equipment from taxation, or did the state constitution require uniform statewide rules?
AG Frey raised significant constitutional concerns about LD 824, which would let each municipality decide whether to exempt personal property. He cited Article IX §§ 8 and 9, Brewer Brick, and three…
If the Bureau of Parks and Lands wants to lease part of Cold Stream Forest to Central Maine Power for a transmission line, does it need a 2/3 vote of the Legislature first?
Not necessarily. The memo concludes that 12 M.R.S.A. § 598-A governs this proposed lease. The Bureau needs a 2/3 legislative vote if the line would substantially alter Cold Stream Forest. A lease…
Could DHHS build a new secure forensic 'step-down' psychiatric facility on state property without first getting legislative approval, just because the agency had funds in hand?
In this letter, AG Mills said DHHS needed legislative authorization to construct the proposed facility even if it already had sufficient funds. A Capitol Area site required Legislative Council…
After the 2012 Mining Law gave Maine's Department of Environmental Protection broad rulemaking authority over metallic mineral mining, did DEP also have authority to adopt rules categorically banning mining on state-owned land?
No. The 1985 Mining on State Lands subchapter (Title 12 §§ 549-549-C) gives the agency holding the state land, in consultation with the Director of the Survey, jurisdiction over mining on that land.…
Did Maine's 2016 ranked-choice voting initiative violate the state constitution by replacing the 'plurality of votes' rule with multiple rounds of counting?
AG Mills said L.D. 1557 raised significant constitutional concerns for Maine general elections to Governor, State Senate, and State House. The proposal conflicted with the plurality and local…
What are the constitutional limits on how the Maine legislature can spend the income generated by the state's Public Reserved Lands?
AG Mills said Public Reserved Lands revenue is held subject to public trust limits. She could not reach firm constitutional conclusions on three conceptual proposals: heating equipment for…
When a Maine House Speaker sued the Governor in his individual and official capacity, what authorization did the Governor need to retain private counsel at state expense?
Deputy AG Herman authorized Governor LePage to retain Patrick Strawbridge of Consovoy McCarthy Park PLLC to defend Eves v. LePage at $380 per hour, capped at the State's $400,000 self-insurance…
If the Maine Legislature adjourned 'to the call of the presiding officers' rather than sine die, and the Governor sat on bills for more than 10 days without signing or vetoing them, were those bills finally enacted?
Yes. AG Mills concluded that a day-to-day adjournment subject to recall is not the 'adjournment' that prevents return of a bill under Article IV, Part 3, Section 2 of the Maine Constitution. Only…
What is Maine's record on prosecuting EBT card misuse, public benefits fraud, and provider fraud, and how does the AG balance high-visibility recipient cases against lower-visibility provider cases?
AG Mills described an active prosecution program. In the three years before the letter, her office had prosecuted 37 DHHS fraud cases with significant jail time and $489,954 in restitution; obtained…
If Maine wanted to amend its General Assistance eligibility rules to exclude legal noncitizens that federal TANF and SNAP rules also exclude, would the change survive a federal Equal Protection challenge?
Probably not. AAG Justin Barnard advised that strict scrutiny applies to state laws drawing alienage-based distinctions (Graham v. Richardson, 1971), and that PRWORA's purported grant of discretion…
Did Maine's 2013 AG opinion say the Legislature can pass a continuing resolution to keep state government funded if the Governor vetoes the budget and the Legislature can't override?
No. The AG's short answer was that the Maine Constitution and statutes neither authorize nor envision a continuing resolution or any similar federal-style mechanism. Because Maine requires a…
Could Maine limit General Assistance eligibility for undocumented immigrants in 2013?
A 2013 Maine Assistant Attorney General memo said Maine probably had no obligation to provide General Assistance to undocumented immigrants and could consider adding a qualified-alien eligibility…
Did Maine's 2013 AG opinion approve the legality of LD 239, the bill that would have raised state revenue from liquor sales to pay back Maine's debt to its hospitals?
The AG did not approve or reject the bill on policy grounds. As originally drafted, LD 239 raised two constitutional concerns: Art. V, Pt. Third, Section 5 bars using bond-sale proceeds to fund…
Did Maine's 2013 AG opinion say the State or the Wabanaki tribes have authority to regulate saltwater fishing under the Maine Indian Claims Settlement Acts?
The AG concluded that tribal members were subject to Maine's regulation of marine resources to the same extent as any other Maine citizen. The sustenance fishing rights reserved by the Settlement…
Did Maine's 2012 AG opinion say the Penobscot Nation or the State has authority to regulate hunting and fishing on the main stem of the Penobscot River?
The AG concluded that the Penobscot Nation may regulate hunting on, and restrict access to, the islands from Medway to Old Town that make up its Reservation, but may not regulate activities on the…
Did Maine State Treasurer Bruce Poliquin's ownership of the Popham Beach Club and his real estate development company Dirigo Holdings, LLC violate the Maine Constitution's prohibition on the Treasurer engaging in 'any business of trade or commerce'?
Maybe, depending on activity. The AG concluded that passive stock ownership is permissible but active business operation likely is not. The constitutional ban in art. V, pt. 3, § 3 has very little…
Could Maine constitutionally use Highway Fund revenue (collected from gas taxes and vehicle fees) to subsidize the Maine State Ferry Service that connects mainland communities with offshore islands?
Yes, with caveats. The AG concluded that the 1996 AG opinion (Op. 96-11) remained defensible: Highway Fund money could be used for ferries whose 'principal purpose is the transportation of motor…
Did Maine's 2011 voter-ID/registration bill (LD 1376) impose a state-funded mandate on towns and cities under Maine Constitution Article IX, § 21?
The Maine AG concluded that LD 1376 did not constitute a state mandate under Article IX, § 21. Even though it required municipalities to modify activities by adding provisional balloting,…
Could Maine's LD 340 constitutionally bar federally certified foreign workers from working in timber harvesting on Maine state lands?
No. The AG concluded LD 340 was unconstitutional on two grounds: federal preemption (because the federal foreign-worker certification program already determines who can lawfully work in U.S. timber…
Could Maine constitutionally require people to live in Maine for a certain period of time before becoming eligible for TANF or Medicaid?
No. The AG concluded a durational residency requirement for state-administered TANF and Medicaid would violate the Fourteenth Amendment under Shapiro v. Thompson (1969) and Saenz v. Roe (1999).…
Could a Maine federally recognized tribe license the Incentovation Electronic Pull-Tab System (an electronic terminal that prints win/loss tickets at game time) under the state's amended sealed-ticket statute?
No. AG Janet Mills concluded the system fell outside 17 M.R.S.A. § 314-A as amended in 2009 because the machine itself, rather than a preprinted ticket, determined the outcome of the game. The…
Does Maine's Freedom of Access Act require legislative party caucuses to meet in public?
The AG's office had not issued a formal opinion on the question. Chief Deputy AG Linda Pistner clarified to the Judiciary Committee that the FOAA's public-proceedings provisions cover 'the…
Did Maine's 2009 marriage equality law require Maine public schools to teach about same-sex marriage?
No. AG Janet Mills concluded that PL 2009, c. 82 (which expanded civil marriage to same-sex couples) had no impact on the curricula of Maine's public schools. Marriage law lives in Title 19-A;…
Did Maine's Informed Growth Act (which limits new big-box retail unless an economic-impact study finds no 'undue adverse impact') violate the dormant Commerce Clause or federal antitrust laws?
No, in the AG's view. AG Janet Mills concluded the Informed Growth Act could be defended on both fronts: it does not directly discriminate against out-of-state interests under dormant Commerce…
Could Maine pay outstanding MaineCare hospital settlements with proceeds from a General Fund bond issue?
Likely no. AG Janet Mills concluded that hospital settlements are 'current expenditures,' which Article V, Part 3, Section 5 of the Maine Constitution prohibits funding from the proceeds of bond…
Could the Maine Public Utilities Commission refuse a municipality's or county's request to switch its Public Safety Answering Point (911 dispatch) service provider?
The Maine AG concluded that even though 25 M.R.S.A. § 2926 does not expressly address a PSAP-change request, the Emergency Services Communication Bureau's broad responsibility for the E-9-1-1 system…
When a Maine state agency's records sit on computers run by the central Office of Information Technology, who is the records custodian for FOAA requests?
AG Janet Mills concluded that both OIT and the originating agency could reasonably have custody of records hosted on OIT computers. OIT's policy could require the agency that collected the records…
Could the Houlton Band of Maliseet Indians conduct high-stakes bingo/beano games on Houlton Band Trust Lands under Maine's tribal gaming statute?
No. While the Houlton Band, as a federally recognized tribe, was eligible to receive a license under 17 M.R.S.A. § 314-A(1), subsection (5)(C) required all licensed games to be conducted within the…
Does a Maine county commissioner automatically vacate her seat by selling her home in her electoral district and moving to a different district within the same county?
Yes, in the AG's view. AG Steven Rowe concluded that a court would likely hold that a county commissioner who sells her home in her electoral district and buys a home outside it has changed her…
Could the Maliseet tribal court hear Maliseet child welfare cases under the 2002 Intergovernmental Agreement between the Houlton Band and the State of Maine?
No. The AG concluded the Intergovernmental Agreement only authorized transfer of Maliseet child welfare cases to the Penobscot or Passamaquoddy tribal courts, and the Maliseet tribal court could not…
Could Maine counties spend property tax revenues from unorganized-territory TIF districts on county-wide economic development that would benefit organized areas, without violating Article IX, Section 8 of the Maine Constitution?
Likely problematic. The AG concluded that L.D. 2229 satisfied Article IX, Section 8 only if the spending produced a 'special benefit' to the unorganized territory. To the extent it allowed…
Did Maine's mandatory reporting law require professionals to report all underage sexual activity that could constitute a crime, even consensual conduct between near-age minors with no sign of harm?
No. The AG concluded that 22 M.R.S.A. § 4011-A required a report only when the mandated reporter had reasonable cause to suspect a threat to a child's health or welfare. Mere knowledge that minor…
Did Maine's Constitution require the Legislature to pass LD 203, which would have barred college students living in college-owned housing from establishing voting residency in Maine?
No. The AG concluded that Article II, Section 1 did not require LD 203, and that the bill, if enacted, would likely have been struck down on Equal Protection grounds because it singled out college…
When the Maine Legislature decides how much Highway Fund money goes to the State Police, is it bound by the OPEGA report's findings on which State Police activities are highway-related?
No. The AG concluded that determining what portion of the State Police budget can be funded from the Highway Fund is a fact-based legislative judgment under Article IX, Section 19 of the Maine…
Was Maine's proposed LD 275, expanding admissibility of child sexual abuse victims' hearsay statements, constitutional under Crawford v. Washington?
Likely yes, with drafting fixes. The AG concluded that LD 275 would probably survive Sixth Amendment review under Crawford and Roberts, but recommended rewriting it to track the case-law standards…
Could the Maine Legislature, by joint rule rather than constitutional amendment, require a two-thirds supermajority to pass legislation that exceeded statutory spending limits?
Likely unconstitutional. The Maine AG concluded that Proposed Joint Rule 219, which would have required a two-thirds vote to pass legislation exceeding statutory spending limits, conflicted with the…
Did the final amended LD 1481, with its 75-day deadline for nullifying municipal land use permits, create an unfunded mandate by forcing towns to schedule special town meetings on citizen petitions?
More likely than not, yes. The Maine AG concluded that LD 1481 (as amended by Senate Amendment 'C' to Committee Amendment 'C') implicitly required towns to schedule special meetings on timely…
Was Maine's 2006 TABOR ballot initiative, requiring 2/3 legislative votes and statewide voter approval for tax increases, constitutional under the Maine Constitution?
The Maine AG concluded that the 2006 TABOR initiative would likely fail four separate constitutional tests: (1) by requiring statewide voter approval for tax increases it surrendered the…
Could a judge in Maine count time served as a legislator toward judicial retirement, and if the Legislature wanted to change that, would the constitutional unfunded-liability ban apply?
The Maine AG concluded that under the statutes as they stood in 2006, a judge could not count legislative service toward Maine Judicial Retirement System eligibility or benefits, there was no…
Could the York County Commissioners refuse to fill a clerical position the Budget Committee had funded for the District Attorney's office?
The Maine AG concluded that York County Commissioners could not refuse to fill a position funded by the York County Budget Committee. Section 501(1) gives commissioners authority over hiring by…
Did the Committee Amendment to LD 1481 fix the constitutional problem identified in the Maine AG's June 10, 2005 opinion?
Yes. The Maine AG concluded the proposed Committee Amendment to LD 1481 cured the constitutional issue identified in the office's June 10, 2005 opinion. By imposing the retroactivity restriction…
Did Maine's constitutional 50% property-tax-loss reimbursement requirement apply to personal property tax revenues, and would it apply if the Legislature repealed the personal property tax entirely?
The Maine AG concluded that Article IV, Part 3, § 23's 50% municipal-reimbursement requirement most likely applies to both real and personal property taxes. But a complete legislative repeal of the…
Could Maine's legislative program-evaluation office (OPEGA) lawfully review confidential child protective services case files held by DHHS?
The Maine AG concluded that OPEGA's program-evaluation function fit within the audit exceptions in both federal child-protection confidentiality statutes (42 U.S.C. § 671(a)(8)(D) and 42 U.S.C. §…
After the U.S. Supreme Court's Kelo decision allowed economic development takings, what limits did Maine law place on eminent domain, particularly for residential property?
The Maine AG explained that Kelo v. New London set a federal floor for eminent domain, not a ceiling. Maine's Constitution had its own public-use plus public-exigencies test, and Maine statutes…
Could Maine's Legislature pass a statute prohibiting local citizen-initiated ordinances from applying retroactively to land use projects that already had permits?
Likely unconstitutional. The Maine AG concluded that LD 1481's provision preventing citizen-initiated municipal ordinances from applying to construction projects that had already received local…
Could Maine constitutionally make 'the depicted minor was not real or not a minor' an affirmative defense the defendant has to prove in child-pornography cases?
The AG concluded that LD 548's proposed affirmative defense was unconstitutional. Federal due process requires the State to prove every element of a crime beyond a reasonable doubt, and Maine's…
Can the Maine Legislature amend or override a school funding law that voters approved by citizen initiative?
The AG concluded the Legislature had constitutional authority to amend or repeal a citizen-initiated law and that P.L. 2005, c. 2's five-year phase-in toward the 55% state-share goal was a lawful…
Could a Maine town commit its 2005 property taxes before a new homestead-exemption law took effect, and could it later have to redo those commitments retroactively?
The AG advised that municipalities could not apply the increased homestead exemption before P.L. 2005, ch. 2 took effect, but the safest approach was to delay commitment until the act became…
Does showing Maine's Circuit Breaker property tax program as a 'tax expenditure' rather than a General Fund appropriation violate the state constitution's appropriations clause?
The AG concluded that listing the Circuit Breaker (Maine Residents Property Tax) program as a 'tax expenditure' deducted from total revenue rather than as a General Fund appropriation did not…
Can Maine sell its future lottery revenues for an upfront payment without voter approval, and could the state retirement system buy the resulting bonds?
The AG concluded the Legislature could authorize the sale of future lottery revenues without voter approval if the transaction was structured so it did not pledge the State's full faith and credit,…
Can elected and appointed officials in Maine use their offices and public funds to campaign against a ballot initiative like a property tax cap?
Maine officials and government bodies may inform the public about a ballot initiative and may express views as public officials, but may not expend public funds solely or primarily for partisan…
Can the Maine commissioner of Inland Fisheries and Wildlife shut down coyote snaring, or is he locked into running the program?
Yes. The Maine AG clarified that the commissioner of Inland Fisheries and Wildlife has discretion to end coyote snaring. Title 12 sections 10001, 10051, 10053(8) and 10105(3) authorize the…
Is the Maine Department of Inland Fisheries and Wildlife legally required to run a specific coyote snaring program, or can it design its own?
No specific program required. The Maine AG concluded that 12 M.R.S.A. § 10105(3) requires the commissioner of Inland Fisheries and Wildlife to maintain a coyote control program but leaves the…
Can the Maine Legislature cut its own special-session per diem pay by passing a joint order instead of a statute?
Likely not. The Maine AG concluded that a January 2004 joint order purporting to deny legislators' special-session per diem before April 22 was probably unenforceable, because the Maine Constitution…
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Attorney general opinions in Maine are written by the Maine Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.