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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Does Maine's Article IX, Section 21 require 90% state funding or a 2/3 vote before the Legislature can reduce the State's subsidy for required municipal landfill remediation and closure?
No. The AG concluded that reducing State subsidies for municipal solid waste landfill remediation and closure (currently set at 75% of closure cost and 90% of remediation cost under 38 M.R.S.A. § 1310…
Is it constitutional for the Passamaquoddy Water District's charter to make its property taxable by municipalities when other Maine water districts are exempt, and would repealing that taxability trigger Maine's state-mandate or municipal-reimbursement clauses?
Constitutional, but with limits. The AG concluded that municipalities served by the Passamaquoddy Water District may legally tax the district's property under its existing charter (the cost passes thr…
When the Maine Bureau of Accounts and Control reduced a July 1993 payment to the Maine State Retirement System by $4 million to capture a health insurance fund surplus, did that violate the constitutional ban on diverting retirement appropriations?
Yes, it violated the Constitution. The AG concluded that the Bureau of Accounts and Control's July 1993 reduction of a $4 million payment to the Maine State Retirement System (intended to capture a su…
Can the Maine House of Representatives remove and replace its Speaker by a simple majority vote, or does that require impeachment or some supermajority procedure?
Majority vote. The AG concluded that Me. Const. art. IV, pt. 1, § 7 simply provides that the House 'shall choose their speaker, clerk, and other officers' and does not fix a term of office, a particul…
Under the Maine Indian Claims Settlement Act, does the Penobscot Indian Reservation include islands in the West Branch of the Penobscot River, or only the islands in the main stem from Old Town to Mattawamkeag?
The Penobscot Indian Reservation under 30 M.R.S.A. § 6203(8) includes only islands in the main stem of the Penobscot River from Old Town to Mattawamkeag, not islands in the West Branch or any other br…
Can the Maine Legislature, by ordinary statute (LD 1350), establish a recall election mechanism for the Governor, State Senators, and State Representatives, or does that require a constitutional amendment?
Unconstitutional, requires amendment. The AG concluded that LD 1350 (which would have established a statutory mechanism for citizens to petition for and trigger a recall election against the Governor,…
Under Maine's 1986-amended reapportionment provisions, how many days does the Legislature have to act on the Apportionment Commission's plan: 10 days (130 minus 120) or 30 days?
30 days. The AG concluded that the 1986 amendments to Me. Const. art. IV, pt. 1, § 3 (House) and Me. Const. art. IV, pt. 2, § 1 (Senate) extended the Apportionment Commission's plan-submission window …
Do labor-and-employment bills that apply to all Maine employers, including municipal employers, count as 'mandates' under Me. Const. art. IX, § 21, just because they affect municipal payrolls?
No. The AG concluded that two bills before the Joint Standing Committee on Labor (LD 406 expanding family medical leave coverage to employers with 25 or more employees across all worksites, and LD 309…
Does Maine's state-mandates amendment (Me. Const. art. IX, § 21) require a 2/3 vote or 90% State funding when the Legislature creates new crimes or civil infractions that municipal police will then have to enforce?
No. The AG concluded that legislation creating new crimes or civil infractions, including LD 486 (Senator Brannigan's seat-belt civil-violation bill), does not constitute a 'mandate' under Me. Const. …
Does Maine's new constitutional state-mandates amendment (Me. Const. art. IX, § 21) apply to legislation affecting county governments, or only to legislation affecting municipalities?
Yes. The AG concluded that the phrase 'local unit of government' in Me. Const. art. IX, § 21 (the 'state mandates' amendment ratified by voters November 3, 1992, effective November 23, 1992) includes …
Which Maine state accounts could not be touched by the 0.9% General Fund transfer under Part KKK?
The AG identified five categories that Part KKK could not lawfully reach: Baxter State Park trust accounts; Bureau of Parks and Recreation donor-restricted gift accounts; Bureau of Public Lands accoun…
Which Maine DOT accounts had to give up 0.9% to the General Fund under Part KKK of the 1991 budget bill?
It depended on the source. The AG concluded that DOT's purely project-driven 'dedicated revenue' accounts were not automatically exempt and likely had to pay the Part KKK 0.9% surcharge. Accounts fund…
When a Maine state employee on disability retirement dies of a terminal illness, what does the surviving spouse have to prove to get the enhanced 'Option 2' survivor benefit?
The surviving spouse must prove the member met every element of the Uniform Rights of the Terminally Ill Act's definition of 'terminal condition' at the time the disability benefit was granted, not ju…
Can Maine sweep money out of state trust accounts and bond accounts into the General Fund through a budget surcharge?
No, not for true trust monies. The AG concluded that Part KKK's 0.9% across-the-board General Fund transfer could not lawfully be applied to Baxter State Park trust funds, donor-restricted park gift a…
Can a Maine town ban or require a permit for state-agency site investigation work for a radioactive waste facility?
No. The towns of Pittston, Edinburg, and Garfield Plantation could not stop the Maine Low-Level Radioactive Waste Authority's preliminary site investigation work. Their ordinances were preempted becau…
Can Maine legislators serving on a special legislative committee vote to grant state agencies a hardship exemption from a legislatively imposed property-transfer moratorium?
No. The AG concluded that voting to grant or deny hardship exceptions to executive branch agencies is an executive function. Legislators may serve on the Special Committee on the New Capitol Area Mast…
Were Baxter State Park's user fees and timber sale revenues protected from Maine's 0.9% General Fund sweep, even though they sat in a dedicated revenue account rather than a formal trust account?
Yes. The AG concluded that the trust character of Baxter State Park follows the trust property and attaches to its products. The user fees and timber sales generated from the Park were 'products' of t…
Could Maine cut state employee salaries above $50,000 when those salaries were set by collective bargaining contracts the State had already signed?
Probably not for unionized employees. The AG concluded that the 3% and 2% salary cuts in P.L. 1991, c. 780, §§ AAA-1 and AAA-2 likely effected an unconstitutional impairment of the University of Maine…
Did Maine's statutory ban on unfunded state mandates actually stop the Legislature from passing such mandates?
No. The AG concluded that 30-A M.R.S.A. § 5684, which purported to prohibit the Legislature from enacting unfunded mandates on counties and municipalities, was of no effect. One Legislature cannot bin…
Can Maine's Legislature raise state employee retirement contributions and divert most of the money to the General Fund, or transfer money from retiree health funds to reduce other retirement payments?
Mixed. The AG said Part W's plan to raise employee retirement contributions by 1% and pay only 20% of the increase to the retirement system would not violate the November 1991 amendment to Article IX,…
Did Maine's new constitutional protection for the Maine State Retirement System also protect the separate Maine Judicial Retirement System from legislative deappropriations?
No. The AG concluded that the Maine Judicial Retirement System is a separate corporation from the Maine State Retirement System. When voters added the anti-diversion sentence to Article IX, § 18 in No…
Could Maine cancel merit pay step increases for state employees during the budget crisis, even when collective bargaining agreements promised those increases?
Probably not for current contracts. The AG concluded that Section NN-1 of L.D. 1985, which barred all merit increases between January and December 1992, would likely be an unconstitutional impairment …
Can Maine's Governor cut state-municipal revenue sharing payments to towns when state finances are tight?
Yes, but with limits. The AG concluded that the Governor's allotment-curtailment power under 5 M.R.S.A. § 1668 extends to the state-municipal revenue sharing program in 30-A M.R.S.A. § 5681. The Legis…
How much flexibility does a Maine state agency have to privatize services that its employees currently provide?
It depends on the agency and the service. Some agencies have direct statutory authority to contract services out. For example, the Commissioner of Corrections can contract for medical services to pris…
Did Maine's new constitutional anti-diversion amendment force the State to restore $73.5 million in MSRS funds that had already been deappropriated earlier in 1991?
No. The AG concluded that the November 1991 amendment to Article IX, § 18 is prospective only. The Legislature's earlier deappropriation in Part P of the FY 1992 General Appropriation Act (P.L. 1991, …
Can Maine voters use a citizen initiative to limit how many years state or federal legislators can serve?
No. Term limits on state legislators or members of Maine's congressional delegation cannot be imposed by ordinary statute, whether passed by the Legislature or by citizen initiative. The Maine and U.S…
Can a Maine legislator who owns land in a study district serve on a special committee planning that district's future?
Yes. Representative Lipman's land holdings in the Augusta capitol planning district did not legally disqualify him from the Special Committee on the New Capitol Area Master Plan. The committee was adv…
Can Maine voters use a citizen initiative to require future legislation on a specific topic to be approved by referendum?
No. A citizen initiative cannot impose a procedural requirement (like a future statewide referendum) on the Legislature's power to enact later statutes on a specific subject. Such restrictions can onl…
Can Maine pay its district attorneys' traffic-prosecution costs out of the Highway Fund instead of the General Fund?
Yes, but only for the portion of a district attorney's budget actually attributable to traffic-law prosecution. Article IX § 19 permits Highway Fund spending on traffic enforcement, and the AG saw no …
Can the Maine Legislature borrow money out of a voter-approved bond fund and put it back later if it does not change the original purpose?
No. Pulling unspent bond money out of the Maine State Park and Recreation Area Fund and using it for debt service, even for 15 months, violated Article IX § 14 of the Maine Constitution because voters…
Can the Maine Legislature change retirement rules for state employees who already have ten years of service?
The AG discouraged Part F of LD 927 to the extent it would change retirement age, contribution rates, or health-premium subsidies for state employees who already have ten years of service. For non-ves…
Does a Maine legislator who is appointed to a state commission need to take a separate oath, even though she has already sworn the legislative oath?
Yes. Under Article IX, § 1 of the Maine Constitution, a legislator appointed to the Special Commission on Governmental Restructuring had to take a separate oath before discharging Commission duties, e…
Can Maine's Governor block a legislatively-created position from being filled by telling the agency chair not to fund it?
No. Governor McKernan lacked both statutory and constitutional authority to direct the Maine Board of Environmental Protection's Chair not to fund the new Executive Director position. The Legislature …
Could a Maine school board defer state-mandated education programs in 1991 because the state had not restored aid to 1990 levels?
No. The mandate-deferral provision in P.L. 1991, c. 9 was not triggered, because the FY 1990-91 state aid (about $521 million, 56.76% of total allocation) already exceeded the FY 1989-90 levels (about…
Could Baxter State Park run its remote cabin facilities at Daicey Pond and Kidney Pond using contractors instead of civil-service employees?
Yes. The Maine AG agreed that contractors running Baxter State Park's Daicey Pond and Kidney Pond cabin facilities were not Park agents or representatives under 12 M.R.S.A. § 904, so they did not need…
Could Maine's Hancock County hold a county-wide vote on whether to allow a proposed cogeneration power plant?
No. Maine counties have no general authority to conduct referenda. Absent specific legislative authorization, the Hancock County Commissioners could not authorize a county-wide vote on whether the AES…
Can a Maine legislator also sit on a city school board?
Yes. Article IV, Part 3, Section 11 of the Maine Constitution bars legislators from holding most state and federal offices, but municipal school board membership is not an 'office of profit under this…
Can Maine's Governor appoint a legislator-elect to an executive office before that person is sworn in to the Legislature?
Yes. Under Article IV, Part 3, Section 10 of the Maine Constitution, a newly elected senator or representative may accept executive appointment and decline the legislative seat. The Emoluments-style b…
Did Baxter State Park violate its hiring statute by using contractors instead of civil-service employees at Kidney Pond and Daicey Pond?
No. Assistant AG Paul Stern concluded that 12 M.R.S.A. § 904 controls how Park employees are hired (civil service), but does not limit the Park's authority to retain contractors. The contracting pract…
After Maine voters changed the Sunday closing law in 1990, what could large retail stores actually do, and what protection did employees have?
The 1990 initiative let retail stores over 5,000 square feet open on Sundays only if they did not require employees to work Sundays as a condition of employment. Stores with that exemption had to be c…
Can campaign workers in Maine hand out palm cards inside polling places to show voters how to write in a candidate's name?
No inside the building where voting takes place. Palm cards may be distributed outside, even within the 250-foot zone around the entrance, as long as no advertising signs or sound amplification are us…
If the Maine Legislature removes a position from the unclassified service in one statute but forgets to amend another statute that lists the same position as unclassified, which one controls?
The newer enactment controls. AG Tierney concluded that the later, express amendment removing the Assistant to the Deputy Commissioner of Information Services from the unclassified service prevailed o…
When the Maine Legislature authorizes a state agency to sign a contract with a local utility, can the utility sue the State if the agency breaches that contract, or does sovereign immunity still apply?
The utility can sue. AG Tierney concluded that when the Legislature authorized the Department of Corrections to contract with the Warren Sanitary District through Chapter 23 of the 1989 Resolves, it i…
Can the Maine Legislature use an emergency resolve to authorize the State to buy real estate, when the state constitution forbids emergency bills from including provisions for the purchase of real estate?
Yes in this case. AG Tierney concluded the Edwards Dam resolve did not violate Article IV, Part 3, Section 16 because the underlying real-estate authority already existed in 12 M.R.S.A. § 6252-A(5); t…
Can a Maine town's public library charge patrons a rental fee to borrow videocassettes, the way a video store does?
No. AG Tierney concluded that 27 M.R.S.A. § 101 et seq. authorized only 'free' public libraries for the 'free use' of town inhabitants, and that included videocassettes; the library could still charge…
If a snack food seller uses cardboard 'honor system' boxes with a money slot, can the seller treat sales through those boxes as exempt vending machine sales for Maine sales tax purposes?
No. AG Tierney concluded that a cardboard 'honor system' box was not a 'coin-operated vending machine' within 36 M.R.S.A. § 1760(34), so the seller had to collect Maine sales tax on retail sales rathe…
When a Maine regional vocational center director excludes a student from the program for disciplinary reasons, does the student get a full due-process hearing before the school board, or is informal notice from the director enough?
Assistant AG Pidot concluded that vocational-center students have a property interest in continued attendance under Goss v. Lopez, and any exclusion whose cumulative impact exceeds ten days requires a…
After Maine's 1989 parental consent law for minors' abortions, what is the status of the older 1979 parental notification statute that a federal court enjoined and never let take effect?
AG Tierney concluded that the 1989 parental consent statute (22 M.R.S.A. § 1597-A) impliedly repealed the 1979 parental notification statute (22 M.R.S.A. § 1597), so even if the U.S. Supreme Court lat…
Does Maine law require the Governor to balance the state budget before the new fiscal year begins, or only to react if revenues fall short during the year?
Chief Deputy AG Kilbreth (writing under AG Tierney) concluded the Governor was under no advance balanced-budget obligation. The Maine Constitution's $2 million debt limit and the budget statutes opera…
Can a Maine deputy sheriff or other law enforcement officer also serve as a notary public, given the constitutional rule against one person exercising powers of more than one branch of government?
AG Tierney concluded yes, in 1989. Earlier AG opinions barring dual notary/law-enforcement service had relied on the period (1905-1981) when notaries could exercise justice-of-the-peace functions. The…
Can a person who owns or manages a Maine nursing home serve on the Maine Committee on Aging, given the Committee's role administering the federal Long-Term Care Ombudsman Program?
No. AG Tierney concluded that owners, administrators, and employees of long-term care facilities serving on the Committee on Aging create a conflict of interest barred by 42 U.S.C. § 3027(a)(12)(F), t…
Can the current Maine Legislature pass a statute that appropriates money for all three years of a state-employee collective bargaining contract, even though the third year of the contract falls outside the Legislature's two-year term?
Partly. AG Tierney concluded the 114th Legislature could fund the first two fiscal years (1989-90 and 1990-91) but could not bind the 115th Legislature to appropriate the third year (1991-92). The nex…
When the Maine Legislature passes bond-issue legislation by a two-thirds supermajority under Article IX § 14, does the bill have to be presented to the Governor for approval before going to the voters for ratification?
AG Tierney concluded the Governor's approval is not required. The two-thirds supermajority that authorizes a bond issue is already the number needed to override a gubernatorial veto, so requiring pres…
Are Maine's constitutional officers, the Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and District Attorneys, entitled to the 50% state contribution toward dependent health insurance coverage that other state employees receive?
No. Deputy AG Charles Howard concluded those officials are eligible to participate in the State Employees Health Insurance Plan for themselves and for dental coverage, but the 50% state contribution t…
Are the 'incorporators' of a Maine nonprofit healthcare corporation, who number between 200 and 700 people and meet annually to elect trustees and vote on bylaws, already immune from corporate liability under the Maine Nonprofit Corporation Act?
Yes. AG Tierney concluded that 'incorporators' of Northeast Health, Inc. fit the definition of 'members' in 13-B M.R.S.A. § 102(8), which expressly includes corporators, so they are already covered by…
When the Maine Legislature passes a bill that creates a new executive or judicial office whose holder will be appointed by the Governor and confirmed by the Senate, does that bill need a two-thirds supermajority, or is an ordinary majority enough?
An ordinary majority is enough. AG Tierney concluded that the two-thirds vote requirement in the third paragraph of Me. Const. art. V, pt. 1, § 8 applies only to statutes that change the confirmation …
Can the Maine Board of Environmental Protection adopt regulations that set color standards for the state's lakes, rivers, and streams, or does that require new legislation?
Yes. AG Tierney concluded the BEP has clear rulemaking authority to adopt water color standards under either its broad rulemaking power in 38 M.R.S.A. § 343-A or the mandatory Water Classification Pro…
Does the Maine statute that lets a chartered county form a finance committee to review the county budget violate the constitutional rule that taxes can only be imposed by elected officials?
No. AG Tierney concluded that 30-A M.R.S.A. § 1353 satisfies Me. Const. art. I, § 22 because the finance committee members are themselves elected municipal officers, and even if they were appointed, u…
Can the State appoint a corporation, rather than a natural person, to serve as Superintendent of the Augusta Mental Health Institute?
No. AG Tierney concluded the statutory qualifications in 5 M.R.S.A. § 3202(2) and the personal-pronoun language in § 1401(1) make clear that AMHI's superintendent must be a natural person. Appointing …
Can the Maine Legislature impose new education requirements on local school districts without paying for them, and can it hand that authority off to the state education department?
Yes to both. AG Tierney concluded the Maine Constitution gives the Legislature broad power to legislate (including on education), and Art. VIII, Pt. 1, § 1 actually requires towns to fund schools 'at …
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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.