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?

Plain-English summary

In June 2013, with the budget for the year expiring July 1 and a gubernatorial veto anticipated, legislative leaders asked the AG whether the Legislature could pass a "continuing resolution" if it failed to override the veto. The AG's answer was direct: "The short answer is No."

The opinion gave two reasons, neither of which turned on veto mechanics:

• Maine, unlike Congress, has no continuing-resolution mechanism. The AG wrote that the Maine Constitution and statutes "neither authorize nor envision a continuing resolution or any similar mechanism." A tool the federal government uses is simply not available in Maine.
• A continuing resolution would violate the balanced-budget requirement. Maine requires a balanced budget, and the AG noted that continuing the expiring budget past July 1, 2013, would produce an out-of-balance budget given the large differences between current spending and the budget the Legislature had just passed and sent to the Governor.

The practical consequence the AG drew was that the budget had to be "enacted into law with a two-thirds vote as emergency legislation" to be effective before the next budget year began. The opinion also warned that any short-term emergency budget would throw the State into financial uncertainty, would draw opposition from bondholders, schools, hospitals and others owed continuing obligations, would complicate compliance with the Riverview consent decree and other court orders, and would likely lead to costly litigation.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The opinion rested on a feature of Maine law the AG had addressed before: Maine requires a balanced budget. The opinion cited the earlier Opinion of the Attorney General of March 2, 1983, for that requirement. Because the budget must balance, the Legislature cannot simply extend an expiring budget when the spending it assumes no longer matches available revenue.

The federal practice of passing a "continuing resolution" to keep agencies funded during a budget impasse has no counterpart in Maine. The AG was explicit that the Maine Constitution and statutes do not authorize or envision such a mechanism, and that Congress operates without the time constraints and balanced-budget restrictions Maine faces.

The opinion framed the only available path as enacting the budget itself as emergency legislation by a two-thirds vote so it would take effect before the new budget year began on July 1, 2013. It cautioned that even a short-term emergency budget would create financial uncertainty and conflict with the State's continuing obligations, including the Riverview consent decree.

Common questions

Could Maine pass a continuing resolution like Congress does?
According to this opinion, no. The AG concluded the Maine Constitution and statutes neither authorize nor envision a continuing resolution or any similar mechanism. That federal tool was not available to the Maine Legislature.

Why couldn't the Legislature just extend the existing budget?
Because Maine requires a balanced budget. The AG explained that continuing the expiring budget would produce an out-of-balance budget, given the differences between current spending and the budget the Legislature had just passed.

What did the AG say the Legislature had to do instead?
Enact the budget itself into law by a two-thirds vote as emergency legislation, so it would be effective before the new budget year began on July 1, 2013.

Why did the AG mention bondholders, hospitals, and the Riverview consent decree?
To illustrate the practical fallout the office foresaw from a short-term emergency budget: financial uncertainty, opposition from entities owed continuing obligations, difficulty complying with court orders like the Riverview consent decree, and likely litigation.

Citations

• Opinion of the Attorney General, March 2, 1983 (referenced for Maine's balanced-budget requirement)

Source

• Landing page: https://www.maine.gov/ag/about/ag_opinions.html

Original opinion text

MAINE STATE LEGISLATURE

    The following document is provided by the
   LAW AND LEGISLATIVE DIGITAL LIBRARY

at the Maine State Law and Legislative Reference Library
http://legislature.maine.gov/lawlib

Reproduced from scanned originals with text recognition applied
(searchable text may contain some errors and/or omissions)
 REGJONAL OFFICES
84 HARLOW ST. 2ND FLOOR
BANGOR, MAlNE 04401
TEL, (207) 941-3070
JANET T. MILLS FAX, (207) 941-3075
ATTORNEY GENERAL
415 CONGRESS ST., STE. 301
( PORTI.AND, MAINE 04101
TEL: (207) 822-0260
FAX, (207) 822-0259
STATE OF MAINE
TEL: (207) 626-8800 14 ACCESS HIGHWAY, STE. l
OFFICE OF THE ATTORNEY GENERAL
TTY USERS CALL MAINE RELAY 711 CARIBOU, MAINE 04736
6 STATE HOUSE STATION TEL: (207) 496-3792
AUGUS.TA, MAINE 04333,0006 FA_X: (207) 496-3291

   June 20, 2013



   Hon. Justin L. Alfond, Senate President            Hon. Mark W. Eves, Speaker
   Hon. Seth A. Goodall, Senate Majority Leader       Hon. Seth A. Berry, House Majority Leader
   Hon. Troy D. Jackson, Asst. Senate Majority Leader Hon. Jeff M. McCabe, House Majority Whip
   Hon. Michael D. Thibodeau, Senate Rep. Leader      Hon. Kenneth Fredette, House Rep. Leader
   Hon. Roger J. Katz, Asst. Senate Rep. Leader       Hon. Alexander Willette, Asst. House Rep.
   #3 SHS, Augusta, Maine 04333                       Leader
                                                      #2 SHS, Augusta, Maine 04333

   Dear Legislative Leaders:

   This office has received questions about whether the Legi_slature may pass a "continuing

( resolution" in case it fails to override the Governor's anticipated veto of the budget.

   The short answer is No.

   Contrary to what the Congress has sometimes done, the Maine Constitution and statutes
   neither authorize nor envision a continuing resolution or any similar mechanism.

   Unlike the federal Constitution, the Maine Constitution requires a balanced budget. See
   Opinion of the Attorney General, March 2, 1983. Any effort to continue the budget that expires
   on July 1, 2013, would result in a budget that is out of balance, given the major differences
   between the expenditures of the current budget and those of the budget recently passed by
   the Legislatur~ and sent to the Governor for his signature.

   At this juncture the budget must be enacted "into law with a two-thirds vote as emergency
   legislation in order for'it to be effective before the beginning of the next budget year July 1,
   2013.

   The Congress of the United Stc:ites has none of these restrictions or time constraints which the
   State of Maine faces in enacting a budget.

   Maine law requires a biennial budget. Even if it did not do so, any short term emergency
   budget, passed with a two-thirds vote, would throw the state into financial uncertainty and
   would face significant opposition from bondholders, schools, hospitals and thousands of

entities to whom the state has continuing and long-term obligations. Compliance with the
Riverview ·consent Decree and other court o'rders would be difficult. Litigation would certainly
ensue, and this litigation would be costly and complex.

Please let me know if there are questions concerning the above.

Thank you.

Sincerely,

~~
Attorney General