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, Maine faced the prospect of a state government shutdown if the Legislature could not override Governor LePage's anticipated veto of the biennial budget. The Legislature asked the AG whether it could enact a continuing resolution as a separate measure to keep state government operating in the meantime.

The AG's analysis concluded:

• Yes, the Legislature has constitutional authority to enact a continuing resolution as a piece of legislation. Nothing in the Maine Constitution categorically forecloses that option.
• But a continuing resolution is just another bill. It is subject to gubernatorial veto under Article IV.
• If the Governor vetoes the continuing resolution, the Legislature must override the veto by the same two-thirds vote required to override the budget veto. If it can override the continuing resolution, it could presumably override the budget itself.
• Without an override, no legislation (budget or continuing resolution) can take effect over a gubernatorial veto.
• Practical implication: a continuing resolution is not an independent shutdown-prevention tool. It depends on the same legislative override math as the budget itself.

The 2013 budget standoff was eventually resolved through legislative override of the Governor's budget veto. The continuing-resolution analysis remained an academic question that year, but the AG's opinion documented the constitutional framework for future similar standoffs.

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

Maine's biennial budget process under the Maine Constitution requires legislative enactment and gubernatorial signature. The Constitution at article IV provides for gubernatorial veto and legislative override (two-thirds of each house). At article IX, the Constitution requires the Legislature to make appropriations for state operations.

Unlike the federal government, Maine does not have an automatic mechanism for funding state operations in the absence of a current appropriation. If the budget biennium ends without a new budget enacted and signed, state operations face funding gaps that can produce shutdown effects.

A "continuing resolution" in this context would be a stand-alone bill providing funding (typically at prior-period levels) to bridge a budget gap. The 2013 question was whether such a resolution could be passed and take effect even if the budget itself was vetoed.

The Maine Constitution does not distinguish between budget bills and other bills for veto purposes. A continuing resolution, like any other enacted bill, is subject to veto and override.

Common questions

Did Maine actually pass a continuing resolution in 2013?
The 2013 standoff was resolved through legislative override of the budget veto, so a separate continuing resolution wasn't ultimately needed. The AG opinion's analysis was preserved as guidance for future similar situations.

Can the Legislature work around a gubernatorial veto using procedural tools?
The Maine Constitution does not provide procedural workarounds. The override requirement (two-thirds of each house) is the operative constraint. The AG's analysis confirmed that point.

What happens if a budget veto can't be overridden and there's no continuing resolution?
State government would face shutdown effects: layoffs, suspension of non-essential services, contractor and vendor payment delays, and broader fiscal disruption. Specific shutdown procedures depend on state agency planning and emergency authorities.

Has Maine had an actual government shutdown since 2013?
Maine experienced a partial shutdown in July 2017 when the budget for the 2018-2019 biennium was not enacted by the start of the fiscal year. The 2013 AG opinion's framework applies to similar situations.

Citations

• Maine Constitution article IV (Legislature; veto override)
• Maine Constitution article V (Executive; veto)
• Maine Constitution article IX (Finance; appropriations)

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