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 the Maine governor lay off state workers or stop spending appropriated funds to push through Productivity Task Force changes before the Legislature acts?
Mostly no. The AG concluded the Governor could trim All Other spending and lay off employees to capture productivity savings, but could not use either lever to eliminate a statutorily mandated state p…
Is LD 1412 Part D (the Productivity Realization Task Force budget mechanism) constitutional, particularly its Section D-4 authority for the Governor to implement statutory amendments without legislative action?
Mixed. The AG concluded Section D-5 of LD 1412 (authorizing the Governor to transfer positions and balances to achieve a $45 million productivity savings target) would survive nondelegation and separa…
If Maine caps state contributions to the Maine State Retirement System for teacher retirement costs at 3% growth, forcing school districts to cover the rest, does that count as an unfunded 'state mandate' under Article IX, Section 21?
No. The AG concluded that Governor King's proposal in Part G of LD 706 (capping the State's MSRS teacher-retirement contribution at a 3% increase over the prior fiscal year's aggregate teacher salary …
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 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…
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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.