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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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 vehic…
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 Constit…
Can Maine spend Highway Fund money on ferries?
Yes, but only for ferries that carry motor vehicles as part of the state highway system. The Maine AG concluded that the constitutionally dedicated Highway Fund could support a ferry that functions as…
Can Maine constitutionally credit interest earned on Highway Fund investments to the General Fund?
No. The AG concluded the 1991 amendment to 5 M.R.S.A. § 135, which directed that interest earned on Highway Fund investments be credited to the General Fund, was unconstitutional under Me. Const. art.…
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…
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 …
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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.