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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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 …
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…
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 …
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…
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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.