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 Maine's Senate President and House Speaker, by joint policy, deny lodging and meal reimbursement to legislators staying overnight before a session if they live within 75 miles of Augusta?
No. The AG concluded that the February 17, 1995 joint policy of Senate President Butland and Speaker Gwadosky, which denied 'night before' reimbursement to legislators living within 75 miles of August…
If the Maine Legislature removes a position from the unclassified service in one statute but forgets to amend another statute that lists the same position as unclassified, which one controls?
The newer enactment controls. AG Tierney concluded that the later, express amendment removing the Assistant to the Deputy Commissioner of Information Services from the unclassified service prevailed o…
If a snack food seller uses cardboard 'honor system' boxes with a money slot, can the seller treat sales through those boxes as exempt vending machine sales for Maine sales tax purposes?
No. AG Tierney concluded that a cardboard 'honor system' box was not a 'coin-operated vending machine' within 36 M.R.S.A. § 1760(34), so the seller had to collect Maine sales tax on retail sales rathe…
When the Maine Legislature passes bond-issue legislation by a two-thirds supermajority under Article IX § 14, does the bill have to be presented to the Governor for approval before going to the voters for ratification?
AG Tierney concluded the Governor's approval is not required. The two-thirds supermajority that authorizes a bond issue is already the number needed to override a gubernatorial veto, so requiring pres…
Are the 'incorporators' of a Maine nonprofit healthcare corporation, who number between 200 and 700 people and meet annually to elect trustees and vote on bylaws, already immune from corporate liability under the Maine Nonprofit Corporation Act?
Yes. AG Tierney concluded that 'incorporators' of Northeast Health, Inc. fit the definition of 'members' in 13-B M.R.S.A. § 102(8), which expressly includes corporators, so they are already covered by…
Can the State appoint a corporation, rather than a natural person, to serve as Superintendent of the Augusta Mental Health Institute?
No. AG Tierney concluded the statutory qualifications in 5 M.R.S.A. § 3202(2) and the personal-pronoun language in § 1401(1) make clear that AMHI's superintendent must be a natural person. Appointing …
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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.