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Maine Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagme0002 and id is 1 raw text is: 03-1 14 H-,Akaw(,w ST., F LO G. Slav.e 0Rows - TE.: (207 94,i07 GS oE~ .KWE. FAX: (20-1) 94 i-30C/- ATTORNEY GENERAL 34 OA STREET. 4ND FLOOR PORTLAN. M e 04101-3014 ThL: (207) 94 i-3070 TEL: (2071 S22-0260 F AX. (2 07 1 8S2--0 2519 telephone: (207) 626-EECO STATE OF 1AINE TDD: (77 42e-3800 Z _ NE128 SWEDEN ST., STE. 2 MD0 [2071 626-613EE OFFICE OF TI-EAr~i~ GEI ERAL 12 wiSr.Si CARIBOU, MedNE 04736 6 STATE =Housz Smu-iST TEL: (207) 496-3792 AUGUSTA, MAINE 04333-0006 FAx: (207) 496-3291 February 3, 2003 Hon. Christopher Hall, Senate Chair Hon. Lawrence Bliss, House Chair Members of the Joint Standing Committee on Utilities and Energy 100 State House Station Augusta, ME 04333-0100 Dear Senator Hall, Representative Bliss and Committee Members: You have inquired whether the transfer of $600,000 from the Conservation Administration Fund of the Maine Public Utilities Commission (PUC) to the State's General Fund would violate the provisions of the Maine Constitution. We believe that such transfer would not violate the Maine Constitution. Unless funds are held in trust or are specifically protected by the express terms of the Maine Constitution, the Legislature has discretion in making allocations for any designated governmental purpose, including allocation to the general fund. See ME AG Opinion No. 92-7 (attached). It is our determination that the funds in the PUC Conservation Administration Fund are not held in trust. There is nothing in Title 35-A M.R.S.A. section 3211 or of which we are aware that suggests that the Legislature intended to establish the Conservation Administration Fund as a trust. Dedicated revenue accounts are, by definition, funds specified to be used for a designated purpose. If this alone were sufficient to render these accounts trust funds, then no dedicated revenue account would be available for reallocation by the Legislature. I hope this answers your question. Please feel free to inquire again if further clarification is necessary. Sincerely j G. STEVEN ROWE Attorney General GSR:dp Attachment

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