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1993 Maine Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagme0021 and id is 1 raw text is: )JJl MICHAEL E. CARPENTER REGIONAL OFFICES: ATTORNEY GENERAL 96 HARLOW Sr., SUITE A BANGOR, MAINE 04401 VENDEAN V. VAFIADES t.: (207) 941-3070 CHIEF DEPUTY STATE OF MAINE STATEREOLE STINE DEPARTMENT OF THE ATTORNEY GENERAL PORTLAND, MAINE 04101-3014 Telephone: (207) 626-8800 STATE HOUSE STATION 6 ThL (207) 822-0260 FAX: (207) 287-3145 AUGUSTA, MAINE 04333 February 2, 1993 Representative Walter E. Whitcomb Minority Leader Maine House of Representatives State House Station 02 Augusta, ME 04333 Dear Representative Whitcomb: You have inquired whether the recently enacted constitutional amendment restricting the ability of the State government to impose additional requirements on local units of government applies to legislation affecting the counties of the State. For the reasons which follow, it is the Opinion of this Department that it was the intention of the Legislature in enacting the amendment to include counties within its purview. Article IX, Section 12 of the Maine Constitution was passed by the 115th Maine Legislature at its Second Regular Session, and was ratified by the voters on November 3, 1992. According to its terms, the amendment was effective on November 23, 1992. The text of the amendment, in its'entirety, is as follows: Section 21. State Mandates. For the purpose of more fairly apportioning the cost of government and providing local property tax relief, the State may not require a local unit of government to expand or modify that unit's activities so as to necessitate additional expenditures from local revenues unless the State provides annually 90% of the funding for these expenditures from State funds not previously appropriated to that local unit of government. Legislation

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