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1995 Maine Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagme0023 and id is 1 raw text is: 95-1 ANDREw KETTERER ATTORNEY GENERAL REGIONAL OFFICES: 96 HARLOW ST., SUITE A BANGOR, MAINE 04401 STATE OF MAINE TEL: (207) 941-3070 59 PREBLE STREET PORTLAND, MAINE 04101-3014 FAXpn: (207 2-45 STATE HOUSE STATION 6 TEL: (207) 822-0260 FAX:: (207) 822-0260 AUGUSTA, MAINE 04333 March 20, 1995 Senator Dana C. Hanley Representative George J. Kerr Chairs, Joint Standing Committee on Appropriations and Financial Affairs State House Station #5 Augusta, ME 04333 Dear Senator Hanley and Representative Kerr: I am writing in response to your inquiry of March 7, 1995, concerning the proposal of Governor King to limit the State's contribution to the Maine State Retirement System for teacher retirement costs in the upcoming biennium. Your question is whether such action, if enacted, would constitute a state mandate within the meaning of Article IX, Section 21 of the Maine Constitution. For the reasons which follow, it is the Opinion of this Department that the Governor's proposal would not constitute a mandate. The Governor's proposal is contained in Part G of Legislative Document 706, the General Appropriations Act for Fiscal Years 1996 and 1997. As you describe it, the proposal would limit any increase in the amount of money which the State would contribute to the Retirement System for teacher retirement costs to 3 percent of the aggregate salary base of the teachers in the preceding fiscal year. Any retirement costs in excess of this limit, caused by an increase in a teacher's salary of more than 3 percent over the preceding fiscal year, would have to be borne by the School Administrative Unit employing the teacher. Your question is whether such an action, if adopted by the Legislature, would count as a state mandate within the meaning of the constitutional provision. Article IX, Section 21 of the Maine Constitution provides, in pertinent part: For the purpose of more fairly apportioning the cost of government and providing local property tax relief, the

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