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2012 Maine Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagme0061 and id is 1 raw text is: 2012-01 REIOwA. OmCE 84 HARLow Sr, 2ND FLOOR BANGox. MAINE 04401 TEL. (207) 941-3070 FAX- (207) 941-3075 William J. Schneider ATTORNEY GENERAL 415 CONGRESS ST, Sm 301 PORTLAND, MAINE 04101 TEL. (207) 820260 FAX- (207) 8Z2-0259 STATE OF MAINE 14 AccEssHIGHwAy, STE 1 TEL: (207) 626-8800 OFFICE OF THE ATTORNEY GENERAL CARIBOUMAINE,04736 TTY: 1-800-577-6690 6 STATE HOUSE STATION TEL (207) 496-3792 . FAX: (207) 49&3291 AUGUSTA, MAINE 04333-0006 February 9, 2012 Beth L. Ashcroft, Director Office of Program Evaluation and Government Accountability 82 State House Station Augusta, ME 04333-0082 Dear Ms. Ashcroft: On behalf of the Government Oversight Committee, you have asked for an update of the opinion issued by the Attorney General on September 4, 1996 (Op. Me. Att'y Gen. 96-11, hereafter Op. 96-11, attached) concerning the legality of using Highway Fund money to support certain costs of the Maine State Ferry Service. That opinion concluded that the Highway Fund may be used for the support of ferries whose principal purpose is the transportation of motor vehicles. Subject to the ambiguities and uncertainties discussed below, I believe that opinion remains defensible. The Maine Constitution and the Highway Fund Section 19, in its entirety, reads: All revenues derived from fees, excises and license taxes relating to registration, operation and use of vehicles on public highways, and to fuels used for propulsion of such vehicles shall be expended solely for cost of administration, statutory refunds and adjustments, payment of debts and liabilities incurred in construction and reconstruction of highways and bridges, the cost of construction, reconstruction, maintenance.and repair ofpublic highways and bridges under the direction and supervision of a state department having jurisdiction over such highways and bridges and expense for state enforcement of traffic laws and shall not be diverted for any purpose, provided that these limitations shall not apply to revenue from an excise tax on motor vehicles imposed in lieu of personal property tax. Me. Const. art. 9, § 19 (emphasis added). The legislative history of this provision is clearly summarized in this passage from the Law Court's decision in Portland Pipe Line Corp. v. Environmental Imp. Com'n, 307 A.2d 1 (Me. 1973): PRIMNMON RELTCLW PAPER

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