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2017 Op. Me. Att'y Gen. 1 (2017)

handle is hein.sag/sagme2017 and id is 1 raw text is: JANET T. MILLS ATTORNEY GENERAL TEL: (207) 626-8800 TTY USERS CALL MAINE RELAY 711 STATE OF MAINE OFFIcE OF THE; ATTORNEY G ENERAL 6 STATE HOUSE STATION AUGUSTA, MAINE 04333-0006 REGIONAL OFYICES 84 HARLOW ST. 2ND Foon BANGOR, 1AINE 04401 TE: (207) 941-3070 FAx: (207) 941-3075 415 CoNGRESS ST., STE.. 301 PORTLAND, MAINE 04101 TEL: (207) 822-0260 FAx: (207) 822-0259 14 ACCESS HIGHWAY, Sm I CARIBOU, MAINE 04736 TE1: (207) 496-3792 FAx: (207) 496-3291 January 24, 2017 The Honorable Roger Katz Maine State Senate 3 State House Station Augusta, ME 04333-0003 The Honorable Aaron Frey Maine State House of Representatives 2 State House Station Augusta, ME 04333-0002 RE: Riverview- Proposed Secure Forensic Facility Dear Senator Katz and Representative Frey: We cannot comment on the specifics of a proposal that is not clearly defined in writing, but we offer these general comments, not an official opinion, in response to your questions. We were made aware of a proposal to build a secure forensic facility (more recently referred to as a step-down facility) on the grounds of the Riverview campus. We counseled the Administration that Title 5, section 304 expressly requires Legislative Council approval for the construction of a new building at that location since it is within the Capitol Area as defined by statute. See I M.R.S. § 814 and 5 M.R.S. § 304. Now we are informed that the Administration is proposing to build this facility in another location, perhaps on state-owned property in Bangor. Under the Maine Constitution, executive agencies have only that authority which is given to them by the Legislature. See, e.g., Sawyer v. Gilmore, 109 Me. 169, 180 (1912): The authority of the executive and judicial departments is a grant. These departments can exercise only the powers enumerated in and conferred upon them by the Constitution and such as are necessarily implied therefrom. The powers of the Legislature in matters of legislation, broadly speaking, are absolute, except as restricted and limited by the Constitution. As to the executive and judiciary, the Constitution measures the extent of their authority, as to the Legislature it measures the limitations upon its authority.

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