L.D. 777, An Act Creating a State House and Blaine House Commission

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARD S. COHEN ATTORNEY GENERAL STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL J\UGU.STA. MAINE 0/4,1:l:l Senator David Ault Representative Judy Kany Chairpersons April 6, 1979 Committee on State Government State House Augusta, Maine 04333 STEPHEN L. DIAMOND JOHN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL Re: L.D. 777, An Act Creating a State House and Blaine House Commission Dear Senator Ault and Representative Kany: I have reviewed L.D. 777 in accordance with your request of March 21, 1979. There is no legally significant difference between this bill (L.D. 777) and the bill (L.D. 2172) offered last session to create a State Capitol Commission. Both bills provide for a Commission to perform essentially Executive Branch functions with the members appointed by the Governor and by Legislative leadership. Our opinion about the constitutional problems present in L.D. 777 is the same as that expressed with regard to L.D. 2172. L.D. 777 conflicts with the s·eparation of powers clause, Article III, and the Executive powers clause, Article V, of the Maine Constitution. I am attaching our opinion of March 31, 1978, regarding L.D. 2172 and our opinion of September 16, 1977, regarding the Maine- Canadian Exchange Advisory Commission. Both of these opinions discuss the constitutional infirmities present in L.D. 777. If I can be of further assistance in this matter, please call me. RJS:mfe Enclosures V~y yours, ROBERT J. STOLT Deputy Attorney General