L.D. 508, relating to the form of local consent resolution regarding State Housing Authority Assistance Allocation

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 April 23, 1979 Judy C. Kany, House Chairman committee on State Government State House Augusta, Maine 04333 Dear Representative Kany: Re: L. D. 50 8 STEPHEN L. DIAMOND Jo,iN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL I have received your inquiry about L.D. 508: "An Act to Clarify the Form of Local Consent Resolution Regarding State Housing Authority Assistance Allocation." You have asked whether or not the present language of 30 M.R.S.A. §4552 sub-§ 1 or 30 M.R.S.A. §4701 precludes municipalities from granting limited consent based on the specifics mentioned in L.D. 508. No. Neither 30 M.R.S.A. §4552 sub-§ 1 nor 30 M.R.S.A. §4701, presently precludes municipalities from granting limited consent. These sections (4552(1) and 4701) merely preclude action where no consent or approval has been given by consent resolution. Neither section limits or prescribes the degree of permissible consent. They speak to the existence and form of consent (consent resolution) only. To the extent that L.D. 508 seeks to specify the boundaries of limited consent or form of consent resolution, it does not conflict with or contradict either §4552(1) or §4701. If I can be of further assistance, please feel free to call upon me. Sincerely yours, ROBERT J. STOLT Deputy Attorney Gen~ral RJS: jg