An Act To Require The Attorney General To Seek Legislative Approval Before Filing Any Civil Suit On Behalf Of The State And To Authorize Citizen-Initiated Petitions To Move For Dismissal

132nd Legislature (2025-2026) Introduced by Will Tuell

Requires Maine AG to obtain legislative approval before filing state civil suits and lets citizens petition to dismiss suits; adds AG staffing and funding; bill died.

Placed in Legislative Files (DEAD)

#attorneygeneraldept #powers #statecivilsuits

Overview

LD 1008 proposes a constitutional-style procedural change to how the state pursues civil litigation, requiring the Attorney General (AG) to obtain legislative approval before filing any civil suit on behalf of Maine, and authorizing citizen-initiated petitions to move for the dismissal of state civil suits. The bill was introduced on March 11, 2025, referred to the Judiciary Committee, and was ultimately placed in Legislative Files (DEAD) on May 21, 2025.

Main purpose and intent

To ensure legislative oversight of all civil litigation initiated by the state, by requiring the AG to seek approval from the Legislature before filing suits.

To empower citizens to participate in the oversight of state litigation through petitions seeking dismissal of existing or potential suits.

Key provisions (as indicated by the fiscal notes and bill title)

AG Approval Requirement:

The AG must obtain legislative approval prior to filing any civil suit on behalf of the State.
The process likely involves a formal review or request routed through a legislative body or a specified committee (the notes reference joint standing committee processes and potential legislative-session timing).

Citizen-Initiated Petitions for Dismissal:

Enables private citizens to initiate petitions aimed at moving for the dismissal of state civil suits.

Administrative and Staffing Implications:

The Department of the Attorney General would need an additional budgetary allocation for Other Special Revenue Funds to support one full-time Assistant Attorney General and one Research Assistant to handle the legislative-approval process and related work.
Reimbursement to the AG’s office from state agencies for legal services would increase by the same amount as the new appropriations.

Fiscal/Revenue Impacts:

Potential reduction in the number of civil suits filed, resulting in minor workload reductions for the Judicial Branch.
Minor decreases in General Fund revenue from filing fees due to fewer cases.

Secretary of State: Minor, absorbable costs anticipated.

Impacted parties and entities

Maine Department of the Attorney General (staffing, budgeting, and internal processes)

Maine Legislature (new oversight role and potential procedural requirements)

Judicial Branch (potential workload reduction; minor cost savings)

State agencies that rely on AG litigation and reimbursements

General public/citizens (via the ability to file petitions to seek dismissal of suits)

Procedural timeline and status

Introduced: March 11, 2025

Committee: Judiciary

Key actions: Work Session (March 27, 2025); Voted Divided Report; Reported Out (May 15, 2025); Majority Ought Not to Pass accepted (May 21, 2025)

Current status: Placed in Legislative Files (DEAD) on May 21, 2025

Fiscal notes: Two versions (LR 761(01) and LR 761(02)) approved 04/24/25, outlining multiyear appropriations, revenue, and workload impacts

Bottom line

LD 1008 would introduce substantial oversight of state litigation and give citizens a mechanism to challenge or influence such litigation. It would require new AG staffing and state funding to manage the legislative-approval process, with expected minor reductions in civil filings and associated fees. The bill did not advance, ending as Dead in the legislative process.

Bill