An Act Making Substantive and Technical Changes to the General Assistance Laws
Maine Legislature, Session 121, LD 0619
Committee: Health and Human Services
Sponsors: ROTUNDO
Amends: 22 MRSA §4306, 22 MRSA §4307, 22 MRSA §4313, 22 MRSA §4315, 22 MRSA §4317, 22 MRSA §4319, 22 MRSA §4322-A

Legislative Document 
No. 619 
S.P.228 
In Senate, February 11, 2003 
An Act Making Substantive and Technical Changes to the General 
Assistance Laws 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator ROTUNDO of Androscoggin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4306, as enacted by PL 1983, c. 577, §l, 1S 
amended to read: 
§4306. Records; confidentiality of information 
The 
overseer 
shall 
keep 
complete 
and 
accurate 
records 
pertaining to general assistance, including the names of eligible 
persons assisted and 
the 
amounts 
paid for 
their assistance. 
Records, 
papers, 
files 
and 
communications 
relating 
to 
an 
applicant or recipient made or received by persons charged with 
responsibility of administering this chapter are confidential and 
no 
information relating to 
a 
person who 
is 
an applicant or 
recipient 
may 
be 
disclosed 
to 
the 
general 
public, 
unless 
expressly permitted 
by 
that 
person. 
This 
section 
does 
not 
prevent 
disclosure 
to 
a 
law 
enforcement 
officer, 
emergency 
responder or municipal official acting in an official capacity. 
Sec. 2. 22 MRSA §4307. sub-§4. ~B. as enacted by PL 1987, c. 
349, Pt. H, §15, is amended to read: 
B. 
±E--~--app±ieaRt---Mr--iR--~--~~eHp--~,---sbe±~eFT 
~ebaBi±i~a~ieR--€eR~e~7--~~£~£~--~,--~it~~--~F--etReF 
iRstitH~ieR-~--~-time-~-~~~~~-aRa-~~it~~-BeeR 
iR-tbat-iR£ti~~~ieR-~~~-~-~~~--~r~~-haG-a-~esiaeRee 
immeaia~e±y-~~~--B&-eRte~iR~-~~-iR&~i~H~i~R-W£~€£-~-Raa 
maiR~aiRea--~--~e--~i~--be--~~~--~e--~~~~,---~Re 
mHRieipa±ity-~f--~~&~~~~~y-~~~-~-~be--mHRieipa±i~y 
wbe~e--~~-~l~~--w~£--a--~&1G&&~--~~~l~-~~~~--~e 
eR~eFiR~-tbe-iR6titHtieRT For the purpose of this paragraph 
and paragraphs C and D, 
a hotel, motel or similar place of 
temporary 
lodging 
is 
considered 
an 
institution 
when 
a 
municipality: 
(1) 
Grants financial assistance for a person to move 
to or stay in temporary lodging; 
(2) 
Makes 
arrangements 
for 
a 
person 
to 
stay 
in 
temporary lodging; 
(3) 
Advises 
or 
encourages 
a 
person 
to 
temporary lodging; or 
stay 
in 
(4) 
Illegally 
resul t 
of that 
lodging. 
denies 
denial, 
housing assistance 
and, 
as 
a 
the person stays in temporary 
The applicant is the responsibility of the municipality that 
undertakes any of the actions in subparagraphs (1) to 
(4) 
Page l-LR1283(1) 
while the applicant is in temporary lodging for up to 6 
months. 
After 6 months of temporary lodging, responsibility 
is determined under paragraph C or 0, whichever applies. 
Sec. 3. 22 MRS A §4307, sub-§4, "C and D are enacted to read: 
C. 
An applicant in an institution who retained a residence, 
such as a rented or owned dwelling or home, during a stay in 
an institution such as a group home, shelter, rehabilitation 
center, 
nursing 
home, 
hospital 
or 
other 
institution as 
defined 
in 
paragraph 
B, 
is 
the 
responsibility 
of 
the 
municipality where the residence is located regardless of 
the duration of time spent in the institutioti. 
D. 
An applicant not retaining a residence, such as a rented 
or owned dwelling or home, who has been in an institution 
such 
as 
a 
group 
home, 
shelter, 
rehabilitation 
center, 
nursing home, hospital or other institution as defined in 
paragraph B for 6 months or less at the time of application 
is 
the 
responsibility 
of 
the 
municipality 
where 
the 
applicant was a resident immediately prior to entering the 
institution. 
An applicant not retaining a residence who has 
been in an institution for more than 6 months at the time of 
application is the responsibility of the municipality where 
the institution is located. 
Sec. 4. 22 MRSA §4313, sub-§2, as amended by PL 1993, c. 410, 
Pt. AAA, §8, is repealed and the following enacted in its place: 
2. 
Burial or cremation. 
In the event of the death of an 
eligible person, the following provisions apply. 
A. 
The funeral director shall notify the overseer prior to 
burial or cremation or by the end of the next business day 
following the funeral director's receipt of the body of an 
eligible 
person, 
whichever 
is 
earlier. 
Notwithstanding 
section 4305, subsection 3, paragraph C, the overseer must 
render a decision within 10 working days after receiving an 
application 
for 
assistance 
with 
funeral 
expenses. 
An 
application may be denied if the overseer has not received 
sufficient verification that no relative or other resource 
is available to pay for the direct burial or cremation costs. 
B. 
The general rules of residency for general assistance 
under section 4307 
apply to funerals. 
In the event 
an 
eligible 
deceased 
person 
was 
not 
a 
resident 
of 
any 
municipality, 
the municipality where 
the person dies 
is 
responsible for the funeral costs. 
c. 
The spouse, 
father, mother, grandfather, grandmother, 
children, grandchildren or siblings, living within or owning 
real or tangible property wi thin the State, are considered 
legally liable relatives and as such are responsible for the 
burial 
or 
cremation 
costs 
of 
the 
eligible 
person 
in 
proportion to their respective abilities to pay. 
If the 
surviving legally liable relative 
or 
relatives 
and 
the 
deceased subject were estranged at the time of death, the 
municipality may determine that the relative or relatives 
are not liable for funeral expenses. 
For purposes of this 
paragraph, "estranged" means living in separate residences 
and having 
a 
relationship characterized by hostility or 
indifference. 
When 
no 
legally 
liable 
relative 
possesses 
a 
financial 
capacity to pay either in lump 
sum or on an installment 
basis for the direct costs of a burial or cremation, the 
contribution of 
a 
municipality under this 
subsection is 
limited 
to 
a 
reasonable 
calculation 
of 
the 
funeral 
director's direct costs, less any and all contributions fro~ 
any other source. 
The funeral director's acceptance of the 
municipality's 
general 
assistance 
payment 
constitutes 
payment in full, relieving the legally liable relatives from 
financial obligation for all funeral services rendered. 
D. 
The custody and control of the 
remains 
of deceased 
residents of this State are generally governed by section 
2843-A. 
In all other circumstances, the municipal general 
assistance administrator may authorize usual and customary 
general assistance funeral arrangements including cremation 
in cases when eligibility is determined to exist and when: 
(1) 
No next of kin as defined by section 2843-A can be 
located; or 
(2) 
The next of kin are unwilling or unable to take 
custody and control as defined by section 2843-A. 
General 
assistance 
administrators 
authorizing 
usual 
and 
customary general assistance funeral arrangements, including 
cremation, are presumed to be acting in good faith and are 
completely immune from liability_ 
Sec. 5. 22 MRSA §4315, first 1f, as amended by PL 1993, 
Pt. AAA, §9, is further amended to read: 
Whoever 
*RewiR~ly---~---willf~lly 
makes 
any 
representation 
of 
a 
material 
fact 
to 
the 
overseer 
municipality or to the department or its agents for the 
c. 410, 
false 
of 
any 
purpose 
• 
of causing that or any other person to be granted assistance by 
the municipality or by the State is ineligible for assistance for 
a period of 120 days and is guilty of a Class E crime. 
Sec. 6. 22 MRSA §4317, first" as amended by PL 1993, c. 410, 
Pt 
AAA, §11, is further amended to read: 
An applicant or recipient must make a good faith effort to 
secure any potential resource that may be available, including, 
but not limited to, 
any state or federal assistance program, 
effi~±eyffieB~ unemployment benefits, governmental or private pension 
programs, 
available trust funds, 
support 
from 
legally liable 
relatives, 
child-support 
payments 
and 
jointly held 
resources 
where the applicant or recipient share may be available to the 
individual. Assistance may not be withheld pending receipt of 
such resource as long as application has been made or good faith 
effort is being made to secure the resource. 
Sec. 7. 22 MRSA §4317, last,. as amended by PL 1993, c. 410, 
Pt 
AAA, §11, is further amended to read: 
An applicant who forfeits receipt of or causes reduction in 
benefits 
~Feffi--ano-t--h€-r--~1:l.B±ie--a-&6-i-&t.-an<::-e--~FeI3Faffi or income from 
any source because of fraud, misrepresentation or a--k-now-i-ng--eF 
iB~eB~ieBa± violation of program rules or a refusal to comply 
with program rules without just cause is not eligible to receive 
general assistance to replace the forfeited assistance for the 
duration of the forfeiture. 
Sec. 8. 22 MRSA §4319. sub-§1. as amended by PL 1993, c. 410, 
Pt. AAA, §12, is repealed and the following enacted in its place: 
1. 
Relatives liable. 
Liability of relatives for support is 
as follows. 
A. 
A parent of a child under 25 years of age shall support 
that child in proportion to the parent's ability. 
B. 
A spouse shall support that person's husband or wife in 
proportion to the person's ability. 
C. 
Liability for burial expenses is governed by section 
ill.h 
Sec. 9. 22 MRSA §4322-A is enacted to read: 
§4322-A. 
Claimant's failure to appear 
1. 
Notice. 
If a 
claimant fails to appear at the fair 
hearing under section 4322, the fair hearing authority shall send 
a written notice to the claimant that the general assistance 
administrator's decision was not altered due to the claimant's 
failure to appear. 
The notice must indicate that the claimant 
has 5 working days from receipt of the notice to submit to the 
general assistance administrator information demonstrating "just 
cause" for failing to appear. 
2. 
Just cause. 
For the purposes of a claimant's failure to 
appear at a fair hearing, examples of "just cause" include: 
A. 
A death or serious illness in the family; 
B. 
A personal illness that reasonably prevents the claimant 
from attending the hearing; 
C. 
An 
emergency 
or 
unforeseen 
event 
that 
reasonably 
prevents the claimant from attending the hearing; 
D. 
An obligation or responsibility that a reasonable person 
in the conduct of that person's affairs could reasonably 
conclude 
takes 
precedence 
over 
the 
attendance 
at 
the 
hearing; or 
E. 
Lack of receipt of adequate or timely notice, excusable 
neglect, excusable inadvertence or excusable mistake. 
If the claimant establishes just cause, 
the request for 
the 
hearing must be reinstated and a hearing rescheduled. 
3. 
Authority of legal 
counsel 
when 
claimant fails 
to 
appear. 
In the event that a claimant who is represented by legal 
counsel fails to appear at a fair hearing, legal counsel may not 
testify in place of the claimant on matters of fact but may 
cross-examine witnesses and make legal arguments on behalf of th~ 
claimant. 
SUMMARY 
The purpose of this bill is to clarify existing municipal 
general assistance laws in order to facilitate administration of 
and 
applicant 
access 
to 
the 
general 
assistance 
program. 
Specifically, the bill makes the following changes. 
1. 
It clarifies that information may be disclosed to law 
enforcement 
officers, 
emergency 
respondents 
or 
municipal 
officials 
who 
are 
acting 
in 
an 
official 
capacity 
while 
maintaining confidentiality. 
2. 
It 
eliminates 
preexisting 
areas 
of 
confusion 
and 
ambiguity regarding residency issues and municipal responsibility. 
3. 
It 
eliminates 
preexisting 
areas 
of 
confusion 
and 
ambiguity regarding funerals and municipal responsibilities and 
adds 
immunity 
from 
liability 
for 
a 
general 
assistance 
administrator's good faith actions regarding burial and cremation 
of 
general 
assistance 
recipients. 
In 
addition, 
it provides 
municipalities the option of not pursuing estranged relatives in 
order to render funeral assistance. 
4. 
It removes the standard of "knowingly and willfully" 
from the false representation statutes. 
5. 
It clarifies forfeiture and reduction of benefits. 
6. 
It expands the definition of legally liable spouses and 
parents. 
7. 
It creates a claimant's right to request rescheduling of 
fair hearing if just cause for the claimant's failure to appear 
is established.