An Act To Build Accountability into the General Assistance Laws
Maine Legislature, Session 125, LD 0539
Committee: Health and Human Services
Sponsors: STRANG BURGESS, HASTINGS, CASAVANT, GRAHAM, HARMON, KESCHL, MAKER, MALABY, VALENTINO, COLLINS
Amends: 22 MRSA §4308, 22 MRSA §4317, 22 MRSA §4317-A

Legislative Document 
No. 539 
H.P. 422 
House of Representatives, February 15, 2011 
An Act To Build Accountability into the General Assistance Laws 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator HASTINGS of Oxford and 
Representatives: CASAVANT of Biddeford, GRAHAM of North Yarmouth, HARMON of 
Palermo, KESCHL of Belgrade, MAKER of Calais, MALABY of Hancock, VALENTINO of 
Saco, Senator: COLLINS of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4308, sub-§1, as amended by PL 1993, c. 410, Pt. AAA, §6, 
is further amended to read: 
1.  Initial and subsequent applications.  Except as provided in section 4316-A, 
subsection 1-A and section 4317-A, a person who makes an application for assistance, 
who has not applied for assistance in that or any other municipality must have that 
person's eligibility determined solely on the basis of need.  All applications for general 
assistance that are not initial applications are repeat applications.  The eligibility of repeat 
applicants must be determined on the basis of need and all other conditions of eligibility 
established by this chapter and municipal ordinance. 
Sec. 2.  22 MRSA §4308, sub-§2, ¶A, as enacted by PL 1985, c. 489, §§5 and 14, 
is amended to read: 
A.    A person who is currently disqualified from general assistance for a violation of 
section 4315, 4316-A or, 4317 or 4317-A is ineligible for emergency assistance under 
this subsection. 
Sec. 3.  22 MRSA §4317, 3rd ¶, as amended by PL 1993, c. 410, Pt. AAA, §11, is 
further amended to read: 
An applicant who refuses to utilize potential resources without just cause, after 
receiving a written 7-day notice, is disqualified from receiving assistance until the 
applicant has made a good faith effort to secure the resource. It is the responsibility of the 
applicant to establish the presence of just cause. 
Sec. 4.  22 MRSA §4317, 4th ¶, as amended by PL 1993, c. 410, Pt. AAA, §11, is 
repealed. 
Sec. 5.  22 MRSA §4317-A is enacted to read: 
§4317-A.  Use of available resources 
An applicant who abandons or refuses to use an available resource without just cause 
is not eligible to receive general assistance to replace the abandoned or refused resource 
for a period of 120 days. A resource is considered abandoned if the applicant without just 
cause voluntarily terminates receipt of an available resource. Available resources include 
but are not limited to any private, local, regional or county-based assistance, state or 
federal assistance, housing, employment, unemployment benefits or food assistance 
program that the applicant is receiving or immediately eligible to receive. Available 
resources also include services, commodities or facilities made available by private 
organizations when the services, commodities or facilities are available and offered at no 
cost to the applicant. 
An applicant who forfeits receipt of or causes reduction in benefits from an available 
resource because of fraud, misrepresentation or a knowing or intentional violation of 
available resource rules, or a refusal to comply with available resource rules without just 
cause, is not eligible to receive general assistance to replace the forfeited benefits for 
either the duration of the forfeiture or 120 days, whichever is greater. It is the 
responsibility of the applicant to establish the presence of just cause. 
SUMMARY 
This bill makes both initial and repeat applicants for general assistance who 
voluntarily abandon government or private resources without just cause ineligible to 
receive general assistance to replace the abandoned assistance for a period of 120 days 
from the date the applicant abandons the resource. The bill also makes an applicant who 
forfeits government or private resources due to fraud, misrepresentation or intentional 
violation or refusal to comply with program rules without just cause ineligible to receive 
general assistance to replace the forfeited assistance for the duration of the forfeiture or 
days, whichever is greater. Current law provides that an applicant who forfeits 
government resources is ineligible to receive general assistance for the duration of the 
forfeiture.