An Act To Amend the Laws Governing General Assistance Programs
Maine Legislature, Session 125, LD 1370
Committee: Health and Human Services
Sponsors: CUSHING, MASON, CURTIS, HARVELL, PARKER, SANDERSON, STRANG BURGESS
Amends: 22 MRSA §4301, 22 MRSA §4315, 22 MRSA §4316-A, 22 MRSA §4317, 36 MRSA §6216

Legislative Document 
No. 1370 
H.P. 1009 
House of Representatives, March 31, 2011 
An Act To Amend the Laws Governing General Assistance 
Programs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CUSHING of Hampden. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: CURTIS of Madison, HARVELL of Farmington, PARKER of Veazie, 
SANDERSON of Chelsea, STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4301, sub-§6, as amended by PL 1991, c. 622, Pt. M, §20, is 
further amended to read: 
6.  Household.  "Household" means an individual or a group of individuals who 
share a dwelling unit.  When an applicant shares a dwelling unit with one or more 
individuals, even when a landlord-tenant relationship may exist between individuals 
residing in the dwelling unit, eligible applicants may receive assistance for no more than 
their pro rata share of the actual costs of the shared basic needs of that household 
according to the maximum levels of assistance established in the municipal ordinance.  
The pro rata share is calculated by dividing the maximum level of assistance available to 
the entire household by the total number of household members.  The income of 
household members not legally liable for supporting the household is considered 
available to the applicant only when there is a pooling of income. 
Sec. 2.  22 MRSA §4301, sub-§7, as amended by PL 2003, c. 510, Pt. C, §6, is 
further amended to read: 
7.  Income.  "Income" means any form of income in cash or in kind received by the 
household, including net remuneration for services performed, cash received on either 
secured or unsecured credit, any payments received as an annuity, retirement or disability 
benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits 
under any state or federal categorical assistance program, supplemental security income, 
social security and any other payments from governmental sources, unless specifically 
prohibited by any law or regulation, court ordered support payments, income from 
pension or trust funds and household income from any other source, including relatives or 
unrelated household members. 
The following items are not available within the meaning of this subsection and 
subsection 10:  
A.    Real or personal income-producing property, tools of trade, governmental 
entitlement specifically treated as exempt assets by state or federal law; 
B.    Actual work-related expenses, whether itemized or by standard deduction, such 
as taxes, retirement fund contributions, union dues, transportation costs to and from 
work, special equipment costs and child care expenses; or 
C.    Earned income of children below the age of 18 years who are full-time students 
and who are not working full time. 
In determining need, the period of time used as a basis for the calculation is the 30-day 
period commencing on the date of the application.  This prospective calculation does not 
disqualify an applicant who has exhausted income to purchase basic necessities if that 
income does not exceed the income standards established by the municipality.  
Notwithstanding this prospective calculation, if any applicant or recipient receives a lump 
sum payment prior or subsequent to applying for assistance, that payment must be 
prorated over future months.  The period of proration is determined by disregarding any 
portion of the lump sum payment that the applicant or recipient has spent to purchase 
basic necessities, including but not limited to:  all basic necessities provided by general 
assistance; reasonable payment of funeral or burial expenses for a family member; 
reasonable travel costs related to the illness or death of a family member; repair or 
replacement of essentials lost due to fire, flood or other natural disaster; repair or 
purchase of a motor vehicle essential for employment, education, training or other day-to-
day living necessities; repayments of loans or credit, the proceeds of which can be 
verified as having been spent on basic necessities; and payment of bills earmarked for the 
purpose for which the lump sum is paid.  All income received by the household between 
the receipt of the lump sum payment and the application for assistance is added to the 
remainder of the lump sum.  The period of proration is then determined by dividing the 
remainder of the lump sum payment by the greater of the verified actual monthly amounts 
for all of the household's basic necessities or 150% of the applicable federal poverty 
guidelines.  That dividend represents the period of proration determined by the 
administrator to commence on the date of receipt of the lump sum payment.  The prorated 
sum for each month must be considered available to the household for 12 months from 
the date of application or during the period of proration, whichever is less. 
Sec. 3.  22 MRSA §4315, 3rd ¶, as amended by PL 1993, c. 410, Pt. AAA, §9, is 
further amended to read: 
If the fair hearing officer finds that a recipient made a false representation to the 
overseer in violation of this section, that recipient is required to reimburse the 
municipality for any assistance rendered for which that recipient was ineligible and is 
ineligible from receiving further assistance for a period of 120 180 days. 
Sec. 4.  22 MRSA §4315, first ¶, as amended by PL 1993, c. 410, Pt. AAA, §9, is 
further amended to read: 
Whoever knowingly and willfully makes any false representation of a material fact to 
the overseer of any municipality or to the department or its agents for the 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 120 180 days and is guilty of a Class E 
crime. 
Sec. 5.  22 MRSA §4316-A, sub-§1, as amended by PL 1993, c. 410, Pt. AAA, 
§10, is further amended to read: 
1.  Ineligibility for assistance.  An applicant is ineligible for assistance for 120 180 
days in all municipalities in the State when any municipality establishes that the 
applicant, without just cause: 
A.    Refuses to search for employment when that search is reasonable and 
appropriate; 
B.    Refuses to register for work; 
C.    Refuses to accept a suitable job offer under this section; 
D.    Refuses to participate in a training, educational or rehabilitation program that 
would assist the applicant in securing employment; 
F.    Refuses to perform or willfully fails to perform a job assigned under subsection 
2; or 
G.    Willfully performs a job assigned under subsection 2 below the average 
standards of that job. 
If a municipality finds that an applicant has violated a work-related rule without just 
cause, under this subsection or subsection 1-A, it is the responsibility of that applicant to 
establish the presence of just cause. 
Sec. 6.  22 MRSA §4316-A, sub-§1-A, as enacted by PL 1993, c. 410, Pt. AAA, 
§10, is amended to read: 
1-A.  Period of ineligibility.  An applicant, whether an initial or repeat applicant, 
who quits work or is discharged from employment due to misconduct as defined in Title 
26, section 1043, subsection 23, is ineligible to receive assistance for 120 180 days after 
the applicant's separation from employment. 
Sec. 7.  22 MRSA §4316-A, sub-§4, as amended by PL 1993, c. 410, Pt. AAA, 
§10, is further amended to read: 
4.  Eligibility regained.  A person who has been disqualified by any municipality for 
not complying with any work requirement of this section may regain eligibility during the 
120-day 180-day period by becoming employed or otherwise complying with the work 
requirements of this section.  An applicant who is disqualified due to failure to comply 
with the municipal work program may be given only one opportunity to regain eligibility 
during the 120-day 180-day disqualification period, except that if an applicant who 
regains eligibility is again disqualified for failing to comply with the municipal work 
program within the initial period of disqualification, the applicant is ineligible for 
assistance for 120 180 days and does not have the opportunity to requalify during the 
120-day 180-day period. 
Sec. 8.  22 MRSA §4317, 4th ¶, 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 from another 
public assistance program or private assistance program, including but not limited to 
unemployment insurance benefits, because of fraud, misrepresentation or a knowing or 
intentional 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. 9.  36 MRSA §6216, 2nd ¶, as amended by PL 1989, c. 614, is further 
amended to read: 
Benefits received under this chapter may not be included as income for purposes of 
any state or municipally administered public benefit program but may be considered and 
as income for purposes of determining eligibility for abatement under section 841, 
subsection 2. 
Sec. 10.  Municipal access to the automated client eligibility system.  The 
Department of Health and Human Services shall develop an implementation plan 
providing municipalities with electronic access to the automated client eligibility system 
for purposes of verifying general assistance program applicant eligibility.  The plan must 
be submitted to the Joint Standing Committee on Health and Human Services no later 
than January 15, 2012.  The plan must include: an implementation timetable that provides 
electronic access to municipalities by December 31, 2012; the standards that must be 
adhered to by municipalities choosing to access the system; and a standard confidentiality 
agreement that must be signed by the municipal officers before access is provided. 
SUMMARY 
This bill seeks to make several changes to the laws governing the administration of 
the general assistance programs.  The bill clarifies the calculation for determining the pro 
rata share of the assistance to be provided to eligible household members and requires 
that the lump sum income proration calculation be based only on actual household need, 
and not on the greater of the need or 150% of federal poverty level, as is currently 
required.  It increases general assistance program ineligibility from 120 days to 180 days 
for fraud or a work requirement violation. It amends the provisions governing the use of 
potential resources to include private assistance programs, such as unemployment 
insurance benefits, and allows refunds provided under the Maine Residents Property Tax 
Program, also known as the Circuitbreaker Program, to count as income in the calculation 
of general assistance program eligibility.  The bill also directs the Department of Health 
and Human Services to develop a plan to provide municipalities with electronic access to 
the State’s automated client eligibility system for determining general assistance program 
applicant eligibility.  Electronic access must be provided to municipalities no later than 
December 31, 2012.