An Act To Require the State To Administer and Fund the General Assistance Program
Maine Legislature, Session 127, LD 0632
Committee: Health and Human Services
Sponsors: SAVIELLO, KATZ
Amends: 14 MRSA §6002, 14 MRSA §6026, 17-A MRSA §905-C, 18-A MRSA §5, 22 MRSA §3811, 22 MRSA §4301, 22 MRSA §4302, 22 MRSA §4303, 22 MRSA §4304, 22 MRSA §4305, 22 MRSA §4305-A, 22 MRSA §4306, 22 MRSA §4307, 22 MRSA §4308, 22 MRSA §4309, 22 MRSA §4310, 22 MRSA §4311, 22 MRSA §4311-A, 22 MRSA §4312, 22 MRSA §4313, 22 MRSA §4314, 22 MRSA §4315, 22 MRSA §4315-A, 22 MRSA §4316-A, 22 MRSA §4318, 22 MRSA §4319, 22 MRSA §4320, 22 MRSA §4321, 22 MRSA §4322, 22 MRSA §4323, 22 MRSA §4326, 30-A MRSA §1605, 30-A MRSA §2526, 30-A MRSA §2631, 30-A MRSA §2652, 30-A MRSA §5052, 30-A MRSA §5721-A

Legislative Document 
No. 632 
S.P. 225 
In Senate, March 3, 2015 
An Act To Require the State To Administer and Fund the General 
Assistance Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator: KATZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6002, sub-§1, as repealed and replaced by PL 2009, c. 171, 
§2, is amended to read: 
1.  Causes for 7-day notice of termination of tenancy.  Notwithstanding any other 
provisions of this chapter, the tenancy may be terminated upon 7 days' written notice in 
the event that the landlord can show, by affirmative proof, that: 
A.  The tenant, the tenant's family or an invitee of the tenant has caused substantial 
damage to the demised premises that the tenant has not repaired or caused to be 
repaired before the giving of the notice provided in this subsection; 
B.  The tenant, the tenant's family or an invitee of the tenant caused or permitted a 
nuisance within the premises, has caused or permitted an invitee to cause the 
dwelling unit to become unfit for human habitation or has violated or permitted a 
violation of the law regarding the tenancy; or 
C.  The tenant is 7 days or more in arrears in the payment of rent. 
If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of 
rent due before the expiration of the 7-day notice in writing, that notice is void. 
Thereafter, in all residential tenancies at will, if the tenant pays all rental arrears, all rent 
due as of the date of payment and any filing fees and service of process fees actually 
expended by the landlord before the issuance of the writ of possession as provided by 
section 6005, then the tenancy must be reinstated and no writ of possession may issue. 
In the event that the landlord or the landlord's agent has made at least 3 good faith efforts 
to personally serve the tenant in-hand, that service may be accomplished by both mailing 
the notice by first class mail to the tenant's last known address and by leaving the notice 
at the tenant's last and usual place of abode. 
Payment or written assurance of payment through the general assistance program, as 
authorized by the State or a municipality pursuant to Title 22, chapter 1161, has the same 
effect as payment in cash. 
Sec. 2.  14 MRSA §6026, sub-§9, as enacted by PL 1983, c. 764, §2, is amended 
to read: 
9.  Lack of heat. If the landlord fails to comply with the provisions of Title 14, 
section 6021, subsection 6, then the purchase of heating fuel by the tenant shall be is 
deemed to be a "cost of compliance" within the meaning of subsection 2. For tenants on 
general assistance, municipalities shall have the rights of tenants under this subsection. 
Sec. 3.  17-A MRSA §905-C, sub-§2, ¶A, as enacted by PL 2011, c. 687, §1, is 
amended to read: 
A.  The municipal general assistance program under Title 22, chapter 1161; 
Sec. 4.  18-A MRSA §5-604, as enacted by PL 1979, c. 540, §1, is amended to 
read: 
§5-604.  Nomination of public guardian or conservator 
(a).    Any person who is eligible to petition for appointment of a guardian under 
section 5-303, subsection (a), including the commissioner of any state department, the 
head of any state institution, the overseers of the poor, and the welfare director or health 
officer of any municipality may nominate the public guardian. 
(b).    Any person who is eligible to petition for appointment of a conservator under 
section 5-404, subsection (a), including the commissioner of any state department, the 
head of any state institution, the overseer of the poor, and the welfare director or health 
officer of any municipality may nominate the public conservator. 
(c).    Except as supplemented by section 5-605, the proceedings for determining the 
appointment of a public guardian or conservator shall be are governed by the provisions 
of this Article for the appointment of guardians and conservators generally. 
Sec. 5.  22 MRSA §3811, sub-§3, as amended by PL 2011, c. 687, §11, is further 
amended to read: 
3.  Overpayment.  "Overpayment" means program benefits that exceed the amount 
of program benefits for which an individual or assistance unit is eligible when the 
department or a court has determined that the benefits were provided as a result of an 
intentional program violation, an unintentional error by the individual or household or an 
error by the department.  "Overpayment" does not include an overpayment for medical 
services by the department pursuant to chapter 855 or municipal an overpayment for 
general assistance pursuant to chapter 1161, if the overpayment occurred due to an 
unintentional error by the individual or household or an error by the department or by the 
municipality in the case of municipal general assistance under chapter 1161 an entity 
delegated by the department to administer the general assistance program. 
Sec. 6.  22 MRSA §4301, as amended by PL 2013, c. 551, §1, is further amended 
to read: 
§4301.  Definitions 
As used in this chapter, unless the context indicates otherwise, the following terms 
have the following meanings. 
1.  Basic necessities.  "Basic necessities" means food, clothing, shelter, fuel, 
electricity, nonelective medical services as recommended by a physician, nonprescription 
drugs, telephone where it is necessary for medical reasons and any other commodity or 
service determined essential by the overseer administrator in accordance with the 
municipality's ordinance department rules and this chapter.  "Basic necessities" do does 
not include security deposits for rental property, except for emergency purposes.  For the 
purposes of this subsection, "emergency purposes" means any situation in which no other 
permanent lodging is available unless a security deposit is paid. 
1-A.  Direct costs.  "Direct costs" means the total value of general assistance benefits 
paid out by a municipality that is to an eligible person in compliance with this chapter and 
the municipality's general assistance ordinance department rule. 
1-B.  Administrator.  "Administrator" means the department or an entity delegated 
by the department to administer the general assistance program pursuant to section 4302. 
2.  Dwelling unit.  "Dwelling unit" means a building or part thereof used for separate 
living quarters for one or more persons living as a single housekeeping unit. 
3.  Eligible person.  "Eligible person" means a person who is qualified to receive 
general assistance from a municipality according to standards of eligibility determined by 
the municipal officers an administrator whether or not that person has applied for general 
assistance. "Eligible person" does not include a person who is a fugitive from justice as 
defined in Title 15, section 201, subsection 4. 
4.  Emergency.  "Emergency" means any life threatening situation or a situation 
beyond the control of the individual which that, if not alleviated immediately, could 
reasonably be expected to pose a threat to the health or safety of a person. 
5.  General assistance program.  "General assistance program" means a service 
administered by a municipality an administrator for the immediate aid of persons who are 
unable to provide the basic necessities essential to maintain themselves or their families.  
A general assistance program provides a specific amount and type of aid for defined 
needs during a limited period of time and is not intended to be a continuing "grant-in-aid" 
or "categorical" welfare program.  This definition shall does not in any way lessen the 
responsibility of each municipality an administrator to provide general assistance to a 
person each time that the person has need and is found to be otherwise eligible to receive 
general assistance. 
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 by 
the department.  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. 
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, household income from any other source, including relatives or 
unrelated household members and any benefit received pursuant to Title 36, chapter 907, 
Title 36, section 5219-II and Title 36, section 5219-KK, unless used for basic necessities 
as defined in section 4301, subsection 1. 
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 department.  
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 verified actual monthly amounts for all of the 
household's basic necessities.  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. 
8.  Just cause.  "Just cause" means a valid, verifiable reason that hinders an 
individual in complying with one or more conditions of eligibility. 
8-A.  Lump sum payment.  "Lump sum payment" means a one-time or typically 
nonrecurring sum of money issued to an applicant or recipient.  "Lump sum payment" 
includes, but is not limited to, retroactive or settlement portions of social security 
benefits, workers' compensation payments, unemployment benefits, disability income, 
veterans' benefits, severance pay benefits, or money received from inheritances, lottery 
winnings, personal injury awards, property damage claims or divorce settlements.  A 
lump sum payment includes only the amount of money available to the applicant after 
payment of required deductions has been made from the gross lump sum payment.  A 
lump sum payment does not include conversion of a nonliquid resource to a liquid 
resource if the liquid resource has been used or is intended to be used to replace the 
converted resource or for other necessary expenses. 
9.  Municipality of responsibility.  "Municipality of responsibility" means the 
municipality which is liable for the support of any eligible person at the time of 
application. 
10.  Need.  "Need" means the condition whereby a person's income, money, property, 
credit, assets or other resources available to provide basic necessities for the individual 
and the individual's family are less than the maximum levels of assistance established by 
the municipality department. 
11.  Net general assistance costs.  "Net general assistance costs" means those direct 
costs incurred by a municipality an administrator in providing assistance to eligible 
persons according to standards established by the municipal officers department and does 
not include the administrative expenses of the general assistance program. 
12.  Overseer.  "Overseer" means an official designated by a municipality to 
administer a general assistance program.  The municipal officers shall serve as a board of 
overseers if no other persons are appointed or elected. 
12-A.  Pooling of income.  "Pooling of income" means the financial relationship 
among household members who are not legally liable for mutual support in which there 
occurs any comingling of funds or sharing of income or expenses.  Municipalities may by 
ordinance establish as There is a rebuttable presumption that persons sharing the same 
dwelling unit are pooling their income.  Applicants who are requesting that the 
determination of eligibility be calculated as though one or more household members are 
not pooling their income have the burden of rebutting the presumption of pooling income. 
13.  Real estate.  "Real estate" means any land, buildings, homes, mobile homes and 
any other things affixed to that land. 
Sec. 7.  22 MRSA §4302, as enacted by PL 1983, c. 577, §1, is amended to read: 
§4302.  Delegation of duties; oath; bond 
Overseers The department may authorize some a person whom they shall designate to 
perform such of the duties imposed upon them by this chapter as they may determine the 
department determines. The overseers department may designate more than one person to 
perform those duties. Before entering upon the performance of those duties, the person or 
persons so designated shall be sworn and shall give bond to the town department for the 
faithful performance of those duties, in such sum and with such sureties as the overseers 
order department orders. 
Sec. 8.  22 MRSA §4303, as enacted by PL 1983, c. 577, §1, is amended to read: 
§4303.  Prosecution and defense of adminstrators 
For all purposes provided for in this chapter, the overseers department or any person 
appointed by them it in writing may prosecute and defend a town an administrator. 
Sec. 9.  22 MRSA §4304, as amended by PL 1991, c. 209, §1, is further amended 
to read: 
§4304.  General assistance district offices 
1.  Local office.  There must be in each municipality a general assistance office or 
designated place where any person may apply for general assistance at regular, 
reasonable times designated by the municipal officers.  Notice must be posted of these 
times, the name of the overseer available to take applications in an emergency at all other 
times, the fact that the municipality must issue a written decision on all applications 
within 24 hours and the department's toll-free telephone number for reporting alleged 
violations in accordance with section 4321. 
2.  District offices.  In situations where in the judgment of a municipality the number 
of applicants does not justify the establishment of a local office or designated place, or 
where for other reasons a local office or designated place is not necessary, 2 or more 
municipalities, by a vote of their respective legislative bodies, may The department shall 
establish a the district office offices necessary for the administration of general assistance 
and make agreements as to the payment of expenses and any other matters relevant to the 
operation of the office offices.  
Any district office established pursuant to this subsection shall must be located so as to be 
accessible by a toll-free telephone call from any part of every municipality it is 
designated to serve.  
Every district general assistance officer administrator shall be available for the taking of 
applications at least 35 hours each week and shall make provision for designated 
personnel to be available to take applications in an emergency 24 hours a day. 
3.  Emergencies.  In any case when an applicant is unable, due to illness, disability, 
lack of transportation, lack of child care or other good cause, to apply in person for 
assistance or unable to appoint a duly authorized representative, the overseer an 
administrator shall accept an application by telephone subject to verification by mail and 
a visit to the applicant's home with the consent of the applicant.  Municipalities An 
administrator may arrange with emergency shelters for the homeless to presume eligible 
for municipal assistance persons to whom the emergency shelter provides shelter 
services. 
Sec. 10.  22 MRSA §4305, as amended by PL 2013, c. 368, Pt. OO, §7, is 
repealed. 
Sec. 11.  22 MRSA §4305-A is enacted to read: 
§4305-A.  Department rule required 
1.  Program required; rule. A general assistance program must be operated by the 
department and must be administered in accordance with rules adopted by the department 
pursuant to section 4323. 
2.  Availability of rules.  The rules adopted pursuant to section 4323 and a copy of 
this chapter must be available in the administrator's office and be easily accessible to any 
member of the public.  Notice to that effect must be posted.  A copy of this chapter must 
be distributed by the department to each administrator. 
Sec. 12.  22 MRSA §4306, as enacted by PL 1983, c. 577, §1, is amended to read: 
§4306.  Records; confidentiality of information 
The overseer An administrator 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. 
Sec. 13.  22 MRSA §4307, as corrected by RR 2009, c. 2, §§58 and 59, is 
repealed. 
Sec. 14.  22 MRSA §4308, as amended by PL 2011, c. 655, Pt. R, §2, is further 
amended to read: 
§4308.  Applications 
In order to receive assistance from any municipality, the applicant or a duly 
authorized representative must file a written application with the overseer an 
administrator, except as provided in section 4304, subsection 3. 
1.  Initial and subsequent applications.  Except as provided in section 4316-A, 
subsection 1-A, a person who makes an application for assistance, who previously 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 department rule. 
1-A.  Limit on housing assistance.  Except as provided in subsections 1-B and 2, 
housing assistance provided pursuant to this chapter is limited to a maximum of 9 months 
during the period from July 1, 2012 to June 30, 2013. 
1-B.  Extension of housing assistance due to hardship.  An applicant is eligible for 
housing assistance under this chapter beyond the limit established in subsection 1-A if the 
applicant has a severe and persistent mental or physical condition warranting such an 
extension or has an application for assistance pending with the federal Social Security 
Administration. 
2.  Emergencies.  A person who does not have sufficient resources to provide one or 
more basic necessities in an emergency is eligible for emergency general assistance, even 
when that applicant has been found ineligible for nonemergency general assistance, 
except as provided in this subsection.  
A.  A person who is currently disqualified from general assistance for a violation of 
section 4315, 4316-A or 4317 is ineligible for emergency assistance under this 
subsection. 
B.  Municipalities The department may by standards adopted in municipal ordinances 
rule pursuant to section 4323 restrict the disbursement of emergency assistance to 
alleviate emergency situations to the extent that those situations could not have been 
averted by the applicant's use of income and resources for basic necessities.  The 
person requesting assistance shall provide evidence of income and resources for the 
applicable time period. 
A municipality An administrator may provide emergency assistance when the 
municipality administrator determines that an emergency is imminent and that failure to 
provide assistance may result in undue hardship and unnecessary costs. 
3.  Initial applicant.  Notwithstanding section 4301, subsection 7, the household of 
an initial applicant that is otherwise eligible for emergency assistance may not be denied 
emergency assistance to meet an immediate need solely on the basis of the proration of a 
lump sum payment.  Upon subsequent applications, that household's eligibility is subject 
to all the standards established by this chapter. 
Sec. 15.  22 MRSA §4309, as amended by PL 2013, c. 368, Pt. OO, §8, is further 
amended to read: 
§4309.  Eligibility 
1.  Eligibility of applicant; duration of eligibility.  The overseer An administrator 
shall determine eligibility each time a person applies or reapplies for general assistance 
pursuant to this chapter and the ordinance rule adopted by the municipality department in 
accordance with section 4305 4323.  The period of eligibility must may not exceed one 
month.  At the expiration of that period the person may reapply for assistance and the 
person's eligibility may be redetermined. 
1-A.  Determination of eligibility; applicant's responsibilities.  Applicants for 
general assistance are responsible for providing to the overseer administrator all 
information necessary to determine eligibility.  If further information or documentation is 
necessary to demonstrate eligibility, the applicant must have the first opportunity to 
provide the specific information or documentation required by the overseer administrator.  
When information required by the overseer administrator is unavailable, the overseer 
administrator must accept alternative available information, which is subject to 
verification. 
1-B.  Determination of eligibility; administrator's responsibilities.  In order to 
determine an applicant's eligibility for general assistance, the overseer administrator first 
must seek information and documentation from the applicant.  Once the applicant has 
presented the necessary information, the overseer administrator is responsible for 
determining eligibility.  The overseer administrator may seek verification necessary to 
determine eligibility.  In order to determine eligibility, the overseer administrator may 
contact sources other than the applicant for verification only with the specific knowledge 
and consent of the applicant, except that the overseer administrator may examine public 
records without the applicant's knowledge and consent.  Assistance may be denied or 
terminated if the applicant is unwilling to supply the overseer administrator with 
necessary information, documentation, or permission to make collateral contacts, or if the 
overseer can not administrator cannot determine that eligibility exists based on 
information supplied by the applicant or others. 
2.  Redetermination of eligibility. The overseer An administrator may redetermine a 
person's eligibility at any time during the period that person is receiving assistance if the 
overseer administrator is notified of any change in the recipient's circumstances that may 
affect the amount of assistance to which the recipient is entitled or that may make the 
recipient ineligible, provided except that once a determination of eligibility has been 
made for a specific time period, a reduction in assistance for that time period may not be 
made without prior written notice to the recipient with the reasons for the action and an 
opportunity for the recipient to receive a fair hearing upon the proposed change. 
3.  Eligibility of members of person's household. Failure of an otherwise eligible 
person to comply with this chapter shall may not affect the general assistance eligibility 
of any member of the person's household who is not capable of working, including at 
least:  
A.  A dependent minor child; 
B.  An elderly, ill or disabled person; and 
C.  A person whose presence is required in order to provide care for any child under 
the age of 6 years or for any ill or disabled member of the household. 
4.  Eligibility of minors who are parents.  An otherwise eligible person under the 
age of 18 who has never married and who has a dependent child or is pregnant is eligible 
only if that person and child reside in a dwelling maintained by a parent or other adult 
relative as that parent's or relative's own home or in a foster home, maternity home or 
other adult-supervised supportive living arrangement unless: 
A.  The person has no living parent or the whereabouts of both parents are unknown; 
B.  No parent will permit the person to live in the parent's home; 
C.  The department determines that the physical or emotional health or safety of the 
person or dependent child would be jeopardized if that person and dependent child 
lived with a parent; 
D.  The individual has lived apart from both parents for a period of at least one year 
before the birth of any dependent child; or 
E.  The department determines, in accordance with rules adopted pursuant to this 
section, which must be in accordance with federal regulations, that there is good 
cause to waive this requirement. 
For the purposes of this subsection, "parent" includes legal guardian. 
Sec. 16.  22 MRSA §4310, as amended by PL 2013, c. 368, Pt. OO, §9, is further 
amended to read: 
§4310.  Emergency benefits prior to full verification 
Whenever an eligible person becomes an applicant for general assistance and states to 
the administrator that the applicant is in an emergency situation and requires immediate 
assistance to meet basic necessities, the overseer administrator shall, pending verification, 
issue to the applicant either personally or by mail, as soon as possible but in no event later 
than 24 hours after application, sufficient benefits to provide the basic necessities needed 
immediately by the applicant, as long as the following conditions are met. 
1.  Probability of eligibility for assistance after full verification. As a result of the 
initial interview with the applicant, the overseer shall have determined administrator 
determines that the applicant will probably be eligible for assistance after full verification 
is completed.  
2.  Documentation. Where When possible, the applicant shall submit to the overseer 
administrator at the time of the initial interview, adequate documentation to verify that 
there is a need for immediate assistance.  
3.  Information obtained. When adequate documentation is not available at the time 
of the initial application, the overseer administrator may contact at least one other person 
for the purpose of obtaining information to confirm the applicant's statements about his 
the applicant's need for immediate assistance.  
4.  Limitations. In no case:  
A.  May the authorization of benefits under this section exceed 30 days; and 
B.  May there be further authorization of benefits to the applicant until there has been 
full verification confirming the applicant's eligibility. 
Sec. 17.  22 MRSA §4311, as amended by PL 2013, c. 368, Pt. OO, §§10 and 11, 
is repealed. 
Sec. 18.  22 MRSA §4311-A is enacted to read: 
§4311-A.  State reimbursement to administrators; reports 
1.  Departmental responsibility.   The department is responsible for the direct cost 
of the assistance provided under this chapter.  The department may by standards adopted 
in rule pursuant to section 4323 reimburse an administrator for the cost associated with 
administering a general assistance program. 
2.  Indian tribe reimbursement.  The department shall reimburse each Indian tribe 
for the costs of a portion of the direct costs of paying benefits through its general 
assistance program if the department finds that the Indian tribe was in compliance with all 
requirements of this chapter during the fiscal year for which those benefits are sought. 
The amount of reimbursement must be calculated for each fiscal year by adding 10% of 
all general assistance granted up to the threshold amount to 100% of all general assistance 
granted above the threshold amount. 
For the purposes of this subsection, "Indian tribe" has the same meaning as in section 
411, subsection 8-A.  For purposes of this subsection, "threshold amount" means 0.0003 
of the Indian tribe’s most recent state valuation, as determined by the State Tax Assessor 
in the statement filed as provided in Title 36, section 381, relative to the year for which 
reimbursement is being issued. 
3.  Submission of reports.  Administrators shall submit to the department all reports 
as required by rule pursuant to section 4323. 
Indian tribes must submit monthly reports on forms provided by the department. 
Sec. 19.  22 MRSA §4312, as repealed and replaced by PL 1985, c. 459, Pt. B, §1, 
is repealed. 
Sec. 20.  22 MRSA §4313, as amended by PL 2007, c. 411, §1, is further amended 
to read: 
§4313.  Reimbursement to individuals relieving eligible persons; prior approval; 
emergencies 
Municipalities, as provided in section 4307, The department shall pay expenses 
necessarily incurred for providing basic necessities to eligible persons anywhere in the 
State by any person not liable for their support provided that the municipality of 
responsibility shall be notified and approve those expenses and services prior to their 
being made or delivered, except as provided in this section. 
1.  Emergency care.  In the event of an admission of an eligible person to the 
hospital, the hospital shall notify the overseer of the liable municipality department 
within 5 business days of the person's admission.  In no event may hospital services to a 
person who meets the financial eligibility guidelines adopted pursuant to section 1716 be 
billed to the patient or to a municipality. 
2.  Burial or cremation.  In the event of the death of an eligible person, the funeral 
director shall notify the overseer department prior to burial or cremation or by the end of 
business days following the funeral director's receipt of the body, whichever is earlier. 
Notwithstanding section 4305, subsection 3, paragraph C, a A decision on any application 
for assistance with burial expenses need not be rendered until the overseer administrator 
has verified that no relative or other resource is available to pay for the direct burial or 
cremation costs, but the decision must be rendered within 8 days after receiving an 
application.  The father, mother, grandfather, grandmother, children or grandchildren, by 
consanguinity, living within or owning real or tangible property within the State, are 
responsible for the burial or cremation costs of the eligible person in proportion to their 
respective abilities.  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 the department under this subsection is limited to a 
reasonable calculation of the funeral director's direct costs, less any and all contributions 
from any other source. 
Sec. 21.  22 MRSA §4314, as amended by PL 2003, c. 452, Pt. K, §§25 and 26 and 
affected by Pt. X, §2 and amended by c. 689, Pt. B, §§6 and 7, is further amended to read: 
§4314.  Cooperation in administration of general assistance 
1.  State departments.  Upon the request of any municipal official an administrator 
charged with the responsibility of administering general assistance, the Department of 
Health and Human Services and any other department of the State having information 
which that has a bearing on the eligibility of any person applying for general assistance 
shall release that information.  The information shall be is restricted to those facts 
necessary for the official administrator to make a determination of eligibility for general 
assistance. 
2.  Financial institutions.  A treasurer of any bank, federally or state-chartered credit 
union, trust company, benefit association, insurance company, safe deposit company or 
any corporation or association receiving deposits of money, except national banks, shall, 
on request in writing signed by the overseer of any municipality an administrator or its 
the administrator's agents, or by the Commissioner of Health and Human Services or the 
commissioner's agents or by the Commissioner of Defense, Veterans and Emergency 
Management or the commissioner's agents, inform that overseer administrator or the 
Department of Health and Human Services or the Department of Defense, Veterans and 
Emergency Management, Bureau of Maine Veterans' Services of the amount deposited in 
the corporation or association to the credit of the person named in the request, who is a 
charge upon the municipality administrator or the State, or who has applied for support to 
the municipality administrator or the State. 
3.  Verification of employment.  The applicant has responsibility for providing 
documentary verification of wages and benefits received during the period for which 
assistance is requested, or in the month immediately prior to the application for assistance 
when those wages and benefits are expected to be the same during the period for which 
assistance is requested.  
The overseer administrator shall give the applicant written notice that if the applicant 
does not provide the documentary verification within one week of the application, the 
employer will be contacted.  
Notwithstanding any other provision of law, every employer shall, upon written request 
of the overseer administrator, release information regarding any wages or other financial 
benefits paid to the applicant or a member of the applicant's household.  No employer 
may discharge or otherwise adversely affect an employee because of any request for 
information pursuant to this section. 
4.  Confidentiality.  Any person who seeks and obtains information under this 
section is subject to the same rules of confidentiality as the person who is caretaker of the 
information which is by law confidential. 
5.  Refusal. Any person who refuses to provide any information to an overseer 
administrator who requests it in accordance with this section shall state in writing the 
reasons for the refusal within 3 days of receiving the request. 
6.  Refusal; penalty. A person who refuses upon request to provide information 
under this section without just cause commits a civil violation for which a fine of not less 
than $25 and not more than $100 may be adjudged.  
7.  False information; penalty.  A person who intentionally or knowingly renders 
false information under this section to an administrator commits a Class E crime. 
Sec. 22.  22 MRSA §4315, as amended by PL 1993, c. 410, Pt. AAA, §9, is further 
amended to read: 
§4315.  False representation 
Whoever knowingly and willfully makes any false representation of a material fact to 
the overseer of any municipality an administrator or to the department or its agents for the 
purpose of causing that or any other person to be granted assistance by the municipality 
administrator or by the State is ineligible for assistance for a period of 120 days and is 
guilty of a Class E crime. 
A person disqualified from receiving general assistance for making a false 
representation must be provided notice and an opportunity for an appeal as provided in 
sections 4321 and 4322. 
If the fair hearing officer finds that a recipient made a false representation to the 
overseer administrator in violation of this section, that recipient is required to reimburse 
the municipality department for any assistance rendered for which that recipient was 
ineligible and is ineligible from receiving further assistance for a period of 120 days. 
Any recipient whose assistance is terminated or denied under this section has the 
right to appeal that decision pursuant to the Maine Rules of Civil Procedure, Rule 80-B. 
No A recipient who has been granted assistance, in accordance with this chapter, may 
not have that assistance terminated prior to the decision of the fair hearing officer.  In the 
event of any termination of assistance to any recipient, the dependents of that person may 
still apply for and, if eligible, receive assistance. 
Sec. 23.  22 MRSA §4315-A, as enacted by PL 1991, c. 591, Pt. OOO, §2, is 
amended to read: 
§4315-A.  Use of income for basic necessities required 
All persons requesting general assistance must use their income for basic necessities.  
Except for initial applicants, recipients are not eligible to receive assistance to replace 
income that was spent within the 30-day period prior to the application on goods and 
services that are not basic necessities.  The income not spent on goods and services that 
are basic necessities is considered available to the applicant.  A municipality An 
administrator may require recipients to utilize income and resources according to 
standards established by the municipality department rule, except that a municipality an 
administrator may not reduce assistance to a recipient who has exhausted income to 
purchase basic necessities.  Municipalities Administrators shall provide written notice to 
applicants of the standards established by the municipalities department. 
Sec. 24.  22 MRSA §4316-A, as amended by PL 1993, c. 410, Pt. AAA, §10 and 
PL 2003, c. 689, Pt. B, §6, is further amended to read: 
§4316-A.  Work requirement 
1.  Ineligibility for assistance.  An applicant is ineligible for assistance for 120 days 
in all municipalities in the State when any municipality administrator 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 an administrator 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. 
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 days after the 
applicant's separation from employment. 
2.  Department work program.  A municipality An administrator may require that 
an otherwise eligible person who is capable of working be required to perform work for 
the municipality or work for a nonprofit organization, if that organization has agreed to 
participate as an employer in the municipal department work program, as a condition of 
receiving general assistance. The municipality administrator may also require recipients, 
as a part of the municipal department work program, to participate in a training, 
educational or rehabilitative program that would assist the recipient in securing 
employment.  The municipal department work program is subject to the following 
requirements. 
A.  A person may not, as a condition of general assistance eligibility, be required to 
do any amount of work that exceeds the value of the net general assistance that the 
person would otherwise receive under municipal general assistance standards.  Any 
person performing work under this subsection must be provided with net general 
assistance, the value of which is computed at a rate of at least the State's minimum 
wage. 
B.  A person may not be required to work under this subsection for a nonprofit 
organization if that work would violate a basic religious belief of that person. 
C.  An eligible person performing work under this subsection may not replace regular 
municipal employees or regular employees of a participating nonprofit organization. 
D.  An eligible person in need of emergency assistance may not be required to 
perform work under this subsection prior to receiving general assistance.  An 
applicant who is not in need of emergency assistance may be required to satisfactorily 
fulfill a workfare requirement prior to receiving the nonemergency assistance 
conditionally granted to that applicant. 
E.  Expenses related to work performed under this subsection by an eligible person 
must be considered in determining the amount of net general assistance to be 
provided to the person. 
F.  General assistance provided by a municipality an administrator for work 
performed by an eligible person under this subsection must be: 
(1)  Included in the reimbursable net general assistance costs; and 
(2)  Itemized separately in reports to the Department of Health and Human 
Services under section 4311 4311-A. 
G.  A person may not be required to work under this subsection if that person is 
physically or mentally incapable of performing the work assigned. 
3.  Limitations of work requirement.  In no case may any work requirement or 
training or educational program under this section interfere with a person's: 
A.  Existing employment; 
B.  Ability to pursue a bona fide job offer; 
C.  Ability to attend an interview for possible employment; 
D.  Classroom participation in a primary or secondary educational program intended 
to lead to a high school diploma; or 
E.  Classroom or on-site participation in a training program that is either approved or 
determined, or both, by the Department of Labor to be reasonably expected to assist 
the individual in securing employment.  This paragraph does not include participation 
in a degree granting program, except when that program is a training program 
operated under the control of the Department of Health and Human Services or the 
Department of Labor. 
4.  Eligibility regained.  A person who has been disqualified by any municipality 
administrator for not complying with any work requirement of this section may regain 
eligibility during the 120-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 department work program may be given only one opportunity 
to regain eligibility during the 120-day disqualification period, except that if an applicant 
who regains eligibility is again disqualified for failing to comply with the municipal 
department work program within the initial period of disqualification, the applicant is 
ineligible for assistance for 120 days and does not have the opportunity to requalify 
during the 120-day period. 
5.  Just cause defined.  Just cause for failure to meet work requirements or the use of 
potential resources must be found when there is reasonable and verifiable evidence of: 
A.  Physical or mental illness or disability; 
B.  Below-minimum wages; 
C.  Sexual harassment; 
D.  Physical or mental inability to perform required job tasks; 
E.  Inability to work required hours or to meet piece work standards; 
F.  Lack of transportation to and from work or training; 
G.  Inability to arrange for necessary child care or care of an ill or disabled family 
member; 
H.  Any reason found to be good cause by the Department of Labor; and 
I.  Any other evidence that is reasonable and appropriate. 
The overseer An administrator may not require medical verification of medical conditions 
that are apparent or are of such short duration that a reasonable person would not 
ordinarily seek medical attention.  In any case in which the overseer an administrator 
requires medical verification and the applicant has no means of obtaining such 
verification, the overseer administrator shall grant assistance for the purpose of obtaining 
that verification. 
Sec. 25.  22 MRSA §4318, as amended by PL 1995, c. 462, Pt. A, §44, is further 
amended to read: 
§4318.  Recovery of expenses 
A municipality or  If the State, which has incurred incurs general assistance program 
costs for the support of any eligible person, the State may recover the full amount 
expended for that support either from the person relieved or from any person liable for 
the recipient's support, or from their executors or administrators, in a civil action. In no 
case may a municipality or the State be authorized to recover through a civil action, the 
full or part of, the amount expended for the support of a previously eligible person, if, as 
a result of the repayment of that amount, this person would, in all probability, again 
become eligible for general assistance. 
Notwithstanding any other provision of law, municipalities have a lien for the value 
of all general assistance payments made to a recipient on any lump sum payment made to 
that recipient under the former Workers' Compensation Act, the Maine Workers' 
Compensation Act of 1992 or similar law of any other state. 
The department shall enter into an agreement with the Social Security Administration 
to institute an interim assistance reimbursement for the purpose of the repayment of state 
and local funds expended for providing assistance to Supplemental Security Income 
applicants or recipients while the Supplemental Security Income payments are pending or 
suspended.  Written authorization must be given by the recipients. 
A municipality The department may not recover from any recipient who has been 
injured while performing work under section 4316-A, subsection 2, any portion of any 
medical or rehabilitative expenses associated with that injury or any portion of any other 
general assistance benefits associated with that injury. 
Nothing in this section may be construed as limiting or affecting in any way the right 
of any individual to file an action under the Maine Tort Claims Act, Title 14, chapter 741, 
except that a municipality that provides general assistance to a minor is absolutely 
immune from suit on any tort claims seeking recovery or damages by or on behalf of the 
minor recipient in connection with the provision of general assistance. 
All collections, fees and payments received by the department from the Federal 
Government as a result of an interim assistance reimbursement must be dedicated to 
support the administration of the General Assistance general assistance program. 
Sec. 26.  22 MRSA §4319, as amended by PL 1993, c. 410, Pt. AAA, §12, is 
further amended to read: 
§4319.  Liability of relatives for support 
1.  Relatives liable.  A parent of a child under 25 years of age and or a spouse living 
in or owning property in the State shall support their children the child or husband or wife 
in proportion to their the parent's or spouse's respective ability.  Liability for burial 
expenses is governed by section 4313. 
2.  Rental payments to relatives.  A municipality An administrator or the State may 
decide not to make payments for rental assistance on behalf of an otherwise eligible 
individual when the rental payments would be made to a parent, grandparent, child, 
grandchild, sibling, parent's sibling or any of their children, unless the municipality 
administrator finds that the rental arrangement has existed for 3 months prior to the 
application for assistance and is necessary to provide the relative with basic necessities. 
3.  Recovery of assistance provided.  A municipality or the The State, after 
providing general assistance to a dependent of a legally responsible parent or to a person's 
spouse who is financially capable of providing support, may then seek reimbursement or 
relief for that support by initiating a complaint to the Superior Court or District Court, 
including by small claims action, located in the division or county where the legally 
responsible parent or spouse resides.  The court may cause the legally responsible parent 
or spouse to be summoned and upon hearing or default may assess and apportion a 
reasonable sum upon those who are found to be of sufficient ability for the support of the 
eligible person and shall issue a writ of execution.  The assessment may not be made to 
pay any expense for relief provided more than 12 months before the complaint was filed.  
Any action brought under this section is governed by the Maine Rules of Civil Procedure.  
The court may, from time to time, make any further order on complaint of an interested 
party and, after notice is given, alter the assessment or apportionment. 
Sec. 27.  22 MRSA §4320, as amended by PL 1991, c. 591, Pt. OOO, §§5 and 6, is 
further amended to read: 
§4320.  Liens on real estate 
A municipality or the The State may claim a lien against the owner of real estate for 
the amount of money spent by it to provide mortgage payments on behalf of an eligible 
person under this chapter on any real estate that is the subject of a mortgage, whether land 
or buildings or a combination thereof. In addition, a municipality may claim a lien against 
the owner of real estate for the amount of money spent by it to make capital 
improvements to the real estate, whether land or buildings or a combination of land and 
buildings, on behalf of an eligible person under this chapter. 
The municipal officers, their designee or the State shall file a notice of the lien with 
the register of deeds of the county wherein the property is located within 30 days of 
making a mortgage payment or, if applicable, payment for capital improvements. That 
filing secures the municipality or State's lien interest for an amount equal to the sum of 
that mortgage or capital improvement payment and all subsequent mortgage or capital 
improvement payments made on behalf of the same eligible person. Not less than 10 days 
prior to the filing, the municipal officers, their designee or the State shall send 
notification of the proposed action by certified mail, return receipt requested, to the 
owner of the real estate and any record holder of the mortgage. The lien notification must 
clearly inform the recipient of the limitations upon enforcement contained in this section; 
it shall must also contain the title, address and telephone number of the municipal official 
administrator who granted the assistance.  A new written notice including these 
provisions must be given to the recipient each time the amount secured by the lien is 
increased. The lien is effective until enforced by an action for equitable relief or until 
discharged. 
Interest on the amount of money secured by the lien may be charged by the State or a 
municipality, but in no event may the rate exceed the maximum rate of interest allowed 
by the Treasurer of State, pursuant to Title 36, section 186. For the State, the The rate of 
interest shall must be established by the department. For a municipality, the rate of 
interest shall be established by the municipal officers. Interest shall accrue accrues from 
and including the date the lien is filed. 
The costs of securing and enforcing the lien may be recoverable upon enforcement. 
No A lien may not be enforced under this section while the person named in the lien 
is either currently receiving any form of public assistance or, as a result of enforcement, 
would become eligible for general assistance. 
In no event may the lien be enforced prior to the death of the recipient of general 
assistance or the transfer of the property. 
Sec. 28.  22 MRSA §4321, as enacted by PL 1983, c. 577, §1, is amended to read: 
§4321.  Grant, denial, reduction or termination to be communicated in writing; 
right to a hearing 
Any action relative to the grant, denial, reduction, suspension or termination of relief 
provided under this chapter must be communicated to the applicant  in writing.  The 
decision shall must include the specific reason or reasons for that action and shall inform 
the person affected of his the right to a hearing, the procedure for requesting such a 
hearing, the right to notify the department and the available means for notifying the 
department, if he the person believes that the municipality administrator has acted in 
violation of this chapter.  All proceedings relating to the grant, denial, reduction, 
suspension or termination of relief provided under this chapter are not public proceedings 
under Title 1, chapter 13, unless otherwise requested by the applicant or recipient. 
Sec. 29.  22 MRSA §4322, as corrected by RR 2009, c. 2, §60, is amended to read: 
§4322.  Right to a fair hearing 
A person aggrieved by a decision, act, failure to act or delay in action concerning that 
person's application for general assistance under this chapter has the right to an appeal.  If 
a person's application has been approved, general assistance may not be revoked during 
the period of entitlement until that person has been provided notice and an opportunity for 
hearing as provided in this section.  Within 5 working days of receiving a written decision 
or notice of denial, reduction or termination of assistance, in accordance with the 
provisions of section 4321, or within 10 working days after any other act or failure to act 
by the municipality administrator with regard to an application for assistance, the person 
may request an appeal.  A hearing must be held by the a fair hearing authority within 5 
working days following the receipt of a written request by the applicant for an appeal.  
The hearing may must be conducted by the municipal officers, a board of appeals created 
under Title 30-A, section 2691, or one or more persons appointed by the municipal 
officers to act as a fair hearing authority according to the rules pursuant to section 4323.  
An appeal may not be held before a person or body responsible for the decision, act, 
failure to act or delay in action relating to the applicant. 
The person requesting the appeal and the municipal administrator responsible for the 
decision being appealed must be afforded the right to confront and cross-examine any 
witnesses presented at the hearing, present witnesses in their behalf and be represented by 
counsel or other spokesperson.  A claimant must be advised of these rights in writing.  
The decision of such an appeal must be based solely on evidence adduced at the hearing.  
The Maine Rules of Evidence do not apply to information presented to the fair hearing 
authority.  The standard of evidence is the standard set in Title 5, section 9057, subsection 
2.  The person requesting the appeal must, within 5 working days after the appeal, be 
furnished with a written decision detailing the reasons for that decision.  When any 
decision by a fair hearing authority or court authorizing assistance is made, that assistance 
must be provided within 24 hours.  Review of any action or failure to act under this 
chapter must be conducted pursuant to the Maine Rules of Civil Procedure, Rule 80-B.  
The municipality administrator shall make a record of the fair hearing.  The 
municipality's administrator's obligation is limited to keeping a taped record of the 
proceedings.  The applicant shall pay costs for preparing any transcripts required to 
pursue an appeal of a fair hearing authority's decision. 
Sec. 30.  22 MRSA §4323, as amended by PL 2007, c. 600, §1, is repealed and the 
following enacted in its place: 
§4323.  Department of Health and Human Services responsible 
The Department of Health and Human Services is responsible for the proper 
administration of general assistance.  The department shall adopt rules to implement this 
chapter.  Rules adopted pursuant to this section are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 31.  22 MRSA §4326, as enacted by PL 2003, c. 673, Pt. DD, §1, is repealed. 
Sec. 32.  30-A MRSA §1605, sub-§8, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10 and 
by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
8.  Evaluation of need of dependents.  The welfare director or the overseers of the 
poor of the municipality in which the prisoner's dependents reside, or the Department of 
Health and Human Services, shall at the request of the court investigate and report to the 
court the amount necessary for the support of the prisoner's dependents. 
Sec. 33.  30-A MRSA §2526, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
4.  Selectmen.  The following provisions apply to selectmen and overseers. 
A.  A town may determine at a meeting held at least 90 days before the annual 
meeting whether 3, 5 or 7 will be elected to each board and their terms of office. 
(1)  Once the determination has been made, it stands until revoked at a meeting 
held at least 90 days before the annual meeting. 
(2)  If a town fails to fix the number, 3 shall must be elected.  If a town fails to fix 
the term, it is for one year. 
B.    When others have not been elected, the selectmen shall serve as overseers of the 
poor. 
C.  A selectman may also serve as a member of the board of assessors. 
D.  A town, in electing selectmen and overseers, may designate one of them as 
chairman chair of the board. 
(1)  If no person is designated as chairman chair, the board shall elect by ballot a 
chairman chair from its own membership, before assuming the duties of office.  
When no member receives a majority vote, the clerk shall determine the 
chairman chair by lot. 
E.  If the town fails to fix the compensation of these officials at its annual meeting, 
they shall be paid $10 each per day for every day actually and necessarily employed 
in the service of the town. 
Sec. 34.  30-A MRSA §2631, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
2.  Government.  The government of each town under this subchapter shall must 
consist of a town meeting, an elected board of selectmen, an elected school committee, an 
appointed town manager and any other officials and employees that may be appointed 
under this subchapter, general law or ordinance.  Other town officials may be elected by 
ballot, including, but not limited to, moderator, assessors, overseers of the poor, clerk and 
treasurer.  The election of officials at the last annual town meeting shall require requires 
that those town offices continue to be filled by election until the town designates 
otherwise. 
Sec. 35.  30-A MRSA §2652, sub-§3, ¶B, as amended by PL 2009, c. 589, §7, is 
further amended to read: 
B.   Permit for the disposition of human remains, $20, except that no fee is owed if 
the disposition of human remains is paid for through the municipal general assistance 
program under chapter 1161; and 
Sec. 36.  30-A MRSA §5052, sub-§1, ¶C, as amended by PL 1991, c. 610, §21, 
is further amended to read: 
C.    The level of general assistance by the State and the municipality, as well as the 
level of federal assistance to persons in these areas, must be considered. 
Sec. 37.  30-A MRSA §5721-A, sub-§4, as amended by PL 2013, c. 368, Pt. G, 
§1, is further amended to read: 
4.  Adjustment for new state funding.  If the State provides net new funding to a 
municipality for existing services funded in whole or in part by the property tax levy, 
other than required state mandate funds pursuant to section 5685 that do not displace 
current property tax expenditures, the municipality shall lower its property tax levy limit 
in that year in an amount equal to the net new funds.  For purposes of this subsection, 
"net new funds" means the amount of funds received by the municipality from the State 
during the most recently completed calendar year, with respect to services funded in 
whole or in part by the property tax levy, less the product of the following:  the amount of 
such funds received in the prior calendar year multiplied by one plus the growth 
limitation factor described in subsection 3.  "Net new funds" refers to state-municipal 
revenue sharing and does not include changes in state funding for general assistance 
under Title 22, section 4311 or in state funding under the Local Road Assistance Program 
under Title 23, section 1803-B if those changes are the result of the operation of the 
formula for calculation of state funding under that section but does include changes in 
funding that are the result of a statutory change in the formula for calculation of state 
funding under that section.  If the calculation required by this subsection reveals that the 
municipality received or will receive a net reduction in funding, the municipality is 
authorized to adjust its property tax levy limit in an amount equal to the net reduction of 
funds.  For the purpose of determining if there was or will be a net reduction in funding, 
the municipality may consider only those funds that are net new funds.  For purposes of 
this subsection, with respect to the development of any municipal budget that was finally 
adopted on or before July 1, 2013, "net reduction in funding" means the amount of funds 
received by the municipality from the State during the calendar year immediately 
preceding the most recently completed calendar year less the amount of such funds 
received in the most recently completed calendar year.  For the purposes of this 
subsection, with respect to the development of a municipal budget that is finally adopted 
after July 1, 2013, a municipality may calculate net reduction in funding as the amount of 
funds received by the municipality from the State during the municipal fiscal year 
immediately preceding the fiscal year for which the budget is being developed less the 
amount of such funds that will be received during the fiscal year for which the budget is 
being prepared, as reasonably calculated on the basis of all available information.  If the 
calculation required by this subsection yields a positive value, that value may be added to 
the municipality's property tax levy limit. If a municipality receives net new funds in any 
fiscal year for which its property tax levy limit has not been adjusted as provided in this 
subsection, the municipality shall adjust its property tax levy limit in the following year 
in an amount equal to the net new funds. 
Sec. 38.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 22, Subtitle 3, Part 5, in the Part headnote, the words 
"municipal support of the poor" are amended to read "support of the poor" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 39.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 22, chapter 1161, in the chapter headnote, the words 
"municipal general assistance" are amended to read "state general assistance" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 40.  Major substantive rules.  By December 31, 2015, the Department of 
Health and Human Services shall adopt rules establishing the standards and protocol 
necessary for state administration of the general assistance program pursuant to the Maine 
Revised Statutes, Title 22, chapter 1161.  Rules adopted pursuant to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A and may be adopted 
as emergency rules pursuant to Title 5, section 8054.  This section takes effect 90 days 
after adjournment of the First Regular Session of the 127th Legislature. 
Sec. 41.  Effective date.  Except as otherwise provided, this Act takes effect on 
January 1, 2016. 
SUMMARY 
This bill shifts responsibility for the full funding and administration of the general 
assistance program from municipalities to the Department of Health and Human Services.  
The bill directs the department to adopt by December 31, 2015 major substantive rules 
necessary to implement the transfer of responsibilities.  The transfer of responsibilities 
under the bill is effective January 1, 2016.