An Act To Establish a 180-day Residency Requirement for Welfare Benefits
Maine Legislature, Session 127, LD 1037
Committee: Health and Human Services
Sponsors: BRAKEY, CUSHING, MASON, THIBODEAU, WILLETTE, HEAD, MALABY, SANDERSON, VACHON
Amends: 22 MRSA §3104, 22 MRSA §3104-A, 22 MRSA §3173, 22 MRSA §3763, 22 MRSA §4307

Legislative Document 
No. 1037 
S.P. 363 
In Senate, March 24, 2015 
An Act To Establish a 180-day Residency Requirement for Welfare 
Benefits 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BRAKEY of Androscoggin. 
Cosponsored by Senators: CUSHING of Penobscot, MASON of Androscoggin, President 
THIBODEAU of Waldo, WILLETTE of Aroostook, Representatives: HEAD of Bethel, 
MALABY of Hancock, SANDERSON of Chelsea, VACHON of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3104, sub-§8-A is enacted to read: 
8-A.  Residency requirement.  An applicant for assistance under the statewide food 
supplement program must prove to the department that the applicant has been physically 
present for 180 days or longer in the State prior to applying for the statewide food 
supplement program.  Acceptable forms of proof of residency must include the 
applicant's name and the address of the applicant's residence or domicile.  A post office 
box or mail drop address is not sufficient.  Acceptable proof of residency includes, but is 
not limited to: 
A.  A tax return, W-2 form or paycheck stub; 
B.  A utility bill or a letter from a utility company showing application for service; 
C.  A contract to which the applicant is a party; or 
D.  A document issued by a governmental entity. 
Sec. 2.  22 MRSA §3104-A, sub-§3, as amended by PL 2009, c. 291, §3, is 
further amended to read: 
3.  Administration.  The department shall provide assistance under this section to 
eligible households on a monthly basis through an electronic benefit transfer system.  For 
the purpose of this subsection, "eligible household" means a household that has been 
physically present for 180 days or longer in the State prior to applying for the statewide 
food supplement program.  Acceptable forms of proof of residency must include the 
applicant's name and the address of the applicant's residence or domicile.  A post office 
box or mail drop address is not sufficient.  Acceptable proof of residency includes, but is 
not limited to: 
A.  A tax return, W-2 form or paycheck stub; 
B.  A utility bill or a letter from a utility company showing application for service; 
C.  A contract to which the applicant is a party; or 
D.  A document issued by a governmental entity. 
Sec. 3.  22 MRSA §3173, 8th ¶, as repealed and replaced by PL 1979, c. 127, 
§144, is amended to read: 
No A time standard established by this section shall may not be used as a waiting 
period before granting aid, or as a basis for denial of an application or for terminating 
assistance. 
Sec. 4.  22 MRSA §3173, as amended by PL 1997, c. 676, §1 and PL 2003, c. 689, 
Pt. B, §6, is further amended by adding at the end a new paragraph to read: 
An applicant for assistance under the MaineCare program must prove to the 
department that the applicant has been physically present for 180 days or longer in the 
State prior to applying for MaineCare.  Acceptable forms of proof of residency must 
include the applicant's name and the address of the applicant's residence or domicile.  A 
post office box or mail drop address is not sufficient.  Acceptable proof of residency 
includes, but is not limited to, a tax return, W-2 form or paycheck stub; a utility bill or a 
letter from a utility company showing application for service; a contract to which the 
applicant is a party; or a document issued by a governmental entity. 
Sec. 5.  22 MRSA §3763, sub-§11 is enacted to read: 
11.  Residency requirement.  An applicant for assistance under TANF must prove to 
the department that the applicant has been physically present for 180 days or longer in the 
State prior to applying for TANF.  Acceptable forms of proof of residency must include 
the applicant's name and the address of the applicant's residence or domicile.  A post 
office box or mail drop address is not sufficient.  Acceptable proof of residency includes, 
but is not limited to: 
A.  A tax return, W-2 form or paycheck stub; 
B.  A utility bill or a letter from a utility company showing application for service; 
C.  A contract to which the applicant is a party; or 
D.  A document issued by a governmental entity. 
Sec. 6.  22 MRSA §4307, sub-§2, ¶A, as enacted by PL 1987, c. 349, Pt. H, §15, 
is amended to read: 
A.  A resident of the municipality.  For the purposes of this section, a "resident" 
means a person who is has been physically present for 180 days or longer in a 
municipality with the intention of remaining in that municipality to maintain or 
establish a home and who has no other residence; and. 
Sec. 7.  22 MRSA §4307, sub-§2, ¶B, as enacted by PL 1987, c. 349, Pt. H, §15, 
is repealed. 
Sec. 8.  22 MRSA §4307, sub-§3, as repealed and replaced by PL 1987, c. 349, 
Pt. H, §15, is repealed. 
SUMMARY 
This bill establishes a 180-day residency requirement for applicants for the 
MaineCare program, the statewide food supplement program, the Temporary Assistance 
for Needy Families program and municipal general assistance.