An Act To Improve General Assistance Reimbursements
Maine Legislature, Session 128, LD 1109
Committee Amendment CA_C_S410 (Senate)
Amends: 22 MRSA §4301, 22 MRSA §4308, 22 MRSA §4317, 22 MRSA §4317-A

COMMITTEE AMENDMENT "c " to S.P. 363, L.D. 1109, Bill, "An Act To 
Improve General Assistance Reimbursements" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the General Assistance Laws' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §4301, sub-§1-B is enacted to read: 
1-B. 
Available resource. 
"Available resource" means any resource that is 
immediately available or can be secured without delay to an applicant or recipient, 
including but not limited to cash on hand or in bank accounts or support from relatives. 
"Available resource" also includes any state, federal or nonprofit health or social service 
provider assistance or any housing, employment or unemployment assistance that an 
applicant is receiving or immediately eligible to receive. 
Sec. 2. 22 MRSA §4301, sub-§5-A is enacted to read: 
5-A. 
Homelessness. 
"Homelessness" means a situation in which a person or 
household has no permanent or safe housing including when a person or household is: 
A. Living in a place that is not fit for human habitation; 
B. Living in an emergency shelter; 
C. 
Living in temporary housing, including but not limited to a hotel, motel, 
campground, unlicensed campsite or rehabilitation facility; 
D. Exiting a hospital or institution licensed under chapter 405 or a correctional 
facility where the person or household resided for up to 90 days if the person or 
household was in an emergency shelter or a place not fit for human habitation before 
entering the hospital, institution or correctional facility: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"(.;" to S.P. 363, L.D. 1109 
E. Losing the person
1s or household1s primary nighttime residence and lacking the 
resources or support networks to remain in that residence; or 
F. Fleeing or attempting to flee violence and has no other residence. 
Sec. 3. 22 MRSA §4301, sub-§12-B is enacted to read: 
12-B. Potential resource. 
11Potential resource'' means any resource that may be 
available to an applicant or recipient, including, but not limited to, any state or federal 
assistance program, employment benefits, governmental or private pension programs, 
available trust funds, support from legally liable relatives, child support payments and 
jointly held resources in which the applicant's or recipient's share may be available. 
Sec. 4. 22 MRSA §4308, sub-§2, as amended by PL 1999, c. 45, §1, is further 
amended to read: 
2. Emergencies. A person, including a person experiencing or facing homelessness, 
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 er .. 4317 or 4317-A is ineligible for emergency assistance under 
this subsection. 
B. Municipalities may by standards adopted in municipal ordinances 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 may provide emergency assistance when the municipality determines that 
an emergency is imminent and that failure to provide assistance may result in undue 
hardship and unnecessary costs. 
Sec. 5. 22 MRSA §4317, first ,r, 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 
assistanee program, employment benefits, governmental or priYate pension programs, 
available trust funds, support from lsgally liabls relativss, ohlld support paymsnts and 
jointly held resources where the applicant or recipient share may be available to the 
indlvidual. 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. 6. 22 MRSA §4317, 3rd ,r, as amended by PL 1993, c. 410, Pt. AAA, §11, is 
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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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "C "to S.P. 363, L.D. 1109 
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. 7. 22 MRSA §4317-A is enacted to read: 
§4317-A. Use of available resources 
1. 
Abandonment and refusal to use available resource. 
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 
days from the date the applicant abandoned or refused to use the resource. A resource 
is considered abandoned if the applicant without just cause voluntarily terminates receipt 
of an available resource. It is the responsibility of the applicant to establish the presence 
of just cause. 
2. Forfeiture of benefits. An applicant who forfeits receipt of or causes reduction in 
benefits from an available resource because of fraud, misrepresentation, a knowing or 
intentional violation of a rule governing an available resource or a refusal to comply with 
a rule governing an available resource without just cause is not eligible to receive general 
assistance to replace the forfeited benefits for the duration of a sanction imposed on the 
applicant for any of these actions or 120 days, whichever is greater. It is the responsibility 
of the applicant to establish the presence of just cause. 
3. Just cause. For the purposes of this section, just cause must be found when there 
is reasonable and verifiable evidence of: 
A. An unreasonable requirement placed on the applicant or applicant
1s family by the 
provider of the available resource that interferes with any right secured by the United 
States Constitution or secured by the Constitution of Maine; 
B. Discrimination on the basis of religion, ethnicity, age, race, color, gender, sexual 
orientation, national origin or disability; 
C. The use of the available resource jeopardizing the health or safety of an applicant 
or applicant's family; 
D. A natural disaster that makes the available resource uninhabitable or unavailable; 
E. Abandonment of emergency shelter housing in order to obtain permanent housing; 
F. 
Inability to access available resources due to a lack of public or private 
transportation or medical illness or injury; 
G. Just cause as defined in section 4316-A, subsection 5; or 
H. Any other condition under which the applicant's actions may be determined 
reasonable and appropriate. 
Failure of an otherwise eligible person to comply with this section may not affect the 
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general assistance eligibility of any member of the person's household.' 
SUMMARY 
This amendment replaces the bill and incorporates the majority report, which defines 
"homelessness" and establishes homelessness as an emergency for the purposes of being 
COMMITTEE AMENDMENT 
CO:M:MITTEE AMENDMENT 'G" to S.P. 363, L.D. 1109 
granted emergency general assistance, as long as the person or household is not otherwise 
ineligible or disqualified from receiving general assistance. The amendment also makes 
an applicant for general assistance who voluntarily abandons or refuses to use an 
available resource without just cause ineligible to receive general assistance to replace the 
abandoned or refused resource for a period of 120 days from the date the applicant 
abandons or refuses the resource. It defines "available resource" as a resource that is 
immediately available or can be secured without delay. It also makes an applicant who 
forfeits an available resource due to fraud, misrepresentation or intentional violation of or 
refusal to comply with rules without just cause ineligible to receive general assistance to 
replace the forfeited resource for the duration of a sanction imposed on the applicant for 
any of these actions or 120 days, whichever is greater. The amendment also identifies 
circumstances relating to use of an available resource under which just cause must be 
found. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
1:?iscal Detail and Notes 
Approved: 02/28/18 feac 
~u; 
LD 1109 
LR 1843(05) 
An Act To Improve General Assistance Reimbursements 
Fiscal Note for Bill as Amended by Committee Amendment C," l S-4 / 6) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential Cllffent biennium cost increase - General Fund 
Potential current biennium savings - General Fund 
This bill defines homelessness and establishes it as an emergency for the purposes of being granted General 
Assistance (GA), assuming appgcant is not otherwise ineligible or disqualtfied from receiving GA. By being deemed 
an emergency, municipalities would be allowed to go over the nonnal monthly cap on housing expenditures in GA. 
This will potentially increase assistance payments made by municipalities and increase amounts reimbursed to 
municipalities by the Depaiiment of Health and Human Services. A more precise estimate of the fiscal impact is not 
possible because recipient data related to number of months on assistance, amounts paid to each recipient, number of 
recipients who return and the frequency of emergency status resides at the municipal level and varies over time. 
Additionally, this bill makes an applicant for general assistance who voluntarily abandons or refuses to use an 
available resource without just cause ineligible to receive general assistai1ce to replace the abandoned or refused 
resource for a period of 120 days. This will potentially reduce assistance payments made by municipalities and reduce 
amounts reimbursed to municipalities by the Department of Health and Human Services. The potential savings to the 
department is not expected to be significant because the frequency of refusing or abandoning resources is expected to 
be very small, the municipalities abilty to identify abandoned or refused resources is unknown and recipients typically 
do not stay in the program, having to reapply each month they seek help. A more precise estimate of the fiscal impact 
is not possible because recipient data related to number of months on assistance, amounts paid to each recipient, 
number of recipients who return and the frequency of refusal of resources resides at the municipal level and varies 
over time. 
LR1843(05) - Fiscal Note - Page 1 of 1