An Act To Acknowledge Potable Water as a Necessity
Maine Legislature, Session 129, LD 1121
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: CHENETTE, GRAMLICH, CARSON, BAILEY
Amends: 10 MRSA §1105, 22 MRSA §4301, 30-A MRSA §1654

Legislative Document
No. 1121
S.P. 341
In Senate, March 7, 2019
An Act To Acknowledge Potable Water as a Necessity
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHENETTE of York.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senator: CARSON of Cumberland, Representative: BAILEY of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1105, sub-§1, ¶C, as enacted by PL 2005, c. 580, §1, is 
amended to read:
C.  "Necessities" includes food for human or animal consumption; potable water; 
pharmaceutical products, including prescription medications; wearing apparel; shoes; 
building materials; gas and electricity for light, heat and power; ice; fuel of all kinds; 
and fertilizer and fertilizer ingredients; together with tools, utensils, implements, 
machinery and equipment required for the actual production or manufacture of the 
same.  "Necessities" includes any other vital or necessary good or service except 
those:
(1)  Subject to continuous maximum price regulation under the provisions of any 
state or federal law;
(2)  As to which the State's authority is preempted; or
(3)  Furnished or provided by:
(a)  Insurers; or
(b)  Nonprofit hospitals, medical service organizations or health maintenance 
organizations authorized to transact business within the State pursuant to 
Title 24 and Title 24-A.
Sec. 2.  22 MRSA §4301, sub-§1, as amended by PL 1991, c. 9, Pt. U, §1, is 
further amended to read:
1.  Basic necessities.  "Basic necessities" means food, potable water, 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 in accordance with the 
municipality's ordinance and this chapter.  "Basic necessities" do 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.
Sec. 3.  30-A MRSA §1654, as amended by PL 2015, c. 44, §6, is further amended 
to read:
§1654.  Supplies for jails; accounts audited
The county commissioners of the several counties shall, without extra charge or 
commission to themselves or to any other person, procure all necessary supplies, 
including necessary food, potable water, fuel, bedding and clothing for the jails and the 
prisoners in the jails, to be furnished and purchased under their direction and at the 
expense of the counties.  A county commissioner may not be interested directly or 
indirectly in the purchase of any such supplies or in any contract for such supplies made 
by the board of which and while the county commissioner is a member, and all contracts 
made in violation of this provision are void.  A suitable person must be employed to 
prepare the foods of the prisoners in each county at the expense of the county.  The 
service of the food to the prisoners is under the general direction of the jailer, master or 
keeper.  The sheriff shall appoint the person employed to prepare the food of the 
prisoners subject to the approval of the county commissioners.  The county 
commissioners may at any time direct specific rations or articles of food, clothing, soap, 
fuel or other necessities to be provided to the prisoners.  The bills and accounts for 
supplies furnished and the items of expense incurred in preparing and serving these 
supplies must be audited pursuant to section 951.
SUMMARY
This bill adds potable water to lists of necessities in the Maine Revised Statutes in 
laws governing profiteering in necessities, municipal general assistance and supplies for 
jails.