An Act To Amend the General Assistance Laws Governing Eligibility and Reimbursement
Maine Legislature, Session 129, LD 1403
Committee: Health and Human Services
Sponsors: BRENNAN, CHIPMAN, CRAVEN, FARNSWORTH, GRAMLICH, MADIGAN, MELARAGNO, MOONEN, PERRY, TALBOT ROSS
Amends: 22 MRSA §4309, 22 MRSA §4311

Legislative Document
No. 1403
H.P. 1018
House of Representatives, March 26, 2019
An Act To Amend the General Assistance Laws Governing 
Eligibility and Reimbursement
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: CRAVEN of Lewiston, FARNSWORTH of Portland, GRAMLICH of Old 
Orchard Beach, MADIGAN of Waterville, MELARAGNO of Auburn, MOONEN of Portland, 
PERRY of Calais, TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4309, sub-§5 is enacted to read:
5.  Presumptive eligibility.  The overseer shall presume eligibility to receive general 
assistance of a person who is provided shelter in an emergency shelter for the homeless 
located in that municipality.  At the expiration of the period of eligibility, the person's 
eligibility may be redetermined.
Sec. 2.  22 MRSA §4311, sub-§1, as amended by PL 2015, c. 267, Pt. SSSS, §1, 
is further amended to read:
1.  Departmental reimbursement.  When a municipality incurs net general 
assistance costs in any fiscal year prior to July 1, 2015 in excess of .0003 of that 
municipality's most recent state valuation relative to the state fiscal year for which 
reimbursement is being issued, as determined by the State Tax Assessor in the statement 
filed as provided in Title 36, section 381, the Department of Health and Human Services 
shall reimburse the municipality for 90% of the amount in excess of these expenditures 
when the department finds that the municipality has been in compliance with all 
requirements of this chapter.  If a municipality elects to determine need without 
consideration of funds distributed from any municipally-controlled trust fund that must 
otherwise be considered for purposes of this chapter, the department shall reimburse the 
municipality for 66 2/3% of the amount in excess of such expenditures when the 
department finds that the municipality has otherwise been in compliance with all 
requirements of this chapter.
The department shall reimburse each municipality and each Indian tribe 70% of the direct 
costs incurred by that municipality or tribe on or after July 1, 2015 for the general 
assistance program granted by that municipality or tribe.  For the purposes of this 
subsection, "Indian tribe" has the same meaning as in section 411, subsection 8-A.
Sec. 3.  22 MRSA §4311, sub-§1-D is enacted to read:
1-D.  Departmental reimbursement.  The department shall reimburse each 
municipality and Indian tribe for the costs of a portion of the direct costs incurred by that 
municipality or Indian tribe for the general assistance program granted by that 
municipality or Indian tribe if the department finds that the municipality or Indian tribe 
was in compliance with all requirements of this chapter during the fiscal year for which 
reimbursement is sought.  The department shall reimburse to each municipality and 
Indian tribe an amount equal to 70% of all general assistance granted by the municipality 
or Indian tribe below the .0003% of all state valuation amount.  When a municipality 
incurs net general assistance costs in any fiscal year in excess of .0003 of that 
municipality's most recent valuation relative to the state fiscal year for which 
reimbursement is being issued, as determined by the State Tax Assessor in the statement 
filed as provided in Title 36, section 381, the department shall reimburse the municipality 
for 90% of the amount in excess of these expenditures.  For the purposes of this 
subsection, "Indian tribe" has the same meaning as in section 411, subsection 8-A.
SUMMARY
This bill establishes presumptive eligibility for general assistance for persons who are 
provided shelter at emergency shelters for the homeless.  It also reestablishes the 90% 
reimbursement rate for municipalities that incur net general assistance costs in any fiscal 
year in excess of .0003 of that municipality's most recent state valuation, which was 
amended in Public Law 2015, chapter 267, Part SSSS.  It retains the 70% reimbursement 
rate for other municipalities and Indian tribes for costs below the .0003% of all state 
valuation amount.