An Act To Improve Housing Security by Improving Access to General Assistance
Maine Legislature, Session 130, LD 1695
Committee: Health and Human Services
Sponsors: MORALES, GRAMLICH, SYLVESTER
Amends: 22 MRSA §4301, 22 MRSA §4305, 22 MRSA §4309, 22 MRSA §4311, 22 MRSA §4311-A, 30-A MRSA §4852

Legislative Document
No. 1695
H.P. 1261
House of Representatives, May 12, 2021
An Act To Improve Housing Security by Improving Access to 
General Assistance
Received by the Clerk of the House on May 10, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Representatives: GRAMLICH of Old Orchard Beach, SYLVESTER of 
Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4301, sub-§7-A is enacted to read:
7-A.  Indian tribe.  "Indian tribe" has the same meaning as in section 411, subsection 
8-A.
Sec. 2.  22 MRSA §4305, sub-§3-E is enacted to read:
3-E.  Maximum level of assistance; housing costs.  Notwithstanding subsection 3-A, 
when the maximum level of assistance set by municipal ordinance is met or exceeded by 
housing costs alone, an eligible person remains eligible to receive general assistance for 
other basic necessities that are included in the municipal ordinance.
Sec. 3.  22 MRSA §4309, sub-§5, as enacted by PL 2019, c. 515, §3, is amended to 
read:
5.  Presumptive eligibility.  The overseer in a municipality 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.  After 30 days, that person's eligibility must 
be redetermined.  If a municipality does not have an emergency shelter or the emergency 
shelter does not have the capacity to provide shelter to a person experiencing or facing 
homelessness, the overseer shall presume eligibility to receive general assistance for 
emergency shelter and temporary housing for that person.  When presumptive eligibility is 
determined under this subsection, no other municipality may be determined to be the 
municipality of responsibility during that 30-day period.
Sec. 4.  22 MRSA §4311, sub-§1-D is enacted to read:
1-D.  Emergency shelter reimbursement.  Notwithstanding subsections 1 and 1-C, 
the department shall reimburse each municipality and Indian tribe 100% of the direct costs 
incurred for providing emergency shelter to an eligible person.  If a person is presumed 
eligible due to residing in an emergency shelter in accordance with section 4309, subsection 
and the municipality or Indian tribe has not provided general assistance to the emergency 
shelter on behalf of that person, the department shall reimburse the emergency shelter for 
100% of those direct costs of providing emergency shelter to that person.
Sec. 5.  22 MRSA §4311, sub-§1-E is enacted to read:
1-E.  Rental assistance reimbursement.  The department shall reimburse each 
municipality and Indian tribe 90% of the direct costs incurred by the municipality or Indian 
tribe for rental assistance provided pursuant to section 4311-A.
Sec. 6.  22 MRSA §4311-A is enacted to read:
§4311-A.  Rental assistance program
1.  Priority for housing vouchers.  Notwithstanding any provision of law to the 
contrary, each eligible person who is determined eligible for rental assistance for a period 
of longer than 30 days must be prioritized to receive a federal or state housing voucher, 
including, but not limited to, housing choice vouchers under Section 8 of the United States 
Housing Act of 1937 or other programs administered by the Maine State Housing Authority 
for housing individuals and families experiencing homelessness or participating in a 
housing stability program.  An eligible person receiving general assistance for rental 
assistance for a period of longer than 30 days is eligible to receive the next available 
housing voucher.
2.  Rental assistance programs; unspent general assistance funds.  At the end of 
each fiscal year, beginning with fiscal year 2021-22, any state funds appropriated or 
allocated for general assistance that are unspent must be transferred equally between:
A. The Department of Health and Human Services to: 
(1) Support the rental assistance program administered by the office of behavioral 
health for clients who have serious mental illness, including substance use disorder, 
and who are in need of transitional housing by increasing the number of vouchers 
and the amount of each voucher used by the department; and
(2) Provide housing navigation services to general assistance recipients and clients 
of the program described in this paragraph; and
B. The Maine State Housing Authority for the Housing Opportunities for Maine 
Program established under Title 30-A, section 4852.
3.  Rulemaking.  The Maine State Housing Authority and the department shall adopt 
rules to implement this section, including the prioritization of housing vouchers required 
in subsection 1.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 7.  30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, c. 
48, §§5 and 31, is amended by amending subparagraph (5) to read:
(5)  Pay the administrative costs of state public bodies or other public 
instrumentalities and private, nonprofit corporations directly associated with 
housing projects; and
Sec. 8.  30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, c. 
48, §§5 and 31, is amended by amending subparagraph (6) to read:
(6)  Otherwise make Make the costs of single-family or multi-unit residential 
housing affordable by persons of low-income.; and
Sec. 9.  30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, 
c. 48, §§5 and 31, is amended by enacting a new subparagraph (7) to read:
(7)  Establish housing navigation services to assist with locating rental housing and 
negotiating leases with landlords and to provide housing mentoring and liaison 
services to establish good landlord and tenant relationships.
SUMMARY
This bill makes the following changes to the municipal general assistance program.
1.  It provides that a person receiving housing assistance that meets or exceeds the 
maximum level in a municipal ordinance is eligible for assistance for other basic 
necessities.
2.  It extends presumed eligibility for general assistance for a person who is 
experiencing or facing homelessness but is unable to be housed in an emergency shelter 
because the shelter is full or because the municipality does not operate a shelter.
3.  It requires the Department of Health and Human Services to reimburse 
municipalities and Indian tribes for 100% of the costs of providing emergency shelter to a 
person eligible for general assistance residing in a homeless shelter.  If a municipality does 
not reimburse the emergency shelter for general assistance costs, the department is required 
to reimburse the shelter directly.
4.  It requires a person who is receiving rental assistance under the general assistance 
program for more than 30 days to be prioritized for housing vouchers administered by the 
Maine State Housing Authority.  Rules to implement this requirement are routine technical 
rules.
5.  It transfers unspent state funds for general assistance to the Department of Health 
and Human Services for rental assistance programs administered by the office of behavioral 
health and to the Maine State Housing Authority for the Housing Opportunities for Maine 
Program.