An Act to Expedite the Process Involving Municipalities That
Maine Legislature, Session 132, LD 1178
Committee: Health and Human Services
Sponsors: SALISBURY
Amends: 22 MRSA §4307

Legislative Document
No. 1178
H.P. 783
House of Representatives, March 20, 2025
An Act to Expedite the Process Involving Municipalities That 
Illegally Move a Person to Avoid Responsibility for General 
Assistance Support
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SALISBURY of Westbrook.
Cosponsored by Representatives: CLOUTIER of Lewiston, MOONEN of Portland, ROEDER 
of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4307, sub-§5, as corrected by RR 2009, c. 2, §59, is amended 
to read:
5.  Disputes between municipalities.  Nothing in this This section may not permit a 
municipality to deny assistance to an otherwise eligible applicant when there is any dispute 
regarding residency.  In cases of dispute regarding which municipality is the municipality 
of responsibility, the municipality where the application has been filed shall provide 
support until responsibility has been determined by the department.  The municipality filing 
the dispute must be reimbursed for the general assistance for the person who was moved 
within 10 days of filing.  The department shall make a written determination within 30 15 
working days of a complaint or notification of a dispute.  The department's decision must 
include the sources of information relied upon, findings of fact and conclusions of law 
regarding which municipality is responsible and the reimbursement due, if any, from the 
responsible municipality to the municipality providing assistance.  The department shall 
immediately notify both municipalities in dispute after the department's decision is made. 
If after 30 within 15 days after notice by the department the reimbursement has not been 
paid, the municipality to which reimbursement is due shall notify the department,  the 
department shall credit the municipality owed the reimbursement and either deduct that 
amount from the debtor municipality or and refer the bill to the Treasurer of State for 
payment from any taxes, revenue, fines or fees due from the State to the municipality.  A 
reimbursement amount outstanding after 15 days accrues interest at a rate of 6% per annum 
on the amount owed by the debtor municipality until the amount is fully paid. A 
municipality found in violation of subsection 1 more than once within a 12-month period 
is subject to a penalty of up to $10,000, enforceable by the Attorney General, and must 
undergo a compliance audit by the department, the expense of which must be paid by the 
municipality.
Sec. 2.  22 MRSA §4307, sub-§5-A is enacted to read:
5-A.  Rebuttable presumption.  If a person is moved from one municipality to another 
in apparent violation of this section, there is a rebuttable presumption that the municipality 
that moved the person is in violation of this section.
Sec. 3.  22 MRSA §4307, sub-§6, as enacted by PL 1987, c. 349, Pt. H, §15, is 
amended to read:
6.  Appeals.  Any municipality or person who is aggrieved by any decision or action 
made by the department pursuant to this section shall have has the right to appeal pursuant 
to the Maine Administrative Procedure Act, Title 5, chapter 375.  A request for that appeal 
shall must be in writing and shall must be made within 30 days of the written department 
decision. The appeal shall must be held within 30 15 days of receipt of that request and 
shall must be conducted by one or more fair hearing officers.  In no event may an An appeal 
may not be held before a person or body responsible for the decision or action.  Review of 
any decision under this subsection shall must be pursuant to the Maine Rules of Civil 
Procedure, Rule 80C.
Sec. 4.  22 MRSA §4307, sub-§7 is enacted to read:
7.  Report.  Beginning January 1, 2026, the department shall publish an annual report 
listing all municipalities found in violation of this section for the preceding year, the 
number of violations, amounts reimbursed and enforcement actions taken under this 
section. The department shall make the report publicly available and submit the report to 
the joint standing committee of the Legislature having jurisdiction over municipal matters.
SUMMARY
This bill decreases from 30 to 15 working days the period for the Department of Health 
and Human Services to determine if a municipality has illegally moved an individual to 
avoid responsibility for general assistance support.  The bill reduces the appeals period 
from 30 to 15 days after the determination is made.  The bill also provides for interest on 
unreimbursed amounts to be paid by the offending municipality and a penalty of up to 
$10,000 for a repeat violation within a 12-month period and creates the rebuttable 
presumption that if a municipality moves a person to another municipality, the municipality 
did so to avoid paying general assistance to that person.