Maine LD 1036: An Act To Prioritize Use of Available Resources in General Assistance Programs

LD 1036 (subjects: GENERAL ASSISTANCE , ELIGIBILITY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1036&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Sen. Eric Brakey of Androscoggin: (R – District 20) — e-mail | Twitter | Facebook

6 Cosponsors:

Actions

Chamber

Action
3/24/2015 Senate Committee on HEALTH AND HUMAN SERVICES
suggested and ordered printed
On motion by Senator Brakey of Androscoggin REFERRED to the Committee on HEALTH AND HUMAN SERVICES
Ordered sent down forthwith for concurrence.
3/24/2015 House Bill REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
In concurrence. ORDERED SENT FORTHWITH.
6/5/2015 Senate Reports READ.
Senator BRAKEY of Androscoggin moved to ACCEPT the Minority Ought to Pass as Amended Report.
On further motion by same Senator, TABLED until Later in Today’s Session, pending his motion to ACCEPT the Minority Ought to Pass as Amended Report.
Unfinished Business
6/8/2015 Senate Unfinished Business
6/9/2015 Senate Unfinished Business
6/10/2015 Senate Unfinished Business
6/11/2015 Senate Unfinished Business
6/12/2015 Senate Unfinished Business
6/15/2015 Senate Unfinished Business
6/17/2015 Senate Unfinished Business
6/17/2015 Senate Unfinished Business
6/18/2015 Senate Taken from the table by the President ProTem
On motion by Senator BRAKEY of Androscoggin The Minority Ought to Pass As Amended Report ACCEPTED
Roll Call Ordered Roll Call # 300 26 Yeas – 8 Nays- 1 Excused – 0 Absent PREVAILED
READ ONCE
Committee Amendment “A” (S-194) READ and ADOPTED
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment “A” (S-194)
Ordered sent down forthwith for concurrence.
6/19/2015 House On motion of Representative GATTINE of Westbrook TABLED pending ACCEPTANCE of Either Report.

Later today assigned.
6/19/2015 House Unfinished Business
6/22/2015 House Speaker laid before the House
On motion of Representative GATTINE of Westbrook, the Majority Ought Not to Pass Report was ACCEPTED.
ROLL CALL NO. 371
(Yeas 73 – Nays 72 – Absent 6 – Excused 0)
In NON-CONCURRENCE and sent for concurrence.
ORDERED SENT FORTHWITH.
6/23/2015 Senate On motion by Senator BRAKEY of Androscoggin, the Senate INSISTED to ACCEPTANCE of the Minority OUGHT TO PASS AS AMENDED Report AND PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-194) , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/23/2015 House The House INSISTED on ACCEPTANCE of the Majority Ought Not to Pass Report.
ORDERED SENT FORTHWITH.
Placed in the Legislative Files. (DEAD)

Bill Text

.

An Act To Prioritize Use of Available Resources in General Assistance Programs

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA 4301, sub- 12-B is enacted to read:

12-B. Potential resource. “Potential resource” means any resource that may be available, 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 or recipient share may be available to the individual.

Sec. 2. 22 MRSA 4317, first , 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 assistance program, employment benefits, governmental or private pension programs, available trust funds, support from legally liable relatives, child-support payments and jointly held resources where the applicant or recipient share may be available to the individual. 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. 3. 22 MRSA 4317, 3rd , as amended by PL 1993, c. 410, Pt. AAA, 11, is 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 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. 4. 22 MRSA 4317-A is enacted to read:

4317-A. Use of available resources

1. Definition. For the purposes of this section, “available resource” means any resource that is immediately available or can be secured without delay, including but not limited to cash on hand or in bank accounts, support from relatives, 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.
2. 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 120 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.
3. Forfeiture of benefits. An applicant who forfeits receipt of or causes reduction in benefits from an available resource because of fraud, misrepresentation or 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 violation of a rule governing an available resource or 120 days, whichever is greater. It is the responsibility of the applicant to establish the presence of just cause.
4. 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’s 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 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 evidence that is reasonable and appropriate.

Failure of an otherwise eligible person to comply with this section may not affect the general assistance eligibility of any member of the person’s household.

summary

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 assistance to replace the abandoned resource for a period of 120 days from the date the applicant abandons the resource. The bill defines “available resource” as a resource that is immediately available or can be secured without delay. The bill also makes an applicant who forfeits an available resource due to fraud, misrepresentation or intentional violation or refusal to comply with rules without just cause ineligible to receive general assistance to replace the forfeited resource for the duration of the sanction imposed on the applicant for violation of a rule or 120 days, whichever is greater. The bill identifies circumstances relating to use of an available resource under which just cause must be found.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 1036 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

Be the first to comment on "Maine LD 1036: An Act To Prioritize Use of Available Resources in General Assistance Programs"

Leave a comment

Democracy thrives on participation; please share your thoughts!
Your email address will not be published. Required fields are marked *

Your email address will not be published.


*