Maine Revised Statutes Title 22 Sec. 4305 – Municipal ordinance required
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1. Program required; ordinance. A general assistance program shall be operated by each municipality and shall be administered in accordance with an ordinance enacted, after notice and hearing, by the municipal officers of each municipality.
[PL 1983, c. 577, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4305
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- General assistance program: means a service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. See Maine Revised Statutes Title 22 Sec. 4301
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Need: means the condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance established by the municipality. See Maine Revised Statutes Title 22 Sec. 4301
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Availability of ordinance. The ordinance and a copy of this chapter must be available in the town office and be easily accessible to any member of the public. Notice to that effect must be posted. A copy of this chapter must be distributed by the department to each municipality.
[PL 1991, c. 209, §2 (AMD).]
3. Standards of eligibility. Municipalities may establish standards of eligibility, in addition to need, as provided in this chapter. Each ordinance shall establish standards which shall:
A. Govern the determination of eligibility of persons applying for relief and the amount of assistance to be provided to eligible persons; [PL 1983, c. 577, §1 (NEW).]
B. Provide that all individuals wishing to make application for relief shall have the opportunity to do so; and [PL 1983, c. 577, §1 (NEW).]
C. Provide that relief shall be furnished or denied to all eligible applicants within 24 hours of the date of submission of an application. [PL 1983, c. 577, §1 (NEW).]
[PL 1983, c. 577, §1 (NEW).]
3-A. Maximum levels of assistance. Municipalities may establish maximum levels of assistance by ordinance. The maximum levels of assistance must set reasonable and adequate standards sufficient to maintain health and decency. A maximum level of assistance established by municipal ordinance is subject to a review by the department, upon complaint, to ensure compliance with this chapter.
[PL 1993, c. 410, Pt. AAA, §2 (AMD).]
3-B. Temporary maximum levels. Notwithstanding subsection 3?A, municipalities shall establish an aggregate maximum level of assistance that is 110% of the applicable existing housing fair market rents as established by the United States Department of Housing and Urban Development pursuant to 24 C.F.R. § 888.115, applying the zero-bedroom level for one person, the one-bedroom level for 2 persons, the 2-bedroom level for 3 persons, the 3-bedroom level for 4 persons and the 4-bedroom level for 5 persons. For each additional person, the aggregate maximum level increases by $75. For the purposes of this subsection, municipalities with populations greater than 10,000 are deemed Standard Metropolitan Statistical Areas in those counties for which there are 2 fair market rent values and the aggregate maximum level of assistance for all Standard Metropolitan Statistical Areas is the average of the fair market rental values for the Standard Metropolitan Statistical Areas and areas that are not Standard Metropolitan Statistical Areas for each county in which there are 2 fair market rental values.
Beginning October 2005 and annually thereafter, the aggregate maximum level of assistance must be established at the greater of 110% of the fair market rents as determined in this subsection and the amount achieved by annually increasing the most recent aggregate maximum level of assistance by the percentage increase in the federal poverty level of the current year over the federal poverty level of the prior year.
For the purposes of this subsection, “federal poverty level” means that measure defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code § 9902(2).
[PL 2005, c. 231, §1 (AMD).]
3-C. Maximum level of assistance from July 1, 2012 to June 30, 2013. Notwithstanding subsection 3?A or 3?B, for the period from July 1, 2012 to June 30, 2013, the maximum level of assistance is 90% of the maximum level of assistance in effect on April 1, 2012.
[PL 2011, c. 655, Pt. R, §1 (NEW).]
3-D. Maximum level of assistance for fiscal years 2013-14 and 2014-15. Notwithstanding subsection 3?A or 3?B, the aggregate maximum level of assistance for fiscal years 2013-14 and 2014-15 must be set as follows:
A. The aggregate maximum level of assistance for fiscal year 2013-14 must be the amount that is the greater of:
(1) Ninety percent of 110% of the United States Department of Housing and Urban Development fair market rent for federal fiscal year 2013; and
(2) The amount achieved by increasing the maximum level of assistance for fiscal year 2012-13 by 90% of the increase in the federal poverty level from 2012 to 2013. [PL 2013, c. 368, Pt. OO, §7 (NEW).]
B. The aggregate maximum level of assistance for fiscal year 2014-15 must be the amount that is the greater of:
(1) Ninety percent of 110% of the United States Department of Housing and Urban Development fair market rent for federal fiscal year 2014; and
(2) The amount achieved by increasing the maximum level of assistance for fiscal year 2013-14 by 90% of the increase in the federal poverty level from 2013 to 2014. [PL 2013, c. 368, Pt. OO, §7 (NEW).]
For the purposes of this subsection, “federal poverty level” means that measure defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code § 9902(2). For the purposes of this subsection, fair market rent is calculated in the same manner as in subsection 3?B.
[PL 2013, c. 368, Pt. OO, §7 (NEW).]
4. Ordinance filed. Each municipality shall present a copy of the ordinance establishing eligibility standards, maximum levels of assistance, administration and appeal procedures to the Department of Health and Human Services. The ordinance filed must include all forms and notices, including the application form, notice of decision and appeal rights. Any amendment or modification of the municipal ordinance must be submitted to the department.
[PL 1993, c. 410, Pt. AAA, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
5. Review of ordinance.
[PL 1993, c. 410, Pt. AAA, §5 (RP).]
6. Assistance by vouchers or contract. Except when determined impractical by the administrator for good cause shown, assistance is provided in the form of a voucher payable to vendor or vendors or through direct municipal contract with a provider of goods or services.
[PL 1991, c. 209, §3 (NEW); PL 1991, c. 209, §4 (AFF).]
SECTION HISTORY
PL 1983, c. 577, §1 (NEW). PL 1985, c. 489, §§3,4,14 (AMD). PL 1991, c. 9, §U4 (AMD). PL 1991, c. 209, §§2,3 (AMD). PL 1991, c. 209, §4 (AFF). PL 1991, c. 622, §M23 (AMD). PL 1991, c. 780, §II1 (AMD). PL 1993, c. 410, §§AAA2-5 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 231, §1 (AMD). PL 2011, c. 655, Pt. R, §1 (AMD). PL 2013, c. 368, Pt. OO, §7 (AMD).