An Act To Allow Random Drug Testing for Recipients of Certain Public Benefits
Maine Legislature, Session 126, LD 0678
Committee: Health and Human Services
Sponsors: BEAUDOIN, PARRY, CUSHING, BENNETT, CHASE, DUNPHY, GILLWAY, LIBBY, PETERSON, SIROCKI, HAMPER
Amends: 22 MRSA §3174-W, 22 MRSA §3762, 22 MRSA §4327

Legislative Document 
No. 678 
H.P. 470 
House of Representatives, February 26, 2013 
An Act To Allow Random Drug Testing for Recipients of Certain 
Public Benefits 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAUDOIN of Biddeford. 
Cosponsored by Representative PARRY of Arundel, Senator CUSHING of Penobscot and 
Representatives: BENNETT of Kennebunk, CHASE of Wells, DUNPHY of Embden, 
GILLWAY of Searsport, LIBBY of Waterboro, PETERSON of Rumford, SIROCKI of 
Scarborough, Senator: HAMPER of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3174-WW is enacted to read: 
§3174-WW.  Suspension of benefits for illegal drug use 
The department may administer a drug test to a recipient of benefits under this 
chapter.  The department shall suspend all benefits under this chapter to a person who 
tests positive for use of an illegal drug until that person no longer tests positive for use of 
an illegal drug.  The department shall adopt routine technical rules, as defined in Title 5, 
chapter 375, subchapter 2-A, to implement the provisions of this section, including 
random drug testing procedures for recipients of benefits under this chapter and the 
suspension and reestablishment of such benefits based on the results of the drug testing. 
Sec. 2.  22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
repealed. 
Sec. 3.  22 MRSA §3762, sub-§21 is enacted to read: 
21.  Suspension of assistance based on positive drug test.  The department may 
administer a drug test to a recipient of TANF assistance.  The department shall suspend 
TANF assistance to a person who tests positive for use of an illegal drug until that person 
no longer tests positive for use of an illegal drug.  The department shall adopt routine 
technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the 
provisions of this subsection, including random drug testing procedures for recipients of 
TANF assistance and the suspension and reestablishment of TANF assistance based on 
the results of the drug testing. 
Sec. 4.  22 MRSA §4327 is enacted to read: 
§4327.  Suspension of general assistance for illegal drug use 
A municipality may administer a drug test to a recipient of general assistance.  The 
municipality shall suspend general assistance to a person who tests positive for use of an 
illegal drug until that person no longer tests positive for use of an illegal drug.  The 
municipality shall adopt an ordinance pursuant to section 4305 to implement the 
provisions of this section, including random drug testing procedures for recipients of 
general assistance and the suspension and reestablishment of general assistance based on 
the results of the drug testing. 
SUMMARY 
Current law allows the drug testing of a person receiving Temporary Assistance for 
Needy Families, or TANF, program benefits if the person has been convicted of a drug-
related felony within the past 20 years.  If the drug test is positive for illegal drugs, a 2nd 
test may be requested by the person and the suspension of TANF program benefits may 
be avoided if the person enrolls in a substance abuse treatment program. 
This bill repeals that law and instead allows the random drug testing of a person 
receiving MaineCare benefits, TANF program benefits or general assistance and requires 
the suspension of those benefits if the person tests positive for use of an illegal drug.  The 
benefits may resume once the person does not test positive for use of an illegal drug.