An Act To Increase Integrity in the Temporary Assistance for Needy Families Program through Restriction of Expenditures
Maine Legislature, Session 126, LD 1822
Committee Amendment CA_A-HA_C_H805 (House)
Amends: 22 MRSA §23, 22 MRSA §3762, 22 MRSA §3763, 22 MRSA §3785-A, 22 MRSA §3788

HOUSE AMENDMENT "t!-" to COMMITTEE AMENDMENT "A" to H.P. 1312, 
L.D. 1822, Bill, "An Act To Increase Integrity in the Temporary Assistance for Needy 
Families Program through Restriction of Expenditures" 
Amend the amendment by striking out all of sections 1 to 5 and inserting the 
following: 
'Sec. 1. 22 MRSA §23, sub-§1, ,s, as corrected by RR 2011, c. 2, §23, is 
amended to read: 
B. A gambling facility, as defined in Title 8, section 1001, subsection 16, except that 
use of the electronic benefits transfer system is permitted in any portion of the 
premises of a gambling facility that is set aside separately for the sale primarily of 
staple foods as defined in 7 United States Code, Section 2012(r); 6f 
Sec. 2. 22 MRSA §23, sub-§1, ~C, as enacted by PL 2011, c. 687, §4, is 
amended to read: 
C. 
A retail establishment that provides adult-oriented entertainment in which 
performers disrobe or perform in an unclothed state for entertainment7~ 
Sec. 3. 22 MRSA §23, sub-§1, ~D is enacted to read: 
D. A tobacco specialty store, as defined in section 1541, subsection 7. 
Sec. 4. 22 MRSA §3762, sub-§4, as enacted by PL 1997, c. 530, Pt. A, § 16, is 
amended to read: 
4. Promoting support by both parents. The department shall enforce laws and 
establish policies to ensure that both parents contribute to the economic support of their 
child or children and to promote every child's right to economic support from both 
parents. 
Applicants for and recipients of assistance may refuse to cooperate in the 
establishment of paternity or child support enforcement for good cause related to 
domestic violence, including situations when cooperation may result in halm to the parent 
or child, or when the child was conceived as a result of incest or rape. 
Evideflee 
sUpportiflg a good eause detenniflatiofl ifle1udes, but is flat limited to, the evideflee 
speeified ifl seetiofl 3785, subseetiofl 13. The department shall notify all applicants and 
recipients orally and in writing of the availability of this determination. 
When a 
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HOUSE AMENDMENT '&to COMMITTEE AMENDMENT "A" to H.P. 1312, L.D. 1822 
determination of good cause is made by the department, the department may not impose 
sanctions or penalties against the applicant or recipient or engage in any other activity 
that could subject any member of the family to harm. 
Sec. 5. 22 MRSA §3762, sub-§10, as enacted by PL 1997, c. 530, Pt. A, §16, is 
repealed. 
Sec. 6. 22 MRSA §3762, sub-§21 is enacted to read: 
21. Work search requirement. Before TANF assistance may be granted to an 
applicant by the department, the applicant, if job ready as determined by the department, 
must apply in writing for 3 separate advertised jobs and produce verifiable documentation 
to the department of the applications. To satisfy this work search requirement, the job 
applications may be submitted at any time from one week prior to the date of the 
application to the department for T ANF assistance to 2 weeks following that date. 
Sec. 7. 22 MRSA §3763, sub-§I-A, as enacted by PL 2011, c. 380, Pt. PP, §4, is 
amended to read: 
I-A. Partial and full termination of benefits. Benefits under this chapter must be 
terminated by the department under the provisions of subsection 1 and sections 3785 and 
section 3785-A as follows: 
A. For a first failure to meet the conditions of a family contract, termination of 
benefits applies to the adult recipient; and 
B. For a first failure to meet the conditions of a family contract for which termination 
of benefits under paragraph A lasts for longer than 90 days and for a 2nd and 
subsequent violation, termination of benefits applies to the adult recipient and the full 
family unit;-and~ 
C. Prior to the implementation of a full family unit sanction, the department shall 
offer the adult recipient an opportunity to claim good cause for noncompliance as 
described in section 3785. 
Benefits that have been terminated under this subsection must be restored once the adult 
recipient signs a new contract under subsection 1 and complies with the provisions of the 
family contract. 
Sec. 8. 22 MRSA §3763, sub-§§l1 to 13 are enacted to read: 
11. Domestic violence. The department shall provide all applicants for assistance 
under this chapter with information both orally and in writing of the availability of 
services for victims of domestic violence. 
12. Prohibited expenditures. Benefits under this chapter may not be expended on 
the following: 
A. Tobacco products, as defined in Title 22, section 1551, subsection 3; 
B. Imitation liquor and liquor, as defined in Title 28-A. section 2, subsections 13 and 
16, respectively; 
C. Gambling activity, as defined in Title 8, section 1001, subsection 15; 
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D. Lotteries conducted by the State pursuant to Title 8, chapter 14-A or the Tri-State 
Lotto Commission pursuant to Title 8, chapter 16; or 
E. Bai I, as defined in Title 15, section 1003, subsection 1. 
13. Restriction on use of electronic benefits transfer system outside State. A 
recipient of benefits under this chapter may not use the electronic benefits transfer system 
established in section 22 outside of this State. 
Sec. 9. 22 MRS A §3785, as amended by PL 1997, c. 530, Pt. A, §§20 to 24, is 
repealed. 
Sec. 10. 22 MRSA §3785-A, sub-§I, ,B, as enacted by PL 2001, c. 335, §1, is 
amended to read: 
B. Provide the individual with a notice that stat,es the basis for the sanction aOO-a 
Gomnlflte li"t Of!>HOA Gause rea"on" as "et forth in flection 17~S; and 
Sec. 11. 22 MRSA §3785-A, sub-§l, ,C, as enacted by PL 2001, c. 335, §1, is 
repealed. 
Sec. 12. 22 MRS A §3788, sub-§I-A, as enacted by PL 1997, c. 530, Pt. A, §26, 
is repealed. 
Sec. 13. 22 MRSA §3788, sub-§3, as amended by PL 2013, c. 376, §l, is further 
amended to read: 
3. Assessment. Each participant's case manager shall conduct an initial assessment 
to determine that individual's education, training and employment needs based on 
available program resources, the participant's skills and aptitudes, the participant's need 
for supportive services, local employment opportunities, the eJcistenee of any good eause 
eireumstanees under seetion 3785 and, to the maximum extent possible, the preferences 
of the participant. The department shall document findings in the participant's case 
record indicating any barriers to participation, including, but not limited to, any physical 
or mental health problems, including learning disabilities or cognitive impairments,--er 
other good eause eireumstanees speeified in seetion 3785. 
Sec. 14. 22 MRS A §3788, sub-§3-A, as enacted by PL 2013, c. 376, §2, is 
amended to read: 
3-A. Comprehensive screening and assessment. If upon an initial screening or at a 
later date it is determined that a participant has physical or mental health impairments, 
learning disabilities, cognitive impairments or limitations related to providing care for a 
household member with a disability or serious illness or a child with a serious behavioral 
condition, the participant must be offered the opportunity for a comprehensive assessment 
that may result in referral for alternative services, supports and income benefits. If the 
participant chooses to have a comprehensive assessment, the participant must be referred 
to a qualified professional to identify the strengths and needs of and barriers faced by that 
participant. The participant's case manager shall ensure that any accommodation or 
support services necessary for the participant to participate in the assessment are made 
available to the participant. 
The participant may supplement this assessment with 
medical records or any other credible information related to the participant's ability to 
participate in program activities. 
An assessment under this subsection may also be 
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initiated at the choice of the participant at any time. The individual performing this 
assessment shall recommend to the case manager any services, supports and programs 
needed to improve the economic self-sufficiency and well-being of the participant and the 
participant's family based on the assessment. 
In coordination with the participant, the case manager shall establish a plan for the 
participant and the participant's family based on the assessment that includes appropriate 
services, supports and programs consistent with the findings and recommendations of the 
assessment that may include: 
A. Referral to a community agency qualified to assist the participant with services, 
supports, education, training and accommodations needed to reduce or overcome any 
barriers to achieving self-sufficiency and to fulfill the participant's personal and 
family responsibilities; and 
B. Assistance needed by the participant to obtain federal social security disability 
insurance benefits or federal supplemental security income benefits. 
This subsection does not preclude a determination that the participant is temporarily 
unable to participate, including participation in any assessment pursuant to this 
subsection, due to good cause as described in section 3785. Any determination made 
under this subsection may be appealed in accordance with section 3762, subsection 9. 
A participant who chooses to participate in a comprehensive assessment under this 
subsection and fails to participate without good cause may be sanctioned in accordance 
with section 3763, subsection I-A, paragraph A regardless of any previous sanctions that 
the participant may have incurred. 
The department shall provide training for case managers regarding their job 
responsibilities and their obligation to comply with the requirements of the federal 
Americans with Disabilities Act of 1990; the federal Rehabilitation Act of 1973; and the 
Maine Human Rights Act when interviewing and providing information to participants, 
when referring participants for alternative services or when considering whether the 
participant requires reasonable accommodations in order to participate in the ASPlRE-
T ANF program. 
Sec. 15. 22 MRSA §3788, sub-§10, ~C, as amended by PL 2005, c. 480, §I, is 
repealed and the following enacted in its place: 
C. For individuals who are satisfactorily participating in an education or training 
program, the department must determine the acceptability of the activity for purposes 
of meeting the participation requirements of this chapter using the same criteria as are 
used for any individual in the ASPIRE-T ANF program. 
Sec. 16. 22 MRS A §3788, sub-§l1, ~B, as amended by PL 1997, c. 530, Pt. A, 
§26, is further amended to read: 
B. 
ASPIRE-TANF participants who are attending school or are involved in an 
equivalent educational program recognized by the Department of Education or a local 
school board are considered to be in the education, training or treatment component 
and their participation is not limited to 24 months. The department shall encourage 
recipients younger than 20 years of age who have not completed high school to attend 
traditional high school. 
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HOUSE AMENDMENT "Cr to COMMITTEE AMENDMENT "A" to H.P. 1312, L.D. 1822 
Sec. 17. 22 MRS A §3788, sub-§l1, ~D, as enacted by PL 2001, c. 335, §3, is 
amended to read: 
D. 
If a claim of disability or other good cause is made by a participant, the 
department shall assess the circumstances of the claim. If good cause disability is 
found to exist, the department shall offer reasonable alternative participation 
requirements if and to the extent required by federal law, and document them in the 
participant's family contract and case record.' 
SUMMARY 
Like the bill, this amendment prohibits benefits provided under the Temporary 
Assistance for Needy Families program from being expended on tobacco, imitation 
liquor, liquor, gambling, lotteries or bail. It eliminates the requirement established in 
Committee Amendment "A" that the Department of Health and Human Services develop 
an education program for recipients of benefits under the Temporary Assistance for 
Needy Families program that emphasizes that those benefits are to be used for supporting 
dependent children and are not to be used to pay for tobacco products, liquor products, 
gambling activities, lotteries or bail. In addition, it eliminates the requirement that the 
Department of Health and Human Services collect as much data as possible on the use of 
Temporary Assistance for Needy Families program benefits for tobacco and liquor 
products, gambling activities, lotteries and bail. 
This amendment also makes the 
following changes to the laws governing the Temporary Assistance for Needy Families 
program. 
1. It removes the provision that prohibits a person from being sanctioned under the 
Additional Support for People in Retraining and Employment-Temporary Assistance for 
Needy Families program or the Temporary Assistance for Needy Families program for 
failure to participate in the Additional Support for People in Retraining and Employment-
Temporary Assistance for Needy Families program if that failure to participate is based 
on good cause. 
2. It removes the 24-month limit on education, training and treatment for participants 
in the Additional Support for People in Retraining and Employment-Temporary 
Assistance for Needy Families program. 
3. It prohibits a recipient of benefits under the Temporary Assistance for Needy 
Families program from using an electronic benefits transfer card, or EBT card, outside of 
Maine, either at an automated teller machine or for an electronic point of sale transaction. 
4. It creates a work search requirement for job-ready applicants to the Temporary 
Assistance for Needy Families program. 
SPONSOREDBY:-+' __ ~I~ 
__________________ 
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(Representative 
TOWN: Newport 
HOUSE AMENDMENT 
Approved: 04/03114 frac. 
LD 1822 
LR 2777(11) 
An Act To Increase Integrity in the Temporary Assistance for Needy Families Program through 
Restriction of Expenditures 
Fiscal Note for House Amendment Cv to Committee Amendment "A" 
Sponsor: Rep. Fredette of Newport 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Federal Block Grant Fund 
Potential current biennium savings - Federal Block Grant Fund 
Minor cost increase - General Fund 
The amendment may increase the potential for Federal Block Grant Fund costs and affect the potential amount of 
Federal Block Grant Fund savings. Any additional administrative costs for the Department of Health and Human 
Services are assumed to be minor and can be absorbed within existing budgeted resources. 
LR2777(1I) - Fiscal Note - Page I of I