An Act To Make Convicted Drug Felons Ineligible for TANF Assistance
Maine Legislature, Session 126, LD 1443
Committee: Health and Human Services
Sponsors: SANDERSON, HAMPER, SIROCKI, TURNER
Amends: 22 MRSA §3762

Legislative Document 
No. 1443 
H.P. 1037 
House of Representatives, April 24, 2013 
An Act To Make Convicted Drug Felons Ineligible for TANF 
Assistance 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: SIROCKI of Scarborough, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3762, sub-§9, ¶D is enacted to read: 
D.  The department shall require each applicant and recipient to state in a written 
statement signed by the applicant or recipient whether the applicant or recipient or a 
member of the applicant's or recipient's household has been convicted of a felony 
drug offense as defined in subsection 17-A. 
Sec. 2.  22 MRSA §3762, sub-§17, as enacted by PL 2001, c. 598, §2, is repealed. 
Sec. 3.  22 MRSA §3762, sub-§17-A is enacted to read: 
17-A.  Denial of assistance based on felony drug offense.  An individual convicted 
of a felony drug offense after August 22, 1996 is not eligible for TANF assistance.  As 
used in this subsection, "felony drug offense" means an offense that, at the time of 
conviction, is punishable by imprisonment for one year or more under any law of the 
United States or of any state and that has as an element the possession, use or distribution 
of a controlled substance as defined in Section 102(6) of the Controlled Substances Act, 
United States Code 802(6) or a scheduled drug as defined in Title 17-A, section 1101, 
subsection 11.  "Felony drug offense" does not include conviction of a crime under the 
laws of another state that is classified by laws of that state as a misdemeanor and is 
punishable by a term of imprisonment of 2 years or less.  This subsection must be applied 
retroactively to current recipients of and new applicants for TANF assistance. 
Sec. 4.  22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
repealed. 
Sec. 5.  Application.  That section of this Act that enacts the Maine Revised 
Statutes, Title 22, section 3762, subsection 17-A applies to a person receiving Temporary 
Assistance to Needy Families benefits on or after the effective date of this Act. 
SUMMARY 
Current law prohibits a person who has been convicted of a drug-related felony from 
being denied Temporary Assistance to Needy Families, or TANF, benefits due to that 
conviction.  Current law also allows the drug testing of a person receiving TANF benefits 
if the person has been convicted of a drug-related felony within 20 years of receiving 
TANF.  If the drug test is positive for illegal drugs, a 2nd test may be requested by the 
person and, if the 2nd test is positive, the suspension of TANF benefits may be avoided 
by enrolling in a substance abuse treatment program. 
This bill repeals the prohibition against the denial of TANF benefits for a conviction 
of a drug-related felony, instead providing that anyone who is convicted for a drug-
related felony after August 22, 1996 is ineligible for TANF benefits, including a person 
who is receiving TANF benefits on the effective date of the legislation.  The bill also 
repeals the provision allowing the Department of Health and Human Services to 
administer drug tests to persons convicted of a drug-related felony and the person who 
tests positive for illegal drug use to avoid the loss of benefits.  The bill requires an 
applicant for or recipient of TANF benefits to declare in a written, signed statement 
whether the person or any member of that person's household has been convicted of a 
drug-related felony.