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-SA_A_S505 (Senate)
Amends: 22 MRSA §23, 22 MRSA §3763

SENATE AMENDMENT "A " 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, ~, 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); ef 
Sec. 2. 22 MRSA §23, sub-§I, ~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 entertainment~,;...Q! 
Sec. 3. 22 MRSA §23, sub-§I, ~ 
is enacted to read: 
D. A tobacco specialty store, as defined in section 1541, subsection 7. 
Sec. 4. 22 MRSA §3763, sub-§§l1 and 12 are enacted to read: 
11. Prohibited expenditures. The expenditure of T ANF benefits is governed by 
this subsection. 
A. T ANF benefits may not be expended on, and retailers and vendors may not accept 
T ANF benefits through electronic benefits transfer system debit cards for: 
(1) Tobacco products, as defined in Title 22, section 1551, subsection 3; 
(2) Imitation liquor and liquor, as defined in Title 28-A, section 2, subsections 
and 16, respectively; 
(3) Gambling activity, as defined in Title 8, section 1001, subsection 15; 
SENA TE AMENDMENT 
.. "a' 
". 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1312, L.D. 1822 
(4) 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 
(5) Bail, as defined in Title 15, section 1003, subsection 1. 
B. An eligible recipient of cash assistance from the TANF program who knowingly 
makes a prohibited purchase in violation of paragraph A is subject to the following 
penalties: 
(1) For a first offense, a warning that includes an explanation, both orally and in 
writing, of the pumoses of the T ANF program and a clear delineation of those 
items for which T ANF benefits may not be expended; 
(2) For a 2nd offense, a period of disqualification for benefits that does not 
exceed 3 months; and 
(3) For a 3rd and subsequent offense, a period of disqualification for benefits that 
does not exceed 6 months. 
The department may disqualify an eligible recipient only after notice and opportunity 
for a hearing pursuant to rules adopted by the department. 
12. 
Required agreement. 
A recipient of T ANF benefits shall enter into an 
agreement with a representative of the department that the recipient agrees not to expend 
T ANF benefits in violation of subsection 11 and agrees that a violation will result in the 
penalties specified in subsection 11, paragraph B. 
Sec. 5. Department of Health and Human Services to educate recipients 
of the Temporary Assistance for Needy Families program. The Department of 
Health and Human Services shall develop an education program for recipients of benefits 
under the Temporary Assistance for Needy Families program, referred to in this section 
as "T ANF," that emphasizes that those benefits under T ANF are to be used for supporting 
dependent children. The program must educate T ANF recipients regarding the agreement 
entered into by the recipient pursuant to the Maine Revised Statutes, Title 22, section 
3763, subsection 12, including but not limited to: 
1. Appropriate, approved and specific uses of T ANF benefits; 
2. Refraining from using the electronic benefits transfer system to pay for tobacco 
products, liquor products, gambling activities, lotteries or bail, including refraining from 
using the electronic benefits transfer system at automated teller machines to withdraw 
T ANF benefits as cash, which is then used to pay for those products or activities; and 
3. The prohibition on using the electronic benefits transfer system for transactions 
for unauthorized spending pursuant to the Maine Revised Statutes, Title 22, section 23 
and section 3763, subsection 11. 
Sec. 6. Department of Health and Human Services to collect information 
on purchases of certain items. The Department of Health and Human Services shall 
collect information on the costs and impact of implementing and enforcing the 
prohibitions set forth in the Maine Revised Statutes, Title 22, section 3763, subsection 11, 
including the: 
SENATE AMENDMENT 
~.-~' 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1312, L.D. 1822 
1. Administrative costs of implementation and costs of enforcing the prohibitions; 
2. Number of recipients who have been finally determined by the department to have 
violated the prohibitions; 
3. Status of and final adjudication of any judicial appeals of determinations by the 
department; 
4. Number of individuals who have been penalized under Title 22, section 3763, 
subsection 11, paragraph B, segregated by the categories of penalty described in that 
paragraph; and 
5. 
Dollar amount of any funds recovered as a result of enforcement of penalties 
described in Title 22, section 3763, subsection 11, paragraph B. 
The Department of Health and Human Services shall report this information, along 
with recommendations and any suggested legislation, to the joint standing committee of 
the Legislature having jurisdiction over health and human services matters no later than 
March 15,2015.' 
SUMMARY 
This amendment restores the provisions of the bill that prohibit benefits under the 
Temporary Assistance for Needy Families program from being expended on tobacco, 
imitation liquor, liquor, gambling, lotteries or bail. In addition, this amendment provides 
that retailers and vendors may not accept T ANF benefits through electronic benefits 
transfer system debit cards for those prohibited expenditures. This amendment specifies 
that the recipient of Temporary Assistance for Needy Families program benefits must 
agree to refrain from expending the benefits in violation of the law. This amendment 
provides for the education of Temporary Assistance for Needy Families program 
recipients regarding the appropriate, approved and prohibited uses of Temporary 
Assistance for Needy Families program benefits. In addition, the Department of Health 
and Human Services is directed to coliect information on the cost and impact of 
implementing and enforcing the restrictions on the use of Temporary Assistance for 
Needy Families program benefits for tobacco and liquor products, gambling activities, 
lotteries and bail. 
The department is required to report its findings, including 
recommendations and suggested legislation, to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters no later than 
March 15,2015. 
FISCAL NOTE REQUIRED 
(f!£Q 
SPONSORED BY: f2i!. t ~ 
(Senator PA yRicK)' 
COUNTY: Oxford 
SENA TE AMENDMENT 
• 
Revised: 04/04/14 ;t?ae 
LD 1822 
LR 2777(17) 
An Act To Increase Integrity in the Temporary Assistance for Needy Families Program through 
Restriction of Expenditures 
Fiscal Note for Senate Amendment ,~, to Committee Amendment "A" 
Sponsor: Sen. Patrick of Oxford 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - Federal Block Grant Fund 
Minor cost increase - General Fund 
The amendment may increase the potential for Federal Block Grant Fund savings. 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(17) - Fiscal Note - Page 1 of 1