An Act To Reform Welfare by Establishing Bridges to Sustainable Employment
Maine Legislature, Session 127, LD 1268
Committee: Health and Human Services
Sponsors: GATTINE, HASKELL, EVES, HAMANN, ROTUNDO, STUCKEY, SAVIELLO
Amends: 22 MRSA §3732, 22 MRSA §3736, 22 MRSA §3762, 22 MRSA §3763, 22 MRSA §3782-A, 22 MRSA §3788

Legislative Document 
No. 1268 
H.P. 868 
House of Representatives, April 7, 2015 
An Act To Reform Welfare by Establishing Bridges to Sustainable 
Employment 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GATTINE of Westbrook. 
Cosponsored by Senator HASKELL of Cumberland and 
Representatives: Speaker EVES of North Berwick, HAMANN of South Portland, ROTUNDO 
of Lewiston, STUCKEY of Portland, Senator: SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3732, sub-§9 is enacted to read: 
9.  Eligible applicants with irregular hours of employment.  The department shall 
establish rules that provide for reliable and uninterrupted access to subsidized child care 
for eligible applicants with irregular hours of employment. 
Sec. 2.  22 MRSA §3736, sub-§3 is enacted to read: 
3.  Application; effective date.  If an applicant for child care programs administered 
under this chapter is determined eligible, child care assistance begins on the date of 
application and must be provided retroactively to the date of application. 
Sec. 3.  22 MRSA §3762, sub-§3, as amended by PL 2013, c. 368, Pt. OO, §3 and 
Pt. UUU, §1 and affected by Pt. UUU, §2, is further amended to read: 
3.  Administration.  The department may administer and operate a program of aid to 
needy dependent children, called "Temporary Assistance for Needy Families" or 
"TANF," who are deprived of support or care due to the death, continued absence, 
physical or mental incapacity of a parent or the unemployment or underemployment of 
the principal wage earner in accordance with the United States Social Security Act, as 
amended by PRWORA and DRA, and this Title. 
A.  The department shall adopt rules as necessary to implement and administer the 
program.  The rules must include eligibility criteria, budgeting process, benefit 
calculation and confidentiality.  The confidentiality rules must ensure that 
confidentiality is maintained for TANF recipients at least to the same extent that 
confidentiality was maintained for families in the Aid to Families with Dependent 
Children program unless otherwise required by federal law or regulation. 
B.  The department may use funds, insofar as resources permit, provided under and in 
accordance with the United States Social Security Act or state funds appropriated for 
this purpose or a combination of state and federal funds to provide assistance to 
families under this chapter.  In addition to assistance for families described in this 
subsection, funds must be expended for the following purposes: 
(1)  To continue the pass-through of the first $50 per month of current child 
support collections and the exclusion of the $50 pass-through from the budget 
tests and benefit calculations; 
(2)  To provide financial assistance to noncitizens legally admitted to the United 
States who are receiving assistance under this subsection as of July 1, 2011.  
Recipients of assistance under this subparagraph are limited to the categories of 
noncitizens who would be eligible for the TANF programs but for their status as 
aliens under PRWORA.  Eligibility for the TANF program for these categories of 
noncitizens must be determined using the criteria applicable to other recipients of 
assistance from the TANF program. Any household receiving assistance as of  
July 1, 2011 may continue to receive assistance, as long as that household 
remains eligible, without regard to interruptions in coverage or gaps in eligibility 
for service. A noncitizen legally admitted to the United States who is neither 
receiving assistance on July 1, 2011 nor has an application pending for assistance 
on July 1, 2011 that is later approved is not eligible for financial assistance 
through a state-funded program unless that noncitizen is: 
(a)  Elderly or disabled, as described under the laws governing supplemental 
security income in 42 United States Code, Sections 1381 to 1383f (2010); 
(b)  A victim of domestic violence;  
(c)  Experiencing other hardship, such as time necessary to obtain proper 
work documentation, as defined by the department by rule. Rules adopted by 
the department under this division are routine technical rules as defined by 
Title 5, chapter 375, subchapter 2-A; or 
(d)  Unemployed but has obtained proper work documentation, as defined by 
the department by rule.  Rules adopted by the department under this division 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; 
(3) To provide benefits to certain 2-parent families whose deprivation is based on 
physical or mental incapacity with children using the same eligibility 
requirements as apply to families headed by a single custodial parent or caretaker 
relative; 
(4)  To provide an assistance program for needy children, 19 to 21 years of age, 
who are in full-time attendance in secondary school.  The program is operated for 
those individuals who qualify for TANF under the United States Social Security 
Act, except that they fail to meet the age requirement, and is also operated for the 
parent or caretaker relative of those individuals.  Except for the age requirement, 
all provisions of TANF, including the standard of need and the amount of 
assistance, apply to the program established pursuant to this subparagraph; 
(5)  To provide assistance for a pregnant woman who is otherwise eligible for 
assistance under this chapter, except that she has no dependents under 19 years of 
age.  An individual is eligible for the monthly benefit for one eligible person if 
the medically substantiated expected date of the birth of her child is not more 
than 90 days following the date the benefit is received; 
(6)  To provide a special housing allowance for TANF families whose shelter 
expenses for rent, mortgage or similar payments, homeowners insurance and 
property taxes equal or exceed 75% of their monthly income.  The special 
housing allowance is limited to $200 per month for each family.  For purposes of 
this subparagraph, "monthly income" means the total of the TANF monthly 
benefit and all income countable under the TANF program, plus child support 
received by the family, excluding the $50 pass-through payment; 
(7)  In determining benefit levels for TANF recipients who have earnings from 
employment, the department shall disregard from monthly earnings the 
following: 
(a)  One hundred and eight dollars; 
(b)  Fifty percent of the remaining earnings that are less than the federal 
poverty level; and 
(c)  All actual child care costs necessary for work, except that the department 
may limit the child care disregard to $175 per month per child or $200 per 
month per child under 2 years of age or with special needs; 
(7-A)  In determining eligibility and benefit levels, the department may apply a 
gross income test only to applicants and not recipients and shall disregard the 
following from the monthly earnings of recipients for the first 2 months of 
employment during a period of continuous receipt of assistance uninterrupted by 
a break in assistance of one month or more: 
(a)  100% of all earned income; and 
(b)  All actual child care costs necessary for work, except that the department 
may limit the child care disregard to $175 per month per child or $200 per 
month per child under 2 years of age or with special needs; 
(7-B)  In determining eligibility and benefit levels, the department may apply a 
gross income test only to applicants and not recipients and shall disregard the 
following from the monthly earnings of recipients from the beginning of the 3rd 
month of employment during a period of continuous receipt of assistance 
uninterrupted by a break in assistance of one month or more: 
(a)  Two hundred and fifty dollars; 
(b)  Fifty percent of the remaining earnings that are less than the federal 
poverty level; and 
(c)  All actual child care costs necessary for work, except that the department 
may limit the child care disregard to $175 per month per child or $200 per 
month per child under 2 years of age or with special needs; 
(8)  In cases when the TANF recipient has no child care cost, the monthly TANF 
benefit is the maximum payment level or the difference between the countable 
earnings and the standard of need established by rule adopted by the department, 
whichever is lower; 
(9)  In cases when the TANF recipient has child care costs, the department shall 
determine a total benefit package, including TANF cash assistance, determined in 
accordance with subparagraph (7) subparagraphs (7-A) and (7-B) and additional 
child care assistance, as provided by rule, necessary to cover the TANF 
recipient's actual child care costs up to the maximum amount specified in section 
3782-A, subsection 5.  The benefit amount must be paid as provided in this 
subparagraph. 
(a)  Before the first month in which child care assistance is available to an 
ASPIRE-TANF recipient under this paragraph and periodically thereafter, the 
department shall notify the recipient of the total benefit package and the 
following options of the recipient: to receive the total benefit package 
directly; or to have the department pay the recipient's child care assistance 
directly to the designated child care provider for the recipient and pay the 
balance of the total benefit package to the recipient. 
(b)  If an ASPIRE-TANF recipient notifies the department that the recipient 
chooses to receive the child care assistance directly, the department shall pay 
the total benefit package to the recipient. 
(c)  If an ASPIRE-TANF recipient does not respond or notifies the 
department of the choice to have the child care assistance paid directly to the 
child care provider from the total benefit package, the department shall pay 
the child care assistance directly to the designated child care provider for the 
recipient.  The department shall pay the balance of the total benefit package 
to the recipient; 
(10)  Child care assistance under this paragraph must be paid by the department 
in a prompt manner that permits an ASPIRE-TANF recipient to access child care 
necessary for work; and 
(11)  The department shall adopt rules pursuant to Title 5, chapter 375 to 
implement this subsection.  Rules adopted pursuant to this subparagraph are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  22 MRSA §3763, sub-§8, as amended by PL 2005, c. 522, §1, is further 
amended to read: 
8.  Alternative aid.   The department shall provide alternative aid to applicants who 
seek short-term assistance in order to obtain or retain employment.  The applicants must 
meet the eligibility requirements established by rule adopted pursuant to section 3762, 
subsection 3, paragraph A.  Two-parent families are eligible for alternative aid using the 
same eligibility requirements as families headed by a single custodial parent or caretaker 
relative.  The alternative aid may not exceed 3 times the value of the monthly TANF 
grant for which the applicant's family is eligible.  An eligible applicant may receive 
alternative aid no more than once during any 12-month period.  If the family reapplies for 
TANF within 3 months of receiving alternative aid, the family shall repay any alternative 
aid received in excess of the amount that the family would have received on TANF.  The 
method of repayment must be the same as that used for the repayment of unintentional 
overpayments in the TANF program. 
Sec. 5.  22 MRSA §3782-A, sub-§1-A is enacted to read: 
1-A.  Specialized navigator services for employment supports.  The department 
shall appoint a navigator to provide specialized navigator services for each participating 
family to assist that family in understanding rules and policies that provide support to 
those with earned income.  The navigator shall offer each participating family the 
opportunity for an in-person meeting to learn how earned income affects benefit levels 
and transitional work supports including child care, transportation, medical and food 
assistance.  The navigator shall advise the family on ways to maximize opportunities to 
achieve earned income without a corresponding loss of benefits and strategies to increase 
wages and improve employment prospects. 
Sec. 6.  22 MRSA §3788, sub-§6-A is enacted to read: 
6-A.  Structured pathways development.  The department shall collaborate with the 
Department of Labor, employers in the State, the Maine Community College System and 
the University of Maine System to establish structured pathways leading to education, 
training and employment opportunities for any person eligible for the TANF program 
whether or not the person is receiving TANF cash assistance under the ASPIRE-TANF 
program.  Structured pathways combine basic skills instruction with professional 
technical instruction leading to postsecondary credentials for jobs in demand in the State 
offering high wages and opportunities for career advancement.  Pathways participants 
must be provided the same support services available to ASPIRE-TANF participants 
pursuant to this section.  Pathways may include a transitional job, subsidized employment 
or an apprenticeship model that combines with a public-private partnership involving 
both employment and education when necessary and appropriate to the needs of the 
pathways participant.  Any subsidized employment position established pursuant to this 
subsection must meet the requirements of Title 26, section 2171-A. 
Sec. 7.  Department of Health and Human Services to convene a working 
group to improve employment outcomes through improved access to reliable 
transportation.  The Commissioner of Health and Human Services, or the 
commissioner's designee, shall convene a working group to review and make 
recommendations to establish a program to provide access to reliable transportation for 
families that qualify for assistance under the Temporary Assistance for Needy Families, 
or TANF, program, whether or not they receive TANF cash assistance at the time they 
are working or are actively seeking employment.  The commissioner or the 
commissioner's designee shall convene the first meeting of the working group no later 
than October 1, 2015. 
1.  Members.  The working group consists of 7 voting members.  The commissioner, 
or the commissioner's designee, shall serve as a voting member.  The commissioner shall 
appoint the following 6 additional members: 
A.  A representative of a nonprofit agency in the State with experience administering 
a program that facilitates the purchase of motor vehicles by persons with low income; 
B.  A representative of a nonprofit community action agency in the State with 
experience in the provision of transportation to persons with low income; 
C.  A representative of the Department of Transportation who is familiar with federal 
programs or other programs intended to provide transportation assistance for working 
families; 
D.  A representative of an advocacy organization representing the interests of persons 
with low income who has expertise in policy and legal matters relating to public 
assistance programs; 
E.  An employee employed by a career center that works directly with persons with 
low income who are employed or seeking employment; and 
F.  A person with a low income who has experienced difficulty in obtaining or 
maintaining employment because of a lack of access to reliable transportation. 
The commissioner shall arrange for the working group to consult as necessary and 
appropriate with nonprofit organizations within New England whose mission is to create 
economic opportunity by providing affordable and reliable transportation options for 
needy persons. 
2.  Duties.  The working group shall: 
A.  Review other transportation access programs in New England and elsewhere 
designed to provide access to affordable transportation for persons with low income 
who are employed or seeking employment, including car donation programs, low-
interest loan programs, public or private nonprofit transportation providers and ride 
assistance programs; 
B.  Examine past experience of the Department of Health and Human Services in 
implementing similar transportation access programs and evaluate the successes and 
failures of those transportation access programs; 
C.  Determine what the standards for affordability must be to ensure that the 
transportation access program is administered in a manner that will best ensure access 
to needed transportation by families with low income; 
D.  Examine opportunities to purchase or arrange for the donation of retired state or 
municipal vehicles to benefit recipients of the transportation access program; and 
E.  Recommend methods and standards of administration that will, to the greatest 
extent feasible, ensure accountability, cost-effectiveness and uniform statewide 
access to transportation access program assistance. 
3.  Report.  No later than January 1, 2016, the Commissioner of Health and Human 
Services shall submit the report of the working group with recommendations, a copy of 
proposed rules pursuant to subsection 4, and any suggested legislation to the Joint 
Standing Committee on Appropriations and Financial Affairs and the Joint Standing 
Committee on Health and Human Services. 
4.  Rulemaking.  No later than February 1, 2016, the Department of Health and 
Human Services shall provisionally adopt major substantive rules in accordance with the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A that amend its Rule Chapter 
331: Public Assistance Manual (TANF - Temporary Assistance for Needy Families) 
consistent with the recommendations of the working group established in this section 
implementing a transportation access program for persons with low income who are 
employed or seeking employment.  The Department of Health and Human Services is 
authorized to adopt emergency rules under Title 5, sections 8054 and 8073 as necessary 
to implement this subsection without the necessity of demonstrating that immediate 
adoption is necessary to avoid a threat to public health, safety or general welfare.  The 
Department of Health and Human Services may use federal funds provided under the 
federal Social Security Act, Title IV, Part A or state funds that are used to meet the 
federal maintenance of effort requirements under TANF for costs associated with the 
implementation of a transportation access program. 
SUMMARY 
This bill makes the following changes to the laws governing public assistance, which 
are intended to provide bridges to employment: 
1.  Child care assistance begins on the date of application if the applicant is eligible; 
2.  The Department of Health and Human Services is directed to establish rules to 
provide uninterrupted access to subsidized child care for eligible persons with irregular 
hours of employment; 
3.  It provides Temporary Assistance for Needy Families, or TANF, benefits and 
alternative aid benefits to 2-parent families based on the same eligibility requirements as 
single-parent families have; 
4.  It changes the income amounts for TANF recipients who have employment 
earnings that are disregarded in calculating TANF benefits; 
5.  It directs the Department of Health and Human Services to set up specialized 
navigator services related to employment in the Additional Support for People in 
Retraining and Employment - Temporary Assistance for Needy Families program so that 
families receiving TANF benefits understand how earned income affects benefit levels 
and work supports; 
6.  It requires the Department of Health and Human Services, Department of Labor, 
Maine employers, the Maine Community College System and the University of Maine 
System to establish structured pathways leading to education, training and employment 
opportunities for persons eligible for TANF; and 
7.  It requires the Commissioner of Health and Human Services to convene a working 
group to review and make recommendations to establish a program to provide access to 
reliable transportation for families that qualify for assistance under TANF.  The 
commissioner must report the findings of the working group to the Joint Standing 
Committee on Appropriations and Financial Affairs and the Joint Standing Committee on 
Health and Human Services by January 1, 2016.  The Department of Health and Human 
Services must amend its TANF rules to incorporate the findings of the working group.