An Act To Require Screening and Testing for illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program
Maine Legislature, Session 127, LD 1407
Committee Amendment CA_B_H461 (House)
Amends: 3 MRSA §2, 3 MRSA §5, 3 MRSA §162, 5 MRSA §3104, 5 MRSA §3109, 22 MRSA §3

COMMITTEE AMENDMENT ,]" to H.P. 955, L.D. 1407, Bill, "An Act To 
Require Screening and Testing for illegal Substances of Beneficiaries under the 
Temporary Assistance for Needy Families Program" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Screening and Testing for megal Substances of Beneficiaries 
under the Temporary Assistance for Needy Families Program, Legislators and 
Certain Appointed State Employees' 
Amend the bill by striking out all of section 1 (page 1, lines 2 and 3 in L.D.) and 
inserting the following: 
'Sec. 1. 3 MRSA §2, first ~, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is 
further amended to read: 
Each member of the Senate and House of Representatives, beginning with the first 
Wednesday of December 2000 and thereafter, is entitled to $10,815 in the first year and 
$7,725 in the 2nd year of each biennium, except as provided in section 5 and except that 
if a Legislator who is a recipient of retirement benefits from the federal Social Security 
Administration files a written request with the Executive Director of the Legislative 
Council within one week after the biennium commences, the Legislator is entitled to 
$9,270 in each year of the biennium. Each member of the Senate and the House of 
Representatives must receive a cost-of-living adjustment in annual legislative salary, 
except that the percentage increase may not exceed 5% in any year, and except that the 
percentage increase may not exceed 3% beginning with the fiscal year ending June 30, 
2014. Beginning December 1, 2001, the salary for each legislative session must be 
adjusted each December 1st by the percentage change in the Consumer Price Index for 
the most recently concluded fiscal year; except that no member of the Senate or the 
House of Representatives may receive a cost-of-living adjustment in annual legislative 
salary for the Second Regular Session of the 124th Legislature, and except that no 
member of the Senate or the House of Representatives may receive a cost-of-living 
adjustment in annual legislative salary for the Second Regular Session of the 125th 
Legislature and the First Regular Session and the Second Regular Session of the 126th 
COMMITTEE AMENDMENT 
900tf, 
COMMITTEE AMENDMENT~' to H.P. 955, L.D. 1407 
Legislature, and any percentage change in the Consumer Price illdex for the fiscal years 
ending June 30, 2011, June 30, 2012 and June 30, 2013 may not be applied to the base 
salary. ill addition, each Legislator is entitled to be paid for travel at each legislative 
session once each week at the same rate per mile to and from that Legislator's place of 
abode as state employees receive, the mileage to be determined by the most reasonable 
direct route, except that Legislators may be reimbursed for tolls paid for travel on the 
Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to be 
reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions of 
the Legislature or in performance of duly authorized committee assignments. 
Each 
Legislator is entitled to mileage on the first day of the session, and those amounts of 
salary and expenses at such times as the Legislature may determine during the session, 
and the balance at the end of the session. 
Sec. 2. 3 MRSA §5 is enacted to read: 
§S. Screening and testing for illegal substances 
The Legislative Council shall conduct screening and testing of Legislators for illegal 
substances as described in this section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Drug" means a controlled substance as defined in the federal Controlled 
Substances Act, 21 United States Code, Section 802(6). 
B. "Drug test" means a chemical test administered to determine the presence of a 
drug or a drug's metabolites in a person's body fluids. 
C. 
"Substance use disorder" means any diagnosable disorder characterized by a 
cluster of cognitive, behavioral and physiological symptoms indicating that the 
individual continues to use a substance despite significant substance-related problems 
that is supported by the most current edition of the Diagnostic and Statistical Manual 
of Mental Disorders. published by the American Psychiatric Association. 
2. Screening questionnaire. Each member or member-elect of the Senate and 
House of Representatives is required to complete a written screening questionnaire 
designed to determine the likelihood of the member or member-elect having a substance 
use disorder. The Legislative Council shall develop the questionnaire required under this 
subsection and shall provide each member-elect with the questionnaire no later than 10 
days prior to the convening of the Legislature following a general election. Each member 
or member-elect must return the completed questionnaire to the Executive Director of the 
Legislative Council no later than 10 days following the convening of the Legislature. 
3. Drug testing required. If the results ofa questionnaire required under subsection 
indicate a reasonable likelihood, as determined by the Legislative Council. that the 
member of the Senate or House of Representatives may have a substance use disorder 
involving the misuse of a drug. the Legislative Council shall require the member to 
submit to a drug test at the Legislative Council's expense in order for the member to 
receive or continue to receive annual legislative salary payments under section 2. 
COMMITTEE AMENDMENT 
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CO:MMITTEE AMENDMENT~' to H.P. 955, L.D. 1407 
4. Failure to complete screening questionnaire or refusal to submit to drug 
testing. If a member of the Senate or House of Representatives fails to timely complete 
the screening questionnaire provided under subsection 2 or refuses to take a drug test 
required under subsection 3, the Executive Director of the Legislative Council shall 
terminate the member's annual legislative salary payments under section 2 and shall 
require the member to reimburse the State for any legislative salary payments made to 
that member since the convening of the Legislature. 
5. Administration of drug testing. A drug test required pursuant to subsection 3 
must be administered with due regard to the privacy and dignity of the member of the 
Senate or House of Representatives being tested. Before taking a required drug test, the 
member may advise the person administering the test of any prescription or over-the-
counter medication the member is taking. 
The Executive Director of the Legislative Council is authorized to enter into service 
contracts to ensure accurate and appropriate screening and testing of members for illegal 
substances under this section. 
6. Drug testing results. This subsection governs drug testing results under this 
section. 
A. If a member of the Senate or House of Representatives tests negative for the 
unlawful use of a drug, the member remains eligible for annual legislative salary 
payments under section 2. 
B. If a member of the Senate or House of Representatives tests positive for the 
unlawful use of a drug, the member: 
. 
(1) Must be given a list of approved substance use disorder treatment providers 
that are available in the area in which the member resides; and 
(2) May receive or continue to receive annual legislative salary payments under 
section 2 if the member enters into and follows the requirements of a substance 
use disorder treatment plan, including: 
Ca) Receiving treatment from an approved substance use disorder treatment 
provider for at least 90 days; and 
(b) Testing negative for the unlawful use of a drug in drug testing required 
by the Legislative Council during treatment and in a drug test to be given at 
the conclusion of treatment. 
C. If a member of the Senate or House of Representatives tests positive for the 
unlawful use of a drug and declines to enter into a substance use disorder treatment 
plan pursuant to paragraph B or if the member enters into but fails to meet a 
requirement of the substance use disorder treatment plan, including the member's 
refusal to take a drug test required by a substance use disorder treatment plan, or if 
the member tests positive for the unlawful use of a drug in a drug test required by a 
substance use disorder treatment plan, the Executive Director of the Legislative 
Council shall terminate the member's annual legislative salary payments under 
section 2 and shall require the member to reimburse the State for any legislative 
salary payments made to that member since the convening of the Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT.J" to H.P. 955, L.D. 1407 
The result of a drug test performed under this section is not a public record under Title 1, 
chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited. 
Sec. 3. 3 MRSA §162, sub-§18, as amended by PL 1997, c. 43, §2, is further 
amended to read: 
18. Out-of-state travel report. To submit to the joint standing committee of the 
Legislature having jurisdiction over appropriations and fmancial affairs a quarterly report 
on out-of-state travel activity of the Legislature. The report must be submitted within 15 
days after the end of each quarter and must include, for each individual who has been 
authorized to travel, the destination, purpose and cost by funding source of each trip; and 
Sec. 4. 3 MRSA §162, sub-§19, as enacted by PL 1997, c. 43, §3, is amended to 
read: 
19. 
Legislative information available through the Internet. 
To make the 
following information available through the Internet: legislative documents, committee 
hearing schedules, work session schedules, status of legislation, voting records of 
Legislators, the laws of Maine, study reports and reports of other study groups established 
by the Legislature and any other information designated by the Legislative Council .. ; and 
Sec. 5. 3 MRSA §162, sub-§20 is enacted to read: 
20. Screening and testing for illegal substances. To conduct screening and testing 
of legislators for illegal substances in accordance with section 5. 
Sec. 6. 5 MRSA §3104, sub-§l, ~~ and I, as enacted by PL 2011, c. 655, Pt. 
DD, §5 and affected by §24, are amended to read: 
H. Facilitate intergovernmental and intragovernmental coordination, relations and 
communications and provide general coordination and review of plans in functional 
areas of State Government as may be necessary for receipt of federal funds; and 
I. Perform other duties related to the purposes of the office under section 3102 as 
assigned by the Governor or as directed by statute .. ; and 
Sec. 7. 5 MRSA §3104, sub-§l, ~J is enacted to read: 
J. Conduct screening and testing of appointed state employees as defined in section 
3109, subsection 1, paragraph A for illegal substances in accordance with section 
3109. 
Sec. 8. 5 MRSA §3109 is enacted to read: 
§3109. Screening and testing for illegal substances 
The office shall conduct screening and testing of appointed state employees for 
illegal substances as described in this section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Appointed state employee" means a state employee appointed by the Governor, 
with a salary subject to adjustment by the Governor, whose position is listed in Title 
2, section 6. 
COMMITTEE AMENDMENT 
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COMlvlIITEE AMENDMEN::fi" to H.P. 955, L.D. 1407 
B. 
"Drug" means a controlled substance as defined in the federal Controlled 
Substances Act, 21 United States Code, Section 802(6). 
C. "Drug test" means a chemical test administered to determine the presence of a 
drug or a drug's metabolites in a person's body fluids 
D. 
"Substance use disorder" means any diagnosable disorder characterized by a 
cluster of cognitive, behavioral and physiological symptoms indicating that the 
individual continues to use a substance despite significant substance-related problems 
that is supported by the most current edition of the Diagnostic and Statistical Manual 
of Mental Disorders, published by the American Psychiatric Association. 
2. Screening questionnaire. Each appointed state employee is required to complete 
a written screening questionnaire designed to determine the likelihood of the employee 
having a substance use disorder. The office shall develop the questionnaire required 
under this subsection and shall provide each appointed state employee with the 
questionnaire no later than 10 days after the employee's appointment and on or before 
July 1st of each year thereafter. 
Each appointed state employee must return the 
completed questionnaire to the office no later than 30 days following receipt of the 
questionnaire. 
3. Drug testing required. If the results of a questionnaire required under subsection 
indicates a reasonable likelihood, as determined by the office, that the appointed state 
employee may have a substance use disorder involving the misuse of a drug, the office 
shall require the employee to submit to a drug test at the office's expense. 
4. Failure to complete questionnaire or refusal to submit to drug testing. If an 
appointed state employee fails to timely complete the screening questionnaire provided 
under subsection 2 or refuses to take a drug test required under subsection 3, the office 
shall make a formal recommendation to the Governor that the employee be terminated or 
otherwise reprimanded. 
5. Administration of drug testing. A drug test required pursuant to subsection 3 
must be administered with due regard to the privacy and dignity of the appointed state 
employee being tested. Before taking a required drug test, the employee may advise the 
person administering the test of any prescription or over-the-counter medication the 
employee is taking. 
The office is authorized to enter into service contracts to ensure accurate and appropriate 
screening and testing of appointed state employees for illegal substances under this 
section. 
6. Drug testing results. This subsection governs testing results under this section. 
A. If an appointed state employee tests negative for the unlawful use of a drug, the 
office may take no further action under this section, except that the employee must be 
required to yearly complete the screening questionnaire in accordance with 
subsection 2 and may be required to submit to drug testing under subsection 3. 
B. If an appointed state employee tests positive for the unlawful use of a drug, the 
employee: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMffiIT:E "to H.P. 955, L.D. 1407 
(1) Must be given a list of approved substance use disorder treatment providers 
that are available in the area in which the employee resides; and 
(2) 
Except for yearly screening and potential required drug testing under 
subsections 2 and 3, the office may take no further action against the employee if 
the employee enters into and follows the requirements of a substance use disorder 
treatment plan, including: 
(a) Receiving treatment from an approved substance use disorder treatment 
provider for at least 90 days; and 
(b) Testing negative for the unlawful use of a drug in drug testing required 
by the office during treatment and in a drug test to be given at the conclusion 
of treatment. 
C. If an appointed state employee tests positive for the unlawful use of a drug and 
declines to enter into a substance use disorder treatment plan pursuant to paragraph B 
or if the employee enters into but fails to meet a requirement of the substance use 
disorder treatment plan, including the employee's refusal to take a drug test required 
by a substance use disorder treatment plan, or if the employee tests positive for the 
unlawful use of a drug in a drug test required by a substance use disorder treatment 
plan, the office shall make a formal recommendation to the Governor that the 
employee be terminated or otherwise reprimanded. 
The result of a drug test performed under this section is not a public record under Title 1, 
chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited. 
Sec. 9. 22 MRSA §3l04, sub-§14, as amended by PL 2009, c. 291, §2, is further 
amended to read: 
14. Prohibition against denial of assistance based on drug conviction. A person 
who is otherwise eligible to receive food assistance under the federal Food Stamp Act of 
1977, 7 United States Code, Sections 2011 to 2036 and under the federal Food and 
Nutrition Act of 2008 may not be denied assistance because the person has been 
convicted of a drug-related felony as described in the federal Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, Public Law 104-193, Section 115, 110 
Stat. 2105 unless that person is ineligible pursuant to subsection 15. 
Sec. 10. 22 MRSA §3l04, sub-§15 is enacted to read: 
15. Drug screening and testing. If a person who has been convicted of a drug-
related felony, as described in the federal Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, Public Law 104-193, Section 115, 110 Stat. 2105, applies for 
benefits under this section within 20 years of that person's date of conviction, the 
department shall apply the screening and drug testing process developed for Temporary 
assistance for Needy Families program recipients pursuant to section 3762. subsection 20. 
If the person tests positive for the unlawful use of a drug and declines to enter into a 
substance use disorder treatment plan pursuant to section 3762, subsection 20, paragraph 
M or if the person enters into but fails to meet a requirement of a substance use disorder 
treatment plan, including the person's refusal to take a drug test required by a substance 
use disorder treatment plan, or if the person tests positive for the unlawful use of a drug in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT J" to H.P. 955, L.D. 1407 
a drug test required by a substance use disorder treatment plan, the department may no 
longer provide food assistance under the federal Food Stamp Act of 1977, Section 2011 
et seq. and the person may not reapply at any time.' 
Amend the bill by striking out all of section 3 (page 1, line 14 in L.D.) 
Amend the bill in section 4 in subsection 20 by inserting after paragraph N the 
following: 
'0. Notwithstanding paragraph N, if an adult applicant for or an adult recipient of 
TANF benefits who has been convicted of a drug-related felony, as described in 
Section 115 of PRWORA, declines within 20 years of that person's date of conviction 
to enter into a substance use disorder treatment plan pursuant to paragraph M or if the 
person enters into but fails to meet a requirement of a substance use disorder 
treatment plan, including the person's refusal to take a drug test required by a 
substance use disorder treatment plan, or if the person tests positive for the unlawful 
use of a drug in a drug test required by a substance use disorder treatment plan, the 
department may not provide or shall tenninate cash assistance for the person, and the 
person may not reapply for cash assistance.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is a minority report of the committee, makes the following 
changes to the bill: 
1. It removes the sections of the bill that repeal provisions that prohibit the State's 
denying food assistance and Temporary Assistance for Needy Families, or TANF, 
benefits to a person who has been convicted of a drug-related felony. It specifies that a 
person receiving TANF benefits who has been convicted of a drug-related felony and is 
within 20 years of that person's date of conviction is not able to reapply for cash 
assistance if the person fails a drug test and declines to enter a treatment plan or fails to 
meet the requirements of the treatment plan. It requires the Department of Health and 
Human Services to apply the same process to a person receiving food benefits who was 
convicted of a drug-related felony within 20 years of that person's date of conviction. 
2. It requires the Legislative Council to conduct screening and testing of Legislators 
for illegal substances. If a Legislator is required to submit to drug testing and refuses, or 
if the Legislator tests positive for the unlawful use of a drug and refuses to enter into a 
substance use disorder treatment plan or enters into a substance use disorder treatment 
plan and fails to meet a requirement of the plan, the Legislator is ineligible for annual 
legislative salary payments and must reimburse the State for any salary payments made to 
the Legislator since the convening of the Legislature. 
3. It requires the Governor's Office of Policy and Management to conduct yearly 
screening and testing of certain appointed state employees for illegal substances. If an 
appointed state employee is required to submit to drug testing and refuses, or if the 
employee tests positive for the unlawful use of a drug and refuses to enter into a 
substance use disorder treatment plan or enters into a substance use disorder treatment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENf J" to H.P. 955, L.D. 1407 
plan and fails to meet a requirement of the plan, the office is required to make a formal 
recommendation to the Governor that the employee be terminated or otherwise 
reprimanded. 
COMMITTEE AMENDMENT 
Approved: 06/17115 
;WaC!. 
LD 1407 
LR 1994(03) 
An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary 
Fiscal Detail and Notes 
Assistance for Needy Families Program 
.) 
. Fiscal Note for Bill as Amended by Committee Amendment ~, (f/- t/~.fJ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium savings - Federal Block Grant Fund 
Current biennium cost increase - General Fund 
This bill adds a drug screening and testing component to the eligibility requirements for Temporary Assistance for 
Needy Families (TANF) and Supplemental Nutritional Assistance Program (SNAP). The provisions of this bill were 
recently added to the TANF rules, so there is no fiscal impact to that program. There is an expectation that the biggest 
savings will be to the Federally funded SNAP benefits, but as these benefits do not pass through State accounts, there 
would be no state savings. There will be an increase in costs for administering the drug screening and for additional 
drug testing, however the actual cost is unable to be detelmined at this time. The SNAP expenditures related to drug 
testing and screening would be split 50/50 to the General Fund and Federal Fund Food Supplement Administrative 
account. The separate State funded SNAP program, which is 100% state funded, would see benefit savings, but these 
savings are expected to be less than the new costs to the General Fund. 
The Legislative and Executive Branches will incur additional General Fund costs associated with drug testing. The 
amount and timing of these costs cannot be determined at this time. 
LR1994(03) - Fiscal Note - Page 1 of 1