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_A_H460 (House)
Amends: 22 MRSA §3104

COMMITTEE AMENDMENT ,,4, 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 all of section 1 (page 1, lines 2 and 3 in L.D.) and 
inserting the following: 
'Sec. 1. 22 MRSA §3104, 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. 2. 22 MRSA §3104, 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 Wark 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 af conviction, the 
department shall apply the screening and drug testing process developed for the 
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 Mol' 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 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.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,·(Jr to H.P. 955, L.D. 1407 
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 descdbed 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 terminate 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 Report A of the committee, removes the sections of the 
bill that repeal provisions that prohibit the State's denying food assistance and Temporary 
Assistance for Needy Families, 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, 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 and is within 
years of that person's date of conviction. 
FISCAL ~Or.E l{£QURED . 
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COMMITTEE AMENDMENT 
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Approved: 06/10/15 
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LD 1407 
LR 1994(02) 
An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary 
Fiscal Detail and Notes 
Assistance for Needy Families Program 
f~ 
Fiscal Note for Bill as Amended by Committee Amendment if ( H 
---1U0 
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 eligiblity requirements for Temporary Assistance for 
Needy Families (TANF) and Supplemental Nutrional 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 determined 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 
accolirif The 'separate SNAP prograin, 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.