An Act To Ensure the Integrity of the Temporary Assistance for Needy Families Program
Maine Legislature, Session 127, LD 1144
Committee: Health and Human Services
Sponsors: McCABE, VALENTINO, BECK, DAVITT, DUCHESNE, PETERSON, POWERS, SAUCIER, SHORT, KATZ
Amends: 22 MRSA §23, 22 MRSA §3763

Legislative Document 
No. 1144 
H.P. 782 
House of Representatives, March 31, 2015 
An Act To Ensure the Integrity of the Temporary Assistance for 
Needy Families Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator VALENTINO of York and 
Representatives: BECK of Waterville, DAVITT of Hampden, DUCHESNE of Hudson, 
PETERSON of Rumford, POWERS of Naples, SAUCIER of Presque Isle, SHORT of 
Pittsfield, Senator: KATZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §23, sub-§1, ¶B, 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); or 
Sec. 2.  22 MRSA §23, sub-§1, ¶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.; or 
Sec. 3.  22 MRSA §23, sub-§1, ¶D is enacted to read: 
D.  A tobacco specialty store, as defined in section 1541, subsection 7. 
Sec. 4.  22 MRSA §3763, sub-§11 is enacted to read: 
11.  Prohibited expenditures.  The expenditure of TANF benefits is governed by 
this subsection. 
A.  TANF benefits may not be expended on: 
(1) Tobacco products, as defined in 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; or 
(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. 
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 purposes of the TANF program and a clear delineation of those 
items for which TANF 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. 
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 "TANF," that emphasizes that those benefits under TANF are to be used for supporting 
dependent children.  The program must educate TANF recipients regarding: 
1.  Appropriate, approved and specific uses of TANF benefits; 
2.  Refraining from using the electronic benefits transfer system to pay for tobacco 
products, liquor products, gambling activities or lotteries, including refraining from using 
the electronic benefits transfer system at automated teller machines to withdraw TANF 
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 unauthorized 
transactions and prohibited expenditures 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: 
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 benefits not distributed 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 regarding the integrity of the 
Temporary Assistance for Needy Families program, to the joint standing committee of 
the Legislature having jurisdiction over health and human services matters no later than 
March 15, 2017. 
SUMMARY 
This bill prohibits the use of the electronic benefits transfer system at tobacco 
specialty stores.  It requires the Department of Health and Human Services to develop an 
education program for recipients of benefits under the Temporary Assistance for Needy 
Families program that emphasizes that those benefits are to be used for supporting 
dependent children and are not to be used to pay for tobacco products, liquor products, 
gambling activities or lotteries.  It establishes penalties for benefit recipients who 
knowingly make a purchase prohibited by statute.  In addition, the Department of Health 
and Human Services must collect information on the use of Temporary Assistance for 
Needy Families program benefits for tobacco and liquor products, gambling activities and 
lotteries.  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, 2017.