An Act To Increase Accountability in Maine's Welfare Programs
Maine Legislature, Session 127, LD 1375
Committee: Health and Human Services
Sponsors: THIBODEAU, FREDETTE, BRAKEY, HAMPER, MASON, ESPLING, MALABY, SANDERSON, SIROCKI, TIMBERLAKE
Amends: 22 MRSA §23, 22 MRSA §3762, 22 MRSA §3763, 22 MRSA §3785, 22 MRSA §3785-A, 22 MRSA §3788, 22 MRSA §3790

Legislative Document 
No. 1375 
S.P. 505 
In Senate, April 28, 2015 
An Act To Increase Accountability in Maine's Welfare Programs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by President THIBODEAU of Waldo.  (GOVERNOR'S BILL) 
Cosponsored by Representative FREDETTE of Newport and 
Senators: BRAKEY of Androscoggin, HAMPER of Oxford, MASON of Androscoggin, 
Representatives: ESPLING of New Gloucester, MALABY of Hancock, SANDERSON of 
Chelsea, SIROCKI of Scarborough, TIMBERLAKE of Turner. 
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 §3762, sub-§21 is enacted to read: 
21.  Work search requirement.  Before TANF assistance may be granted to an 
applicant by the department, the applicant, if job ready as determined by the department, 
must apply in writing for 3 separate advertised jobs and produce verifiable documentation 
to the department of the applications. To satisfy this work search requirement, the job 
applications may be submitted at any time from one week prior to the date of the 
application to the department for TANF assistance to 2 weeks following that date. 
Sec. 5.  22 MRSA §3763, sub-§1-A, as enacted by PL 2011, c. 380, Pt. PP, §4, is 
amended to read: 
1-A.  Partial and full termination of benefits.  Benefits under this chapter must be 
terminated by the department under the provisions of subsection 1 and sections 3785 and 
3785-A as follows: 
A.  For a first failure to meet the conditions of a family contract, termination of 
benefits applies to the adult recipient; 
B.  For a first failure to meet the conditions of a family contract for which termination 
of benefits under paragraph A lasts for longer than 90 days and for a 2nd and 
subsequent violation, termination of benefits applies to the adult recipient and the full 
family unit; and 
B-1.  For a 3rd and subsequent violation, termination of benefits applies to the adult 
recipient and the full family unit for 6 consecutive months commencing upon 
termination; and 
C.  Prior to the implementation of a full family unit sanction, the department shall 
offer the adult recipient an opportunity to claim good cause follow the guidelines for 
noncompliance as described in section 3785. 
Benefits that have been terminated under this subsection must be restored once the adult 
recipient signs a new contract under subsection 1 and complies with the provisions of the 
family contract. 
Sec. 6.  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 An 
applicant must meet the eligibility requirements established by rule rules adopted 
pursuant to section 3762, subsection 3, paragraph A and may not have reached the 
applicant's lifetime limit on assistance as described in section 3762, subsection 18.  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 24-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. 7.  22 MRSA §3763, sub-§§11 to 13 are enacted to read: 
11.  Restriction on use of electronic benefits transfer system outside State.  A 
recipient of benefits under this chapter may not access those benefits through the 
electronic benefits transfer system established in section 22 outside of this State. 
12.  Prohibited expenditures.  Benefits under this chapter may not be expended on 
the following: 
A.  Tobacco products, as defined in section 1551, subsection 3; 
B.  Imitation liquor and liquor, as defined in Title 28-A, section 2, subsections 13 and 
16, respectively; 
C.  Gambling activity, as defined in Title 8, section 1001, subsection 15; 
D.  Lotteries conducted by the State pursuant to Title 8, chapter 14-A or the Tri-state 
Lotto Commission pursuant to Title 8, chapter 16; 
E.  Bail, as defined in Title 15, section 1003, subsection 1; or 
F.  Tattoo marks or figures, as described in Title 32, chapter 63. 
13.  Restrictions on use of electronic benefits transfer system to withdraw cash.  
In a monthly benefit period, a recipient of benefits under this chapter may not withdraw 
as cash an amount over 15% of the recipient's monthly benefits under this chapter 
received in the recipient's electronic benefits transfer system account.  For purposes of 
this subsection, "monthly benefit period" means the period beginning the day the 
recipient receives the recipient's monthly benefit and ending the day before the recipient 
receives the next monthly benefit. 
Sec. 8.  22 MRSA §3785, sub-§§1 and 2, as amended by PL 1993, c. 385, §18, 
are repealed. 
Sec. 9.  22 MRSA §3785, sub-§3, as enacted by PL 1987, c. 856, §7, is repealed. 
Sec. 10.  22 MRSA §3785, sub-§§4 and 5, as amended by PL 1993, c. 385, §18, 
are repealed. 
Sec. 11.  22 MRSA §3785, sub-§6, as amended by PL 1997, c. 530, Pt. A, §21, is 
repealed. 
Sec. 12.  22 MRSA §3785, sub-§7, as amended by PL 1993, c. 385, §18, is 
repealed. 
Sec. 13.  22 MRSA §3785, sub-§8, as amended by PL 1997, c. 530, Pt. A, §22, is 
repealed. 
Sec. 14.  22 MRSA §3785, sub-§12, as amended by PL 1997, c. 530, Pt. A, §23, 
is repealed. 
Sec. 15.  22 MRSA §3785-A, first ¶, as enacted by PL 2001, c. 335, §1, is 
amended to read: 
Prior to imposing a sanction against an individual, the department must complete the 
The sanction process, which includes the following. 
Sec. 16.  22 MRSA §3785-A, sub-§1, as enacted by PL 2001, c. 335, §1, is 
amended to read: 
1.  Procedures.  Prior to imposing a sanction against an individual for failure to 
comply with Temporary Assistance for Needy Families or ASPIRE-TANF rules, the 
department shall: 
A.  Thoroughly review the circumstances of the individual; and 
B.  Provide the individual with a notice that states the basis for the sanction and a 
complete list of good cause reasons as set forth in section 3785; 
C.  Provide the individual with an opportunity to inform the department of good 
cause circumstances under section 3785; and 
D.  Obtain supervisory approval of the recommendation of the case manager to 
impose a sanction. 
Sec. 17.  22 MRSA §3785-A, sub-§1-A is enacted to read: 
1-A.  Notice of basis for sanction.  At the time of imposing a sanction against an 
individual for failure to comply with Temporary Assistance for Needy Families or 
ASPIRE-TANF rules, the department shall provide the individual with a notice that states 
the basis for the sanction and the good cause reason as set forth in section 3785. 
Sec. 18.  22 MRSA §3788, sub-§10, ¶C, as amended by PL 2005, c. 480, §1, is 
repealed and the following enacted in its place: 
C.  For individuals who are satisfactorily participating in an education or training 
program, the department shall determine the acceptability of the activity for purposes 
of meeting the participation requirements of this chapter using the same criteria as are 
used for any individual in the ASPIRE-TANF program. 
Sec. 19.  22 MRSA §3788, sub-§11, ¶B, as amended by PL 1997, c. 530, Pt. A, 
§26, is further amended to read: 
B.  ASPIRE-TANF participants who are attending school or are involved in an 
equivalent educational program recognized by the Department of Education or a local 
school board are considered to be in the education, training or treatment component 
and their participation is not limited to 24 months.  The department shall encourage 
recipients younger than 20 years of age who have not completed high school to attend 
traditional high school. 
Sec. 20.  22 MRSA §3788, sub-§11, ¶D, as enacted by PL 2001, c. 335, §3, is 
amended to read: 
D.  If a claim of disability or other good cause is made by a participant, the 
department shall assess the circumstances of the claim.  If disability or other good 
cause is found to exist, the department shall offer reasonable alternative participation 
requirements to the extent required by federal law and document them in the 
participant's family contract and case record. 
Sec. 21.  22 MRSA §3790, sub-§3, as repealed and replaced by PL 1999, c. 407, 
§1, is amended to read: 
3.  Program requirements.  An enrollee must participate in a combination of 
education, training, study or work-site experience for an average of 20 hours per week in 
a manner that meets federal work participation requirements in the first 24 12 months of 
the program.  Aid under this chapter may continue beyond 24 12 months if the enrollee 
remains in an educational program and agrees to participate in either of the following 
options: meets federal work participation requirements. 
A.  Fifteen hours per week of work-site experience in addition to other education, 
training or study; or 
B.  A total of 40 hours of education, training, study or work-site experience. 
The department shall present both options to enrollees and permit them to choose either 
option.  For the purpose of this subsection, work-site experience includes, but is not 
limited to, paid employment, work study, practicums, internships, clinical placements, 
laboratory or field work directly related to the enrollee's employment goal or any other 
work activities that, as determined by the department, will enhance the enrollee's 
employability in the enrollee's field.  In the last semester of the enrollee's educational 
program, work-site experience may also include resume preparation, employment 
research, interviews and other activities related to job placement. 
The department shall make reasonable adjustments in the participation requirements in 
this subsection for good cause.  For the purpose of this subsection, "good cause" means 
circumstances in which the required participation would cause the enrollee to seriously 
compromise academic performance.  "Good cause" includes, but is not limited to, a 
verifiable need to take care of a family member with special needs, a physical or mental 
health problem, illness, accident, death or a serious personal or family problem that 
necessitates reduced participation or time off from education, training or work.  An 
enrollee receiving aid under this chapter must make satisfactory progress in the enrollee's 
educational program.  The department shall adopt rules defining satisfactory academic 
progress.  The department may not disapprove an educational plan based solely on the 
length of the educational program. 
SUMMARY 
This bill creates a work search requirement for job-ready applicants to the Temporary 
Assistance for Needy Families, or TANF, program. 
The bill prohibits a recipient of benefits under the TANF program from using an 
electronic benefits transfer system card to access those benefits outside of Maine. 
The bill prohibits a recipient of benefits under the TANF program from withdrawing 
in a monthly benefit period cash in an amount over 15% of the monthly TANF benefits 
received in the recipient's electronic benefits transfer system account. 
The bill prohibits benefits provided under the TANF program from being expended 
on tobacco, imitation liquor, liquor, gambling, lotteries, tattoos and bail. 
The bill makes the following changes to the laws governing the TANF program: 
1.  It removes all the good cause exceptions that prevent a person from being 
sanctioned under the Additional Support for People in Retraining and Employment - 
Temporary Assistance for Needy Families, or ASPIRE-TANF, program or the TANF 
program for failure to participate in the ASPIRE-TANF program, with the exception of 
domestic violence; 
2.  It removes the 24-month limit on education, training and treatment for participants 
in the ASPIRE-TANF program; and 
3.  It imposes a 6-month termination of TANF benefits upon the imposition of a 3rd 
sanction and removes the prenotification requirement prior to imposing a sanction. 
The bill amends the time period in which applicants may receive alternative aid and 
eliminates alternative aid to applicants who are not eligible for TANF benefits due to the 
60-month time limit on benefits. 
The bill amends the Parents as Scholars Program. 
The bill prohibits the use of the electronic benefits transfer system at tobacco 
specialty stores.