An Act To Allow Drug Testing Prior to Providing Welfare Benefits
Maine Legislature, Session 128, LD 1052
Committee: Health and Human Services
Sponsors: HANLEY, HAMPER, LOCKMAN, LYFORD, SAMPSON, TUELL, TURNER
Amends: 22 MRSA §3762

Legislative Document
No. 1052
H.P. 735
House of Representatives, March 16, 2017
An Act To Allow Drug Testing Prior to Providing Welfare Benefits
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANLEY of Pittston.
Cosponsored by Senator HAMPER of Oxford and
Representatives: LOCKMAN of Amherst, LYFORD of Eddington, SAMPSON of Alfred, 
TUELL of East Machias, TURNER of Burlington.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
amended to read: 
20.  Denial of assistance based on positive drug test.  A recipient of or applicant for 
TANF assistance may be denied TANF assistance as described in this subsection. 
A.  The department may require an applicant for TANF assistance to complete a 
written screening tool to determine the applicant's likelihood of current substance use.  
The department may administer a drug test to a recipient of or applicant for TANF 
assistance who has been convicted of a drug-related felony, as described in Section 
of PRWORA, within 20 years of that person's date of conviction. if: 
(1)  With respect to an applicant, the applicant's answers to the screening tool 
create a reasonable suspicion by the department that the applicant is using an 
illegal drug or controlled substance; 
(2)  The recipient or applicant has been convicted of a drug-related felony, as 
described in Section 115 of PRWORA, within the prior 20 years; or 
(3)  Based on interactions with the recipient or applicant, department staff 
develop a reasonable suspicion that the recipient or applicant is using an illegal 
drug or controlled substance. 
B.  If a person under paragraph A tests positive for an illegal drug, the department 
shall notify that person that: 
(1)  The If that person is a recipient of TANF assistance, the person's TANF 
assistance is subject to termination; 
(2)  The person is entitled to a fair hearing regarding the termination or denial of 
TANF assistance; and 
(3)  If the person requests a fair hearing, the person shall submit to a 2nd drug test 
to verify the results of the first drug test. 
C.  The results of the 2nd drug test must be available prior to the fair hearing, if 
practicable.  The person shall cooperate in a timely manner in submitting to the 2nd 
drug test.  If the 2nd drug test confirms that the person is using an illegal drug or 
controlled substance, the person may avoid termination or denial of TANF assistance 
by enrolling in a substance abuse treatment program appropriate to the type of illegal 
drug or controlled substance being used by that person. 
D.  If the department determines that, for good cause, a person is unable to enroll in a 
substance abuse program as required by paragraph C, the person remains eligible for 
TANF assistance until such time that the department determines that the person is 
able to enroll in a substance abuse treatment program. 
E.  The department shall terminate or deny TANF assistance to a person who fails to 
request a fair hearing and submit to a 2nd drug test as described in paragraph B or 
who fails to participate in a substance abuse treatment program as required pursuant 
to paragraph C or D. 
The department shall adopt routine technical rules, as defined in Title 5, chapter 375, 
subchapter 2-A, to implement the provisions of this subsection, including determining 
what constitutes "good cause" under paragraph D. 
SUMMARY 
This bill allows the Department of Health and Human Services to require an applicant 
for Temporary Assistance for Needy Families, or TANF, benefits to complete a written 
screening tool to determine the applicant's likelihood of current illegal drug or controlled 
substance use.  Based on the results of the screening tool or interactions with a TANF 
applicant or recipient, the department may require the applicant or recipient to submit to a 
drug test as a condition of receiving benefits if the department has a reasonable suspicion 
that the applicant or recipient is using an illegal drug or controlled substance.