An Act To Establish an Independent Citizens Oversight Committee on Maine's Welfare Programs
Maine Legislature, Session 128, LD 1408
Committee: Health and Human Services
Sponsors: LIBBY, GATTINE, BELLOWS, BREEN, CARPENTER, JACKSON, VITELLI, GOLDEN
Amends: 5 MRSA §12004-J, 22 MRSA §3109, 22 MRSA §3110

Legislative Document
No. 1408
S.P. 486
In Senate, April 11, 2017
An Act To Establish an Independent Citizens Oversight Committee 
on 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 Senator LIBBY of Androscoggin.
Cosponsored by Representative GATTINE of Westbrook and
Senators: BELLOWS of Kennebec, BREEN of Cumberland, CARPENTER of Aroostook, 
JACKSON of Aroostook, VITELLI of Sagadahoc, Representative: GOLDEN of Lewiston.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-J, sub-§18 is enacted to read: 
18.   
Sec. 2.  22 MRSA §3109 is enacted to read: 
§3109.  Promoting accountable public programs that reduce child poverty and 
increase sustainable employment for individuals receiving public assistance 
The department shall implement a system of accountability measurements to 
determine the performance of certain programs administered by the department under this 
subtitle by examining the outcomes of families and individuals participating in those 
programs on an annual basis in accordance with this section.  These outcome measures 
must provide the basis to measure over time the extent to which those programs have 
alleviated poverty and hardship among children, families and individuals through 
employment, education and training, individualized services for those with barriers to 
employment and other services. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Automated client eligibility system" means the department's fully integrated 
system for the coordination of all benefits eligibility programs. 
B.  "Federal poverty level" has the same meaning as in section 3762, subsection 1, 
paragraph C. 
C.  "Food insecurity" means limited or uncertain availability of nutritionally adequate 
and safe foods or limited or uncertain ability to acquire acceptable foods in socially 
acceptable ways. 
D.  "TANF" means the Temporary Assistance for Needy Families program 
established under chapter 1053-B. 
2.  Child poverty measures.  The department shall obtain data on the following 
outcomes for families in this State on an annual basis: 
A.  The percentage of households with dependent children living at or below 100% of 
the federal poverty level; 
B.  The percentage of households with dependent children headed by single parents 
living at or below 100% of the federal poverty level; 
C.  The percentage of households with dependent children living at or below 50% of 
the federal poverty level; 
D.  The percentage of households with dependent children that are homeless; 
Human Services 
Independent 
Citizens Oversight 
Committee 
Not Authorized 
MRSA §3110 
E.  The percentage of TANF participants with a high school diploma or general 
equivalency diploma or the equivalent; 
F.  The percentage of TANF participants with a postsecondary degree or certificate; 
G.  The percentage of people experiencing food insecurity; and 
H.  The percentage of people experiencing very low food security as defined by the 
United States Department of Agriculture. 
3.  Employment and earnings measures.  The department shall obtain income, 
earnings and other data required to determine outcomes pursuant to this section from its 
automated client eligibility system as verified and supplemented from a quarterly wage 
database compiled by the United States Department of Health and Human Services.  The 
department shall gather data on the following outcomes for all TANF cash assistance 
cases that include an adult leaving TANF in each quarter during the state fiscal year: 
A.  The number and percentage of families with earnings in the 2nd and 4th quarters 
of the fiscal year after leaving TANF; 
B.  The mean and median amount of earnings for families in the 2nd and 4th quarters 
of the fiscal year after leaving TANF; 
C.  The number and percentage of families with earnings below 100%; between 
100% and 150%; between 151% and 200%; and in excess of 200% of the federal 
poverty level in the 2nd and 4th quarters of the fiscal year after leaving TANF; 
D.  For families that continue to participate in the statewide food supplement program 
established pursuant to section 3104 or MaineCare, the number and percentage of 
families with no income and those with income including, but not limited to, earnings 
from employment below 50%; between 51% and 100%; between 101% and 150%; 
and between 151% and 200% of the federal poverty level in the 2nd and 4th quarters 
of the fiscal year after leaving TANF; and 
E.  For families with children under 5 years of age that continue to participate in the 
statewide food supplement program established pursuant to section 3104 or 
MaineCare, the number and share of families with no income and those with income 
including, but not limited to, earnings from employment below 50% and between 
51% and 100% of the federal poverty level. 
4.  Benchmarks and goals established.  The department shall use the data gathered 
pursuant to subsections 2 and 3 to establish benchmarks for earnings measures under 
subsection 3, as well as goals for the department along with performance measures to 
establish progress in meeting those goals.  By January 15, 2018, the department shall 
establish a performance baseline for each earnings measure under subsection 3. 
5.  Report.  By January 30, 2019, and annually thereafter, the department shall report 
the results of the benchmarks established pursuant to subsection 4 and the progress in 
meeting goals in the preceding year to the joint standing committee of the Legislature 
having jurisdiction over human services matters.  If the department does not successfully 
meet the goals, the department shall identify the factors that affected the ability to meet 
those goals and provide a plan for overcoming the obstacles in order to meet the 
benchmarks the following year.  The department's plan must be reviewed by both the 
Independent Citizens Oversight Committee established pursuant to section 3110 and the 
joint standing committee of the Legislature having jurisdiction over human services 
matters.  The joint standing committee of the Legislature having jurisdiction over human 
services matters may introduce legislation that it considers necessary to improve the 
department's ability to meet its benchmarks and goals in the following year. 
Sec. 3.  22 MRSA §3110 is enacted to read: 
§3110.  Independent Citizens Oversight Committee 
The Independent Citizens Oversight Committee, referred to in this section as "the 
committee," is established to monitor the department's progress in establishing 
benchmarks and progress in meeting goals as described in section 3109, subsection 4 and 
to inform the public concerning the progress made by the department with regard to these 
benchmarks and goals. 
1.  Support.  The department shall provide the committee with the necessary 
technical assistance, administrative assistance and resources to publicize the conclusions 
of the committee. 
2.  Information sharing.  The department shall provide the committee with 
responses to all findings, recommendations and concerns addressed in the annual 
independent report on progress made with respect to meeting benchmarks and goals 
under subsection 5. 
3.  Public meetings.  All meetings of the committee are open to the public and public 
notice must be provided pursuant to Title 1, section 406. 
4.  Membership.  The committee consists of at least 9 members who serve for a 
minimum term of 2 years and for no more than 3 consecutive terms.  Members may not 
receive compensation.  Members are appointed as follows: 
A.  A member active in a business organization representing the business community, 
appointed by the President of the Senate; 
B.  A member representing a senior citizens organization, appointed by the President 
of the Senate; 
C.  A member representing a charitable community foundation, appointed by the 
President of the Senate; 
D.  A member representing an organization that represents the interests of persons 
with disabilities, appointed by the President of the Senate; 
E.  A member representing a public postsecondary institution in this State, appointed 
by the Speaker of the House of Representatives; 
F.  A member who is a parent or guardian of at least one minor child, appointed by 
the Speaker of the House of Representatives; 
G.  A member representing a community social service organization, appointed by 
the Speaker of the House of Representatives; 
H.  A member representing an organization that provides vocational or employment 
services, appointed by the Speaker of the House of Representatives; and 
I.  A member representing an organization serving the community's health needs, 
appointed by the Speaker of the House of Representatives. 
Notwithstanding paragraphs D and G, a state employee or an official, vendor, contractor 
or consultant of the State may not be appointed to the committee. 
5.  Report.  By March 1, 2019, and annually thereafter, the committee shall provide a 
report to the joint standing committee of the Legislature having jurisdiction over human 
services matters on the department's progress in meeting benchmarks and goals 
established in section 3109, subsection 4. 
SUMMARY 
This bill requires the Department of Health and Human Services to collect data 
related to performance measures of the Temporary Assistance for Needy Families, or 
TANF, program, including reducing child poverty and food insecurity and improving 
educational attainment, employment and income levels.  It also requires the department to 
set benchmarks to measure improvement and success of the TANF program. 
It establishes the Independent Citizens Oversight Committee to monitor the 
Department of Health and Human Services' progress with respect to meeting benchmarks 
for success of the TANF program.