SP0505, LD 1375, item 1, An Act To Increase Accountability in Maine's Welfare Programs

An Act To Increase Accountability in Maine's Welfare Programs

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.

SP0505 LD 1375	Session - 127th Maine Legislature		LR 2002 Item 1
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