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Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is repealed.
Sec. 2.  22 MRSA §3762, sub-§§21 and 22  are enacted to read:
 
21.  Denial of assistance to applicants based on positive drug test.     An applicant for TANF assistance may be denied TANF assistance as described in this subsection except that eligible children in the applicant's household may not be denied TANF assistance as long as a protective payee, as approved by the commissioner or the commissioner's designee, is named to administer TANF assistance on behalf of the eligible children in the household.
 
A.  The department shall require an applicant for TANF assistance to complete a written screening tool to determine the applicant's likelihood of substance use at the time of the application.
 
B.  If the result of a written screening tool completed by an applicant under paragraph A creates a reasonable suspicion by the department that the applicant is using a drug illegal under state law or abusing a controlled substance, then:
 
(1) The applicant's TANF assistance application must be denied unless the applicant enrolls in a substance abuse treatment program appropriate to the type of illegal drug being used or the controlled substance being abused by that applicant. The department shall identify and approve an appropriate program and pay for the substance abuse treatment program with available TANF program funds;
 
(2) The applicant is entitled to a fair hearing regarding the denial of TANF assistance; and
 
(3) If the applicant requests a fair hearing, the applicant shall submit to a drug test.
 
C.  The results of the drug test under paragraph B, subparagraph (3) must be available prior to the fair hearing, if practicable. The applicant shall cooperate in a timely manner in submitting to the drug test. If the drug test confirms that the applicant is using an illegal drug or abusing a controlled substance, the applicant may avoid denial of TANF assistance by enrolling in a substance abuse treatment program appropriate to the type of illegal drug being used or the controlled substance being abused by that applicant, as described in paragraph B, subparagraph (1).
 
D.  If the department determines that, for good cause, an applicant is unable to enroll in a substance abuse program as required by paragraph C, the applicant remains eligible for TANF assistance until such time that the department determines that the applicant is able to enroll in a substance abuse treatment program.
 
E.  The department shall deny TANF assistance to an applicant who fails to request a fair hearing and submit to a 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.
 
22.  Denial of assistance to recipients based on conviction or positive drug test.     A recipient of TANF assistance may have TANF assistance terminated as described in this subsection except that eligible children in the recipient's household continue to receive TANF assistance as long as a protective payee, as approved by the commissioner or the commissioner's designee, is named to administer TANF assistance on behalf of the eligible children in the household.
 
A.  The department shall require a recipient of TANF assistance who has been convicted of a drug-related felony, as described in Section 115 of PRWORA, within 20 years of the recipient's date of conviction, to complete a written screening tool to determine the recipient's likelihood of substance use at the time of the screening. A recipient of TANF assistance convicted under federal or state law on or after October 1, 2017 of any offense that involves as an element of the offense the manufacture, cultivation, distribution, possession or use of a controlled substance as defined in Section 102(6) of the federal Controlled Substances Act, 21 United States Code, Section 802(6) or controlled substance analogue as defined in Section 102(32) of the federal Controlled Substances Act, 21 United States Code, Section 802(32)(A) is subject to the requirements of paragraph B, subparagraph (1).
 
B.  If the result of a written screening tool completed by a recipient under paragraph A creates a reasonable suspicion by the department that the recipient is using a drug illegal under state law or abusing a controlled substance, then:
 
(1) The recipient's TANF assistance must be terminated unless the recipient enrolls in a substance abuse treatment program appropriate to the type of illegal drug being used or the controlled substance being abused by that recipient. The department shall identify and approve an appropriate program and pay for the substance abuse treatment program with available TANF program funds;
 
(2) The recipient is entitled to a fair hearing regarding the denial of TANF assistance; and
 
(3) If the recipient requests a fair hearing, the recipient shall submit to a drug test.
 
C.  The results of the drug test under paragraph B, subparagraph (3) must be available prior to the fair hearing, if practicable. The recipient shall cooperate in a timely manner in submitting to the drug test. If the drug test confirms that the recipient is using an illegal drug or abusing a controlled substance, the recipient may avoid termination of TANF assistance by enrolling in a substance abuse treatment program appropriate to the type of illegal drug being used or the controlled substance being abused by that recipient, as described in paragraph B, subparagraph (1).
 
D.  If the department determines that, for good cause, a recipient is unable to enroll in a substance abuse program as required by paragraph C, the recipient remains eligible for TANF assistance until such time that the department determines that the recipient is able to enroll in a substance abuse treatment program.
 
E.  The department shall terminate TANF assistance to a recipient who fails to request a fair hearing and submit to a 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.
Sec. . Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
 
Temporary Assistance for Needy Families 0138
 
Initiative: Provides allocations for the written screening tool utilized for the comprehensive substance abuse screening.

FEDERAL BLOCK GRANT FUND	2017-18	2018-19	
All Other	$17,794	$17,794	
			
FEDERAL BLOCK GRANT FUND TOTAL	$17,794	$17,794	

Temporary Assistance for Needy Families 0138
 
Initiative: Provides allocations for 3 Senior Planner positions to conduct and score the comprehensive substance abuse screening, schedule drug tests and make referrals to treatment programs.

FEDERAL BLOCK GRANT FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	3.000	3.000	
Personal Services	$242,363	$250,599	
All Other	$28,172	$28,446	
			
FEDERAL BLOCK GRANT FUND TOTAL	$270,535	$279,045	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
FEDERAL BLOCK GRANT FUND	$288,329	$296,839	
			
DEPARTMENT TOTAL - ALL FUNDS	$288,329	$296,839	
 
’
 
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill. It repeals the provision of law allowing the Department of Health and Human Services to determine reasonable suspicion of illegal drug use or controlled substance abuse by recipients of Temporary Assistance for Needy Families, or TANF, assistance by means other than through the use of a written screening tool. It applies the procedures for applicants contained in the bill to current recipients of TANF assistance with felony drug convictions in the last 20 years. It requires a recipient of TANF assistance who is convicted of a drug conviction of any kind after October 1, 2017 to be enrolled in a substance abuse treatment program in order to retain TANF assistance. The amendment also clarifies that denial of assistance applies only to an adult and not to the eligible children in the adult's household. This amendment adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)