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drug as defined in Title 17-A, section 1101, subsection 11. "Felony drug offense" does not<br />

include conviction of a crime under the laws of another state that is classified by laws of that<br />

state as a misdemeanor and is punishable by a term of imprisonment of 2 years or less. This<br />

subsection applies to current recipients of and new applicants for food assistance.<br />

Sec. EEEE-3. 22 MRSA §3762, sub-§17, as enacted in PL 2001, c. 598, §2, is repealed.<br />

Sec. EEEE-4. 22 MRSA §3762, sub-§17-A is enacted to read:<br />

17-A. Denial of assistance based on felony drug offense. An individual convicted of a<br />

felony drug offense after August 22, 1996 is not eligible for TANF assistance. As used in this<br />

subsection, "felony drug offense" means an offense that, at the time of conviction, is punishable<br />

by imprisonment for one year or more under any law of the United States or of any state and that<br />

has as an element the possession, use, or distribution of a controlled substance as defined in<br />

Section 102(6) of the Controlled Substances Act, 21 United States Code 802(6) or a scheduled<br />

drug as defined in Title 17-A, section 1101, subsection 11. "Felony drug offense" does not<br />

include conviction of a crime under the laws of another state that is classified by laws of that<br />

state as a misdemeanor and is punishable by a term of imprisonment of 2 years or less. This<br />

subsection applies to current recipients of and new applicants for TANF assistance.<br />

Sec. EEEE-5. 22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is<br />

repealed.<br />

PART EEEE<br />

SUMMARY<br />

This Part repeals provisions of the TANF and Food Supplement statutes that prohibit the<br />

Department from denying benefits based on a felony drug conviction. It also establishes a<br />

requirement that to be eligible for TANF or Food Supplement benefits, an individual must not<br />

have been convicted of a drug related felony. This part also repeals, as no longer necessary due<br />

to the eligibility requirement, the provision about the Department administering drug tests to<br />

convicted drug felons on the TANF program.<br />

PART FFFF<br />

Sec. FFFF-1. 22 MRSA §3762, sub-§4, as enacted by PL 1997, c. 530, Pt. A, §16, is<br />

amended to read:<br />

4. Promoting support by both parents. The department shall enforce laws and establish<br />

policies to ensure that both parents contribute to the economic support of their child or children<br />

and to promote every child's right to economic support from both parents. Applicants for and<br />

recipients of assistance may refuse to cooperate in the establishment of paternity or child support<br />

enforcement for good cause related to domestic violence, including situations when cooperation<br />

may result in harm to the parent or child, or when the child was conceived as a result of incest or<br />

rape. Evidence supporting a good cause determination includes, but is not limited to, the<br />

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