‘Sec. 1. 22 MRSA §23, sub-§1, ¶B, as corrected by RR 2011, c. 2, §23, is amended to read:
Sec. 2. 22 MRSA §23, sub-§1, ¶C, as enacted by PL 2011, c. 687, §4, is amended to read:
Sec. 3. 22 MRSA §23, sub-§1, ¶D is enacted to read:
Sec. 4. 22 MRSA §3763, sub-§§11 and 12 are enacted to read:
(1) Tobacco products, as defined in Title 22, section 1551, subsection 3;
(2) Imitation liquor and liquor, as defined in Title 28-A, section 2, subsections 13 and 16, respectively;
(3) Gambling activity, as defined in Title 8, section 1001, subsection 15;
(4) Lotteries conducted by the State pursuant to Title 8, chapter 14-A or the Tri-State Lotto Commission pursuant to Title 8, chapter 16; or
(5) Bail, as defined in Title 15, section 1003, subsection 1.
(1) For a first offense, a warning that includes an explanation, both orally and in writing, of the purposes of the TANF program and a clear delineation of those items for which TANF benefits may not be expended;
(2) For a 2nd offense, a period of disqualification for benefits that does not exceed 3 months; and
(3) For a 3rd and subsequent offense, a period of disqualification for benefits that does not exceed 6 months.
The department may disqualify an eligible recipient only after notice and opportunity for a hearing pursuant to rules adopted by the department.
Sec. 5. Department of Health and Human Services to educate recipients of the Temporary Assistance for Needy Families program. The Department of Health and Human Services shall develop an education program for recipients of benefits under the Temporary Assistance for Needy Families program, referred to in this section as "TANF," that emphasizes that those benefits under TANF are to be used for supporting dependent children. The program must educate TANF recipients regarding the agreement entered into by the recipient pursuant to the Maine Revised Statutes, Title 22, section 3763, subsection 12, including but not limited to:
1. Appropriate, approved and specific uses of TANF benefits;
2. Refraining from using the electronic benefits transfer system to pay for tobacco products, liquor products, gambling activities, lotteries or bail, including refraining from using the electronic benefits transfer system at automated teller machines to withdraw TANF benefits as cash, which is then used to pay for those products or activities; and
3. The prohibition on using the electronic benefits transfer system for transactions for unauthorized spending pursuant to the Maine Revised Statutes, Title 22, section 23 and section 3763, subsection 11.
Sec. 6. Department of Health and Human Services to collect information on purchases of certain items. The Department of Health and Human Services shall collect information on the costs and impact of implementing and enforcing the prohibitions set forth in the Maine Revised Statutes, Title 22, section 3763, subsection 11, including the:
1. Administrative costs of implementation and costs of enforcing the prohibitions;
2. Number of recipients who have been finally determined by the department to have violated the prohibitions;
3. Status of and final adjudication of any judicial appeals of determinations by the department;
4. Number of individuals who have been penalized under Title 22, section 3763, subsection 11, paragraph B, segregated by the categories of penalty described in that paragraph; and
5. Dollar amount of any funds recovered as a result of enforcement of penalties described in Title 22, section 3763, subsection 11, paragraph B.
The Department of Health and Human Services shall report this information, along with recommendations and any suggested legislation, to the joint standing committee of the Legislature having jurisdiction over health and human services matters no later than March 15, 2015.’