‘An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program, Legislators and Certain Appointed State Employees’
| HP0955 LD 1407 |
Session - 127th Maine Legislature C "B", Filing Number H-461, Sponsored by
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LR 1994 Item 3 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program, Legislators and Certain Appointed State Employees’
Amend the bill by striking out all of section 1 (page 1, lines 2 and 3 in L.D.) and inserting the following:
‘Sec. 1. 3 MRSA §2, first ¶, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is further amended to read:
Each member of the Senate and House of Representatives, beginning with the first Wednesday of December 2000 and thereafter, is entitled to $10,815 in the first year and $7,725 in the 2nd year of each biennium, except as provided in section 5 and except that if a Legislator who is a recipient of retirement benefits from the federal Social Security Administration files a written request with the Executive Director of the Legislative Council within one week after the biennium commences, the Legislator is entitled to $9,270 in each year of the biennium. Each member of the Senate and the House of Representatives must receive a cost-of-living adjustment in annual legislative salary, except that the percentage increase may not exceed 5% in any year, and except that the percentage increase may not exceed 3% beginning with the fiscal year ending June 30, 2014. Beginning December 1, 2001, the salary for each legislative session must be adjusted each December 1st by the percentage change in the Consumer Price Index for the most recently concluded fiscal year; except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 124th Legislature, and except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 125th Legislature and the First Regular Session and the Second Regular Session of the 126th Legislature, and any percentage change in the Consumer Price Index for the fiscal years ending June 30, 2011, June 30, 2012 and June 30, 2013 may not be applied to the base salary. In addition, each Legislator is entitled to be paid for travel at each legislative session once each week at the same rate per mile to and from that Legislator's place of abode as state employees receive, the mileage to be determined by the most reasonable direct route, except that Legislators may be reimbursed for tolls paid for travel on the Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to be reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions of the Legislature or in performance of duly authorized committee assignments. Each Legislator is entitled to mileage on the first day of the session, and those amounts of salary and expenses at such times as the Legislature may determine during the session, and the balance at the end of the session.
Sec. 2. 3 MRSA §5 is enacted to read:
§ 5. Screening and testing for illegal substances
The Legislative Council shall conduct screening and testing of Legislators for illegal substances as described in this section.
The Executive Director of the Legislative Council is authorized to enter into service contracts to ensure accurate and appropriate screening and testing of members for illegal substances under this section.
(1) Must be given a list of approved substance use disorder treatment providers that are available in the area in which the member resides; and
(2) May receive or continue to receive annual legislative salary payments under section 2 if the member enters into and follows the requirements of a substance use disorder treatment plan, including:
(a) Receiving treatment from an approved substance use disorder treatment provider for at least 90 days; and
(b) Testing negative for the unlawful use of a drug in drug testing required by the Legislative Council during treatment and in a drug test to be given at the conclusion of treatment.
The result of a drug test performed under this section is not a public record under Title 1, chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited.
Sec. 3. 3 MRSA §162, sub-§18, as amended by PL 1997, c. 43, §2, is further amended to read:
Sec. 4. 3 MRSA §162, sub-§19, as enacted by PL 1997, c. 43, §3, is amended to read:
Sec. 5. 3 MRSA §162, sub-§20 is enacted to read:
Sec. 6. 5 MRSA §3104, sub-§1, ¶¶H and I, as enacted by PL 2011, c. 655, Pt. DD, §5 and affected by §24, are amended to read:
Sec. 7. 5 MRSA §3104, sub-§1, ¶J is enacted to read:
Sec. 8. 5 MRSA §3109 is enacted to read:
§ 3109. Screening and testing for illegal substances
The office shall conduct screening and testing of appointed state employees for illegal substances as described in this section.
The office is authorized to enter into service contracts to ensure accurate and appropriate screening and testing of appointed state employees for illegal substances under this section.
(1) Must be given a list of approved substance use disorder treatment providers that are available in the area in which the employee resides; and
(2) Except for yearly screening and potential required drug testing under subsections 2 and 3, the office may take no further action against the employee if the employee enters into and follows the requirements of a substance use disorder treatment plan, including:
(a) Receiving treatment from an approved substance use disorder treatment provider for at least 90 days; and
(b) Testing negative for the unlawful use of a drug in drug testing required by the office during treatment and in a drug test to be given at the conclusion of treatment.
The result of a drug test performed under this section is not a public record under Title 1, chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited.
Sec. 9. 22 MRSA §3104, sub-§14, as amended by PL 2009, c. 291, §2, is further amended to read:
Sec. 10. 22 MRSA §3104, sub-§15 is enacted to read:
Amend the bill by striking out all of section 3 (page 1, line 14 in L.D.)
Amend the bill in section 4 in subsection 20 by inserting after paragraph N the following:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment, which is a minority report of the committee, makes the following changes to the bill:
1. It removes the sections of the bill that repeal provisions that prohibit the State's denying food assistance and Temporary Assistance for Needy Families, or TANF, benefits to a person who has been convicted of a drug-related felony. It specifies that a person receiving TANF benefits who has been convicted of a drug-related felony and is within 20 years of that person's date of conviction is not able to reapply for cash assistance if the person fails a drug test and declines to enter a treatment plan or fails to meet the requirements of the treatment plan. It requires the Department of Health and Human Services to apply the same process to a person receiving food benefits who was convicted of a drug-related felony within 20 years of that person's date of conviction.
2. It requires the Legislative Council to conduct screening and testing of Legislators for illegal substances. If a Legislator is required to submit to drug testing and refuses, or if the Legislator tests positive for the unlawful use of a drug and refuses to enter into a substance use disorder treatment plan or enters into a substance use disorder treatment plan and fails to meet a requirement of the plan, the Legislator is ineligible for annual legislative salary payments and must reimburse the State for any salary payments made to the Legislator since the convening of the Legislature.
3. It requires the Governor's Office of Policy and Management to conduct yearly screening and testing of certain appointed state employees for illegal substances. If an appointed state employee is required to submit to drug testing and refuses, or if the employee tests positive for the unlawful use of a drug and refuses to enter into a substance use disorder treatment plan or enters into a substance use disorder treatment plan and fails to meet a requirement of the plan, the office is required to make a formal recommendation to the Governor that the employee be terminated or otherwise reprimanded.