An Act To Stop the Abuse of Electronic Benefits Transfer Cards
Sec. 1. 22 MRSA §3104, sub-§12, as amended by PL 2011, c. 687, §10, is further amended to read:
Sec. 2. 22 MRSA §3104, sub-§§15 and 16 are enacted to read:
This bill amends the provisions regarding electronic benefits transfer cards by providing that:
1. For a violation of trafficking an electronic benefits transfer card, the benefits are suspended one year for a first offense and at least 5 years for a 2nd or subsequent offense, with the penalties doubled if the benefits recipient trafficked the card in exchange for illegal drugs;
2. If an electronic benefits transfer card is found in the possession of a person other than the recipient and the person is arrested and charged for a drug offense, it creates a rebuttable presumption that the recipient trafficked the card for drugs;
3. A replacement electronic benefits transfer card must have a photograph of the recipient on the card; and
4. The Department of Health and Human Services is directed to send a letter to all recipients of benefits under the statewide food supplement program of the amended penalty provision. The recipient is required to sign and return the letter acknowledging the recipient understood the letter.