An Act To Stop the Abuse of Electronic Benefits Transfer Cards
Maine Legislature, Session 127, LD 0607
Committee: Health and Human Services
Sponsors: PARRY, COLLINS, O'CONNOR, REED, SANDERSON, VACHON, WARD
Amends: 22 MRSA §3104

Legislative Document 
No. 607 
H.P. 420 
House of Representatives, March 3, 2015 
An Act To Stop the Abuse of Electronic Benefits Transfer Cards 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PARRY of Arundel. 
Cosponsored by Senator COLLINS of York and 
Representatives: O'CONNOR of Berwick, REED of Carmel, SANDERSON of Chelsea, 
VACHON of Scarborough, WARD of Dedham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3104, sub-§12, as amended by PL 2011, c. 687, §10, is 
further amended to read: 
12.  Penalty.  The unauthorized issuance, redemption, use, transfer, acquisition, 
alteration or possession of coupons or other program access device, including an 
electronic benefits transfer card, may subject an individual, partnership, corporation or 
other legal entity to prosecution by the State in accordance with Sections 15 (b) and 15 
(c) of the federal Food Stamp Act of 1977 and the federal Food and Nutrition Act of 
2008.  Penalties are in accordance with those outlined in federal law or regulations.  A 
person who is arrested and charged under Title 17-A, chapter 45 who at the time of the 
arrest possesses an electronic benefits transfer card of another person creates a rebuttable 
presumption that the other person trafficked the card in exchange for an unlawful 
substance under Title 17-A, chapter 45.  A person who knowingly engages in trafficking 
in benefits as defined by 7 Code of Federal Regulations, Section 271.2 commits a Class D 
crime. and is subject to the following: 
A.  For a first offense, the benefits under this section are suspended for one year; 
B.  For a 2nd or subsequent offense, the benefits under this section are suspended for 
at least 5 years; and 
C.  If it is proved that a violation under paragraph A or B involved trafficking an 
electronic benefits transfer card in exchange for an unlawful substance under Title 
17-A, chapter 45, the penalty under that paragraph is doubled. 
Sec. 2.  22 MRSA §3104, sub-§§15 and 16 are enacted to read: 
15.  Replacement electronic benefits transfer card.  A replacement electronic 
benefits transfer card issued to a recipient must have a photograph of the recipient on the 
card. 
16.  Notification letter.  The department shall send a letter to all recipients of 
benefits under this section notifying the recipients of the provisions of subsection 12.  
Every recipient of benefits under this section must sign the notification letter 
acknowledging that the recipient understands the letter's contents and return the letter to 
the department within a reasonable period of time as determined by the department. 
SUMMARY 
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.