Maine LD 607: An Act To Stop the Abuse of Electronic Benefits Transfer Cards

LD 607 (subjects: FOOD STAMPS , FRAUD )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=607&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Wayne Parry of Arundel: (R – District 10) — e-mail | Facebook

6 Cosponsors:

Actions

Chamber

Action
3/3/2015 House Committee on Health and Human Services suggested and ordered printed.
The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/5/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
6/2/2015 House Reports READ.
Representative GATTINE of Westbrook moved to ACCEPT REPORT B Ought to Pass as Amended .
On further motion of the same Representative TABLED pending his motion to ACCEPT REPORT B Ought to Pass as Amended .
ROLL CALL NO. 138
(Yeas 79 – Nays 66 – Absent 6 – Excused 0)
Later today assigned.
6/2/2015 House Unfinished Business
6/3/2015 House Unfinished Business
6/4/2015 House Unfinished Business
6/5/2015 House Unfinished Business
6/8/2015 House Unfinished Business
6/9/2015 House Unfinished Business
6/10/2015 House Unfinished Business
6/11/2015 House Unfinished Business
6/12/2015 House Unfinished Business
6/15/2015 House Unfinished Business
6/17/2015 House Unfinished Business
6/17/2015 House Unfinished Business
6/18/2015 House Unfinished Business
6/19/2015 House Unfinished Business
6/22/2015 House Speaker laid before the House
Subsequently, REPORT B Ought to Pass as Amended was ACCEPTED.
ROLL CALL NO. 367
(Yeas 72 – Nays 70 – Absent 9 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “B” (H-246) was READ.
On motion of Representative CHAPMAN of Brooksville, House Amendment “A” (H-402) to Committee Amendment “B” (H-246) was READ and ADOPTED.
ROLL CALL NO. 368
(Yeas 79 – Nays 65 – Absent 7 – Excused 0)
Committee Amendment “B” (H-246) as Amended by House Amendment “A” (H-402) thereto ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “B” (H-246) as Amended by House Amendment “A” (H-402) thereto.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/23/2015 Senate Reports READ
On motion by Senator BRAKEY of Androscoggin Report A Ought to Pass As Amended Report ACCEPTED , in NON-CONCURRENCE.
Roll Call Ordered Roll Call # 334 27 Yeas – 7 Nays- 1 Excused – 0 Absent PREVAILED
READ ONCE
Committee Amendment “A” (H-245) READ and ADOPTED , in NON-CONCURRENCE.
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment “A” (H-245) , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/23/2015 House The House INSISTED on ACCEPTANCE of REPORT B Ought to Pass as Amended Report and PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “B” (H-246) as Amended by House Amendment “A” (H-402) thereto.
ORDERED SENT FORTHWITH.
6/23/2015 Senate On motion by Senator BRAKEY of Androscoggin The Senate INSISTED To ACCEPTANCE of Report A OUGHT TO PASS AS AMENDED Report AND PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-245) , in NON-CONCURRENCE.
Placed in Legislative Files (DEAD).

Bill Text

.

An Act To Stop the Abuse of Electronic Benefits Transfer Cards

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.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 607:


This information about LD 607 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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