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REFERENCE TITLE: food stamps; benefit cards; penalty |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2675 |
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Introduced by Representative Dial
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AN ACT
Amending section 13‑3701, Arizona Revised Statutes; amending title 46, chapter 2, article 1, Arizona Revised Statutes, by adding section 46‑219; relating to the supplemental nutrition assistance program.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3701, Arizona Revised Statutes, is amended to read:
13-3701. Unlawful use of food stamps; classification; definition
A. A person commits unlawful use of food stamps if such person knowingly:
1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission, impersonation or the failure to disclose a change in circumstances, by any other fraudulent device or in any other manner not authorized by law or by the state department of economic security; or
2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards; or
3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee.
4. Uses, after an unlawful transfer, the food stamps of another person.
B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6 felony if the value is over one hundred dollars. Unlawful use of food stamps under subsection A, paragraphs 2, and 3 and 4 is a class 5 felony.
C. For the purposes of this section, "food stamps" includes food stamp coupons and electronically transferred food stamp supplemental nutrition assistance program benefits.
Sec. 2. Title 46, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 46-219, to read:
46-219. Supplemental nutrition assistance program; electronic benefits transfer cards; identification
A. The department shall indicate the name of the recipient and shall include a photograph of the Recipient on any electronic benefits transfer card that is issued under the supplemental nutrition assistance program. The color of the electronic benefits transfer cards issued by the department under the supplemental nutrition assistance program shall be safety orange. The cards shall include in large black print the phrase "government food stamp card".
B. A retailer at an eligible grocery business, as defined in section 42-5101, shall require each person presenting an electronic benefits transfer card issued under the supplemental nutrition assistance program to also present identification demonstrating that the electronic benefits transfer card belongs to that person. The retailer may accept any form of identification that is described in 42 code of federal regulations section 435.407(a) or (e).