§ 167:7-b — Prohibited Use of Electronic Benefit Transfer Cards

New Hampshire § 167:7-b

• Jurisdiction: New Hampshire
• Title XII: PUBLIC SAFETY AND WELFARE
• Ch. 167: PUBLIC ASSISTANCE TO BLIND, AGED, OR DISABLED PERSONS, AND TO DEPENDENT CHILDREN

Text

I. Any person receiving public assistance is prohibited from using electronic benefit transfer (EBT) cards or cash obtained with EBT cards for the purpose of purchasing or participating in any activities in any location listed in paragraph II. Any person receiving public assistance who uses an EBT card in violation of paragraph II shall be subject to the following penalties:
(a) Suspension of cash assistance benefits for that person for 2 pay periods for the first offense.
(b) Suspension of cash assistance benefits for that person for 4 pay periods for the second offense.
(c) Suspension of cash assistance benefits for that person for 6 pay periods for the third and subsequent offense.
II. After January 1, 2014, the businesses listed in this paragraph shall not knowingly accept direct cash assistance funds held on electronic benefit transfer cards or cash obtained with electronic benefit transfer cards through any electronic fund transaction using an automated teller machine or point-of-sale device on the business premises. The following businesses are required to comply with this paragraph:
(a) State liquor stores and agency liquor stores established by or under the authority of the New Hampshire liquor commission.
(b) Off-premises retail licensees that exclusively or primarily sell beer, wine, or other alcoholic beverages.
(c) Gaming establishments licensed under the authority of New Hampshire racing and charitable gaming commission that also meet the definition of casino, gambling casino, or gaming establishment under the Social Security Act, 42 U.S.C. section 608(a)(12).
(d) Retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
(e) Business establishments primarily engaged in the practice of body piercing, branding, or tattooing.
(f) Cigar stores and stands, pipe stores, smoke shops, and tobacco shops using merchant category code 5993 identified in the Internal Revenue Bulletin 2004-31 Revenue Procedure 2004-43 and any subsequent Internal Revenue Service publication thereto.
(g) Marijuana dispensaries, excluding an alternative treatment center as defined in RSA 126-X:1, I.
III. The department may notify the licensing authority of any business listed in paragraph II in the event that such business has continued to allow the use of the EBT card in violation of this section. The licensing authority may take reasonable action as deemed appropriate under existing licensing provisions. Notwithstanding any provision of law to the contrary, the department is authorized to provide information and cooperate with the licensing authority regarding any investigation commenced under this section.
IV. Any business listed in paragraph II that knowingly accepts direct cash assistance funds held on electronic benefit transfer cards or cash obtained with electronic benefit transfer cards in violation of this section shall be guilty of a violation.

Legislative History

2013, 144:128, eff. Jan. 1, 2014. 2015, 269:1, eff. Sept. 18, 2015.