HLS 12RS-528 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 95
BY REPRESENTATIVE HENRY
WELFARE: Prohibits the conversion to cash of Family Independence Temporary
Assistance Program (FITAP) benefits issued electronically and prohibits the use of
such benefits in liquor stores, gaming establishments, and sexually oriented
businesses
AN ACT1
To amend and reenact R.S. 46:231.13 and 450.1(B)(6) and (C)(3) and to enact R.S.2
46:231(15), (16), and (17), 231.2.1, and 450.1(C)(4), relative to aid to needy3
families; to provide for the Family Independence Temporary Assistance Program;4
to prohibit certain uses of Family Independence Temporary Assistance Program5
benefits; to provide limitations on retailers participating in the cash assistance6
electronic benefits transfer system; to provide for definitions; to authorize7
promulgation of rules; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 46:231.13 and 450.1(B)(6) and (C)(3) are hereby amended and10
reenacted and R.S. 46:231(15), (16), and (17), 231.2.1, and 450.1(C)(4) are hereby enacted11
to read as follows: 12
§231. Aid to needy families; definitions13
As used in this Subpart, unless the context clearly requires otherwise:14
* * *15
(15) "Gaming establishment" means any establishment which provides16
gaming activities which are subject to regulation by the Louisiana Gaming Control17
Board.18 HLS 12RS-528 ORIGINAL
HB NO. 95
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(16) "Liquor store" means any retail establishment which sells exclusively1
or primarily intoxicating liquor, except a grocery store which sells both intoxicating2
liquor and groceries including staple foods as defined in Section 3(r) of the Food and3
Nutrition Act of 2008.4
(17) "Sexually oriented business" means any commercial enterprise which5
has as its primary business the offering of a service or the sale, rent, or exhibit of6
devices or any other items intended to provide sexual stimulation or sexual7
gratification to the customer.8
* * *9
§231.2.1. Prohibition on use of benefits10
The department shall develop and maintain such policies as are necessary to11
ensure the following:12
(1) That no FITAP assistance is used in any transaction in a liquor store,13
gaming establishment, or sexually oriented business.14
(2) That no FITAP assistance issued on an electronic benefits transfer card15
is drawn in the form of cash from an automated teller machine or a retailer.16
* * *17
§231.13. Retailer fees for access Access to cash assistance benefits at retailers;18
prohibition on obtaining cash19
Retailers No retailer participating in the cash assistance electronic benefits20
transfer system are not prohibited from charging or assessing a fee against cash21
assistance recipients who are accessing benefits for the sole purpose of obtaining22
cash. Such fee shall not exceed the retailer's normal and customary check cashing23
fee assessed against the general public. Retailers shall not establish maximum limits24
for recipient access to cash assistance benefits. shall allow a cash assistance recipient25
to obtain cash through the use of an electronic benefits transfer card.26
* * *27
§450.1. Electronic authorization and distribution of public assistance benefits and28
services29
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HB NO. 95
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B. The contract program selected to provide the electronic issuance system1
shall include but not be limited to:2
* * *3
(6) Provision, installation, and maintenance of automated teller machines,4
point of sale terminals, printers, and personal identification number "PIN" pads in5
the parish offices, in retail establishments which accept food stamps, and in other6
appropriate locations of participants in the program.7
C. The contract program shall also:8
* * *9
(3) Provide that the cash back provisions of the electronic issuance system10
shall not allow the merchant to charge the recipient reasonable and customary11
charges for the provision of provide any cash back services.12
(4) Ensure that no gaming establishment, liquor store, or sexually oriented13
business as defined in R.S. 46:231 participates as a merchant in the electronic14
issuance system.15
* * *16
Section 2. The Department of Children and Family Services shall promulgate, in17
accordance with the Administrative Procedure Act, any rules necessary to implement the18
provisions of this Act.19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 95
Abstract: Prohibits the conversion to cash of Family Independence Temporary Assistance
Program (FITAP) benefits issued electronically and prohibits the use of such benefits
in liquor stores, gaming establishments, and sexually oriented businesses.
Present law provides that the Family Independence Temporary Assistance Program (FITAP)
is the cash assistance program for needy families of this state established pursuant to the
Federal Welfare Reform Act of 1996.
Proposed law provides the following definitions: HLS 12RS-528 ORIGINAL
HB NO. 95
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are additions.
(1)"Gaming establishment" means any establishment which provides gaming activities
which are subject to regulation by the La. Gaming Control Board.
(2)"Liquor store" means any retail establishment which sells exclusively or primarily
intoxicating liquor, except a grocery store which sells both intoxicating liquor and
groceries including staple foods as defined in Section 3(r) of the Food and Nutrition
Act of 2008.
(3)"Sexually oriented business" means any commercial enterprise which has as its
primary business the offering of a service or the sale, rent, or exhibit of devices or
any other items intended to provide sexual stimulation or sexual gratification to the
customer.
Proposed law provides that the Dept. of Children and Family Services (DCFS) shall ensure
that no FITAP assistance is used in any transaction in a liquor store, gaming establishment,
or sexually oriented business.
Proposed law provides that DCFS shall ensure that no FITAP assistance issued on an
electronic benefits transfer card is drawn in the form of cash from an automated teller
machine or a retailer.
Present law provides that retailers participating in the cash assistance electronic benefits
transfer (EBT) system are not prohibited from charging or assessing a fee against cash
assistance recipients who are accessing benefits for the sole purpose of obtaining cash.
Proposed law amends present law to provide that no retailer participating in the cash
assistance EBT system shall allow a cash assistance recipient to obtain cash through the use
of an electronic benefits transfer card.
Proposed law deletes present law which provides that the contract program selected by
DCFS to provide the electronic benefits issuance system shall install and maintain automated
teller machines in DCFS parish offices, in retail establishments which accept food stamps,
and in other appropriate locations of participants in the program.
Present law provides that the contract program selected by DCFS to provide the electronic
benefits issuance system shall ensure that such system allows the merchant to charge the
recipient reasonable and customary charges for the provision of cash back services.
Proposed law amends present law to provide that such system shall not allow a merchant to
provide any cash back services.
Proposed law provides that the contract program selected by DCFS to provide the electronic
benefits issuance system shall ensure that no gaming establishment, liquor store, or sexually
oriented business as defined in proposed law participates as a merchant in the system.
Proposed law provides that DCFS shall promulgate, in accordance with the Administrative
Procedure Act, any rules necessary to implement the provisions of proposed law.
(Amends R.S. 46:231.13 and 450.1(B)(6) and (C)(3); Adds R.S. 46:231(15), (16), and (17),
231.2.1, and 450.1(C)(4))