HLS 12RS-528 ENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 95
BY REPRESENTATIVES HENRY AND HAVARD
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) and (5), 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) and (5) are hereby11
enacted 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 ENGROSSED
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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
(3) That no FITAP assistance is remitted at any retailer for the purchase of17
an alcoholic beverage as defined in R.S. 14:93.10(3).18
* * *19
§231.13. Retailer fees for access Access to cash assistance benefits at retailers;20
prohibition on obtaining cash21
Retailers No retailer participating in the cash assistance electronic benefits22
transfer system are not prohibited from charging or assessing a fee against cash23
assistance recipients who are accessing benefits for the sole purpose of obtaining24
cash. Such fee shall not exceed the retailer's normal and customary check cashing25
fee assessed against the general public. Retailers shall not establish maximum limits26
for recipient access to cash assistance benefits. shall allow a cash assistance recipient27
to obtain cash through the use of an electronic benefits transfer card.28
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§450.1. Electronic authorization and distribution of public assistance benefits and1
services2
* * *3
B. The contract program selected to provide the electronic issuance system4
shall include but not be limited to:5
* * *6
(6) Provision, installation, and maintenance of automated teller machines,7
point of sale terminals, printers, and personal identification number "PIN" pads in8
the parish offices, in retail establishments which accept food stamps, and in other9
appropriate locations of participants in the program.10
C. The contract program shall also:11
* * *12
(3) Provide that the cash back provisions of the electronic issuance system13
shall not allow the merchant to charge the recipient reasonable and customary14
charges for the provision of provide any cash back services.15
(4) Ensure that no gaming establishment, liquor store, or sexually oriented16
business as defined in R.S. 46:231 participates as a merchant in the electronic17
issuance system.18
(5) Ensure that no FITAP assistance is remitted at any participating retailer19
for the purchase of an alcoholic beverage as defined in R.S. 14:93.10(3).20
* * *21
Section 2. The Department of Children and Family Services shall promulgate, in22
accordance with the Administrative Procedure Act, any rules necessary to implement the23
provisions of this Act.24 HLS 12RS-528 ENGROSSED
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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:
(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. 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. Provides further that no FITAP assistance is remitted at any
retailer for the purchase of an alcoholic beverage.
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. HLS 12RS-528 ENGROSSED
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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.
Provides that such contract program also ensure that no FITAP assistance is remitted at any
participating retailer for the purchase of an alcoholic beverage.
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) and (5))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added provision to proposed law which prohibits remittance of FITAP assistance
to any retailer for the purchase of an alcoholic beverage.
2. Made technical change.