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Regular Session, 2014
HOUSE BILL NO. 1176
BY REPRESENTATIVE BROADWATER
TANF: Provides for restrictions on use of TANF cash assistance and electronic benefits
transfer (EBT) cards
AN ACT1
To amend and reenact R.S. 46:114.4(C), 231, and 237 and to enact R.S. 46:231.3 and2
231.14, relative to aid to needy families; to provide for duties and functions of the3
Department of Children and Family Services in administering cash assistance4
provided through the Temporary Assistance for Needy Families program; to provide5
for restrictions on uses of Family Independence Temporary Assistance Program6
benefits and Kinship Care Subsidy Program benefits; to restrict uses of electronic7
benefits transfer cards; to establish certain restrictions and prohibitions on retailers8
and other businesses participating in the electronic benefits transfer system; to9
provide for penalties; to provide for appeals; to provide relative to the Fraud10
Detection Fund; to provide for definitions; to authorize promulgation of rules; and11
to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 46:114.4(C), 231, and 237 are hereby amended and reenacted and14
R.S. 46:231.3 and 231.14 are hereby enacted to read as follows:15
§114.4. Fraud Detection Fund16
* * *17
C.(1) After compliance with the requirements of Article VII, Section 9(B)18
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,19 HB NO. 1176
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and prior to monies being placed in the state general fund, the following amounts1
shall be credited to the fund:2
(a) An an amount equal to that deposited as required by Subsection B of this3
Section shall be credited to the fund.4
(b) An amount equal to that deposited in accordance with R.S. 46:231.14(G).5
(2) The monies in this fund shall be used solely as provided by Subsection6
D hereof and only in the amounts appropriated by the legislature. The monies in this7
fund shall be invested by the state treasurer in the same manner as monies in the state8
general fund, and interest earned on the investment of these monies shall be credited9
to this fund, again, following compliance with the requirement of Article VII,10
Section 9(B) of the Constitution of Louisiana relative to the Bond Security and11
Redemption Fund.12
* * *13
§231. Aid to needy families; definitions14
As used in this Subpart, unless the context clearly requires otherwise:15
(1) "Adult paraphernalia store" means an establishment that has as a16
substantial or significant portion of its stock clothing, objects, tools, toys, or any17
other items distinguished or characterized by their association with sexual activity,18
including sexual conduct or sexual excitement.19
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any20
other building, structure, or place in which activities providing amusement, pleasure,21
thrills, or excitement are offered.22
(b) "Amusement attraction" does not include any enterprise principally23
devoted to the exhibition of products of agriculture, industry, education, science,24
religion, or the arts.25
(3) "Amusement ride" means any mechanized device or combination of26
devices which carries passengers along, around, or over a fixed or restricted course27
for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.28
"Amusement ride" includes inflatables.29 HB NO. 1176
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(1) (4) "Applicant" means a parent or relative of the parent who applies for1
FITAP on behalf of a child.2
(5) "Automated teller machine" means an electronic hardware device owned3
or operated by or on behalf of a financial institution or retailer that is capable of4
dispensing currency and responding to balance inquiries through the use of a5
magnetic stripe card issued by or on behalf of the state for distribution of assistance6
through an electronic benefits transfer system as described in this Subpart.7
(6) "Bail" means security given by a person to assure his appearance, or the8
appearance of a third party, before the proper court whenever required.9
(7) "Bar" means a business that holds a Class A-General retail permit and the10
primary purpose of such business is to serve alcoholic beverages for consumption by11
guests on the premises and in which the serving of food is only incidental to the12
consumption of those beverages. Bars include, without limitation, taverns, saloons,13
nightclubs, cocktail lounges, and cabarets.14
(8) "Cash assistance" means funds that the department provides through the15
Family Independence Temporary Assistance Program and the Kinship Care Subsidy16
Program to eligible beneficiaries for the purpose of assisting those persons in17
meeting ongoing basic needs.18
(9) "Commercial body art facility" means any location, place, area, or19
business, whether permanent or temporary, that provides consumers access to20
personal services workers who for remuneration perform any of the following21
procedures:22
(a) Tattooing or inserting pigment under the surface of the skin of a human23
being, by pricking with a needle or otherwise, to produce an indelible mark or figure24
visible under the skin.25
(b) Body piercing or the creation of an opening in the body of a human being26
for the purpose of inserting jewelry or other decoration. For purposes of this27
Subpart, "body piercing" does not include piercing an ear with a disposable, single-28 HB NO. 1176
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use stud or solid needle that is applied using a mechanical device to force the needle1
or stud through the ear.2
(c) Application of permanent cosmetics or pigments under the skin of a3
human being for the purpose of permanently changing the color or other appearance4
of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.5
(10) "Cruise ship" means any commercial ship used for the domestic or6
international carriage of passengers.7
(3) (11) "Department" means the Department of Children and Family8
Services.9
(4) (12) "Dependent child", in accordance with federal law and regulations10
relative to the TANF program, shall mean a needy child who meets all of the11
following criteria:12
(a) A needy child under the age of eighteen or needy child under the age of13
nineteen who is a full-time student in a secondary school, or in the equivalent level14
of vocational or technical training, who may reasonably be expected to complete the15
program of such secondary school or training before attaining the age of nineteen.16
(b) The child is living with his father, mother, stepfather, stepmother, or17
other relative, within fifth degree, in a place of residence maintained by one or more18
of such relatives as his or their own home. For the purposes of this Subpart, all such19
persons shall be deemed as relatives, whether their relationship to the dependent20
child was acquired by adoption, marriage, or birth, and neither divorce nor death21
shall terminate such relationship.22
(13) "Electronic benefits transfer transaction" and "EBT transaction" mean23
the use of a credit or debit card service, automated teller machine, point-of-sale24
terminal, or access to an online system for the withdrawal of funds.25
(5) (14) "Family Independence Temporary Assistance Program" or "FITAP"26
means the cash assistance program.27
(6) (15) "Family Success Agreement" means the mutually developed28
contract between a FITAP recipient, on behalf of their family, and the department29 HB NO. 1176
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that sets forth mutual and time-bound responsibilities, expectations, activities, and1
goals designed to transition a participant from welfare to self-sufficiency.2
(7) (16) "Federal Welfare Reform Act" means the federal Personal3
Responsibility and Work Opportunity Reconciliation (PRWORA) Act of 1996,4
Public Law 104-193, and applicable changes due to its reauthorization.5
(17)(a) "Gaming establishment" means a gambling casino and any other6
establishment which provides gaming activities that are subject to regulation by the7
Louisiana Gaming Control Board.8
(b) "Gaming establishment" does not include either of the following:9
(i) A grocery store that sells groceries including staple foods and that also10
offers, or is located within the same building or complex as, casino activities,11
gambling, or gaming activities.12
(ii) Any establishment that offers casino, gambling, or gaming activities that13
are incidental to the principal purpose of the business.14
(18) "Jewelry" means an object or thing consisting of precious stones or15
precious metals worn as adornment or apparel, including costume jewelry.16
(19)(a) "Liquor store" means any retail establishment that sells exclusively17
or primarily intoxicating liquor.18
(b) "Liquor store" does not include a grocery store that sells both19
intoxicating liquor and groceries, including staple foods.20
(20) "Nail salon" means a commercial establishment that provides nail21
services of any kind including but not limited to trimming, filing, decorating,22
shaping, sculpting, or in any way caring for the nails and skin of a person's hands or23
feet together with massaging the hands, arms, legs, and feet.24
(21) "Point-of-sale terminal" means an electronic hardware device that meets25
all of the following criteria:26
(a) May be utilized at a retailer's place of business where consumers pay for27
goods or services.28
(b) Is capable of the following:29 HB NO. 1176
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(i) Initiating a request for authorization of a purchase of tangible personal1
property.2
(ii) Disbursing currency from an account.3
(iii) Initiating a balance inquiry for an account.4
(iv) Distributing assistance through an electronic benefits transfer system as5
described in this Subpart.6
(22) "Psychic" means any person or establishment engaged in the occupation7
of occult science including a fortune teller, palmist, astrologist, numerologist,8
clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader,9
prophet, or advisor who in any manner claims or pretends to tell fortunes or claims10
or pretends to disclose mental faculties of individuals for any form of compensation.11
(8) (23) "Recipient" or "FITAP recipient" means the parent or a relative of12
the parent who receives FITAP on behalf of a dependent child.13
(9) (24) "Secretary" means the secretary of the Department of Children and14
Family Services.15
(25) "Sexually oriented business" means any commercial enterprise that has16
as its primary business the offering of a service or the sale, rent, or exhibit of devices17
or any other items intended to provide sexual stimulation or sexual gratification to18
the customer.19
(10) (26) "State plan" means the state TANF block grant plan.20
(11) (27) "Strategies to Empower People" or "STEP" means the education,21
employment, training and related services program for families receiving cash22
assistance payments.23
(12) (28) "Temporary Assistance to Needy Families" or "TANF" means the24
federal block grant program established under the Personal Responsibility and Work25
Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable26
changes due to its reauthorization.27
(14) (29) "Work-eligible" refers to families containing an adult under sixty28
years of age, or teen head of household, that is not disabled, incapacitated, or caring29 HB NO. 1176
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for a family member who is disabled or incapacitated as documented by a medical1
expert to which the status of disability is clearly established and explained. "Work-2
eligible" also excludes cases in which only the child portion of need that is unrelated3
to a sanction or penalty, known as a child-only case, is considered in determining4
eligibility.5
* * *6
§231.3. FITAP benefits; prohibited uses7
A. A person who receives FITAP benefits shall not use such benefits in an8
electronic benefits transfer transaction in any of the following places:9
(1) A liquor store.10
(2) A gaming establishment.11
(3) A retail establishment that provides adult-oriented entertainment in12
which performers disrobe or perform in an unclothed state for entertainment13
purposes.14
(4) An adult bookstore.15
(5) An adult paraphernalia store.16
(6) A sexually oriented business.17
(7) A commercial body art facility.18
(8) A nail salon.19
(9) A jewelry store.20
(10) An amusement ride.21
(11) An amusement attraction.22
(12) A bail bonds company.23
(13) A bar.24
(14) A cruise ship.25
(15) A psychic business.26
(16) An establishment where persons under eighteen years of age are not27
permitted to enter.28 HB NO. 1176
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B. A person who receives FITAP benefits shall not use such benefits in any1
electronic benefits transfer transaction at a retailer for the purchase of any of the2
following:3
(1) An alcoholic beverage as defined in R.S. 14:93.10.4
(2) A tobacco product as defined in R.S. 14:91.6(B).5
(3) A ticket for a lottery as defined in R.S. 47:9002.6
(4) Jewelry as defined in R.S. 46:231.7
C. The FITAP case of any recipient who violates the provisions of this8
Section shall be closed in accordance with the following schedule:9
(1) Case closure for a period of twelve months for the first violation.10
(2) Case closure for a period of twenty-four months for the second violation.11
(3) Permanent case closure for the third violation.12
D. A person whose FITAP case is closed pursuant to the provisions of this13
Section shall have the right to a hearing conducted in accordance with the14
Administrative Procedure Act.15
* * *16
§231.14. Prohibited retailers, goods, and services; penalties; appeals17
A. No retailer or other business establishment that participates in the cash18
assistance electronic benefits transfer system shall accept the electronic benefits19
transfer card in payment for any of the following:20
(1) An alcoholic beverage as defined in R.S. 14:93.10.21
(2) A tobacco product as defined in R.S. 14:91.6(B).22
(3) A ticket for a lottery as defined in R.S. 47:9002.23
(4) Jewelry as defined in R.S. 46:231.24
B. The following retailers and business establishments are prohibited from25
conducting any electronic benefits transfer transaction:26
(1) A liquor store.27
(2) A gaming establishment.28 HB NO. 1176
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(3) A retail establishment that provides adult-oriented entertainment in1
which performers disrobe or perform in an unclothed state for entertainment2
purposes.3
(4) An adult bookstore.4
(5) An adult paraphernalia store.5
(6) A sexually oriented business.6
(7) A commercial body art facility.7
(8) A nail salon.8
(9) A jewelry store.9
(10) An amusement ride.10
(11) An amusement attraction.11
(12) A bail bonds company.12
(13) A bar.13
(14) A cruise ship.14
(15) A psychic business.15
(16) An establishment where persons under eighteen years of age are not16
permitted to enter.17
C.(1) Except as provided in Paragraph (2) of this Subsection, on or before18
January 1, 2015, each business of any type described in Subsection B of this Section19
that has an automated teller machine or point of sale terminal on its premises shall20
disable access to electronic cash assistance benefits through such machine or21
terminal.22
(2) The provisions of Paragraph (1) of this Subsection shall not apply to any23
business approved by the Food and Nutrition Service of the United States24
Department of Agriculture as a retailer in the Supplemental Nutrition Assistance25
Program of this state.26
D. A retailer or other business establishment that violates any provision of27
Subsection A or B of this Section shall be subject to the following civil fines:28
(1) Five hundred dollars for the first violation.29 HB NO. 1176
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(2) One thousand dollars for the second violation.1
(3) Two thousand five hundred dollars for the third violation and each2
violation thereafter.3
E.(1) The department shall promulgate rules and regulations in accordance4
with the Administrative Procedure Act to effectuate the provisions of this Section.5
The rules and regulations shall provide, at minimum, for notice to a retailer or other6
business establishment of any violation, and for an appeal procedure including7
judicial review.8
(2) The appeal provided for in this Subsection shall be suspensive. Each9
appeal initiated pursuant to this Subsection shall be heard by the division of10
administrative law in accordance with the applicable provisions of Chapter 13-B of11
Title 49 of the Louisiana Revised Statutes of 1950.12
(3) The division of administrative law shall furnish to the department and13
retailer or other business establishment a copy of the decision rendered in the appeal14
and written notice of the manner for requesting judicial review.15
(4) Authority to impose the fines provided for in Subsection D of this16
Section shall commence on the effective date of rules promulgated by the department17
to implement the provisions of this Section.18
F. The department may institute any civil court action necessary to collect19
fines imposed pursuant to this Section and not timely appealed. Interest shall begin20
to accrue at the current judicial rate on the day following the date on which any fines21
become due and payable. All costs of any successful action to collect such fines,22
including travel expenses and reasonable attorney fees, shall be awarded to the23
department in addition to the fines.24
G.(1) Civil fines collected pursuant to the provisions of this Section shall be25
deposited immediately into the state treasury.26
(2) After compliance with the requirements of Article VII, Section 9(B) of27
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,28
and prior to the monies being placed in the state general fund, an amount equal to the29 HB NO. 1176
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amount deposited as provided in Paragraph (1) of this Subsection shall be credited1
to the Fraud Detection Fund created by R.S. 46:114.4.2
(3) Monies in the Fraud Detection Fund may be appropriated by the3
legislature to the office of children and family services of the department in the4
manner prescribed by and for the purposes specified in R.S. 46:114.4(D).5
* * *6
§237. Kinship Care Subsidy Program7
A. Creation. There is hereby established a Kinship Care Subsidy Program8
in the office of children and family services of the Department of Children and9
Family Services, for the purpose of assisting eligible kinship caregivers, including10
grandparents, step-grandparents, or other adult relatives within the fifth degree who11
have legal custody or guardianship of their minor relatives.12
B. Definitions. For purposes of this Section:13
(1) "Adult paraphernalia store" means an establishment that has as a14
substantial or significant portion of its stock clothing, objects, tools, toys, or any15
other items distinguished or characterized by their association with sexual activity,16
including sexual conduct or sexual excitement.17
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any18
other building, structure, or place in which activities providing amusement, pleasure,19
thrills, or excitement are offered.20
(b) "Amusement attraction" does not include any enterprise principally21
devoted to the exhibition of products of agriculture, industry, education, science,22
religion, or the arts.23
(3) "Amusement ride" means any mechanized device or combination of24
devices which carries passengers along, around, or over a fixed or restricted course25
for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.26
"Amusement ride" includes inflatables.27
(4) "Automated teller machine" means an electronic hardware device owned28
or operated by or on behalf of a financial institution or retailer that is capable of29 HB NO. 1176
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dispensing currency and responding to balance inquiries through the use of a1
magnetic stripe card issued by or on behalf of the state for distribution of assistance2
through an electronic benefits transfer system as described in Subpart A of this Part.3
(5) "Bail" means security given by a person to assure his appearance, or the4
appearance of a third party, before the proper court whenever required.5
(6) "Bar" means a business that holds a Class A-General retail permit and the6
primary purpose of such business is to serve alcoholic beverages for consumption by7
guests on the premises and in which the serving of food is only incidental to the8
consumption of those beverages. Bars include, without limitation, taverns, saloons,9
nightclubs, cocktail lounges, and cabarets.10
(7) "Cash assistance" means funds that the department provides through the11
Family Independence Temporary Assistance Program and the Kinship Care Subsidy12
Program to eligible beneficiaries for the purpose of assisting those persons in13
meeting ongoing basic needs.14
(8) "Commercial body art facility" means any location, place, area, or15
business, whether permanent or temporary, that provides consumers access to16
personal services workers who for remuneration perform any of the following17
procedures:18
(a) Tattooing or inserting pigment under the surface of the skin of a human19
being, by pricking with a needle or otherwise, to produce an indelible mark or figure20
visible under the skin.21
(b) Body piercing or the creation of an opening in the body of a human being22
for the purpose of inserting jewelry or other decoration. For purposes of this23
Subpart, "body piercing" does not include piercing an ear with a disposable, single-24
use stud or solid needle that is applied using a mechanical device to force the needle25
or stud through the ear.26
(c) Application of permanent cosmetics or pigments under the skin of a27
human being for the purpose of permanently changing the color or other appearance28
of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.29 HB NO. 1176
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(9) "Cruise ship" means any commercial ship used for the domestic or1
international carriage of passengers.2
(10) "Electronic benefits transfer transaction" and "EBT transaction" mean3
the use of a credit or debit card service, automated teller machine, point-of-sale4
terminal, or access to an online system for the withdrawal of funds.5
(11)(a) "Gaming establishment" means a gambling casino and any other6
establishment which provides gaming activities that are subject to regulation by the7
Louisiana Gaming Control Board.8
(b) "Gaming establishment" does not include either of the following:9
(i) A grocery store that sells groceries including staple foods and that also10
offers, or is located within the same building or complex as, casino activities,11
gambling, or gaming activities.12
(ii) Any establishment that offers casino, gambling, or gaming activities that13
are incidental to the principal purpose of the business.14
(12) "Jewelry" means an object or thing consisting of precious stones or15
precious metals worn as adornment or apparel, including costume jewelry.16
(1) (13) "Kinship caregiver" means the grandparent, step-grandparent, aunt,17
uncle, or other adult relative within the fifth degree of consanguinity.18
(14)(a) "Liquor store" means any retail establishment that sells exclusively19
or primarily intoxicating liquor.20
(b) "Liquor store" does not include a grocery store that sells both21
intoxicating liquor and groceries, including staple foods.22
(2) (15) "Minor relative" means a grandchild, step-grandchild, or other minor23
relative not the natural or adopted child of the kinship caregiver who is under24
eighteen years of age and who meets the definition of "dependent child" specified25
in R.S. 46:231(3)(a).26
(16) "Nail salon" means a commercial establishment that provides nail27
services of any kind including but not limited to trimming, filing, decorating,28 HB NO. 1176
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shaping, sculpting, or in any way caring for the nails and skin of a person's hands or1
feet together with massaging the hands, arms, legs, and feet.2
(17) "Point-of-sale terminal" means an electronic hardware device that meets3
all of the following criteria:4
(a) May be utilized at a retailer's place of business where consumers pay for5
goods or services.6
(b) Is capable of the following:7
(i) Initiating a request for authorization of a purchase of tangible personal8
property.9
(ii) Disbursing currency from an account.10
(iii) Initiating a balance inquiry for an account.11
(iv) Distributing assistance through an electronic benefits transfer system as12
described in Subpart A of this Part.13
(18) "Psychic" means any person or establishment engaged in the occupation14
of occult science including a fortune teller, palmist, astrologist, numerologist,15
clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader,16
prophet, or advisor who in any manner claims or pretends to tell fortunes or claims17
or pretends to disclose mental faculties of individuals for any form of compensation.18
(19) "Sexually oriented business" means any commercial enterprise that has19
as its primary business the offering of a service or the sale, rent, or exhibit of devices20
or any other items intended to provide sexual stimulation or sexual gratification to21
the customer.22
C. Eligibility. To be eligible to qualify for a subsidy under the program, a23
kinship caregiver of a minor relative shall meet the following requirements:24
(1) Possess or obtain, within one year of enrolling in the program, legal25
custody or guardianship of a minor relative who is living in his home.26
(2) Have an annual income of less than one hundred fifty percent of the27
federal poverty threshold, in accordance with the size of the family applying for the28
subsidy.29 HB NO. 1176
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(3) Apply for benefits through the Family Independence Temporary1
Assistance Program (FITAP).2
(4) Have neither of the minor relative's parents residing in applicant's3
household.4
(5) Agree to pursue the enforcement of child support obligations against the5
parents of the minor relative with the assistance of the Department of Children and6
Family Services in accordance with applicable law.7
D. Disqualification. Any kinship caregiver convicted of a felony of8
possession, use, or distribution of a controlled substance as defined in 21 U.S.C.9
802(6) of the Controlled Substances Act shall be disqualified from applying for a10
subsidy under this Section for one year from the date of conviction, or if11
incarcerated, for one year from the date of release from incarceration.12
E. Subsidy amounts. The office of children and family services shall13
promulgate rules and regulations to establish the amount of the subsidy to be14
awarded on behalf of each minor relative.15
F. Rules, regulations and procedures. The office of children and family16
services shall promulgate rules and regulations to provide for any other eligibility17
requirements which are reasonably necessary to administer the Kinship Care Subsidy18
Program in accordance with this Section and any federal requirements, to promote19
the safety and well-being of any minor relative for whom subsidies are issued, and20
to establish procedures for reconsideration of eligibility of applicants no less than21
annually.22
G. Administration and funding. The subsidy provided for in this Section23
shall be administered by the office of children and family services and funded24
through the TANF block grant.25
H. Prohibited uses of benefits. (1) A recipient of Kinship Care Subsidy26
Program benefits shall not use such benefits in an electronic benefits transfer27
transaction in any of the following places:28
(a) A liquor store.29 HB NO. 1176
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(b) A gaming establishment.1
(c) A retail establishment that provides adult-oriented entertainment in which2
performers disrobe or perform in an unclothed state for entertainment purposes.3
(d) An adult bookstore.4
(e) An adult paraphernalia store.5
(f) A sexually oriented business.6
(g) A commercial body art facility.7
(h) A nail salon.8
(i) A jewelry store.9
(j) An amusement ride.10
(k) An amusement attraction.11
(l) A bail bonds company.12
(m) A bar.13
(n) A cruise ship.14
(o) A psychic business.15
(p) An establishment where persons under eighteen years of age are not16
permitted to enter.17
(2) A recipient of Kinship Care Subsidy Program benefits shall not use such18
benefits in any electronic benefits transfer transaction at a retailer for the purchase19
of any of the following:20
(a) An alcoholic beverage as defined in R.S. 14.93.10.21
(b) A tobacco product as defined in R.S. 14.91.6(B).22
(c) A ticket for a lottery as defined in R.S. 47:9002.23
(d) Jewelry as defined in R.S. 46:231.24
(3) The Kinship Care Subsidy Program case of any recipient who violates25
the provisions of this Section shall be closed in accordance with the following26
schedule:27
(1) Case closure for a period of twelve months for the first violation.28
(2) Case closure for a period of twenty-four months for the second violation.29 HB NO. 1176
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are additions.
(3) Permanent case closure for the third violation.1
(4) A recipient whose Kinship Care Subsidy Program case is closed pursuant2
to the provisions of this Subsection shall have the right to a hearing pursuant to the3
Administrative Procedure Act.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Broadwater HB No. 1176
Abstract: Provides for restrictions on use of cash assistance benefits delivered through the
Family Independence Temporary Assistance Program and the Kinship Care Subsidy
Program; and for restrictions on use by recipients and acceptance by businesses of
electronic benefits transfer (EBT) cards.
Present law provides for duties and functions of the Department of Children and Family
Services (DCFS) in administering the following cash assistance programs of the Temporary
Assistance for Needy Families block grant:
(1)Family Independence Temporary Assistance Program (FITAP), which provides cash
assistance to needy families for the purpose of assisting those families in meeting
basic needs.
(2)Kinship Care Subsidy Program (KCSP), which provides cash assistance for
financially needy kinship caregivers, including grandparents, step-grandparents, and
other adult relatives within the fifth degree of consanguinity who have legal custody
or guardianship of minor relatives.
Proposed law retains present law and adds thereto the following definitions:
(1)"Adult paraphernalia store" means an establishment that has as a substantial or
significant portion of its stock clothing, objects, tools, toys, or any other items
distinguished or characterized by their association with sexual activity, including
sexual conduct or sexual excitement.
(2)"Amusement attraction" means a movie theater, video arcade, or any other building,
structure, or place in which activities providing amusement, pleasure, thrills, or
excitement are offered. "Amusement attraction" does not include any enterprise
principally devoted to the exhibition of products of agriculture, industry, education,
science, religion, or the arts. HB NO. 1176
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are additions.
(3)"Amusement ride" means any mechanized device or combination of devices which
carries passengers along, around, or over a fixed or restricted course for the purpose
of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement
ride" includes inflatables.
(4)"Bail" means security given by a person to assure his appearance, or the appearance
of a third party, before the proper court whenever required.
(5)"Bar" means a business that holds a Class A-General retail permit and the primary
purpose of such business is to serve alcoholic beverages for consumption by guests
on the premises and in which the serving of food is only incidental to the
consumption of those beverages.
(6)"Commercial body art facility" means any location, place, area, or business, whether
permanent or temporary, that provides consumers access to personal services
workers who for remuneration perform any of the following procedures:
(a)Tattooing or inserting pigment under the surface of the skin of a human
being, by pricking with a needle or otherwise, to produce an indelible mark
or figure visible under the skin.
(b)Body piercing or the creation of an opening in the body of a human being for
the purpose of inserting jewelry or other decoration; with the exception of
piercing an ear with a disposable, single-use stud or solid needle applied
using a mechanical device to force the needle or stud through the ear.
(c)Application of permanent cosmetics or pigments under the skin of a human
being for the purpose of permanently changing the color or other appearance
of the skin, including but not limited to permanent eyeliner, eye shadow, or
lip color.
(7)"Cruise ship" means any commercial ship used for the domestic or international
carriage of passengers.
(8)"Gaming establishment" means a gambling casino and any other establishment
which provides gaming activities that are subject to regulation by the Louisiana
Gaming Control Board. "Gaming establishment" does not include either of the
following:
(a)A grocery store that sells groceries including staple foods and that also
offers, or is located within the same building or complex as, casino activities,
gambling, or gaming activities.
(b)Any establishment that offers casino, gambling, or gaming activities that are
incidental to the principal purpose of the business.
(9)"Jewelry" means an object or thing consisting of precious stones or precious metals
worn as adornment or apparel, including costume jewelry.
(10)"Liquor store" means any retail establishment that sells exclusively or primarily
intoxicating liquor, but does not include a grocery store that sells both intoxicating
liquor and groceries, including staple foods.
(11)"Nail salon" means a commercial establishment that provides nail services of any
kind including but not limited to trimming, filing, decorating, shaping, sculpting, or
in any way caring for the nails and skin of a person's hands or feet together with
massaging the hands, arms, legs, and feet. HB NO. 1176
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are additions.
(12)"Psychic" means any person or establishment engaged in the occupation of occult
science including a fortune teller, palmist, astrologist, numerologist, clairvoyant,
craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or
advisor who in any manner claims or pretends to tell fortunes or claims or pretends
to disclose mental faculties of individuals for any form of compensation.
(13)"Sexually oriented business" means any commercial enterprise that 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 prohibits FITAP beneficiaries and KCSP beneficiaries from expending cash
assistance in an electronic benefits transfer transaction at any of the following places:
Liquor store; gaming establishment; retail establishment that provides adult-oriented
entertainment in which performers disrobe or perform in an unclothed state for entertainment
purposes; adult bookstore; adult paraphernalia store; sexually oriented business; commercial
body art facility; nail salon; jewelry store; amusement ride; amusement attraction; bail bonds
company; bar; cruise ship; psychic business; any establishment where persons under 18 are
not permitted to enter.
Proposed law further prohibits FITAP beneficiaries and KCSP beneficiaries from expending
cash assistance benefits in any electronic benefits transfer transaction at a retailer for the
purchase of any of the following:
(1)An alcoholic beverage as defined in present law, R.S. 14:93.10.
(2)A tobacco product as defined in present law, R.S. 14:91.6(B).
(3)A ticket for a lottery as defined in present law, R.S. 47:9002.
(4)Jewelry as defined in proposed law.
Proposed law authorizes DCFS to close the FITAP case of any recipient who violates the
provisions of proposed law in accordance with the following schedule:
(1)Case closure for a period of 12 months for the first violation.
(2)Case closure for a period of 24 months for the second violation.
(3)Permanent case closure for the third violation.
Proposed law provides that a cash assistance recipient whose case is closed pursuant to
proposed law shall have the right to a hearing conducted in accordance with the
Administrative Procedure Act.
Present law provides relative to retailers and other business establishments that participate
in the cash assistance electronic benefits transfer system. Proposed law retains present law
and adds thereto a prohibition on such businesses accepting the electronic benefits transfer
card in payment for any of the following:
(1)An alcoholic beverage as defined in present law, R.S. 14:93.10.
(2)A tobacco product as defined in present law, R.S. 14:91.6(B).
(3)A ticket for a lottery as defined in present law, R.S. 47:9002.
(4)Jewelry as defined in proposed law. HB NO. 1176
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are additions.
Proposed law prohibits the following retailers and business establishments from conducting
any electronic benefits transfer transaction: liquor store; gaming establishment; retail
establishment that provides adult-oriented entertainment in which performers disrobe or
perform in an unclothed state for entertainment purposes; adult bookstore; adult
paraphernalia store; sexually oriented business; commercial body art facility; nail salon;
jewelry store; amusement ride; amusement attraction; bail bonds company; bar; cruise ship;
psychic business; any establishment where persons under 18 are not permitted to enter.
With the exception of businesses approved as retailers in the Supplemental Nutrition
Assistance Program of this state, proposed law requires each business that is subject to the
prohibitions of proposed law and has an automated teller machine or point-of-sale terminal
on its premises to disable access to electronic cash assistance benefits through such machine
or terminal.
Proposed law provides that any business that violates proposed law shall be subject to the
following civil fines:
(1)$500 for the first violation.
(2)$1,000 for the second violation.
(3)$2,500 for the third violation and each violation thereafter.
Proposed law requires DCFS to promulgate rules and regulations to effectuate the provisions
of proposed law. Stipulates that the rules and regulations shall provide, at minimum, for
notice to a retailer or other business establishment of any violation, and for an appeal
procedure including judicial review.
Proposed law establishes that the appeal procedure provided for therein shall be suspensive.
Provides that each appeal initiated pursuant to proposed law shall be heard by the division
of administrative law in accordance with the applicable provisions of the Administrative
Procedure Act.
Proposed law requires the division of administrative law to furnish to DCFS and the retailer
or other business a copy of the decision rendered in the appeal and written notice of the
manner for requesting judicial review.
Proposed law provides that authority to impose the fines established therein shall commence
on the effective date of the rules promulgated pursuant to proposed law.
Proposed law authorizes DCFS to institute any civil court action necessary to collect fines
imposed pursuant to proposed law and not timely appealed. Provides that interest shall
begin to accrue at the current judicial rate on the day following the date on which any fines
become due and payable. Further provides that all costs of any successful action to collect
such fines, including travel expenses and reasonable attorney fees, shall be awarded to DCFS
in addition to the fines.
Proposed law provides that monies DCFS collects through civil fines imposed pursuant to
proposed law shall be deposited in the Fraud Detection Fund established in present law, R.S.
46:114.4. Provides by reference that the monies in the fund may be appropriated by the
legislature to DCFS for the enhancement of fraud detection and recovery activities; and that
these funds shall not be used to replace, displace, or supplant state general funds
appropriated for daily operation of any regional fraud detection activities of the department.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 46:114.4(C), 231, and 237; Adds R.S. 46:231.3 and 231.14) HB NO. 1176
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are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made grammatical change in provision requiring businesses to disable access to
cash assistance through automated teller machines and point-of-sale terminals.