Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1176 Enrolled / Bill

                    ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 1176
BY REPRESENTATIVE BROADWATER AND SENATOR ERDEY
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
and prior to monies being placed in the state general fund, the following amounts20
shall be credited to the fund:21
(a) An an amount equal to that deposited as required by Subsection B of this22
Section shall be credited to the fund.23
(b) An amount equal to that deposited in accordance with R.S. 46:231.14(G).24 ENROLLEDHB NO. 1176
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(2) The monies in this fund shall be used solely as provided by Subsection1
D hereof of this Section and only in the amounts appropriated by the legislature. The2
monies in this fund shall be invested by the state treasurer in the same manner as3
monies in the state general fund, and interest earned on the investment of these4
monies shall be credited to this fund, again, following compliance with the5
requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to6
the Bond Security and Redemption Fund.7
*          *          *8
§231.  Aid to needy families; definitions9
As used in this Subpart, unless the context clearly requires otherwise:10
(1) "Adult paraphernalia store" means an establishment that has as a11
substantial or significant portion of its stock clothing, objects, tools, toys, or any12
other items distinguished or characterized by their association with sexual activity,13
including sexual conduct or sexual excitement.14
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any15
other building, structure, or place principally devoted to activities providing16
amusement, pleasure, thrills, or excitement.17
(b) "Amusement attraction" does not include any enterprise principally18
devoted to the exhibition of products of agriculture, industry, education, including19
zoos and aquariums, science, religion, sports, or the arts.20
(3) "Amusement ride" means any mechanized device or combination of21
devices which carries passengers along, around, or over a fixed or restricted course22
for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.23
"Amusement ride" includes inflatables.24
(1)(4) "Applicant" means a parent or relative of the parent who applies for25
FITAP on behalf of a child.26
(5) "Automated teller machine" means an electronic hardware device that is27
capable of dispensing currency and responding to balance inquiries through the use28
of a magnetic stripe card issued by or on behalf of the state for distribution of29
assistance through an electronic benefits transfer system as described in this Subpart.30 ENROLLEDHB NO. 1176
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(6) "Bail" means security given by a person to assure his appearance, or the1
appearance of a third party, before the proper court whenever required.2
(7) "Bar" means a business that holds a Class A-General retail permit and the3
primary purpose of such business is to serve alcoholic beverages for consumption by4
guests on the premises and in which the serving of food is only incidental to the5
consumption of those beverages. Bars include, without limitation, taverns, saloons,6
nightclubs, cocktail lounges, and cabarets.7
(8) "Cash assistance" means funds that the department provides through the8
Family Independence Temporary Assistance Program and the Kinship Care Subsidy9
Program to eligible beneficiaries for the purpose of assisting those persons in10
meeting ongoing basic needs.11
(9)  "Commercial body art facility" means any location, place, area, or12
business, whether permanent or temporary, that provides consumers access to13
personal services workers who for remuneration perform any of the following14
procedures:15
(a) Tattooing or inserting pigment under the surface of the skin of a human16
being, by pricking with a needle or otherwise, to produce an indelible mark or figure17
visible under the skin.18
(b) Body piercing or the creation of an opening in the body of a human being19
for the purpose of inserting jewelry or other decoration.  For purposes of this20
Subpart, "body piercing" does not include piercing an ear with a disposable, single-21
use stud or solid needle that is applied using a mechanical device to force the needle22
or stud through the ear.23
(c) Application of permanent cosmetics or pigments under the skin of a24
human being for the purpose of permanently changing the color or other appearance25
of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.26
(10) "Cruise ship" means any commercial ship used for the domestic or27
international carriage of passengers.28
(3)(11) "Department" means the Department of Children and Family29
Services.30 ENROLLEDHB NO. 1176
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(4)(12) "Dependent child", in accordance with federal law and regulations1
relative to the TANF program, shall mean a needy child who meets all of the2
following criteria:3
(a) A needy child under the age of eighteen or needy child under the age of4
nineteen who is a full-time student in a secondary school, or in the equivalent level5
of vocational or technical training, who may reasonably be expected to complete the6
program of such secondary school or training before attaining the age of nineteen.7
(b)  The child is living with his father, mother, stepfather, stepmother, or8
other relative, within the fifth degree, in a place of residence maintained by one or9
more of such relatives as his or their own home.  For the purposes of this Subpart,10
all such persons shall be deemed as relatives, whether their relationship to the11
dependent child was acquired by adoption, marriage, or birth, and neither divorce nor12
death shall terminate such relationship.13
(13)  "Electronic benefits transfer transaction" and "EBT transaction" mean14
the use of a credit or debit card service, automated teller machine, point-of-sale15
terminal, or access to an online system for the withdrawal of funds.16
(5)(14) "Family Independence Temporary Assistance Program" or "FITAP"17
means the cash assistance program.18
(6)(15) "Family Success Agreement" means the mutually developed contract19
between a FITAP recipient, on behalf of their family, and the department that sets20
forth mutual and time-bound responsibilities, expectations, activities, and goals21
designed to transition a participant from welfare to self-sufficiency.22
(7)(16) "Federal Welfare Reform Act" means the federal Personal23
Responsibility and Work Opportunity Reconciliation 	(PRWORA) Act Act24
(PRWORA) of 1996, Public Law 104-193, and applicable changes due to its25
reauthorization.26
(17)(a) "Gaming establishment" means a gambling casino and any other27
establishment which provides gaming activities that are subject to regulation by the28
Louisiana Gaming Control Board.29
(b)  "Gaming establishment" does not include either of the following:30 ENROLLEDHB NO. 1176
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(i) A grocery store that sells groceries including staple foods and that also1
offers, or is located within the same building or complex as, casino activities,2
gambling, or gaming activities.3
(ii) Any establishment that offers casino, gambling, or gaming activities that4
are incidental to the principal purpose of the business.5
(18) "Jewelry" means an object or thing consisting of precious stones or6
precious metals worn as adornment or apparel, including costume jewelry.7
(19)(a)  "Liquor store" means any retail establishment that sells exclusively8
or primarily intoxicating liquor.9
(b) "Liquor store" does not include a grocery store that sells both10
intoxicating liquor and groceries, including staple foods.11
(20) "Nail salon" means a commercial establishment that provides nail12
services of any kind including but not limited to trimming, filing, decorating,13
shaping, sculpting, or in any way caring for the nails and skin of a person's hands or14
feet together with massaging the hands, arms, legs, and feet.15
(21) "Point-of-sale terminal" means an electronic hardware device that meets16
all of the following criteria:17
(a) May be utilized at a retailer's place of business where consumers pay for18
goods or services.19
(b)  Is capable of the following:20
(i) Initiating a request for authorization of a purchase of tangible personal21
property.22
(ii)  Disbursing currency from an account.23
(iii)  Initiating a balance inquiry for an account.24
(iv) Distributing assistance through an electronic benefits transfer system as25
described in this Subpart.26
(22) "Psychic" means any person or establishment engaged in the occupation27
of occult science including a fortune teller, palmist, astrologist, numerologist,28
clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader,29 ENROLLEDHB NO. 1176
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prophet, or advisor who in any manner claims or pretends to tell fortunes or claims1
or pretends to disclose mental faculties of individuals for any form of compensation.2
(8)(23) "Recipient" or "FITAP recipient" means the parent or a relative of3
the parent who receives FITAP on behalf of a dependent child.4
(9)(24) "Secretary" means the secretary of the Department of Children and5
Family Services.6
(25) "Sexually oriented business" means any commercial enterprise that has7
as its primary business the offering of a service or the sale, rent, or exhibit of devices8
or any other items intended to provide sexual stimulation or sexual gratification to9
the customer.10
(10)(26) "State plan" means the state TANF block grant plan.11
(11)(27) "Strategies to Empower People" or "STEP" means the education,12
employment, training and related services program for families receiving cash13
assistance payments.14
(12)(28) "Temporary Assistance to Needy Families" or "TANF" means the15
federal block grant program established under the Personal Responsibility and Work16
Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable17
changes due to its reauthorization.18
(14)(29) "Work-eligible" refers to families containing an adult under sixty19
years of age, or teen head of household, that is not disabled, incapacitated, or caring20
for a family member who is disabled or incapacitated as documented by a medical21
expert to which the status of disability is clearly established and explained. "Work-22
eligible" also excludes cases in which only the child portion of need that is unrelated23
to a sanction or penalty, known as a child-only case, is considered in determining24
eligibility.25
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§231.3.  FITAP benefits; prohibited uses27
A. A person who receives FITAP benefits shall not use such benefits in an28
electronic benefits transfer transaction in any of the following places:29
(1)  A liquor store.30 ENROLLEDHB NO. 1176
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(2) A gaming establishment.1
(3) A retail establishment that provides adult-oriented entertainment in2
which performers disrobe or perform in an unclothed state for entertainment3
purposes.4
(4)  An adult bookstore.5
(5)  An adult paraphernalia store.6
(6)  A sexually oriented business.7
(7)  A commercial body art facility.8
(8)  A nail salon.9
(9)  A jewelry store.10
(10)  An amusement ride.11
(11)  An amusement attraction.12
(12)  A bail bonds company.13
(13)  A bar.14
(14)  A cruise ship.15
(15)  A psychic business.16
(16) An establishment where persons under eighteen years of age are not17
permitted to enter.18
B. A person who receives FITAP benefits shall not use such benefits in any19
electronic benefits transfer transaction at a retailer for the purchase of any of the20
following:21
(1)  An alcoholic beverage as defined in R.S. 14:93.10.22
(2)  A tobacco product as defined in R.S. 14:91.6(B).23
(3)  A ticket for a lottery as defined in R.S. 47:9002.24
(4)  Jewelry as defined in R.S. 46:231.25
C. The FITAP case of any recipient who violates the provisions of this26
Section shall be closed in accordance with the following 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
(3)  Permanent case closure for the third violation.30 ENROLLEDHB NO. 1176
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D.  A person whose FITAP case is closed pursuant to the provisions of this1
Section shall have the right to a hearing conducted in accordance with the2
Administrative Procedure Act.3
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§231.14.  Prohibited retailers, goods, and services; penalties; appeals5
A. No retailer or other business establishment that participates in the cash6
assistance electronic benefits transfer system shall accept the electronic benefits7
transfer card in payment for any of the following:8
(1)  An alcoholic beverage as defined in R.S. 14:93.10.9
(2)  A tobacco product as defined in R.S. 14:91.6(B).10
(3)  A ticket for a lottery as defined in R.S. 47:9002.11
(4)  Jewelry as defined in R.S. 46:231.12
B.  The following retailers and business establishments are prohibited from13
conducting any electronic benefits transfer transaction:14
(1)  A liquor store.15
(2) A gaming establishment.16
(3) A retail establishment that provides adult-oriented entertainment in17
which performers disrobe or perform in an unclothed state for entertainment18
purposes.19
(4)  An adult bookstore.20
(5)  An adult paraphernalia store.21
(6)  A sexually oriented business.22
(7)  A commercial body art facility.23
(8)  A nail salon.24
(9)  A jewelry store.25
(10)  An amusement ride.26
(11)  An amusement attraction.27
(12)  A bail bonds company.28
(13)  A bar.29
(14)  A cruise ship.30 ENROLLEDHB NO. 1176
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(15)  A psychic business.1
(16) An establishment where persons under eighteen years of age are not2
permitted to enter.3
C.(1) Except as provided in Paragraph (2) of this Subsection, on or before4
April 1, 2015, each business of any type described in Subsection B of this Section5
that has an automated teller machine or point-of-sale terminal on its premises shall6
disable access to electronic cash assistance benefits through such machine or7
terminal.8
(2) The provisions of Paragraph (1) of this Subsection shall not apply to any9
business approved by the Food and Nutrition Service of the United States10
Department of Agriculture as a retailer in the Supplemental Nutrition Assistance11
Program of this state.12
D.  A retailer or other business establishment that violates any provision of13
Subsection A or B of this Section shall be subject to the following civil fines:14
(1)  Five hundred dollars for the first violation.15
(2)  One thousand  dollars for the second violation.16
(3) Two thousand five hundred dollars for the third violation and each17
violation thereafter.18
E.(1) The department shall promulgate rules and regulations in accordance19
with the Administrative Procedure Act to effectuate the provisions of this Section.20
The rules and regulations shall provide, at minimum, for notice to a retailer or other21
business establishment of any violation, and for an appeal procedure including22
judicial review.23
(2) The appeal provided for in this Subsection shall be suspensive.  Each24
appeal initiated pursuant to this Subsection shall be heard by the division of25
administrative law in accordance with the applicable provisions of Chapter 13-B of26
Title 49 of the Louisiana Revised Statutes of 1950.27
(3) The division of administrative law shall furnish to the department and28
retailer or other business establishment a copy of the decision rendered in the appeal29
and written notice of the manner for requesting judicial review.30 ENROLLEDHB NO. 1176
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(4) Authority to impose the fines provided for in Subsection D of this1
Section shall commence on April 1, 2015.2
F. The department may institute any civil court action necessary to collect3
fines imposed pursuant to this Section and not timely appealed. Interest shall begin4
to accrue at the current judicial rate on the day following the date on which any fines5
become due and payable.  All costs of any successful action to collect such fines,6
including travel expenses and reasonable attorney fees, shall be awarded to the7
department in addition to the fines.8
G.(1) Civil fines collected pursuant to the provisions of this Section shall be9
deposited immediately into the state treasury.10
(2) After compliance with the requirements of Article VII, Section 9(B) of11
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,12
and prior to the monies being placed in the state general fund, an amount equal to the13
amount deposited as provided in Paragraph (1) of this Subsection shall be credited14
to the Fraud Detection Fund created by R.S. 46:114.4.15
(3) Monies in the Fraud Detection Fund may be appropriated by the16
legislature to the office of children and family services of the department in the17
manner prescribed by and for the purposes specified in R.S. 46:114.4(D).18
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§237.  Kinship Care Subsidy Program20
A. Creation. There is hereby established a Kinship Care Subsidy Program21
in the office of children and family services of the Department of Children and22
Family Services, for the purpose of assisting eligible kinship caregivers, including23
grandparents, step-grandparents, or other adult relatives within the fifth degree who24
have legal custody or guardianship of their minor relatives.25
B.  Definitions. For purposes of this Section:26
(1) "Adult paraphernalia store" means an establishment that has as a27
substantial or significant portion of its stock clothing, objects, tools, toys, or any28
other items distinguished or characterized by their association with sexual activity,29
including sexual conduct or sexual excitement.30 ENROLLEDHB NO. 1176
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(2)(a) "Amusement attraction" means a movie theater, video arcade, or any1
other building, structure, or place principally devoted to activities providing2
amusement, pleasure, thrills, or excitement.3
(b) "Amusement attraction" does not include any enterprise principally4
devoted to the exhibition of products of agriculture, industry, education, including5
zoos and aquariums, science, religion, sports, or the arts.6
(3) "Amusement ride" means any mechanized device or combination of7
devices which carries passengers along, around, or over a fixed or restricted course8
for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.9
"Amusement ride" includes inflatables.10
(4) "Automated teller machine" means an electronic hardware device that is11
capable of dispensing currency and responding to balance inquiries through the use12
of a magnetic stripe card issued by or on behalf of the state for distribution of13
assistance through an electronic benefits transfer system as described in Subpart A14
of this Part.15
(5) "Bail" means security given by a person to assure his appearance, or the16
appearance of a third party, before the proper court whenever required.17
(6) "Bar" means a business that holds a Class A-General retail permit and the18
primary purpose of such business is to serve alcoholic beverages for consumption by19
guests on the premises and in which the serving of food is only incidental to the20
consumption of those beverages. Bars include, without limitation, taverns, saloons,21
nightclubs, cocktail lounges, and cabarets.22
(7) "Cash assistance" means funds that the department provides through the23
Family Independence Temporary Assistance Program and the Kinship Care Subsidy24
Program to eligible beneficiaries for the purpose of assisting those persons in25
meeting ongoing basic needs.26
(8) "Commercial body art facility" means any location, place, area, or27
business, whether permanent or temporary, that provides consumers access to28
personal services workers who for remuneration perform any of the following29
procedures:30 ENROLLEDHB NO. 1176
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(a) Tattooing or inserting pigment under the surface of the skin of a human1
being, by pricking with a needle or otherwise, to produce an indelible mark or figure2
visible under the skin.3
(b) Body piercing or the creation of an opening in the body of a human being4
for the purpose of inserting jewelry or other decoration. For purposes of this Section,5
"body piercing" does not include piercing an ear with a disposable, single-use stud6
or solid needle that is applied using a mechanical device to force the needle or stud7
through the ear.8
(c) Application of permanent cosmetics or pigments under the skin of a9
human being for the purpose of permanently changing the color or other appearance10
of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.11
(9) "Cruise ship" means any commercial ship used for the domestic or12
international carriage of passengers.13
(10)  "Electronic benefits transfer transaction" and "EBT transaction" mean14
the use of a credit or debit card service, automated teller machine, point-of-sale15
terminal, or access to an online system for the withdrawal of funds.16
(11)(a) "Gaming establishment" means a gambling casino and any other17
establishment which provides gaming activities that are subject to regulation by the18
Louisiana Gaming Control Board.19
(b)  "Gaming establishment" does not include either of the following:20
(i) A grocery store that sells groceries including staple foods and that also21
offers, or is located within the same building or complex as, casino activities,22
gambling, or gaming activities.23
(ii) Any establishment that offers casino, gambling, or gaming activities that24
are incidental to the principal purpose of the business.25
(12) "Jewelry" means an object or thing consisting of precious stones or26
precious metals worn as adornment or apparel, including costume jewelry.27
(1)(13) "Kinship caregiver" means the grandparent, step-grandparent, aunt,28
uncle, or other adult relative within the fifth degree of consanguinity.29 ENROLLEDHB NO. 1176
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(14)(a)  "Liquor store" means any retail establishment that sells exclusively1
or primarily intoxicating liquor.2
(b) "Liquor store" does not include a grocery store that sells both3
intoxicating liquor and groceries, including staple foods.4
(2)(15) "Minor relative" means a grandchild, step-grandchild, or other minor5
relative not the natural or adopted child of the kinship caregiver who is under6
eighteen years of age and who meets the definition of "dependent child" specified7
in R.S. 46:231(3)(a) 46:231(4)(a).8
(16)  "Nail salon" means a commercial establishment that provides nail9
services of any kind including but not limited to trimming, filing, decorating,10
shaping, sculpting, or in any way caring for the nails and skin of a person's hands or11
feet together with massaging the hands, arms, legs, and feet.12
(17) "Point-of-sale terminal" means an electronic hardware device that meets13
all of the following criteria:14
(a) May be utilized at a retailer's place of business where consumers pay for15
goods or services.16
(b)  Is capable of the following:17
(i) Initiating a request for authorization of a purchase of tangible personal18
property.19
(ii)  Disbursing currency from an account.20
(iii)  Initiating a balance inquiry for an account.21
(iv) Distributing assistance through an electronic benefits transfer system as22
described in Subpart A of this Part.23
(18) "Psychic" means any person or establishment engaged in the occupation24
of occult science including a fortune teller, palmist, astrologist, numerologist,25
clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader,26
prophet, or advisor who in any manner claims or pretends to tell fortunes or claims27
or pretends to disclose mental faculties of individuals for any form of compensation.28
(19) "Sexually oriented business" means any commercial enterprise that has29
as its primary business the offering of a service or the sale, rent, or exhibit of devices30 ENROLLEDHB NO. 1176
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or any other items intended to provide sexual stimulation or sexual gratification to1
the customer.2
C. Eligibility. To be eligible to qualify for a subsidy under the program, a3
kinship caregiver of a minor relative shall meet the following requirements:4
(1) Possess or obtain, within one year of enrolling in the program, legal5
custody or guardianship of a minor relative who is living in his home.6
(2) Have an annual income of less than one hundred fifty percent of the7
federal poverty threshold, in accordance with the size of the family applying for the8
subsidy.9
(3) Apply for benefits through the Family Independence Temporary10
Assistance Program (FITAP).11
(4) Have neither of the minor relative's parents residing in applicant's12
household.13
(5) Agree to pursue the enforcement of child support obligations against the14
parents of the minor relative with the assistance of the Department of Children and15
Family Services in accordance with applicable law.16
D.  Disqualification. Any kinship caregiver convicted of a felony of17
possession, use, or distribution of a controlled substance as defined in 21 U.S.C.18
802(6) of the Controlled Substances Act shall be disqualified from applying for a19
subsidy under this Section for one year from the date of conviction, or if20
incarcerated, for one year from the date of release from incarceration.21
E.  Subsidy amounts. The office of children and family services shall22
promulgate rules and regulations to establish the amount of the subsidy to be23
awarded on behalf of each minor relative.24
F.  Rules, regulations, and procedures. The office of children and family25
services shall promulgate rules and regulations to provide for any other eligibility26
requirements which are reasonably necessary to administer the Kinship Care Subsidy27
Program in accordance with this Section and any federal requirements, to promote28
the safety and well-being of any minor relative for whom subsidies are issued, and29 ENROLLEDHB NO. 1176
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to establish procedures for reconsideration of eligibility of applicants no less than1
annually.2
G.  Administration and funding. The subsidy provided for in this Section3
shall be administered by the office of children and family services and funded4
through the TANF block grant.5
H.  Prohibited uses of benefits.  (1)  A recipient of Kinship Care Subsidy6
Program benefits shall not use such benefits in an electronic benefits transfer7
transaction in any of the following places:8
(a)  A liquor store.9
(b)  A gaming establishment.10
(c) A retail establishment that provides adult-oriented entertainment in which11
performers disrobe or perform in an unclothed state for entertainment purposes.12
(d)  An adult bookstore.13
(e)  An adult paraphernalia store.14
(f)  A sexually oriented business.15
(g)  A commercial body art facility.16
(h)  A nail salon.17
(i)  A jewelry store.18
(j)  An amusement ride.19
(k)  An amusement attraction.20
(l)  A bail bonds company.21
(m)  A bar.22
(n)  A cruise ship.23
(o)  A psychic business.24
(p) An establishment where persons under eighteen years of age are not25
permitted to enter.26
(2) A recipient of Kinship Care Subsidy Program benefits shall not use such27
benefits in any electronic benefits transfer transaction at a retailer for the purchase28
of any of the following:29
(a)  An alcoholic beverage as defined in R.S. 14:93.10.30 ENROLLEDHB NO. 1176
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(b)  A tobacco product as defined in R.S. 14:91.6(B).1
(c)  A ticket for a lottery as defined in R.S. 47:9002.2
(d)  Jewelry as defined in R.S. 46:231.3
(3) The Kinship Care Subsidy Program case of any recipient who violates4
the provisions of this Section shall be closed in accordance with the following5
schedule:6
(a)  Case closure for a period of twelve months for the first violation.7
(b) Case closure for a period of twenty-four months for the second violation.8
(c)  Permanent case closure for the third violation.9
(d) A recipient whose Kinship Care Subsidy Program case is closed pursuant10
to the provisions of this Subsection shall have the right to a hearing pursuant to the11
Administrative Procedure Act.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: