ENROLLED Page 1 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 842Regular 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 Page 2 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 3 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 4 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 5 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 6 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 * * *26 §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 Page 7 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 8 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 * * *4 §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 Page 9 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 10 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 * * *19 §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 Page 11 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 12 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 13 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 14 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 15 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 16 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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: