Broadwater (HB 1176) Act No. 842
Existing 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.
New law 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 principally devoted to activities providing amusement, pleasure,
thrills, or excitement. However, "amusement attraction" does not include a zoo,
aquarium, or any enterprise principally devoted to the exhibition of products of the
following:
(a)Agriculture.
(b)Industry.
(c)Education.
(d)Science.
(e)Religion.
(f)Sports.
(g)The arts.
(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.
(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.
New 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.
New 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 existing law, R.S. 14:93.10.
(2)A tobacco product as defined in existing law, R.S. 14:91.6(B).
(3)A ticket for a lottery as defined in existing law, R.S. 47:9002. (4)Jewelry as defined in new law.
New law authorizes DCFS to close the FITAP case of any recipient who violates the
provisions of new 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.
New law provides that a cash assistance recipient whose case is closed pursuant to new law
shall have the right to a hearing conducted in accordance with the Administrative Procedure
Act.
New law prohibits retailers and other business establishments that participate in the cash
assistance electronic benefits transfer system from accepting the electronic benefits transfer
card in payment for any of the following:
(1)An alcoholic beverage as defined in existing law, R.S. 14:93.10.
(2)A tobacco product as defined in existing law, R.S. 14:91.6(B).
(3)A ticket for a lottery as defined in existing law, R.S. 47:9002.
(4)Jewelry as defined in new law.
New 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, new law requires each business that is subject to the
prohibitions of new 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 on or before April 1, 2015.
New law provides that any business that violates new 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.
New law requires DCFS to promulgate rules and regulations to effectuate the provisions of
new 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.
New law establishes that the appeal procedure provided for therein shall be suspensive.
Provides that each appeal initiated pursuant to new law shall be heard by the division of
administrative law in accordance with the applicable provisions of the Administrative
Procedure Act.
New 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. New law provides that authority of DCFS to impose the fines established therein shall not
commence until April 1, 2015.
New law authorizes DCFS to institute any civil court action necessary to collect fines
imposed pursuant to new 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.
New law provides that monies DCFS collects through civil fines imposed pursuant to new
law shall be deposited in the Fraud Detection Fund established in existing 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 the governor (June 23, 2014).
(Amends R.S. 46:114.4(C), 231, and 237; Adds R.S. 46:231.3 and 231.14)