2015 -- S 0120

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LC000570

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HUMAN SERVICES - PUBLIC ASSISTANCE ACT

     Introduced By: Senators Kettle, Cote, Morgan, Algiere, and Ottiano

     Date Introduced: January 22, 2015

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-6-8 of the General Laws in Chapter 40-6 entitled "Public

Assistance Act" is hereby amended to read as follows:

     40-6-8. Supplemental nutrition assistance program (SNAP). -- (a) The department

shall have the responsibility to administer the food stamp program for the state in compliance

with the provisions of the federal Food Stamp Act of 1964, as amended, 7 U.S.C. § 2011 et seq.

The supplemental nutrition assistance program (SNAP) is and shall be the new title of the

program formerly known as the food stamp program. All references in the Rhode Island general

laws to food stamps shall be deemed to mean, apply to, refer to, and be interpreted in accordance

with the supplemental nutrition assistance program (SNAP).

      (b) The department is empowered and authorized to submit its plan for food stamps to

the federal government or any agency or department of it. The department shall act for the state in

any negotiations relative to the submission and approval of a plan, and may make any

arrangement or changes in its plan not inconsistent with this chapter which may be required by

the Food Stamp Act or the rules and regulations promulgated pursuant to it to obtain and retain

such approval and to secure for this state the benefits of the provisions of the federal act relating

to food stamps. The department shall make reports to the federal government or any agency or

department of it in the form and nature required by it, and in all respects comply with any request

or direction of the federal government or any agency or department of it, which may be necessary

to assure the correctness and verification of the reports.

      (c) The department is authorized and directed to pay one hundred percent (100%) of the

state's share of the administrative cost involved in the operation of the food stamp program.

      (d) No person shall be ineligible for food stamp benefits due solely to the restricted

eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), 21 U.S.C. § 862a(a)(2), and

as this section may hereafter be amended.

     (e) The department shall apply to the federal government to be granted delegated

authority for all SNAP investigations and enforcement actions that involve the organized

fraudulent use and/or trafficking of SNAP benefits by retail establishments and/or business

owners.

     SECTION 2. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is

hereby amended by adding thereto the following sections:

     40-6-6.1. Duties of department. -- The department shall develop and make available on

its website for download a sign specifying the department's fraud hotline. Business associations

may also maintain a downloadable form of the sign on the business associations' websites. Such

sign may be posted in a conspicuous area in any business accepting electronic benefits transfer

cards as a form of payment. Any business accepting electronic benefit transfer cards as a form of

payment may maintain a list of categories of prohibited products under this chapter at each cash

register.

     40-6-8.1. Prohibited uses of electronic benefit transfer cards. -- (a) Notwithstanding

any provision of the general or public laws to the contrary, eligible recipients of direct cash

assistance shall not use direct cash assistance funds for the purchase of alcoholic beverages,

lottery tickets or tobacco products. An eligible recipient of direct cash assistance who makes a

purchase in violation of this section shall reimburse the department for such purchase.

     (b) Notwithstanding any provision of the general or public laws to the contrary, an

individual shall not use direct cash assistance funds held on electronic benefit transfer cards for

the purchase of alcoholic beverages, lottery tickets, or tobacco products. An individual who

knowingly accepts electronic benefit transfer cards in violation of this section shall be punished

by a fine of not more than five hundred dollars ($500) for the first offense, a fine of not less than

five hundred dollars ($500), nor more than one thousand dollars ($1,000) for the second offense,

and a fine of not less than one thousand dollars ($1,000) for the third or subsequent offense.

     (c) The department shall adopt rules prohibiting purchases with cash assistance funds

held on electronic benefit transfer cards of products and services and in venues as described in

this section.

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     (d) The department is hereby empowered and shall maintain policies and practices as

necessary to prevent cash assistance provided under this chapter from being used in any

electronic benefit transfer transaction at:

     (1) Liquor stores;

     (2) Casinos;

     (3) Gambling facilities as defined by chapter 9 of title 41;

     (4) Retail establishments which provide adult-oriented entertainment in which performers

disrobe or perform in an unclothed state for entertainment as defined in the Social Security Act,

42 U.S.C. § 608(a);

     (5) Adult bookstores or adult paraphernalia stores;

     (6) Firearms dealers licensed under § 11-47-39;

     (7) Tattoo parlors; manicuring shops, or esthetic shops as defined in § 5-10-1; or

     (8) Jewelry stores, or on cruise ships.

     (e) Eligible recipients of direct cash assistance who use cash assistance funds held on

electronic benefit transfer cards in such establishments shall have their cash assistance reduced

for three (3) months by the portion of the family's benefit attributable to one parent, in accordance

with rules and regulations promulgated by the department, for a first offense; for six (6) months

by the portion of the family's benefit attributable to one parent for a second offense and, for a

third offense, the department shall terminate assistance to that household.

     (f) The establishments described in subsection (d) of this section shall not accept

electronic benefits transfer cards. A store owner who knowingly allows a prohibited electronic

benefit transaction in violation of this section shall be punished by a fine of not more than five

hundred dollars ($500) for a first offense, by a fine of not less than five hundred dollars ($500)

nor more than two thousand five hundred dollars ($2,500) for a second offense, and by a fine of

not less than two thousand five hundred dollars ($2,500) for a third or subsequent offense.

     (g) A store owner who knowingly violates this section, and who also possesses a license

to sell alcoholic beverages under chapter 7 of title 3 shall be referred to the appropriate licensing

authority for possible disciplinary action pursuant to title 3.

     (h) A store owner who knowingly violates this section, and who also possesses a license

to sell lottery tickets under chapter 61 of title 42 shall be referred to the director of the state

lottery for possible disciplinary action.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES - PUBLIC ASSISTANCE ACT

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     This act would prohibit the use of direct cash assistance funds held on electronic benefit

transfer cards for the purchase of alcoholic beverages, lottery tickets, tobacco products and

certain other products and services. The act would further provide for penalties for violations of

the act.

     This act would take effect upon passage.

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