2018 -- H 7225

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LC003636

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

     Introduced By: Representatives Quattrocchi, Roberts, Nardolillo, and Price

     Date Introduced: January 18, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-6-8.1 of the General Laws in Chapter 40-6 entitled "Public

Assistance Act" is hereby amended to read as follows:

     40-6-8.1. Prohibited uses of electronic-benefit-transfer cards.

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

held on electronic-benefit-transfer cards in venues as described in this section.

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

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

electronic-benefit-transfer transaction at:

     (1) Liquor stores (holding solely a retailers class A license);

     (2) Casinos or at facilities that conduct casino gaming as defined in chapter 61.2 of title

42;

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

     (4) Retail establishments that 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) Retail establishments that fail to require the recipient making the electronic-benefit-

transfer transaction to present a valid photo identification card.

     (c) Eligible recipients of direct-cash assistance, who use cash assistance funds held on

electronic-benefit-transfer cards in such establishments, shall, for a first offense, have their cash

assistance reduced for one month by the portion of the family's benefit attributable to one parent,

in accordance with rules and regulations promulgated by the department; for a second offense,

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; and for a third offense, shall be disqualified from the direct-cash-assistance program

for a period of one year.

     (d) A store owner who commits fraud against the department of human services by

violating § 11-41-34, 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.

     (e) A store owner who commits fraud against the department of human services by

violating § 11-41-34, 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 2. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is

hereby amended by adding thereto the following section:

     40-6-8.2. Requirement of photo identification card.

     (a) Retail establishments shall require eligible recipients using cash assistance funds held

on electronic-benefit-transfer cards to present a valid photo identification card for all allowable

retail transactions pursuant to this chapter.

     (b) Any retail establishment in violation of subsection (a) of this section shall be subject

to the penalties set forth in § 11-41-34.

     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 electronic-benefit-transfer (EBT) cards at retail

establishments unless the recipient presents a valid photo identification card.

     This act would take effect upon passage.

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