Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3245
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COOK.
6851H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 208.024 and 208.182, RSMo, and to enact in lieu thereof one new section
relating to public assistance benefits, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 208.024 and 208.182, RSMo, are repealed and one new section
2 enacted in lieu thereof, to be known as section 208.024, to read as follows:
208.024. 1. Eligible recipients of temporary assistance for needy families (T ANF) or
2 [ supplementary ] supplemental nutrition assistance program (SNAP) benefits shall not use
3 such funds in any electronic benefit transfer transaction in any [ liquor store, casino, gambling
4 casino, or gaming establishment, any retail establishment which provides adult-oriented
5 entertainment in which performers disrobe or perform in an unclothed state for entertainment ]
6 pr ohibited establishment , or in any place for [ the purchase of alcoholic beverages, lottery
7 tickets, or tobacco products or for any item the department determines by rule is primarily
8 marketed for or used by adults eighteen or older and is not in the best interests of the child or
9 household ] a pr ohibited pur chase . An eligible recipient of T ANF or SNAP assistance who
10 makes a purchase in violation of this section shall reimburse the department of social services
11 for such purchase. For any offense under this subsection, a T ANF reci pient shall lose his
12 or her T ANF benefits as follows:
13 (1) For the first occurr ence of noncompliance, the individual shall be
14 disqualified for thr ee months;
15 (2) For the second occurr ence of noncompliance, the individual shall be
16 disqualified for six months; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (3) For any third or subsequent occurr ence of noncompliance, the individual
18 shall be disqualified for a period of five years.
19
20 An individual may res ume participation in the pro gram at the end of a disqualification
21 period if the individual applies and is determined to be eligible.
22 2. An individual, store owner or proprietor of an establishment shall not knowingly
23 accept T ANF cash assistance or [ supplementary nutrition assistance program (SNAP) ] SNAP
24 funds held on electronic benefit transfer cards for [ the purchase of alcoholic beverages, lottery
25 tickets, or tobacco products ] a pr ohibited pur chase or [ for use in any electronic benefit
26 transfer transaction ] in any [ liquor store, casino, gambling casino, or gaming establishment,
27 any retail establishment which provides adult-oriented entertainment in which performers
28 disrobe or perform in an unclothed state for entertainment, or in any place for the purchase of
29 alcoholic beverages, lottery tickets, or tobacco products or for any item the department
30 determines by rule is primarily marketed for or used by adults eighteen or older and is not in
31 the best interests of the child or household ] proh ibited establishment . No store owner or
32 proprietor of any [ liquor store, casino, gambling casino, gaming establishment, or any retail
33 establishment which provides adult-oriented entertainment in which performers disrobe or
34 perform in an unclothed state for entertainment ] pr ohibited establishment shall adopt any
35 policy , either explicitly or implicitly , which encourages, permits, or acquiesces in its
36 employees knowingly accepting electronic benefit transfer cards in violation of this section.
37 This section shall not be construed to require any store owner or proprietor of an
38 establishment which is not a [ liquor store, casino, gambling casino, gaming establishment, or
39 retail establishment which provides adult-oriented entertainment in which performers disrobe
40 or perform in an unclothed state for entertainment ] pr ohibited establishment to check the
41 source of payment from every individual who [ purchases alcoholic beverages, lottery tickets,
42 tobacco products, or any item the department determines by rule is primarily marketed for or
43 used by adults eighteen or older and is not in the best interests of the child or household ]
44 makes a pro hibited pur chase . An individual, store owner or proprietor of an establishment
45 who knowingly accepts electronic benefit transfer cards in violation of this section shall be
46 punished by a fine of not more than five hundred dollars for the first of fense, a fine of not less
47 than five hundred dollars nor more than one thousand dollars for the second of fense, and a
48 fine of not less than one thousand dollars for the third or subsequent offense.
49 3. Any recipient of T ANF or SNAP benefits who does not make at least one
50 electronic benefit transfer transaction within the state for a period of ninety days shall have
51 his or her benefit payments to the electronic benefit account temporarily suspended, pending
52 an investigation by the department of social services to determine if the recipient is no longer
53 a Missouri resident. If the department finds that the recipient is no longer a Missouri resident,
HB 3245 2
54 it shall close the recipient's case. Closure of a recipient's case shall trigger the automated
55 benefit eligibility process under section 208.238. A recipient may appeal the closure of his or
56 her case to the director under section 208.080.
57 4. A recipient who does not make an electronic benefit transfer transaction within the
58 state for a period of sixty days shall be provided notice of the possibility of the suspension of
59 funds if no electronic benefit transfer transaction occurs in the state within another thirty days
60 after the date of the notice.
61 5. (1) The department shall apply for a waiver fr om the federal Department of
62 Health and Human Services authorizing the implementation of subdivision (2) of this
63 subsection if the department determines that a waiver is necessary for such
6 4 implementation.
65 (2) No r ecipient of T ANF or SNAP benefits shall use his or her electr onic benefit
66 transfer (EBT) card at any automated teller machine (A TM), to recei ve cash back on a
67 pur chase, or to otherwise access the benefits as cash.
68 6. For purposes of this section:
69 (1) The following terms shall mean:
70 (a) "Electronic benefit transfer transaction", the use of a credit or debit card service,
71 automated teller machine, point-of-sale terminal, or access to an online system for the
72 withdrawal of funds or the processing of a payment for merchandise or a service; and
73 (b) "Liquor store", any retail establishment which sells exclusively or primarily
74 intoxicating liquor . Such term does not include a grocery store which sells both intoxicating
75 liquor and groceries including staple foods as outlined under the Food and Nutrition Act of
76 2008;
77 (c) "Pornography", any of the following:
78 a. Any obscene material or performance depicting sexual conduct, sexual
79 contact as defined in section 566.010, or a sexual performance; or
80 b. Any visual depiction, including any photograph, film, video, pictur e, or
81 computer or computer -generated image or pictur e, whether made or pr oduced by
82 electr onic, mechanical, or other means, of sexually explicit conduct;
83 (d) "Pr ohibited establishment", any liquor stor e, casino, gambling casino,
84 gaming establishment, or any ret ail establishment that pro vides adult-oriented
85 entertainment in which performers disr obe or perform in an unclothed state for
86 entertainment;
87 (e) "Pr ohibited pur chase", alcoholic beverages, lottery tickets, pornography , or
88 tobacco pr oducts, or any item the department determines by rule is primarily marketed
89 for or used by adults eighteen years of age or older and is not in the best interes ts of a
90 child or household;
HB 3245 3
91 (f) "T obacco pr oducts", cigar ettes, cigarette papers, cigars, smokeless tobacco,
92 smoking tobacco, vapor pr oducts, or any other form of tobacco pro ducts or prod ucts
93 made with tobacco substitute containing nicotine;
94 (2) Casinos, gambling casinos, or gaming establishments shall not include:
95 (a) A grocery store which sells groceries including staple foods, and which also
96 of fers, or is located within the same building or complex as a casino, gambling, or gaming
97 activities; or
98 (b) Any other establishment that of fers casino, gambling, or gaming activities
99 incidental to the principal purpose of the business.
[ 208.182 . 1. The family support division shall establish pilot projects
2 in St. Louis City and in any county with a population of six hundred thousand
3 or more, which shall provide for a system of electronic transfer of benefits to
4 public assistance recipients. Such system shall allow recipients to obtain cash
5 from automated teller machines or point of sale terminals. If less than the total
6 amount of benefits is withdrawn, the recipient shall be given a receipt showing
7 the current status of his or her account.
8 2. The disclosure of any information provided to a financial
9 institution, business or vendor by the family support division under this
10 section is prohibited. Such financial institution, business or vendor may not
11 use or sell such information and may not divulge the information without a
12 court order . V iolation of this subsection is a class A misdemeanor .
13 3. Subject to appropriations and subject to receipt of waivers from the
14 federal government to prevent the loss of any federal funds, the department of
15 social services shall require the use of photographic identification on
16 electronic benefit transfer cards issued to recipients in this system. Such
17 photographic identification electronic benefit transfer card shall be in a form
18 approved by the department of social services.
19 4. The family support division shall promulgate rules and regulations
20 necessary to implement the provisions of this section pursuant to section
21 660.017 and chapter 536.
22 5. The delivery of electronic benefits and the electronic eligibility
23 verification, including, but not limited to, aid to families with dependent
24 children (AFDC), women, infants and children (WIC), early periodic
25 screening diagnosis and treatment (EPSDT), food stamps, supplemental
26 security income (SSI), including Medicaid, child support, and other programs,
27 shall reside in one card that may be enabled by function from time to time in a
28 convenient manner . ]
✔
HB 3245 4