2SSB 5327 -
By Senator Carrell
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 74.08.580 and 2002 c 252 s 1 are each amended to read
as follows:
(1) Any person receiving public assistance is prohibited from using
electronic benefit cards or cash obtained with electronic benefit
cards:
(a) For the purpose of participating in any of the activities
authorized under chapter 9.46 RCW;
(b) For the purpose of parimutuel wagering authorized under chapter
67.16 RCW; ((or))
(c) To purchase lottery tickets or shares authorized under chapter
67.70 RCW;
(d) For the purpose of participating in or purchasing any
activities located in a tattoo, body piercing, or body art shop
licensed under chapter 18.300 RCW;
(e) To purchase cigarettes as defined in RCW 82.24.010 or tobacco
products as defined in RCW 82.26.010;
(f) To purchase any items regulated under Title 66 RCW; or
(g) For the purpose of purchasing or participating in any
activities in any location listed in subsection (2) of this section.
(2) On or before January 1, 2012, the businesses listed in this
subsection must disable the ability of ATM and point-of-sale machines
located on their business premises to accept the electronic benefit
card. The following businesses are required to comply with this
mandate:
(a) Taverns licensed under RCW 66.24.330;
(b) Beer/wine specialty stores licensed under RCW 66.24.371;
(c) Nightclubs licensed under RCW 66.24.600;
(d) Contract liquor stores defined under RCW 66.04.010;
(e) Bail bond agencies regulated under chapter 18.185 RCW;
(f) Gambling establishments licensed under chapter 9.46 RCW;
(g) Tattoo, body piercing, or body art shops regulated under
chapter 18.300 RCW;
(h) Adult entertainment venues with performances that contain
erotic material where minors under the age of eighteen are prohibited
under RCW 9.68A.150; and
(i) Any establishments where persons under the age of eighteen are
not permitted.
(3) Violation of subsection (1) of this section constitutes a gross
misdemeanor.
(4)(a) The department shall notify, in writing, all recipients of
electronic benefit cards that any violation of subsection (1) of this
section could result in civil or criminal legal proceedings and, for
recipients, the forfeiture of all cash public assistance, and for
business establishments, the temporary suspension of their business
license.
(b) Whenever the department receives notice that a person has
violated subsection (1) of this section, the department shall notify
the person in writing that the violation could result in civil or
criminal legal proceedings and, for recipients, the forfeiture of all
cash public assistance, and for business establishments, the temporary
suspension of their business license.
(c) The department shall assign a protective payee to the person
receiving public assistance who violates subsection (1) of this
section.
NEW SECTION. Sec. 2 A new section is added to chapter 66.24 RCW
to read as follows:
The board shall immediately suspend the license of a business that
has been issued a license under RCW 66.24.330, 66.24.371, or 66.24.600
if the board receives information that the business has not complied
with RCW 74.08.580(2). If the licensee has remained otherwise eligible
to be licensed, the board may reinstate the suspended license when the
business has complied with RCW 74.08.580(2).
Sec. 3 RCW 66.16.041 and 2005 c 151 s 6 are each amended to read
as follows:
(1) The state liquor control board shall accept bank credit card
and debit cards for purchases in state liquor stores, under such rules
as the board may adopt. The board shall authorize contract liquor
stores appointed under RCW 66.08.050 to accept bank credit cards and
debit cards for liquor purchases under this title, under such rules as
the board may adopt.
(2) If a contract liquor store chooses to use credit or debit cards
for liquor purchases, the board shall provide equipment and
installation and maintenance of the equipment necessary to implement
the use of credit and debit cards. Any equipment provided by the board
to a contract liquor store for this purpose may be used only for the
purchase of liquor.
(3) It is the board's responsibility to ensure that the equipment
used by the contract liquor stores to accept debit or credit cards
complies with the requirements of RCW 74.08.580(2) with regard to point
of sale machines.
(4) It is the contract liquor store's responsibility to comply with
the requirements of RCW 74.08.580(2) pertaining to the use of EBT cards
in ATM machines located on the contract liquor store premises. The
board shall immediately suspend the contract it has with the contract
liquor store if it receives information that the store has not complied
with RCW 74.08.580(2). The board may reinstate the suspended contract
when the contract liquor store has complied with RCW 74.08.580(2).
NEW SECTION. Sec. 4 A new section is added to chapter 18.300 RCW
to read as follows:
The department shall immediately suspend any license under this
chapter if the department receives information that the license holder
has not complied with RCW 74.08.580(2). If the license holder has
remained otherwise eligible to be licensed, the department may
reinstate the suspended license when the holder has complied with RCW
74.08.580(2).
NEW SECTION. Sec. 5 A new section is added to chapter 18.185 RCW
to read as follows:
The director shall immediately suspend any license issued under
this chapter if the director receives information that the license
holder has not complied with RCW 74.08.580(2). If the license holder
has otherwise remained eligible to be licensed, the director may
reinstate the suspended license when the holder has complied with RCW
74.08.580(2).
Sec. 6 RCW 9.46.410 and 2002 c 252 s 2 are each amended to read
as follows:
(1) Any licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards for the
purpose of participating in any of the activities authorized under this
chapter.
(2) Any licensee authorized under this chapter shall report to the
department of social and health services any known violations of RCW
74.08.580.
(3) Any licensee authorized under this chapter is required to
comply with RCW 74.08.580(2). If the licensee fails to comply with RCW
74.08.580(2), its license shall be immediately suspended until it
complies with RCW 74.08.580(2). If the licensee remains otherwise
eligible to be licensed, the commission may reinstate the license once
the licensee has complied with RCW 74.08.580(2).
NEW SECTION. Sec. 7 This act takes effect January 1, 2012."
2SSB 5327 -
By Senator Carrell
NOT CONSIDERED 05/25/2011
On page 1, line 2 of the title, after "cards;" strike the remainder of the title and insert "amending RCW 74.08.580, 66.16.041, and 9.46.410; adding a new section to chapter 66.24 RCW; adding a new section to chapter 18.300 RCW; adding a new section to chapter 18.185 RCW; prescribing penalties; and providing an effective date."
EFFECT: The language requiring a blanket suspension of the businesses' license due to failure to disable their ATM and point-of- sale machines from accepting EBT cards is removed and replaced with separate sections providing the same suspension but specific to the actual license each business receives.