BILL REQ. #:  S-1702.2 

READ FIRST TIME 02/25/11.   

     AN ACT Relating to limiting the use of public assistance electronic benefit cards; amending RCW 74.08.580; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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) Any business establishment which does not comply with the requirements of subsection (2) of this section shall have its license issued under chapter 19.02 RCW suspended until such time as the establishment complies with the requirements of subsection (2) of this section.
     (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.
     (5) The cost of implementing this section, if any, shall be offset by an across-the-board ratable reduction to the public assistance grant applicable to all recipients.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2012.