Amendment #502 to H4100

EBT Card Commission Recommendations

Representatives Rushing of Boston, Andrews of Orange, Balser of Newton, Forry of Boston, Fox of Boston, Khan of Newton, Malia of Boston, O'Day of West Boylston, Provost of Somerville, Sciortino of Medford, Smizik of Brookline, Toomey of Cambridge and Wolf of Cambridge move to amend the bill by striking out section 35 and inserting in place thereof the following section:

"SECTION 35. Chapter 18, section 5I of the General laws is hereby amended by striking the last sentence and adding the following:

A recipient of direct cash assistance who makes a purchase in violation of this section shall be subject to disqualification under department intentional program violation regulations and shall reimburse the department for such purchase.

Chapter 18, section 5J is hereby amended by adding the following second paragraph:

It shall be prohibited for the following types of businesses to accept electronic benefit transfer cards for purchases or to house automatic teller machines that accept electronic benefit cards: liquor stores, casinos or gambling establishments, and any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, as defined by Section 408(a) of the Social Security Act, as amended; smoke shops; firearms dealers; tattoo parlors; nail salons; health spas; and bars and drinking establishments. Upon request, any state agencies that in their regular course of business regulate retail stores must cooperate with law enforcement regarding potential violations of this section. A store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense and a fine of not less than $1,000 for the third or subsequent offense."