56-227F. PUBLIC ASSISTANCE BENEFIT CARDS — PROHIBITED USES. (1) Any recipient of public assistance is prohibited from using public assistance benefit cards or cash obtained with public assistance benefit cards:

(a) For the purpose of participating in any of the activities described under chapters 38 and 49, title 18, Idaho Code, or authorized pursuant to any state-tribal gaming compact under section 67-429A, Idaho Code;

(b) For the purpose of pari-mutuel betting authorized under chapter 25, title 54, Idaho Code;

(c) To purchase lottery tickets or shares authorized under chapter 74, title 67, Idaho Code;

(d) For the purpose of participating in or purchasing tattoo, branding or body piercing services as defined in section 18-1523, Idaho Code;

(e) To purchase cigarettes as defined in section 39-7802(d), Idaho Code, or tobacco products as defined in section 39-5702(13), Idaho Code;

(f) To purchase any items regulated under title 23, Idaho Code;

(g) For the purpose of adult entertainment at venues with performances that contain sexually oriented material where minors under the age of eighteen (18) are prohibited; or

(h) For the purpose of purchasing or participating in any activities in any location listed in subsection (2) of this section.

(2) The following businesses are required to comply with the provisions of this section:

(a) Any establishment or business licensed under chapter 9, title 23, Idaho Code;

(b) State liquor stores defined under section 23-902, Idaho Code, with the exception of special distributors as referenced in chapter 3, title 23, Idaho Code;

(c) Any business or agency that issues or underwrites bail bonds as defined in section 41-1038(3), Idaho Code;

(d) Gambling establishments licensed under Idaho law;

(e) Any business or establishment that offers tattoo, body piercing or branding services as defined in section 18-1523, Idaho Code;

(f) Adult entertainment venues with performances that contain sexually oriented material where minors under the age of eighteen (18) are prohibited; and

(g) Any establishment where persons under the age of eighteen (18) are not permitted.

(3) The department shall notify any business determined to be in violation of the provisions of subsection (2) of this section and the licensing authority of any such business, if applicable, that such business has continued to allow the use of a public assistance benefit card in violation of subsection (2) of this section. The department may require the Idaho quest electronic benefits transfer (EBT) card business identification number (BIN) be disabled at any business found to be in violation of subsection (2) of this section. Any business in violation of subsection (2) of this section may also be required to deny all public assistance cash transactions made with an Idaho quest EBT card at any automated teller machine (ATM) located in their establishment. All costs associated with disabling the BIN and ATM will be the responsibility of such business owner.

(4) Only the recipient, an eligible member of the recipient’s household or the recipient’s authorized representative may use a public assistance benefit card or the benefit, and such use shall only be for the respective benefit program purposes. The recipient shall not sell, attempt to sell, exchange or donate a public assistance benefit card or any benefits to any other person or entity.

(5) A violation of subsection (1) or (4) of this section by a recipient constitutes a misdemeanor.

(a) The department shall notify all recipients of public assistance benefit cards that any violation of subsection (1) or (4) of this section could result in legal proceedings and forfeiture of all cash public assistance.

(b) Whenever the department has confirmed that a person has violated subsection (1) or (4) of this section, the department shall notify the person in writing that the violation could result in legal proceedings and forfeiture of all cash public assistance.

(6) As used in this section, "public assistance" or "public assistance benefit" means benefits provided to a recipient pursuant to the temporary assistance for families in Idaho (TAFI) program on an Idaho quest EBT card account.

(7) This section shall be enforced by the director of the department of health and welfare in cooperation with local law enforcement and prosecuting agencies.

History:

[56-227F, added 2012, ch. 182, sec. 1, p. 484.]