SB 559-1_ Filed 04/03/2013, 13:40
Adopted 4/4/2013


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

17

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Ways and Means     , to which was referred       Senate Bill 559     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 18; (13)CR055903.2. -->     Page 2, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 12-7-2-74.3; (13)CR055903.3. -->     "SECTION 3. IC 12-7-2-74.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 74.3. "EBT card", for purposes of IC 12-13-14-15, has the meaning set forth in IC 12-13-14-15(a).".
SOURCE: Page 2, line 33; (13)CR055903.2. -->     Page 2, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 12-13-14-4.5; (13)CR055903.4. -->     "SECTION 4. IC 12-13-14-4.5, AS AMENDED BY P.L.3-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Except as provided in this section, the division may distribute cash assistance benefits to a person who is eligible for assistance under the Title IV-A assistance program though an automated teller machine or a point of sale terminal that is connected to the EBT system.
    (b) The following establishments shall post a sign next to each automated teller machine or point of sale terminal located on the

premises informing a potential user that the automated teller machine or point of sale terminal may not be used to receive cash assistance benefits under the Title IV-A assistance program:
        (1) A horse racing establishment:
            (A) where the pari-mutuel system of wagering is authorized; and
            (B) for which a permit is required under IC 4-31-5.
        (2) A satellite facility:
            (A) where wagering on horse racing is conducted; and
            (B) for which a license is required under IC 4-31-5.5.
        (3) An allowable event required to be licensed by the Indiana gaming commission under IC 4-32.2.
        (4) A riverboat or other facility required to be licensed by the Indiana gaming commission under IC 4-33.
        (5) A store or other establishment:
            (A) where the primary business is the sale of firearms (as defined in IC 35-47-1-5); and
            (B) that sells handguns for which a license to sell handguns is required under IC 35-47-2.
        (6) A store or other establishment where the primary business is the sale of alcoholic beverages for which a permit is required under IC 7.1-3.
        (7) An adult entertainment establishment.
    (c) An:
        (1) establishment that does not post the sign required under subsection (b); or
        (2) individual who attempts to use an automated teller machine or point of sale terminal with a sign posted as required under subsection (b) to access cash assistance benefits under the Title IV-A assistance program in violation of subsection (b);
commits a Class C misdemeanor.
     (d) The owner, vendor, or third party processor of an automated teller machine or point of sale terminal shall disable or have disabled access to electronic cash assistance benefits in a location described in subsection (b) unless the location has been approved by the federal Food and Nutrition Services. The division shall provide assistance to an owner, vendor, or third party processor under this subsection. A person that violates this

subsection commits a Class B infraction.
    (d) (e) The division shall adopt rules under IC 4-22-2 to carry out this section.".

SOURCE: Page 3, line 4; (13)CR055903.3. -->     Page 3, line 4, delete "This section is effective" and insert " As used in this section, "EBT card" has the meaning set forth in 470 IAC 6-0.5-1.
    (b) The replacement process established under this section applies until federal rules are adopted establishing a replacement EBT card process that supersedes or nullifies the process established by the division.
".
    Page 3, delete lines 5 through 6.
    Page 3, line 7, delete "(b)" and insert " (c)".
    Page 3, line 9, delete "division's local office" and insert " division".
    Page 3, line 13, delete "(c)" and insert " (d)".
    Page 3, line 13, delete "deny" and insert " hold".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 559 as printed February 22, 2013.)

and when so amended that said bill do pass.

__________________________________

Representative Brown T


CR055903/DI 92    2013