Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0103.01 Jerry Barry x4341    SENATE BILL 14-037
                   SENATE SPONSORSHIP
 Marble, 
 
                    HOUSE SPONSORSHIP
 Wright and Nordberg, Buck, Humphrey, Saine
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning prohibitions on the use by recipients of public
            benefits of automated teller machines at certain
            establishments.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Federal law requires states to take measures to prevent recipients
       of public benefits from using electronic benefit transfers at liquor stores,
       gambling establishments, and adult-oriented entertainment
       establishments. Current Colorado law prohibits the use of automated
       teller machines by recipients of public benefits at gambling
       establishments, firearms dealers, and liquor stores. The bill extends the
       Colorado prohibitions to establishments licensed to sell marijuana or
       marijuana-infused products and adult-oriented entertainment
       establishments.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 26-2-104, amend (2)
       (a) as follows:
            26-2-104.  Public assistance programs - electronic benefits
       transfer service - rules. (2) (a) (I)  The state department is authorized to
       implement an electronic benefits transfer service for administering the
       delivery of public assistance payments and food stamps to recipients. The
       electronic benefits transfer service shall be designed to allow clients
       access to cash benefits through automated teller machines or similar
       electronic technology. The electronic benefits transfer service shall allow
       allows clients eligible for food stamps access to food items through the
       use of point of sale terminals at retail outlets.
            (II)  Only those businesses that offer products or services related
       to the purpose of the public assistance benefits shall be are allowed to
       participate in the electronic benefits transfer service through the use of
       point of sale terminals. Clients shall not be are not allowed to access
       cash benefits through the electronic benefits transfer service from
       automated teller machines in this state located in:
            (A)  Licensed gaming establishments, as defined in section
       12-47.1-103 (15), C.R.S., in-state simulcast facilities, as defined in
       section 12-60-102 (14), C.R.S., tracks for racing, as defined in section
       12-60-102 (26), C.R.S., or commercial bingo facilities, as defined in
       section 12-9-102 (2.3), C.R.S.;
            (B)  Stores or establishments in which the principal business is the
       sale of firearms; or
            (C)  Retail establishments licensed to sell malt, vinous, or
       spirituous liquors pursuant to part 3 of article 47 of title 12, C.R.S.;
            (D)  Establishments licensed to sell marijuana or
       marijuana-infused products pursuant to article 43.3 or 43.4 of
       title 12, C.R.S.; or
            (E)  Establishments that provide adult-oriented
       entertainment in which performers disrobe or perform in an
       unclothed state for entertainment.
            (III)  In the development and implementation of the service, the
       state department shall consult with representatives of those persons,
       agencies, and organizations that will use or be affected by the electronic
       benefits transfer service, including program clients, to assure that the
       service is as workable, effective, and efficient as possible. The electronic
       benefits transfer service shall be is applicable to the public assistance
       programs described in subsection (1) of this section and to food stamps
       as described in part 3 of this article. The state department shall contract
       in accordance with state purchasing requirements with any entity for the
       development and administration of the electronic benefits transfer service.
       In order to ensure the integrity of the electronic benefits transfer service,
       the system developed pursuant to this section shall must use, but is not
       limited to, security measures such as individual personal identification
       numbers, photo identification, or fingerprint identification. The security
       method or methods selected shall must be those that are most efficient
       and effective. The state board shall establish by rule a policy and
       procedure to limit losses to a client after the client reports that the
       electronic benefits transfer card or benefits have been lost or stolen. The
       state department may authorize county departments of social services to
       charge a fee to a client to cover the costs related to issuing a replacement
       electronic benefits transfer card.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.