Sunday, February 06, 2011

Unenforceable Laws

Kevin Bratcher


Kentucky started using electronic benefit cards over ten years ago, the program went live on May 1, 1999.

Now Representatives Kevin Bratcher and Stan Lee want to make sure that public assistance electronic benefit cards are not used for gambling. At first blush this sounds like a common sense kind of law.

Stan Lee



Here is what they want:




HB 194 (BR 195) - K. Bratcher, S. Lee
AN ACT relating to the use of public assistance for gambling.
Create a new section of KRS Chapter 205 to prohibit a person receiving public assistance from using electronic benefit cards or cash obtained with electronic benefit cards for any type of gambling at any location; require recipient to sign a statement of understanding and agreement to comply; create a new section of KRS Chapter 154A to prohibit a licensed lottery retailer from permitting the use of public assistance electronic benefit cards for the purchase of lottery tickets; amend KRS 154A.990 to add a violation for the first offense and a Class B misdemeanor for each subsequent offense; create a new section of KRS Chapter 230 to prohibit a licensed pari-mutuel operation from permitting the use of public assistance electronic benefit cards for the purpose of pari-mutuel wagering; amend KRS 230.990 to add a violation for the first offense and a Class B misdemeanor for each subsequent offense; create a new section of KRS 238 to prohibit a licensed charitable gaming organization from permitting the use of public assistance electronic benefit cards for the purpose charitable gaming; amend KRS 238.995 to add a violation for the first offense and a Class B misdemeanor for each subsequent offense.



Jan 6-introduced in House



Jan 7-to Licensing & Occupations (H)



Just one question for Bratcher and Lee, how are you going to enforce this law?



I can see how you could threaten vendors to stop them from taking the card for a lottery ticket and maybe even run an EBT sting for class B misdemeanors.



But how in the name of anything sensible are you going to monitor every cash transaction for a lottery ticket to see if the person is using cash they got from an EBT card.



This bill isn’t about stopping people from using public assistance money to gamble. This purpose of this bill is so Bratcher and Lee can go to their financially comfortable constituents and claim they are trying to control the welfare moms and save tax dollars.



The public offence here is these two guys wasting our tax dollars with an unenforceable law so they can posture and say they did something.