H*2324 Session 107 (1987-1988)
H*2324(Rat #0023, Act #0011 of 1987) General Bill, By
House Medical, Military, Public and Municipal Affairs
Similar(S 133)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 7
to Chapter 5 of Title 43 so as to enact a special supplemental food program
for pregnant and breastfeeding women, infants, and children to be administered
by the Department of Health and Environmental Control which provides
nutritional education and supplemental food to eligible persons and to provide
a penalty for violation of the Article.
01/28/87 House Introduced, read first time, placed on calendar
without reference HJ-255
02/03/87 House Debate adjourned HJ-359
02/04/87 House Objection by Rep. McLellan, L Martin, JD Bradley,
Kohn, Holt, HJ-384
02/04/87 House Objection by Rep. Blanding & Faber HJ-384
02/04/87 House Read second time HJ-409
02/05/87 House Objection withdrawn by Rep. L. Martin & McLellan HJ-433
02/05/87 House Read third time and sent to Senate HJ-434
02/05/87 Senate Introduced and read first time SJ-454
02/05/87 Senate Referred to Committee on Medical Affairs SJ-454
02/19/87 Senate Committee report: Favorable Medical Affairs SJ-597
02/24/87 Senate Read second time SJ-638
02/25/87 Senate Read third time and enrolled SJ-672
03/10/87 Ratified R 23
03/16/87 Signed By Governor
03/16/87 Effective date 03/16/87
03/16/87 Act No. 11
03/19/87 Copies available
(A11, R23, H2324)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7
TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR
PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL
EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR
VIOLATION OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that substantial numbers of pregnant and
breastfeeding women, infants, and young children (WIC) from families with
inadequate income are at special risk with respect to their physical and mental
health by reason of inadequate nutrition or health care, or both. It is declared
to be the policy of the State to provide nutritional education and supplemental
foods to eligible persons through the administration of the WIC Program. The
participation by persons in this program is to be monitored to ensure that
program requirements are met. It is further declared that to secure these
purposes and the enforcement of the provisions of this article, the Department
of Health and Environmental Control has authority to administer the WIC Program
to minimize the occurrence of health problems and improve the health status of
the program participants.
WIC Program
SECTION 2. Chapter 5 of Title 43 of the 1976 Code is amended by adding:
"Article 7
Women, Infants, and Children Supplemental Food Program
Section 43-5-910. This article may be cited as the 'WIC Vendor Act' and unless
the context otherwise requires:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'WIC' means the Special Supplemental Food Program for Pregnant and
Breastfeeding Women, Infants, and Children.
(3) 'Vendor' means any food store or pharmacy approved for participation in
the WIC Program which has a valid WIC Vendor Agreement on file at the WIC Program
office.
(4) 'Person' means any individual, corporation, partnership, association,
firm, trust, estate, or any other legal entity.
Section 43-5-920. The department is granted the authority and responsibility
for the effective and efficient administration of the WIC Program within South
Carolina, as may be delegated by the federal government pursuant to federal act
and regulation.
Section 43-5-930. The department may promulgate and enforce regulations to
govern the participation of vendors in the WIC Program including a point system
to determine periods of disqualification; to impose other sanctions and civil
penalties for violation of this article and regulations issued under it; and to
prescribe any other policies or practice requirements to implement the purpose
of this article.
Section 43-5-940. The department has the authority to:
(1) enter into agreements with vendors in order to provide supplemental foods
for program participants;
(2) hold hearings, compel attendance of witnesses, and make findings and
determinations;
(3) issue, revoke, and modify orders relating to the administration of the WIC
Program;
(4) establish and impose disqualification periods for persons not meeting the
terms of the WIC Vendor Agreement or violating regulations;
(5) establish and impose a point system to be used to determine the
disqualification period;
(6) recover monies from any vendor who overcharges the department;
(7) settle or compromise any action or cause of action for the recovery of a
penalty or monies under this article as it may consider advantageous to the
State.
Section 43-5-950. Any person who violates any of the provisions of this
article, or any regulation, agreement, final determination, or order of the
department is guilty of a misdemeanor and upon conviction must be punished by a
fine of not less than five hundred dollars nor more than ten thousand dollars for
each day's violation or be imprisoned for a period not to exceed one year, or
both.
Section 43-5-960. Any person violating any of the provisions of this article
or any regulation, agreement, final determination, or order of the department is
subject to disqualification, or a civil penalty not to exceed five thousand
dollars each day of the violation, or both.
Section 43-5-970. A decision of the department imposing disqualification,
penalties, or requiring a vendor to refund monies for overcharging may be
appealed pursuant to the state Administrative Procedures Act and the department's
Contested Cases Regulation."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |