H*2164 Session 106 (1985-1986)
H*2164(Rat #0159, Act #0110 of 1985) General Bill, By E.C. Lewis
Similar(S 538)
A Bill to amend Section 31 of Part II of Act 512 of 1984 (The General
Appropriation Act) relating to public assistance funds, so as to change the
designation of the funds to disaster assistance funds, to amend Section 21 of
Part II of Act 199 of 1979 relating to emergency preparedness so as to empower
the Governor to accept federal disaster assistance grants, enter into
agreements to participate in funding the disaster assistance, to make
individual and family grants in major disaster situations and to provide
penalties for violations.
01/16/85 House Introduced and read first time HJ-313
01/16/85 House Referred to Committee on Ways and Means HJ-313
04/30/85 House Committee report: Favorable Ways and Means HJ-2729
05/01/85 House Amended HJ-2819
05/01/85 House Read second time HJ-2820
05/02/85 House Read third time and sent to Senate HJ-2888
05/02/85 Senate Introduced and read first time SJ-1910
05/02/85 Senate Referred to Committee on Finance SJ-1911
05/07/85 Senate Committee report: Favorable Finance SJ-1945
05/09/85 Senate Read second time SJ-2036
05/15/85 Senate Read third time and enrolled SJ-2105
05/21/85 Ratified R 159
05/24/85 Signed By Governor
05/24/85 Effective date 05/24/85
05/24/85 Act No. 110
06/11/85 Copies available
(A110, R159, H2164)
AN ACT TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL
APPROPRIATION ACT) RELATING TO PUBLIC ASSISTANCE FUNDS SO AS TO CHANGE THE
DESIGNATION OF THE FUNDS TO DISASTER ASSISTANCE FUNDS, TO AMEND SECTION 21 OF
PART II OF ACT 199 OF 1979 RELATING TO EMERGENCY PREPAREDNESS SO AS TO EMPOWER
THE GOVERNOR TO ACCEPT FEDERAL DISASTER ASSISTANCE GRANTS, ENTER INTO AGREEMENTS
TO PARTICIPATE IN FUNDING THE DISASTER ASSISTANCE, TO MAKE INDIVIDUAL AND FAMILY
GRANTS IN MAJOR DISASTER SITUATIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Account established
SECTION 1. Section 31 of Part II of Act 512 of 1984 is amended to read:
"Section 31. There is established in the Office of the State Treasurer a
continuing account to be used to match disaster
assistance funds when required by the federal entity providing the funds. The
fund must be established and maintained with appropriations as the General
Assembly may authorize in the annual General Appropriations Act and as otherwise
provided herein, and shall continue from year to year. The State Treasurer shall
hold the funds in a separate and distinct account and all interest and other
income accruing on the funds must be retained in the account. The funds in the
continuing account may be disbursed only upon the authorization of the Governor.
In a Presidentially-declared disaster it is the intent of the General Assembly
that the Governor's recourse is to funds approved by the General Assembly into
the Disaster Trust Fund. If the Governor finds that the demand upon this fund
is unreasonably great and insufficient to meet immediate disaster needs (and the
General Assembly is not in session), he may request through the Budget and
Control Board a transfer into the Disaster Trust Fund monies appropriated for
other purposes and in amounts not to exceed five million dollars in any fiscal
year of the State."
Governor may accept federal disaster assistance grants
SECTION 2. Subsubsection (a) of Subsection C of Section 21 of Part II of Act 199
of 1979 is amended by adding at the end:
"(8) Within the limits of any applicable constitutional requirements and
when a major disaster or emergency has been declared by the President to exist
in this State:
(i) Request and accept a grant by the Federal Government to fund financial
assistance to individuals and families adversely affected by a major disaster,
subject to terms and conditions as may be imposed upon the grant but only upon
his determination that the financial assistance is essential to meet disaster
related expenses or serious needs that may not be otherwise met from other means
of assistance.
(ii) Enter into an agreement with the Federal Government, through an officer
or agency thereof, pledging the State to participate in the funding of the
financial assistance authorized in subitem (i) of this item, under a ratio not
to exceed twenty-five percent of the assistance.
(iii) Make financial grants to meet disaster related necessary expenses or
serious needs of individuals or families adversely affected by a major disaster
which may not otherwise be adequately met from other means of assistance, which
shall not exceed five thousand dollars in the aggregate to an individual or
family in any single major disaster declared by the President, subject to the
limitations contained in subitem (ii) of this item.
(iv) Promulgate necessary regulations for carrying out the purposes of this
item."
Penalty
SECTION 3. Subsection C of Section 21 of Part II of Act 199 of 1979 is amended
by adding at the end:
"(c) (1) Any person who fraudulently or wilfully makes a misstatement of
fact in connection with an application for financial assistance made available
pursuant to item (8) of subsubsection (a) of this subsection, upon conviction of
each offense, must be fined not more than five thousand dollars or imprisoned for
not more than one year, or both.
(2) Any person who knowingly violates any regulation promulgated pursuant to
item (8) of subsubsection (a) of this subsection is subject to a civil penalty
of not more than two thousand dollars for each violation.
(3) A grant recipient who misapplies financial assistance made available by
item (8) of subsubsection (a) of this subsection is subject to a civil penalty
in an amount equal to one hundred and fifty percent of the original grant
amount."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |