H 4592 General Bill, By Wilkins, S.E. Gonzales, Harvin, B.H. Harwell, Haskins, 
K.G. Kempe, H.H. Keyserling, Kirsh, Meacham, R. Smith, Vaughn, Wilkes and 
R.M. Young
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 16-17-726 so as to prohibit filing false or fraudulent statements with a state
 or local government; 16-17-727 so as to prohibit false, fictitious, or
 fraudulent claims against a governmental entity; 16-17-728 so as to prohibit a
 conspiracy to commit fraud against a state or local government; and 16-17-729
 so as to prohibit false statements to any agency or department of the state or
 local government; and to amend Section 16-17-725, relating to giving false
 statements, so as to prohibit giving false statements to a state regulatory
 agency.

   03/24/92  House  Introduced and read first time HJ-13
   03/24/92  House  Referred to Committee on Judiciary HJ-13
   05/13/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   05/21/92  House  Debate adjourned until Tuesday, May 26, 1992 HJ-83
   05/26/92  House  Amended HJ-49
   05/26/92  House  Read second time HJ-50
   05/27/92  House  Read third time and sent to Senate HJ-28
   05/27/92  Senate Introduced and read first time SJ-18
   05/27/92  Senate Referred to Committee on Judiciary SJ-18

AMENDED

May 26, 1992

H. 4592

Introduced by REPS. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young

S. Printed 5/26/92--H.

Read the first time March 24, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-726. It is unlawful for a person wilfully to make and subscribe a document, statement, or return which is filed with a state or local government, or any of its departments or agencies, that is verified by a written declaration made under the penalty of perjury, and which the person does not believe to be true and correct as to every material matter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-727. It is unlawful for a person knowingly to make or present to a state or local government, or any of its departments or agencies, a false, fictitious, or fraudulent claim against the governmental entity. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-728. (A) In any matter within the jurisdiction of a state or local government or any of its departments or agencies, it is unlawful for a person knowingly or wilfully to:

(1) falsify or conceal, by trick, scheme, or device, a material fact; or

(2) make any false, fictitious, or fraudulent statement, representation, or document.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-729. All government forms, documents, statements, or returns that require a person to provide information to a state or local government agency must contain a statement in heavy black boldface print of at least one point size larger than the print otherwise used on the form, document, statement, or return that a false or fraudulent statement made by a person pursuant to Sections 16-17-726 to 16-17-728 is a misdemeanor and, upon conviction, the person must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both."

SECTION 2. Section 16-17-725 of the 1976 Code is amended to read:

"Section 16-17-725. (A) It is unlawful for any a person to knowingly to:

(1) make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any person to knowingly after notice of a criminal investigation;

(2) give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire;

(3) give false information to a state regulatory agency after notice of a regulatory investigation.

(B) Any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed more than two one hundred thousand dollars or by a term of imprisonment imprisoned not to exceed more than thirty days, or both."

SECTION 3. This act takes effect upon approval by the Governor.