Current Status Introducing Body:House Bill Number:3175 Primary Sponsor:Davenport Type of Legislation:GB Subject:Public funds, fraudulent acquisition of Residing Body:Senate Computer Document Number:436/12849AC.93 Introduced Date:19930119 Date of Last Amendment:19930209 Last History Body:Senate Last History Date:19930303 Last History Type:Committee Report: majority favorable, minority unfavorable Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3175 Senate 19930303 Committee Report: majority 11
favorable, minority
unfavorable
3175 Senate 19930211 Introduced, read first time, 11
referred to Committee
3175 House 19930210 Read third time, sent to
Senate
3175 House 19930209 Amended, read second time
3175 House 19930203 Committee Report: Favorable 25
with amendment
3175 House 19930119 Introduced, read first time, 25
referred to Committee
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COMMITTEE REPORT
March 3, 1993
H. 3175
S. Printed 3/3/93--S.
Read the first time February 11, 1993.
To whom was referred a Bill (H. 3175), to amend the Code of Laws of South Carolina, 1976, by adding Section 16-13-435, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
Majority favorable. Minority unfavorable.
JAMES E. BRYAN MAGGIE W. GLOVER
For Majority. For Minority.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROVIDE FOR AN OFFENSE FOR FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-13-435. (A) It is unlawful for a person by means of a false statement or representation, an impersonation, a failure to disclose information, or by other fraudulent device knowingly or intentionally to obtain, attempt to obtain, or aid, abet, or assist another person in obtaining or attempting to obtain a grant or payment of public assistance, Food Stamp Program benefits, medical assistance (Medicaid), or other assistance to which the person is not entitled under a social, health, or nutritional program except as authorized by a federal or state law or regulations. A person who violates this subsection is guilty of a felony and, upon conviction, if the assistance acquired or used is of a value of one thousand dollars or more, must be fined not more than five thousand dollars, or imprisoned for not more than five years, or both. If the assistance acquired or used is less than one thousand dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than three years, or both; however, if the assistance acquired or used is of a value not exceeding two hundred dollars, the case must be prosecuted in magistrate's court and the punishment is not more than is permitted by law without presentment or indictment of the grand jury.
(B) It is unlawful for an individual, partnership, corporation, or other legal entity to issue Food Stamp Program benefits in a manner not authorized by federal law and regulations or state law and regulations or to use, transfer, acquire, or possess in any other manner benefits from the Food Stamp Program other than as authorized by federal or state law or federal or state regulations. An individual, partnership, corporation, or other legal entity that violates this subsection is guilty of a felony and, upon conviction, if the food stamp benefits are of a value of one hundred dollars or more, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, or is guilty of a misdemeanor and, upon conviction, if the benefits are of a value of less than one hundred dollars, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. Punishment for an offense under this subsection also may include suspension from participation in the Food Stamp Program for a period of time as provided by federal law or regulation.
(C) The State through the prosecuting entity has the option to consider each benefit paid a separate offense or may elect to consider the cumulative total of all past benefits paid as one offense under this section."
SECTION 2. Section 16-13-430 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.