Current Status Introducing Body:Senate Bill Number:761 Primary Sponsor:Bryan Committee Number:11 Type of Legislation:GB Subject:Loan and credit applications, false Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/4562AL.93 Introduced Date:19930506 Last History Body:Senate Last History Date:19930506 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Ryberg Wilson Drummond Thomas J. Verne Smith Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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761 Senate 19930506 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-724 SO AS TO PROHIBIT FALSE LOAN AND CREDIT APPLICATIONS; 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-724. It is unlawful for a person knowingly to make a false statement or report, or wilfully overvalue any land, property, or security for the purpose of influencing in any way the action of the Job-Economic Development Authority, Community Development Block Grant Loan Program, Carolina Capital Investment Corporation Loan Program, Export Working Capital, Guarantee Program, a state intermediate credit bank, or a division, officer, or employee, a state chartered savings and loan association, a state charted credit union, and a bank chartered or regulated by the State Board of Financial Institutions upon any application, advance, discount, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than two years, or both.
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. It is unlawful for two or more persons to conspire to commit an offense against a state or local government, or any of its departments or agencies and for one or more of the persons to do any act to effect the object of the conspiracy. Upon conviction, each person must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both. However, if the offense which is the object of the conspiracy is a misdemeanor, the punishment for the conspiracy must not exceed the maximum punishment provided for the misdemeanor.
Section 16-17-729. (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 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 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.