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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Path council\ggs\22765mm07.doc)
Amt. No. 2 (Doc. Path council\bbm\9828htc.07.doc)
Amt. No. 3 (Doc. Path council\ms\7199ab07.doc)
March 7, 2007
H. 3149
Introduced by Reps. Toole, Umphlett, Kirsh, Littlejohn, Mahaffey, Herbkersman, Cotty, Viers, Clemmons, Frye and Duncan
S. Printed 2/28/07--H.
Read the first time January 9, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-252 SO AS TO PROVIDE THAT A PERSON MAY NOT RECEIVE FOOD ASSISTANCE PAYMENTS INCLUDING, BUT NOT LIMITED TO, FOOD STAMPS IF THE STATE ADMINISTERS THE ELIGIBILITY PROCESS, UNLESS THE PERSON VERIFIES THAT HE OR SHE IS LAWFULLY PRESENT IN THE STATE, AND TO REQUIRE SUCH A PERSON TO APPLY FOR SUCH BENEFITS THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM, AND TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE SUCH BENEFITS IN VIOLATION OF THIS ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5, Title 43 of the 1976 Code, is amended by adding:
"Section 43-5-252. (A) Unless a person verifies that he or she is lawfully present in this State, the person may not receive food assistance payments including, but not limited to, food stamps, if these payments are provided to an individual, household, or family eligibility unit by a federal or state agency and a state agency or a political subdivision of the state administers the eligibility process.
(B) A person required to verify that he or she is lawfully present in this State shall execute an affidavit that he or she is:
(1) a United States citizen or legal permanent resident of this State, eighteen years of age or older; or
(2) a qualified immigrant or nonimmigrant under the federal Immigration and Nationality Act, eighteen years of age or older lawfully present in the United States.
(C) For every applicant who has executed an affidavit that he is lawfully present in this State, eligibility for food assistance payments including, but not limited to, food stamps, must be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security, Citizenship and Immigration Services or a successor program designated by the United States Department of Homeland Security, Citizenship and Immigration Services. Until eligibility is verified pursuant to SAVE, the affidavit is presumed to be proof of the applicant's lawful presence in this State for the purposes of this section.
(D) To the extent that there is no direct conflict with this section or federal law, variations to the requirements of this section may be adopted to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances if the verification procedures provided in this section would impose unusual hardship on a legal resident of South Carolina.
(E) A person who knowingly and wilfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (B) is guilty of the offense of perjury and must be punished as provided for in Section 16-9-10.
(F) It is unlawful to provide any food assistance payments including, but not limited to, food stamps, in violation of the provisions of this section.
(G) The provisions of this section must be enforced by the Department of Social Services without regard to race, religion, gender, ethnicity, or national origin.
(H) this section does not apply to an application for recipients under the age of 18."
SECTION 2. Article 1, Chapter 5, Title 43 of the 1976 Code is amended by adding:
"Section 43-5-254. The department shall provide education and counseling services for all persons it has determined eligible to receive United States Department of Agriculture food coupons. This education and counseling must include basic information on nutrition requirements and shopping and meal preparation advice designed to assist the recipient in making the best use of the assistance provided in meeting individual and family nutrition requirements."
SECTION 3. This act takes effect July 1, 2008.
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