H 3302 General Bill, By Davenport, Allison, H. Brown, Cotty, Fair, 
J.S. Shissias and C.C. Wells
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 16-13-435 so as to prohibit the 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.

   01/18/95  House  Introduced and read first time HJ-23
   01/18/95  House  Referred to Committee on Judiciary HJ-23

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROHIBIT THE 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.