Bill 2164

                    Current Status

Bill Number:               2164
Ratification Number:       159
Act Number:                110
Introducing Body:          House
Subject:                        Public assistance funds

(A110, R159, H2164)

AN ACT TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATION ACT) RELATING TO PUBLIC ASSISTANCE FUNDS SO AS TO CHANGE THE DESIGNATION OF THE FUNDS TO DISASTER ASSISTANCE FUNDS, TO AMEND SECTION 21 OF PART II OF ACT 199 OF 1979 RELATING TO EMERGENCY PREPAREDNESS SO AS TO EMPOWER THE GOVERNOR TO ACCEPT FEDERAL DISASTER ASSISTANCE GRANTS, ENTER INTO AGREEMENTS TO PARTICIPATE IN FUNDING THE DISASTER ASSISTANCE, TO MAKE INDIVIDUAL AND FAMILY GRANTS IN MAJOR DISASTER SITUATIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Account established

SECTION 1. Section 31 of Part II of Act 512 of 1984 is amended to read:

"Section 31. There is established in the Office of the State Treasurer a continuing account to be used to match disaster

assistance funds when required by the federal entity providing the funds. The fund must be established and maintained with appropriations as the General Assembly may authorize in the annual General Appropriations Act and as otherwise provided herein, and shall continue from year to year. The State Treasurer shall hold the funds in a separate and distinct account and all interest and other income accruing on the funds must be retained in the account. The funds in the continuing account may be disbursed only upon the authorization of the Governor.

In a Presidentially-declared disaster it is the intent of the General Assembly that the Governor's recourse is to funds approved by the General Assembly into the Disaster Trust Fund. If the Governor finds that the demand upon this fund is unreasonably great and insufficient to meet immediate disaster needs (and the General Assembly is not in session), he may request through the Budget and Control Board a transfer into the Disaster Trust Fund monies appropriated for other purposes and in amounts not to exceed five million dollars in any fiscal year of the State."

Governor may accept federal disaster assistance grants

SECTION 2. Subsubsection (a) of Subsection C of Section 21 of Part II of Act 199 of 1979 is amended by adding at the end:

"(8) Within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State:

(i) Request and accept a grant by the Federal Government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster related expenses or serious needs that may not be otherwise met from other means of assistance.

(ii) Enter into an agreement with the Federal Government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (i) of this item, under a ratio not to exceed twenty-five percent of the assistance.

(iii) Make financial grants to meet disaster related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance, which shall not exceed five thousand dollars in the aggregate to an individual or family in any single major disaster declared by the President, subject to the limitations contained in subitem (ii) of this item.

(iv) Promulgate necessary regulations for carrying out the purposes of this item."

Penalty

SECTION 3. Subsection C of Section 21 of Part II of Act 199 of 1979 is amended by adding at the end:

"(c) (1) Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance made available pursuant to item (8) of subsubsection (a) of this subsection, upon conviction of each offense, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

(2) Any person who knowingly violates any regulation promulgated pursuant to item (8) of subsubsection (a) of this subsection is subject to a civil penalty of not more than two thousand dollars for each violation.

(3) A grant recipient who misapplies financial assistance made available by item (8) of subsubsection (a) of this subsection is subject to a civil penalty in an amount equal to one hundred and fifty percent of the original grant amount."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.