Bill Text: SC H4259 | 2013-2014 | 120th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Military Service Integrity and Preservation Act

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2014-06-02 - Act No. 175 [H4259 Detail]

Download: South_Carolina-2013-H4259-Comm_Sub.html


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 19, 2014

H. 4259

Introduced by Reps. Goldfinch and Clemmons

S. Printed 3/19/14--S.

Read the first time January 21, 2014.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4259) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-17-760 so as to enact the "South Carolina Military Service Integrity and Preservation Act", etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, by striking lines 32-40 and inserting:

/    (B)    A person who, with the intent of securing a tangible benefit, knowingly and falsely represents himself through a written or oral communication, including a resume, to have:

(1)    served in the Armed Forces of the United States, is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both; or

(2)    been awarded a Congressional Medal of Honor, a Distinguished-Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Purple Heart, a Combat Infantryman's Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, or a Combat Action Medal as authorized by Congress or pursuant to federal law for the Armed Forces of the United States, is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.        /

Amend the bill further, as and if amended, page 2 by striking line 6 and inserting:

/    proceeding.

(5)    an effect on an election which is presumed if the representation is made by a candidate for public office."    /

Renumber sections to conform.

Amend title to conform.

TOM YOUNG, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Office of the Adjutant General

The office reports enactment of this bill would have no impact on the General Fund of the State or federal and/or other funds.

Approved By:

Brenda Hart

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.

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

SECTION    1.    Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-760.    (A)    This section may be cited as the 'South Carolina Military Service Integrity and Preservation Act'.

(B)    A person who, with the intent of securing a tangible benefit, knowingly and falsely represents himself through a written or oral communication, including a resume, to have served in the Armed Forces of the United States or to have been awarded a decoration, medal, ribbon, or other device authorized by Congress or pursuant to federal law for the Armed Forces of the United States is guilty of a misdemeanor, and upon conviction, may be fined up to five hundred dollars or imprisoned for up to thirty days, or both.

(C)    For purposes of this section, 'tangible benefit' includes:

(1)    a benefit relating to military service provided by the federal government or a state or local government;

(2)    employment or personal advancement;

(3)    financial remuneration; or

(4)    an effect on the outcome of a criminal or civil court proceeding."

SECTION    2.    This act takes effect upon approval by the Governor.

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