Changes to Existing Law

The Human Services Center, Yankton, created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department Human Services, relating to the Human Services Center, Yankton.

AnyA person who knowinglyis guilty of unauthorized acquisition or transfer of Supplemental Nutrition Assistance Program benefits if the person knowingly: (1) Acquires, purchases, possesses, or uses any food stamp Supplemental Nutrition Assistance Program EBT card to obtain food stamp Supplemental Nutrition Assistance Program benefits that the person is not entitled to; (2) Transfers, sells, trades, gives, or otherwise disposes of any food stamp Supplemental Nutrition Assistance Program EBT card to another person not entitled to receive or use it in exchange for anything of value; (3) Acquires, purchases, possesses, or uses any eligible goods purchased with a food stamp Supplemental Nutrition Assistance Program EBT card that the person is not entitled to; or (4) Transfers, sells, trades, gives, or otherwise disposes of any eligible goods purchased with a food stamp Supplemental Nutrition Assistance Program EBT card to another person not entitled to receive it in exchange for anything of value; is guilty of unauthorized acquisition or transfer of food stamp benefits. 25

Any person convicted of an offense under § subdivision 28-1-82(1) or (2) for food stamp benefits with an a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under § subdivision 28-1-82(1) or (2) for food stamp benefits with ana Supplemental Nutrition Assistance Program EBT card value of more than one thousand dollars is guilty of a Class 6 felony. Amounts involved in the acquisition or transfer of EBT cards in violation of § subdivisions 28-1-82(1) and (2), committed pursuant to one scheme or course of conduct in any twelve-month period, may be aggregated in determining the degree of the offense. Any person convicted of an offense under § subdivision 28-1-82(3) or (4) is guilty of a Class 1 misdemeanor.

As used in §§ 28-1-82 to 28-1-84, inclusive, the term, food stamp, Supplemental Nutrition Assistance Program EBT card, means any electronic benefit transfer card issued for the purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§ 2011 to 2029, inclusive, in effect on January 1, 2005. As used in §§ 28-1-82 to 28-1-84, inclusive, the term,EBT, means electronic benefit transfer.

The Department of Social Services may enter into agreements and contracts with the United States federal government and its agencies and with the political subdivisions of this state for the purpose of participating in The the Food Stamp Act of 1964 (P.L. 88-525) and any related acts, as amended to January 1, 2004. The secretary of social services shall promulgate reasonable and necessary rules, pursuant to chapter 1-26, as required by the federal government for the administration of the food stampprogram Supplemental Nutrition Assistance Program in South Dakota this state. SuchThe rules shall must be in accordance with federal regulations implementing The the Food Stamp Act of 1964, as amended to January 1, 2004.