STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 373	By:	Brecheen

AS INTRODUCED

An Act relating to public assistance fraud; amending 56 O.S. 2001, Sections 26.18 and 185, which relate to penalties for public assistance fraud; modifying penalties related to penalties for public assistance fraud; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     56 O.S. 2001, Section 26.18, is amended to read as follows:
Section 26.18  A.  Every applicant for emergency relief or general assistance shall make a written application, containing a written certification, under penalty of perjury, alleging that all facts set out in such application are true and correct.  And said application shall be forthwith acted upon, with dispatch and without delay.
B.  Any person, whose duty it is to pass upon the eligibility of persons to participate in any benefits provided in this act, who shall knowingly, willfully or intentionally allow, or cause to be allowed, any claim to any person known to be ineligible for such relief, or, who aids, or abets, or persuades any person to sign an application to obtain by means of a willfully false statement or representation or other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled shall be guilty of a felony, and upon conviction thereof shall be imprisoned not less than one (1) year or more than five (5) years or be fined not less than One Hundred Dollars ($100.00) Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) Five Thousand Dollars ($5,000.00), or be both so fined and imprisoned in at the discretion of the court.
SECTION 2.     AMENDATORY     56 O.S. 2001, Section 185, is amended to read as follows:
Section 185.  Any person who:
1.  Obtains or attempts to obtain, or aids, abets or assists any person to obtain, by means of a false statement or representation,  by false impersonation, by a fictitious transfer, conveyance or encumbrance of property or income, by a knowing and willful failure to report to the Department of Human Services income, personal property, real property, household members, or other material eligibility factors at the time of application or during the receipt of assistance, or by other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled; or
2.  By sale, barter, purchase, theft, acquisition, possession or use of any electronic benefits or debit card or any other device authorizing participation in the Temporary Assistance for Needy Families or other program of the Department, knowingly obtains, aids, abets or assists any person to obtain or attempt to obtain assistance to which a person is not entitled, shall be guilty of a misdemeanor felony, if the aggregate amount of assistance received as a result thereof is Five Hundred Dollars ($500.00) or less.  Upon conviction thereof, such person shall be fined not more than Five Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00) or be imprisoned for not more than three (3) months or be both so fined and imprisoned in at the discretion of the court; provided, however, if the aggregate amount of assistance received as a result thereof is in excess of Five Hundred Dollars ($500.00), such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) or be imprisoned in the State Penitentiary for a term of not more than two (2) years, or be subject to both such fine and imprisonment in at the discretion of the court.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-218	JM	1/18/2011 9:46:16 AM