CHAPTER 28-1
STATE DEPARTMENT OF SOCIAL SERVICES
28-1-1 Duties of department--System of social security--Compliance with federal acts--Administration of programs.
28-1-2 Repealed by SL 2012, ch 151, § 8.
28-1-3.2 Repealed by SL 2012, ch 151, § 9.
28-1-4 28-1-4. Repealed by SL 1971, ch 23, § 2
28-1-5 28-1-5 to 28-1-7. Superseded
28-1-8 28-1-8. Repealed by SL 1969, ch 218, § 2
28-1-9 Repealed by SL 2012, ch 151, § 10.
28-1-11 Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.
28-1-12 Office space and equipment provided for department by county commissioners.
28-1-13.1 Repealed by SL 2012, ch 151, § 11.
28-1-13.2 28-1-13.2. Repealed by SL 1997, ch 166, § 24
28-1-14 Repealed by SL 2012, ch 151, §§ 12 to 14.
28-1-17 28-1-17. Repealed by SL 2004, ch 167, § 17.
28-1-18 Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.
28-1-19 28-1-19 to 28-1-24. Repealed by SL 1983, ch 215, §§ 1 to 6
28-1-24.1 Procedural rules for contested cases.
28-1-25 Protective payment of assistance where recipient incapable.
28-1-26 Repealed by SL 2012, ch 151, §§ 15, 16.
28-1-28 Civil action for reimbursement from persons responsible for support.
28-1-28.1 Department acceptance and administration of private support contributions--Use.
28-1-29 Public assistance records confidential--Exceptions.
28-1-30 28-1-30. Repealed by SL 1997, ch 166, § 24
28-1-31 Adoption and child placement records remain confidential.
28-1-32 Rules governing custody, use and preservation of records--Use in actions involving public officers and employees.
28-1-33 Unauthorized use of public assistance records as misdemeanor.
28-1-34 Commercial and political use of public assistance records as misdemeanor.
28-1-36 Repealed by SL 2012, ch 151, § 17.
28-1-37 28-1-37. Repealed by SL 1982, ch 16, § 20
28-1-38 28-1-38. Repealed by SL 1981, ch 199, § 27
28-1-39 28-1-39. Repealed by SL 1997, ch 167, § 2
28-1-40 28-1-40. Repealed by SL 1981, ch 199, § 29
28-1-41 Repealed by SL 2012, ch 151, § 18.
28-1-42 28-1-42, 28-1-43. Repealed by SL 2004, ch 167, §§ 27, 28
28-1-44 Transferred to §§ 1-36A-25 to 1-36A-28.
28-1-45.3 Repealed by SL 2012, ch 151, §§ 19, 20.
28-1-45.5 Transferred to § 1-36A-29.
28-1-45.6 Repealed by SL 2012, ch 151, § 21.
28-1-45.7 Transferred to § 1-36A-30.
28-1-46 Low-income energy assistance program--Agreements with other public agencies for establishment.
28-1-47 28-1-47. Repealed by SL 2017, ch 1, § 1.
28-1-48 Citizens returning from abroad--Agreements with federal agencies for participation.
28-1-49 Payments to recipients of supplemental security income--Establishment program.
28-1-50 Rules for administration and operation of programs.
28-1-51 Rules for protection of confidential information.
28-1-52 Fiscal impact of department rules on local government units restricted.
28-1-53 Repealed by SL 2012, ch 151, § 22.
28-1-54 28-1-54 to 28-1-58. Repealed by SL 1997, ch 166, § 24
28-1-59 Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits.
28-1-60 Child care services program.
28-1-61 Adoption of rules for child care services program.
28-1-62 Repealed by SL 2012, ch 151, §§ 23, 24.
28-1-64 Payments by public agencies to adoptive parents with limited means--Costs covered--Rules.
28-1-65 Child support enforcement unit--Federal money--Enforcement powers.
28-1-66 Availability of child support enforcement services--Fees--Payment by responsible parent.
28-1-67 Clearing account for child support enforcement collections.
28-1-68 Confidentiality of enforcement services applications and records.
28-1-69 Information on amount owed sent to consumer reporting agencies--Consumer reporting agency defined--Notice to obligor.
28-1-70 Repealed by SL 2012, ch 153, §§ 4 to 7.
28-1-74 28-1-74. Repealed by SL 2011, ch 134, § 3.
28-1-75 Repealed by SL 2012, ch 153, § 8.
28-1-76 28-1-76. Repealed by SL 2011, ch 134, § 5.
28-1-77 Repealed by SL 2012, ch 153, § 9.
28-1-78 Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators.
28-1-79 Collection action to recover debts owed department.
28-1-80 Confidentiality of investigative records and files of program.
28-1-81 Report to Governor and Legislature concerning program activities.
28-1-82 Unauthorized supplemental nutrition assistance program benefits.
28-1-83 Unauthorized supplemental nutrition assistance program benefits--Penalty.
28-1-84 Unauthorized supplemental nutrition assistance program benefits--Definition.
28-1-1. Duties of department--System of social security--Compliance with federal acts--Administration of programs.
The Department of Social Services shall provide a system of social security for the people of South Dakota, enable the State of South Dakota to comply with the provisions of the federal Social Security Act and other federal and state enactments relating to social services, accept grants of federal funds for the purposes enumerated in these acts, administer programs for the security and protection of children, youth, families, adults, and the elderly, as authorized by the Legislature, and provide moneys necessary for the purposes of social security.
Source: SDC 1939, § 55.3601; SL 1981, ch 199, § 25.
28-1-2. Repealed by SL 2012, ch 151, § 8.
28-1-3.2. Repealed by SL 2012, ch 151, § 9.
28-1-9. Repealed by SL 2012, ch 151, § 10.
28-1-11. Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.
The attorney general shall appoint an assistant attorney general for the Department of Social Services whose compensation shall be fixed by the attorney general, to be paid from public welfare funds.
Subject to the direction of the attorney general, the assistant attorney general shall supervise the enforcement of all laws pertaining to desertion, nonsupport, recipient fraud, and similar statutes for which a penalty is provided in any case in which public assistance has been granted or applied for under the welfare laws of this state. The assistant attorney general shall cooperate with and assist the several state's attorneys of the State of South Dakota in such actions and proceedings; be the official information agent for the State of South Dakota pursuant to chapter 25-9C; and initiate and prosecute civil and criminal actions on behalf of the Department of Social Services, and appear on behalf of the department in any court in which any action or proceeding is pending involving the welfare of the indigent.
Source: SL 1963, ch 333; SL 1966, ch 169; SL 2004, ch 167, § 12; SL 2015, ch 148, § 83.
28-1-12. Office space and equipment provided for department by county commissioners.
Upon request of the Department of Social Services, the boards of county commissioners of the several counties of this state may provide and maintain adequate office space and equipment for the department in their respective counties including all of the incidental expenses thereof, except for the salaries and travel expenses of the employees of the department. The boards of county commissioners may make such expenditures as are necessary for such offices out of the county general fund.
Source: SL 1963, ch 53; SL 1965, ch 29; SL 2004, ch 167, § 13.
28-1-13.1. Repealed by SL 2012, ch 151, § 11.
28-1-14 to 28-1-16. Repealed by SL 2012, ch 151, §§ 12 to 14.
28-1-18. Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.
No person receiving a grant or whose needs are included in a grant under public assistance, as administered by the State of South Dakota, may at the same time receive a grant under any other type of public assistance administered by the State of South Dakota. However, a recipient of one of the other types of assistance may be the payee of a grant of temporary assistance for needy families for the benefit of a child or children under the payee's care. No person is eligible for any assistance or services from the State of South Dakota or its agencies or subdivisions until that person has exhausted all other sources of assistance or services available to the person or for which the person would be eligible if the person applied, including Veteran's Administration benefits, insurance, medical or hospital benefits, third-party liability, U.S. Public Health Services, Bureau of Indian Affairs, Department of Interior, Indian Health Service, or any other government or private entity, or any assistance or services provided by any agency of the United States government to an eligible person or to persons for whom the United States is responsible. Assistance or services under chapter 28-13 are not available sources for the purpose of this section.
Source: SL 1951, ch 302; SDC Supp 1960, § 55.3612-1; SL 1982, ch 213, § 2; SL 2004, ch 167, § 18.
28-1-24.1. Procedural rules for contested cases.
The secretary of social services may adopt reasonable and necessary rules governing the procedure and conduct of contested cases. Such rules shall be consistent with the procedure required by chapter 1-26.
Source: SL 1981, ch 199, § 26.
28-1-25. Protective payment of assistance where recipient incapable.
In cases where recipients of public assistance are wasteful or unable to manage the receipt and disbursement of assistance payments so as to substantially accomplish the purposes for which such assistance is given, the Department of Social Services may protectively pay the same in such manner as to best provide the maintenance of such recipients.
Source: SL 1966, ch 192.
28-1-26, 28-1-27. Repealed by SL 2012, ch 151, §§ 15, 16.
28-1-28. Civil action for reimbursement from persons responsible for support.
Whenever any payment of public moneys administered by the Department of Social Services has been made to any person who has been granted public aid or assistance, the department may bring a civil action against any person responsible therefor, as provided by law, to recover such moneys as have been paid for support or aid.
Source: SL 1963, ch 334; SL 2004, ch 167, § 19.
28-1-28.1. Department acceptance and administration of private support contributions--Use.
The Department of Social Services may accept and administer private support contributions received from responsible relatives and other sources, whether paid pursuant to the voluntary agreement of a contributor, or as provided by a court of competent jurisdiction. Such receipts shall be deposited with the state treasurer and shall be used only for the support, or reimbursement of support advanced, of the individual for whom designated. No money received by the state treasurer pursuant to this section may revert to the general fund of the state.
Source: SL 2004, ch 167, § 40.
28-1-29. Public assistance records confidential--Exceptions.
Any application or record concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services is confidential except:
(1) For inspection by any person duly authorized by this state or the United States in connection with the person's official duties;
(2) For the purpose of fair hearings as provided by law.
Source: SDC 1939, § 55.3622; SL 1941, ch 311; SL 1953, ch 295, § 1; SL 2004, ch 167, § 20.
28-1-31. Adoption and child placement records remain confidential.
Nothing contained in § 28-1-29 may be construed to authorize or require the disclosure of any records of the Department of Social Services pertaining to adoptions or pertaining to children placed in foster homes for adoption or other purposes.
Source: SDC 1939, § 55.3622 as added by SL 1953, ch 295, § 1; SL 2004, ch 167, § 21.
28-1-32. Rules governing custody, use and preservation of records--Use in actions involving public officers and employees.
The department shall, by rules promulgated pursuant to chapter 1-26, establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the state and county divisions. The provisions of this section do not prevent the proper use of such records as evidence in civil or criminal actions by or against state or county officers and employees or their sureties involving the use or misuse of public funds or confidential records, or misfeasance or malfeasance in office.
Source: SL 1941, ch 326, § 1; SL 1953, ch 295, § 2; SDC Supp 1960, § 55.3622-1; SL 2004, ch 167, § 22.
28-1-33. Unauthorized use of public assistance records as misdemeanor.
It is a Class 2 misdemeanor for any person, except as provided in §§ 28-1-29 to 28-1-31, inclusive, to solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files, or communications of the state or county or subdivision or agency thereof, or acquired in the course of the performance of official duties.
Source: SL 1941, ch 326, §§ 2, 3; SL 1953, ch 295, § 3; SDC Supp 1960, §§ 55.3622-2 (1), 55.9935; SDCL, § 28-1-35; SL 2004, ch 167, § 23.
28-1-34. Commercial and political use of public assistance records as misdemeanor.
It is a Class 2 misdemeanor for any person to make use of any lists or names of public assistance recipients for commercial or political purposes.
Source: SL 1941, ch 326, §§ 2, 3; SL 1953, ch 295, § 3; SDC Supp 1960, §§ 55.3622-2 (2), 55.9935; SDCL, § 28-1-35; SL 2004, ch 167, § 24.
28-1-36. Repealed by SL 2012, ch 151, § 17.
28-1-41. Repealed by SL 2012, ch 151, § 18.
28-1-45.3, 28-1-45.4. Repealed by SL 2012, ch 151, §§ 19, 20.
28-1-45.6. Repealed by SL 2012, ch 151, § 21.
28-1-46. Low-income energy assistance program--Agreements with other public agencies for establishment.
The Department of Social Services may enter into agreements with agencies of the United States and with other public agencies, as defined in subdivision 1-24-1(2), for the purpose of establishing and administering a low-income energy assistance program.
Source: SL 1981, ch 199, § 18.
28-1-48. Citizens returning from abroad--Agreements with federal agencies for participation.
The Department of Social Services may enter into agreements with agencies of the United States for the purpose of participating in the program of temporary assistance for American citizens returned from abroad (P.L. 94-44).
Source: SL 1981, ch 199, § 20.
28-1-49. Payments to recipients of supplemental security income--Establishment program.
The Department of Social Services shall establish a program for payment of an optional state supplement to recipients of supplemental security income from the federal government.
Source: SL 1981, ch 199, § 21.
28-1-50. Rules for administration and operation of programs.
The secretary of social services may adopt reasonable and necessary rules for the administration and operation of the programs authorized by §§ 28-1-46 to 28-1-49, inclusive. Such rules may include the following areas:
(1) Eligibility criteria;
(2) Levels of payment;
(3) Administration, audit requirements, and record keeping; and
(4) Such other standards and requirements as may be necessary for federal financial participation.
Source: SL 1981, ch 199, § 22.
28-1-51. Rules for protection of confidential information.
The secretary of social services may adopt reasonable and necessary rules to protect records and confidential information required by statutory law to be held confidential.
Source: SL 1981, ch 199, § 24.
28-1-52. Fiscal impact of department rules on local government units restricted.
The Department of Social Services may not promulgate rules which have a negative fiscal impact on units of local government unless specifically authorized by the Legislature.
Source: SL 1981, ch 199, § 23; SL 2004, ch 167, § 36.
28-1-53. Repealed by SL 2012, ch 151, § 22.
28-1-59. Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits.
A recipient of public assistance who incurs permanent partial disability, permanent total disability, death, or disease in the course of participation in a work activity is entitled to the same benefits as are set forth for work related injuries and diseases in Title 62. This provision does not include payment of medical expenses unless those expenses are necessitated by a permanent disability or disease. Eligibility for other public funded medical benefits shall reduce entitlement to medical benefits under this section accordingly. In order to receive the above-referenced disability benefits, a work activity participant must comply with all of the employee notice, reporting, and medical examination requirements set forth in Title 62. The initial report of injury shall be submitted by the work activity participant in writing to the Department of Social Services.
Source: SL 1982, ch 202, § 2A; SL 1997, ch 166, § 25.
28-1-60. Child care services program.
The Department of Social Services shall establish a program of child care services to assist families with child care services and to aid in the improvement of quality and services for the care of children in day care. The department may assist in the improvement, availability, and quality of day care for children by providing training, education, and advocacy for child care.
Source: SL 1991, ch 222, § 1.
28-1-61. Adoption of rules for child care services program.
The secretary of social services may adopt reasonable and necessary rules pursuant to chapter 1-26 for the administration of the child care services program in the following areas:
(1) Eligibility determination, criteria, and application procedure;
(2) The amount, scope, and duration of child care services and payments;
(3) Fees;
(4) Licensing and registration;
(5) Methods of administration, record keeping, and audit;
(6) Compliance monitoring;
(7) Complaint investigation;
(8) Reporting requirements;
(9) Eligibility criteria and procedures for grants, contracts, and awards to providers of child care services under § 28-1-60;
(10) Training, community and provider education, and child advocacy; and
(11) Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program or as required to qualify for federal funding.
Source: SL 1991, ch 222, § 2.
28-1-62, 28-1-63. Repealed by SL 2012, ch 151, §§ 23, 24.
28-1-64. Payments by public agencies to adoptive parents with limited means--Costs covered--Rules.
The provisions of § 25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the necessary costs of the legal completion of the child's adoption. The department may make these payments if the family has the capability of providing the permanent family relationships needed by the child in all areas except financial, as determined by the department or a licensed child placement agency. It shall also be determined that the needs of the child are beyond the economic ability and resources of the family and that the child would go without adoption except for the acceptance of the child as a member of the adoptive family or that the child would become dependent upon the state for support. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance, medical, dental, or hospital care shall terminate on or before the child's twenty-first birthday. The secretary of social services may promulgate reasonable and necessary rules pursuant to chapter 1-26 to implement this section.
Source: SL 1970, ch 154; SL 1981, ch 199, § 43; SL 1990, ch 210; SDCL 28-7-3.1; SL 1997, ch 166, § 23; SL 2004, ch 167, § 38.
28-1-65. Child support enforcement unit--Federal money--Enforcement powers.
The Department of Social Services shall establish a child support enforcement unit and may, in accordance with chapter 4-8B, apply for and receive federal funds under the provisions of Title IV-D of the Social Security Act. The department may also enforce the child support obligations for any child who is receiving temporary assistance for needy families or foster care maintenance payments under Title IV-E. The department shall enforce the spousal support obligation for a parent who is living with his or her child if the support obligation has been established for the parent by court order and the child support obligation is being enforced by the department.
Source: SL 1975, ch 187, § 1; SL 1982, ch 208, § 1; SL 1986, ch 218, § 58; SDCL § 28-7-17.1; SL 1997, ch 166, § 23; SL 2004, ch 167, § 39; SL 2019, ch 127, § 8.
28-1-66. Availability of child support enforcement services--Fees--Payment by responsible parent.
The Department of Social Services shall make child support enforcement services available to an individual not otherwise eligible for those purposes upon application from an individual and payment of a reasonable fee. The department shall promulgate rules pursuant to chapter 1-26 to set the application fee and any fees imposed for collection services. However, the application fee shall be refunded to the applicant by the parent responsible for paying child support payments and the fees imposed for collection services shall be paid by the parent responsible for paying child support payments to the Department of Social Services.
Source: SL 1975, ch 187, § 2; SL 1982, ch 209, § 1; SL 1985, ch 226; SDCL 28-7-17.2; SL 1997, ch 166, § 23.
28-1-67. Clearing account for child support enforcement collections.
The state treasurer, on behalf of the Department of Social Services, with the approval of the Bureau of Finance and Management, shall establish an account or system of accounts in the state treasury for the receipt and disbursement of child support enforcement collections. The department shall pay all moneys due to the federal government, county, or other local governmental units of South Dakota, or other state and local governmental units as well as all moneys due to private persons who are not recipients of aid under the South Dakota Title IV-a plan, and all other collections shall be remitted to the general fund on a quarterly basis, each remittance to be due thirty days after the end of each fiscal quarter.
Source: SL 1976, ch 166; SL 1977, ch 224; SDCL 28-7-17.4; SL 1997, ch 166, § 23.
28-1-68. Confidentiality of enforcement services applications and records.
All applications and records concerning any applicant for child and spousal support enforcement services are confidential except:
(1) For inspection by persons authorized by this state or the United States in connection with their official duties;
(2) For the purpose of fair hearings provided by law.
Source: SL 1977, ch 222; SL 1982, ch 208, § 2; SDCL 28-7-17.5; SL 1997, ch 166, § 23.
28-1-69. Information on amount owed sent to consumer reporting agencies--Consumer reporting agency defined--Notice to obligor.
The department shall furnish information regarding the amount of overdue support owed by an obligor to any consumer reporting agency, as defined by this section, upon the request of the agency, or as determined by the secretary. The term, consumer reporting agency, means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The department shall send the notice to the obligor regarding the proposed release of information and the procedures available to contest the accuracy of the information. The consumer reporting agency has no obligation to accept or use the information provided to it under this section.
Source: SL 1986, ch 218, § 56; SL 1991, ch 226; SDCL 28-7-25; SL 1997, ch 166, §§ 23, 54.
28-1-70 to 28-1-73. Repealed by SL 2012, ch 153, §§ 4 to 7.
28-1-75. Repealed by SL 2012, ch 153, § 8.
28-1-77. Repealed by SL 2012, ch 153, § 9.
28-1-78. Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators.
The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may:
(1) Initiate and conduct any investigation if the program has cause to believe that a fraudulent act has been committed by a recipient of assistance from department programs;
(2) Review any report or complaint of an alleged fraudulent act to determine whether such report requires further investigation and conduct such investigation;
(3) Obtain access to any record related to residence, household composition, employment, finances and resources, and medical records as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January 1, 2005, to assist in investigation of an alleged fraudulent act and may require by administrative subpoena the production of any book, record, or other information; and
(4) Cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of any fraudulent act where public assistance has been granted or applied for under the welfare laws of this state.
Source: SL 2005, ch 146, § 1.
28-1-79. Collection action to recover debts owed department.
The program may take any collection action provided for in state and federal law and regulation to recover debts owed the department.
Source: SL 2005, ch 146, § 2.
28-1-80. Confidentiality of investigative records and files of program.
All investigative records and files of the program established pursuant to §§ 28-1-78 to 28-1-81, inclusive, are confidential. No investigative record may be released except to department personnel, federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent acts. No investigative record or file may be released to any other person except pursuant to a court order. All collection files are confidential. No collection file may be released except in accordance with recipient confidentiality requirements of the department.
Source: SL 2005, ch 146, § 3.
28-1-81. Report to Governor and Legislature concerning program activities.
The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred during such investigations.
Source: SL 2005, ch 146, § 4.
28-1-82. Unauthorized supplemental nutrition assistance program benefits.
A person is guilty of unauthorized acquisition or transfer of Supplemental Nutrition Assistance Program benefits if the person knowingly:
(1) Acquires, purchases, possesses, or uses any Supplemental Nutrition Assistance Program EBT card to obtain Supplemental Nutrition Assistance Program benefits that the person is not entitled to;
(2) Transfers, sells, trades, gives, or otherwise disposes of any 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 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 Supplemental Nutrition Assistance Program EBT card to another person not entitled to receive it in exchange for anything of value.
Source: SL 2005, ch 148, § 1; SL 2023, ch 94, § 2.
28-1-83. Unauthorized supplemental nutrition assistance program benefits--Penalty.
Any person convicted of an offense under subdivision 28-1-82(1) or (2) with 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) with a 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.
Source: SL 2005, ch 148, § 2; SL 2023, ch 94, § 3.
28-1-84. Unauthorized supplemental nutrition assistance program benefits--Definition.
As used in §§ 28-1-82 to 28-1-84, inclusive, the term, 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.
Source: SL 2005, ch 148, § 3; SL 2023, ch 94, § 4.
