SB152 Alabama 2012 Session

Existing law prohibits the use of fraudulent means to establish eligibility for public housing and Medicaid

This bill would prohibit certain fraudulent conduct in obtaining public assistance under any state or federally funded public assistance program and would provide penalties

Under existing law, a person commits the crime of theft of services, if he or she intentionally obtains services, known by him or her to be available only for compensation, by deception, threat, false token, or other means to avoid payment for the services

This bill would remove the requirement that the person committing the crime knew the services were available only for compensation

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to crimes and offenses; to prohibit certain conduct in obtaining public assistance under any state or federally funded public assistance program; to provide penalties; to amend Section 13A-8-10 of the Code of Alabama 1975, relating to theft of services, to remove the requirement that the person committing the crime knew the services were available only for compensation; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.