/ SECTION ___. Title 41 of the 1976 Code is amended by adding:
Section 41-9-10 (A) For purposes of this chapter:
(1) 'Department' means the Department of Labor, Licensing and Regulation.
(2) 'Guest worker' means an undocumented individual who holds a guest worker permit.
(3) 'Guest worker permit' means a permit issued pursuant to Section 41-9-90 to an undocumented individual who meets the eligibility criteria of Section 41-9-70.
(4) 'Immediate family' means for an undocumented individual, the individual's:
(a) spouse; and
(b) each child, if any, who is:
(i) under twenty-one years of age; and
(5) 'Immediate family permit' means a permit issued pursuant to Section 41-9-90 to an undocumented individual who meets the eligibility criteria contained in Section 41-9-80.
(6) 'Lawfully present in the United States' has the same meaning as in 8 C.F.R. Sec. 103.12.
(7) 'Permit' means a permit issued under this chapter and includes:
(a) a guest worker permit; and
(b) an immediate family permit.
(8) 'Permit holder' means an individual who holds a permit.
(9) 'Program' means the Guest Worker Program described in Section 41-9-20.
(10) 'Relevant contact information' means the following for an undocumented individual:
(a) the individual's name;
(b) the individual's residential address;
(c) the individual's residential telephone number;
(d) the individual's personal email address;
(e) the name, address, telephone number, and contact person for the person with whom the individual has a contract for hire;
(f) the names of the individual's immediate family members; and
(g) the names of the family members who reside with the individual.
Section 41-9-20. (A) The department shall administer a program known as the 'Guest Worker Program'. Under this program, the department shall:
(1) seek one or more waivers, exemptions, or authorizations to implement the program as provided in Section 41-9-30;
(2) issue a permit as pursuant to Section 41-9-90;
(3) collect a permit application fee of not more than fifty dollars;
(4) report annually to the Governor and the General Assembly concerning the administration of the program.
(B) The department shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23, Title 1.
(C) In implementing this chapter, the department shall cooperate with other state agencies to minimize any duplication in databases or services required by this chapter.
Section 41-9-30. (A) The department shall seek federal waivers, exemptions, or authorizations to implement the program.
(B) The department shall implement the program the sooner of:
(1) one hundred twenty days after the date that the federal government issues the federal waivers, exemptions, or authorizations to implement the program; or
(2) July 1, 2013.
Section 41-9-40. There is created in the state treasury a separate and distinct account named the 'Guest Worker Permit Restricted Account.' The funds in the account must be utilized to pay for the costs associated with the implementation and administration of the guest worker program, and for legal fees incurred by the State defending the program and associated with the memorandum of understanding executed under Section 23-3-90. All fees and fines collected pursuant to this chapter shall be credited to the account. The account may receive additional revenues from any source the General Assembly may provide by law, from governmental grants, and private gifts or bequests. Earnings on the account and balance in the account at the end of a fiscal year does not lapse to the general fund of the State but is instead carried forward in the account to the succeeding fiscal year and used for the same purposes.
Section 41-9-50. (A) To the extent feasible, the department shall the implement the program in a manner consistent with other existing state and federal laws that relate to immigration and labor, including laws pertaining to obtaining the privilege to drive and to report citizenship status.
(B)(1) If a permit holder is not issued a Social Security number, the South Carolina Department of Revenue shall provide a means for an employer to withhold from compensation paid to the permit holder an amount to be determined by the South Carolina Department of Revenue that, as closely as possible, equals the income and employment taxes that would be imposed by state and federal law if the permit holder were an employee with a Social Security number. The Department of Revenue shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23, Title 1.
(2) If a waiver, exemption, or authorization by the federal government provides for the issuance of a Social Security number to a permit holder, the permit holder is subject to income tax withholding laws.
(3)(a) The Department of Revenue shall promulgate regulations in accordance with the provisions of Chapter 23, Title 1 to provide a method by which the State remits to the federal government withholdings collected under subsection (B)(1) that would be owed the federal government if the permit holder were an employee with a Social Security number.
(b) If a waiver, exemption, or authorization is provided pursuant to Section 41-9-30, the method by which the State remits withholdings to the federal government the money collected under subsection (B)(2) shall be consistent with the waiver, exemption, or authority.
(4) The department shall facilitate the use in this State of other employer based work programs that meet the needs of South Carolina employers by using workers who are not working in South Carolina and who are not United States citizens. Nothing in this chapter prevents a person from using an employer based work program described in this item that exists under the auspices of a foreign government in cooperation with the United States government.
(5) A permit holder is not eligible for unemployment compensation.
Section 41-9-60. (A) An undocumented individual shall obtain a permit:
(1) before providing services to a person in this State under a contract for hire; or
(2) pursuant to Subsection 41-9-120(2), no later than thirty days from the date upon which the undocumented individual enters into a contract for hire.
(B) Subject to subsection (C), a permit is considered an identification document and may be used as identification or proof of the permit holder's age for any state or local government required purpose and used to show lawful presence in the United States.
(C) An individual may not use a permit:
(1) to establish entitlement to a federal, state, or local benefit as described in 8 U.S.C. Sec. 1621 or 8 U.S.C. Sec. 1611; or
(2) to obtain work or provide services in a state other than South Carolina.
Section 41-9-70. (A) To be eligible to obtain or maintain a guest worker permit, an undocumented individual shall:
(1)(a) be eighteen years of age or older; or
(b) if younger than eighteen years of age, have the permission of a parent or guardian;
(2) live in South Carolina, but not be lawfully present in the United States;
(3) have worked or lived in the United States before May 10, 2011;
(4) provide relevant contact information and regularly update the relevant contact information;
(5) provide documentation of a contract for hire under which the undocumented individual begins to provide services within at least thirty days of the day on which the undocumented individual obtains the permit;
(6)(a) undergo a criminal background check conducted by the South Carolina Law Enforcement Division; and
(b) not have been convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to, or resolved by diversion or its equivalent to a serious felony;
(7) provide evidence satisfactory to the department that the person would not be inadmissible for public health grounds under 8 U.S.C. Sec. 1182;
(8)(a) be covered by a basic health insurance plan; or
(b) provide evidence satisfactory to the department that the individual has no medical debt that is past due and agrees to have no medical debt that is past due during the term of the permit; and
(9)(a) hold a driver's license issued in accordance with Title 56; or
(b) provide evidence satisfactory to the department that the undocumented individual will not drive a motor vehicle in the State.
(B) The department shall promulgate regulations in accordance with the provisions of Chapter 23, Title 1 to provide for the documentation required to establish eligibility under subsection(A)(1). When promulgating regulations for this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.
Section 41-9-80. (A) To be eligible to obtain or maintain an immediate family permit, an undocumented individual shall:
(1) live in South Carolina, but not be lawfully present in the United States;
(2) be a member of a guest worker's immediate family; and
(3) provide relevant contact information and regularly update the relevant contact information in a manner required by regulations promulgated by the department in accordance with the provisions of Chapter 23, Title 1.
Section 41-9-90. (A) The department may not issue a permit under this chapter until the program is implemented pursuant to Section 41-9-30.
(B) When the program is implemented the department shall:
(1) create a permit that:
(a) is of impervious material that is resistant to wear or damage; and
(b) minimizes the risk that the permit may be forged, falsified, or counterfeited; and
(2) ensure that a permit:
(a) includes a photograph of the individual to whom the permit is issued;
(b) prominently states the date upon which the permit expires; and
(c) prominently states the type of permit.
(C) A permit expires two years from the date upon which it is issued.
(D) To apply for or renew a permit, an undocumented individual shall submit an application on a form provided by the department along with:
(1) documentation concerning the criteria in Section 41-9-70 or 41-9-80;
(2) for a renewal, documentation of efforts to comply with Section 41-9-110;
(3) a signed statement verifying the information in the application and documentation;
(4) the application fee; and
(5) for an initial guest worker permit, a fine of seven hundred fifty dollars unless the undocumented individual provides evidence satisfactory to the department that the undocumented individual is covered by a basic health insurance plan.
(E) Permitting priority is given to anyone who has filed a federal application for legal citizenship.
(F) If an undocumented individual submits a complete application, including supporting documentation, and the department determines that the undocumented individual meets the criteria of Section 41-9-70 or 41-9-80, the department shall issue or renew:
(1) a guest worker permit if the undocumented individual qualifies under Section 41-9-70; and
(2) an immediate family permit if the undocumented individual qualifies under Section 41-9-80.
(G) An undocumented individual may appeal a denial of a permit under this section in accordance with the Administrative Procedures Act.
Section 41-9-100. (A) A permit holder shall continue to meet the eligibility criteria under Section 41-9-70 or 41-9-80 for the type of permit he holds.
(B) A permit is automatically revoked if after issuance of the permit:
(1) if the permit holder fails to meet the eligibility criteria for his permit;
(2) the permit holder to whom it is issued is convicted of, pleads guilty to, pleads no contest to, pleads guilty in a similar manner to, or resolved by diversion or its equivalent a serious felony;
(3) for a guest worker permit, the permit holder to whom it is issued does not provide services under a contract for hire for more than one year; or
(4) for an immediate family permit, the guest worker permit under which the immediate family member's permit is issued is revoked or expires under this chapter.
Section 41-9-110. (A) A permit holder shall in good faith use best efforts to become proficient in the English language at or above the equivalent to an intermediate level on a language proficiency assessment test used by the South Carolina Department of Education for purposes of secondary school students.
(B) An individual shall pay the costs of complying with this section.
Section 41-9-120. (A)(1) A person who hires a permit holder shall verify with the department that the permit is valid.
(2) The verification procedure adopted under item (1) shall be substantially similar to the employer requirements to verify employment status under Chapter 8, Title 41, the South Carolina Illegal Immigration Reform Act.
(3) Subject to item (2), a person shall terminate an undocumented individual if the undocumented individual is determined by the department to not hold a valid permit.
(B)(1) The department shall promulgate regulations in accordance with the provisions of Chapter 23, Title 1 to provide a procedure under which a person may hire an undocumented individual who does not hold a permit pending the undocumented individual obtaining a permit within thirty days of the day on which the undocumented individual is hired to provide services.
(2) An undocumented individual may not provide services under a contract for hire to a person for more than thirty days during a two-year calendar period without obtaining a permit as provided under this chapter.
(C) An undocumented individual may appeal a determination that a permit is invalid in the manner provided in the Administrative Procedures Act.
(D) The State is not liable to any person for:
(1) the design, implementation, or operation of a verification procedure instituted pursuant to this chapter;
(2) the collection and disclosure of information as part of a verification procedure instituted pursuant to this chapter; or
(c) the determination that a permit is invalid.
Section 41-9-130. (A) A permit holder may not file for or receive unemployment benefits.
(B) A person may not:
(1) furnish false or forged information or documentation in support of an application;
(2) alter the information on a permit;
(3) if the person is a guest worker, be reported absent from work for ten consecutive days without the approval of the person who hires the guest worker;
(4) allow an individual to use a permit if the individual is not entitled to use the permit;
(5) display or represent that a permit is issued to an individual, if the permit is not issued to the individual;
(6) display a revoked permit as a valid permit;
(7) knowingly or with reckless disregard acquire, use, display, or transfer an item that purports to be a valid permit, but that is not a valid permit; or
(8) otherwise violate this chapter.
Section 41-9-140. For a violation described in Section 41-9-130, the department may:
(1) suspend, limit, or revoke and repossess a permit;
(2) impose a civil penalty not to exceed seven hundred fifty dollars for each violation; or
(3) take a combination of actions under this section.
Section 41-9-150. A person is guilty of a misdemeanor if the person:
(1) furnishes false or forged information or documentation in support of an application; or
(2) alters the information on a permit." /
Renumber sections to conform.
Amend title to conform.