South Carolina General Assembly
116th Session, 2005-2006

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Bill 4598


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-230 SO AS TO PROVIDE A PENALTY FOR AN EMPLOYER WHO DOES NOT WITHHOLD WORKERS' COMPENSATION PAYMENTS FROM ILLEGAL ALIENS AND TO PROVIDE THAT THE ASSETS OF THE EMPLOYER TO BE SEIZED TO PAY THE FINE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 1, Title 42 of the 1976 Code is amended by adding:

"Section 42-1-230.    (A)    For purposes of this section, an 'illegal alien' is a person who has gained employment through fraudulent means or methods, or both, including, but not limited to, falsification of application, invalid social security number, or falsified or invalid immigration papers.

(B)    An employer who does not withhold workers' compensation contributions from an employee's compensation, who is an illegal alien, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months. In addition, the commission also shall impose a civil fine of twenty-five thousand dollars.

(C)    The assets of the employer may be seized to pay a fine assessed pursuant to the provisions of this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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