Reference is to Printer's Date 3/9/11-S.
Amend the bill, as and if amended, by deleting Section 41-8-20(B)(2), as contained in SECTION 7, pages 10 and 11, and inserting:
/ (2)
employ only workers who, at the time of employment:
(a)
possess a valid South Carolina driver's license or
identification card issued by the South Carolina Department of
Motor Vehicles;
(b)
are eligible to obtain a South Carolina driver's license
or identification card in that they meet the requirements set
forth in Sections 56-1-40 through 56-1-90; or
(c)
possess a valid driver's license or identification card
from another state where the license requirements are at least
as strict as those in South Carolina, as determined by the
director. The Executive Director of the Department of Motor
Vehicles, or his designee, shall determine which states have
driver's license requirements that are at least as strict as
those in South Carolina, and shall develop and periodically
update a list of the states. The Department of Motor Vehicles
shall provide the director with a copy of the list and all
updates to the list. The director shall publish the list on the
Department of Labor, Licensing and Regulation's website;
(d)
possess a valid United States passport;
(e)
valid United States military identification
card;
(f)
possess 'Documents
evidencing employment authorization and identify' as described
in 8 U.S.C. Section 1324a(b)(1)(B); or
(g)
possess 'Documents evidencing employment
authorization' as described in 8 U.S.C. Section 1324a(b)(1)(C)
and 'Documents evidencing identity' as described in 8 U.S.C.
Section 1324a(b)(1)(D). /
Amend the bill further, by deleting Section 41-8-50(D), as contained in SECTION 8, and inserting:
/ (D) Upon a finding of
an occurrence involving a violation after an investigation
pursuant to subsection (A), or after a random audit pursuant to
Section 41-8-120(B), where the director considered all
information or evidence gathered by the director and any
information or evidence submitted by the private employer
demonstrating compliance with the provisions of this chapter:
(1)
for an occurrence involving a violation of Section
41-8-20, the private employer must be assessed a
reasonable civil penalty of not less than one
hundred dollars and not more than one thousand dollars
for each violation. However, for a first occurrence
involving a violation of Section 41-8-20, if, upon notification
by the director of a violation of Section 41-8-20, the private
employer complies with the provisions of Section 41-8-20(B)
within seventy-two hours, he must not be assessed a
penalty. Any subsequent occurrence involving a
violation of Section 41-8-20 by the private employer shall
result in the assessment of a civil penalty by the director,
except, if a private employer has not committed a violation of
Section 41-8-20 within the previous five years, a subsequent
occurrence must be treated as a first occurrence. If a private
employer has ever committed a violation of Section 41-8-30, he
must be assessed a civil penalty for any violation or subsequent
occurrence involving a violation of Section 41-8-20.
The director must verify the work authorization status of the
employees with the federal government pursuant to 8
U.S.C. Section 1373(c) and notify the
private employer of the results. The private employer must
immediately terminate an employee whose work authorization was
not verified upon being notified by the director. The director
shall notify federal, state, and local law enforcement officials
of any suspected unlawful aliens employed by the private
employer, pursuant to subsections (A) and (B) of this section.
(2)
for a first occurrence involving a violation of Section
41-8-30, the private employer must be assessed a reasonable
civil penalty of not more than fifteen thousand dollars for each
violation. If a private employer fails to pay the penalty
within ten days, a private employer's license is suspended,
and must remain suspended for at least ten days but not more
than thirty days. During the period of suspension, a private
employer may not engage in business, open to the public,
employ an employee, or otherwise operate. After the
period of suspension or revocation, a private employer's
license must be reinstated, permitting the private employer to
engage in business and to employ an employee, if the private
employer:
(i)
demonstrates that he has terminated
the unauthorized alien; and
(ii)
pays a reinstatement fee equal to the cost of
investigating and enforcing the matter, provided that the
reinstatement fee must not exceed one thousand dollars;
(3)
for a second occurrence involving a violation of Section
41-8-30, the private employer must be assessed a reasonable
civil penalty of not more than thirty thousand dollars for each
violation. If a private employer fails to pay the penalty
within ten days, a private employer's license is suspended,
and must remain suspended for at least thirty days but not more
than sixty days. During the period of suspension, a private
employer may not engage in business, open to the public,
employ an employee, or otherwise operate. After the
period of suspension, a private employer's license must be
reinstated, permitting the private employer to engage in
business and to, open to the public,
employ an employee, and otherwise operate, if the private
employer:
(i)
demonstrates that he has terminated
the unauthorized alien; and
(ii)
pays a reinstatement fee equal to the cost of
investigating and enforcing the matter, provided that the
reinstatement fee must not exceed one thousand dollars;
(4)
for a third and subsequent occurrences involving a
violation of Section 41-8-30, the private employer must be
assessed a reasonable civil penalty of not more than fifty
thousand dollars for each violation. If a private employer
fails to pay the penalty within ten days, a private
employer's license is revoked, and the private employer may not
engage in business, open to the public, employ an
employee, or otherwise operate. For a third occurrence
only, after ninety days, a private employer may petition the
director for a provisional license. A provisional license
permits a private employer to engage in business, open to the
public, employ an employee, and otherwise operate. The
director may grant the private employer a provisional license if
the private employer:
(i)
agrees to be on probation for a period of three years,
during which time the private employer must submit quarterly
reports to the director demonstrating compliance with the
provisions of Sections 41-8-20 and 41-8-30;
(ii)
demonstrates that he has terminated the unauthorized
alien; and
(iii)
pays a reinstatement fee equal to the cost of
investigating and enforcing the matter, provided that the
reinstatement fee must not exceed one thousand dollars.
For all other occurrences where a private employer's license is
revoked, the private employer may not seek reinstatement of his
license for a period of five years. After five years, the
director may grant reinstatement of a private employer's license
if the private employer:
(i)
agrees to be on probation for a
period of three years, during which time the private employer
must submit quarterly reports to the director demonstrating
compliance with the provisions of Sections 41-8-20 and 41-8-30;
(ii)
demonstrates that he has terminated the unauthorized
alien; and
(iii)
pays a reinstatement fee equal to the cost of
investigating and adjudicating the matter, provided that the
reinstatement fee must not exceed one thousand dollars.
(5)
If a private employer engages in business or employs a new
employee during the period that his license is suspended, the
private employer's license shall be revoked, and shall not be
reinstated for a period of five years, and only upon a
determination by the director that the private employer has
complied with the provisions of item (4) of this section. /
Amend the bill further, Section 41-8-50, as contained in Section 8, page 16, by adding after line 4 the following:
/ (I) If a private employer continues to engage in business after his license has been revoked pursuant to this chapter, the director must seek an injunction from the Administrative Law Court to enjoin the private employer from continuing to operate his business for which his license was revoked or from employing new employees." /
Amend the bill further, by deleting SECTION 9 in its entirety, page 16, lines 6-32.
Amend the bill further, by deleting Section 23-6-60(B), as contained in SECTION 12, page 17, lines 14-20, and inserting:
/ (B) The Illegal Immigration Enforcement Unit is under the administrative direction of the department's director. The department's director shall maintain and provide administrative support for the Illegal Immigration Enforcement Unit. The department's director may appoint appropriate personnel within the department to administer and oversee the operations of the Illegal Immigration Enforcement Unit. /
Amend the bill further, by deleting Section 23-6-60(E), as contained in SECTION 12, page 18, lines 26-31, and inserting:
/ (E) The department's director shall negotiate the terms of a memorandum of agreement with the United States Immigration and Customs Enforcement pursuant to Section 287(g) of the federal Immigration and Nationality Act as soon as possible after the effective date of this act. /
Amend the bill further, by deleting SECTION 15 in its entirety and inserting:
/ SECTION 15. SECTION 12 of this act takes effect upon funding by the General Assembly and upon the grant of Section 287(g) of the Federal Immigration and Nationality Act authority to the Department of Public Safety. The remaining provisions of this act take effect on September 1, 2011, or sixty days after approval by the Governor, whichever is later. /
Renumber sections to conform.
Amend title to conform.