H 3029 General Bill, By Viers, Mahaffey and Brady
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13
 TO CHAPTER 11, TITLE 8 SO AS TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO
 REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM AND TO
 PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR
 SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL
 WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.

   12/13/06  House  Prefiled
   12/13/06  House  Referred to Committee on Judiciary
   01/09/07  House  Introduced and read first time HJ-27
   01/09/07  House  Referred to Committee on Judiciary HJ-27

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.

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

SECTION    1.    Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Article 13

Section 8-11-1310.    As used in this article, the term:

(1)    'Director' means the director of the State Budget and Control Board;

(2)    'Federal work authorization program' means one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603;

(3)    'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State; and

(4)    'Subcontractor' includes a subcontractor, contract employee, staffing agency, or other contractor regardless of its tier.

Section 8-11-1320.    (A) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(B)    A public employer may not enter into a contract for the physical performance of services within this State unless the contractor registers and participates in the federal work authorization program to verify information of all new employees.

(C)    A contractor or subcontractor may not enter into a contract or subcontract with a public employer in connection with the physical performance of services within this State unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees.

(D)    Subsections (B) and (C) apply as follows:

(1)    On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of five hundred or more employees;

(2)    On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of one hundred or more employees but less than five hundred employees; and

(3)    On or after July 1, 2009, with respect to all other public employers, contractors, or subcontractors.

Section 8-11-1330.    The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 8-11-1340.    Except as provided in Section 8-11-1350, the director shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer the provisions of this article and publish such rules and regulations on a state website designed at the direction of the director.

Section 8-11-1350.    The director of the Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this article to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website."

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