S 0328 General Bill, By Alexander, Ford and Knotts
 A BILL TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND
 FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE
 FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED
 DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR
 USE A FALSE POST-SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER
 ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN
 PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.

   01/24/07  Senate Introduced and read first time SJ-8
   01/24/07  Senate Referred to Committee on Judiciary SJ-8
   01/26/07  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   05/02/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   05/03/07         Scrivener's error corrected

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 2, 2007

S. 328

S. Printed 5/2/07--S.    [SEC 5/3/07 4:29 PM]

Read the first time January 24, 2007.

To whom was referred a Bill (S. 328) to amend Section 16-13-15, as amended, Code of Laws of South Carolina, 1976, relating to falsifying or altering a transcript or diploma and fraudulent use, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by striking lines 3-27, subsections (C) and (D) in their entirety, and inserting:

/    (C)    It is unlawful for a person or entity to knowingly issue, manufacture, or use illegitimate post-secondary credentials, including, but not limited to, a degree, diploma, or other academic transcript to obtain:

(1)    employment;

(2)    a position in government or a public office, whether elected or appointed;

(3)    a promotion or higher compensation in employment;

(4)    licensure in a profession or occupation; or

(5)    admission to a post-secondary institution.

(D)    Legitimate credentials used for the purposes in subsection (C) must be awarded by an institution that is:

(1)    accredited by an accrediting agency recognized by the United States Department of Education or has the foreign equivalent of such accreditation;

(2)    licensed through the South Carolina Commission on Higher Education to offer and confer credentials in South Carolina; or

(3)    found by the South Carolina Commission on Higher Education to meet standards of academic quality comparable to those of an institution that has accreditation from an accrediting agency recognized by the United States Department of Education to offer credentials of the type and level claimed by the person.

(E)    Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both."    /

Renumber sections to conform.

Amend title to conform.

JOHN D. HAWKINS for Committee.

TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POST-SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.

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

SECTION    1.    Section 16-13-15 of the 1976 Code, as last amended by Act 219 of 2002, is further amended to read:

"Section 16-13-15.    (A)    It is unlawful for any a person to falsify or alter a degree, transcript, a diploma, or the high school equivalency diploma known as the GED from any a high school, college, university, or technical college of this State, from the South Carolina Department of Education, or from any other another degree, transcript, or diploma issuing entity.

(B)    It is also unlawful for any a person to use in this State a falsified or altered degree, transcript, diploma, or high school equivalency diploma known as the GED from the South Carolina Department of Education, or from any an in-state or out-of-state high school, college, university, or technical school, or from any other another degree, transcript, or diploma issuing entity with the intent to defraud or mislead another person.

(C)    It is unlawful for a person or entity to knowingly issue, manufacture, or use a falsified or altered postsecondary degree, certificate, diploma, transcript, or other academic credential for general academic or professional purposes in connection with a business, trade, profession, or occupation to obtain employment, to gain a position in government or a public office whether elected or appointed, to obtain a promotion or higher compensation in employment, or to obtain admission to a postsecondary institution. Credentials used for those purposes must be awarded by an institution that:

(1)    has accreditation from an accrediting agency recognized by the United States Department of Education or has the foreign equivalent of such accreditation;

(2)    has licensure through the South Carolina Commission on Higher Education to offer and confer credentials in South Carolina; or

(3)    is found by the South Carolina Commission on Higher Education to meet standards of academic quality comparable to those of an institution that has accreditation from an accrediting agency recognized by the United States Department of Education to offer credentials of the type and level claimed by the person.

(D)    Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.