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H. 4022
STATUS INFORMATION
General Bill
Sponsors: Reps. Mahaffey, E.H. Pitts, Pinson, Davenport, Bailey, Bales, Dantzler, Edge, Hamilton, Jefferson, Leach, Littlejohn, Neilson, Rhoad, G.R. Smith, Umphlett and Walker
Document Path: l:\council\bills\gjk\20456sd05.doc
Introduced in the House on May 3, 2005
Currently residing in the House Committee on Ways and Means
Summary: Taxpayer and Citizen Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/3/2005 House Introduced and read first time HJ-3
5/3/2005 House Referred to Committee on Ways and Means HJ-4
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "THE SOUTH CAROLINA TAXPAYER AND CITIZEN PROTECTION ACT" BY ADDING SECTION 7-5-185 SO AS TO REQUIRE PROOF OF CITIZENSHIP TO REGISTER TO VOTE AND TO ESTABLISH PROCEDURES TO IMPLEMENT THIS REQUIREMENT; BY ADDING SECTION 43-5-80 SO AS TO PROVIDE THAT TO RECEIVE CERTAIN PUBLIC ASSISTANCE BENEFITS, AN APPLICANT FOR PUBLIC ASSISTANCE PROGRAM BENEFITS MUST PROVIDE PROOF THAT THE APPLICANT IS A UNITED STATES CITIZEN OR, IF NOT A UNITED STATES CITIZEN, IS LAWFULLY PRESENT IN THE UNITED STATES UNDER FEDERAL LAW, TO PROVIDE FOR TEMPORARY BENEFITS TO BE PAID IN CASES WHERE THE APPLICANT CANNOT PROVIDE PROOF AT THE TIME OF APPLICATION AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; BY ADDING SECTION 44-6-110 SO AS TO PROVIDE THAT A PERSON WHO WILFULLY EMPLOYS AN INDIVIDUAL WHO IS INDIGENT AND IS NOT LAWFULLY PRESENT IN THE UNITED STATES SHALL BE RESPONSIBLE FOR THE COST OF MEDICALLY NECESSARY SERVICES TO THE INDIVIDUAL EMPLOYED AND HIS HOUSEHOLD AND TO VEST IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RIGHTS TO THIRD PARTY PAYMENTS FOR THESE MEDICAL SERVICES; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO ALSO REQUIRE PROOF OF UNITED STATES CITIZENSHIP OR LAWFUL PRESENCE IN THE UNITED STATES UNDER FEDERAL IMMIGRATION LAW; AND TO REQUIRE CERTAIN STATE AGENCIES TO COOPERATE WITH LOCAL GOVERNMENTS AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO DEVELOP A SYSTEM FOR VERIFYING LAWFUL PRESENCE IN THE UNITED STATES OF CERTAIN PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Taxpayer and Citizen Protection Act".
SECTION 2. This State finds that illegal immigration is causing economic hardship and lawlessness in this State and that illegal immigration is encouraged by public agencies within this State that provide public benefits without verifying immigration status. This State further finds that illegal immigrants have been harbored and sheltered in this State and encouraged and induced to reside in this State through the issuance of identification cards that are issued without verifying immigration status, and that these practices impede and obstruct federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of South Carolina. Therefore, the people of this State declare that it is a compelling public interest of this State to discourage illegal immigration by requiring all public agencies within this State to cooperate with federal immigration authorities. The State also finds that other measures are necessary to ensure the viability of various governmental processes and services.
SECTION 3. Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-185. (A) In addition to the oath of United States citizenship required by Section 7-5-170, a county board of registration shall reject an application for voter registration submitted in person, by mail or in any other manner that is not accompanied by satisfactory evidence of United States citizenship.
(B)(1) The State Election Commission, within one hundred eighty days of the effective date of this section, shall compile and publish a list of approved documents, or a combination of approved documents, that establish satisfactory evidence of United States citizenship.
(2) The State Election Commission, at least one hundred eighty days before the date of a general election, may amend the list of approved documents establishing evidence of citizenship.
(3) In compiling or amending the list of approved documents, the commission shall give due consideration to facilitating voter registration by all citizens as well as the deterrence and prevention of fraudulent registration by unauthorized persons, and shall provide an opportunity for submission of public comments by interested citizens.
(4) The commission shall ensure that the list of approved documents conforms to all relevant federal and state laws protecting the voting rights of United States citizens.
(C) Notwithstanding subsection (A) of this section, a person who is registered to vote in this State on the effective date of this section is considered to have provided satisfactory evidence of citizenship and is not required to resubmit evidence of citizenship unless the person is registering in another county.
(D) For the purposes of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship.
(E) After a person has submitted satisfactory evidence of citizenship, the county board of registration shall indicate this information in the person's permanent voter file. After two years, the board of registration may destroy all documents that were submitted as evidence of citizenship.
SECTION 4. Chapter 5, Title 43 of the 1976 Code is amended by adding:
"Section 43-5-80. (A) At the time of application for public assistance program benefits, an applicant shall provide affirmative proof that the applicant is a citizen of the United States or is lawfully present in the United States under federal immigration law. The affirmative proof shall consist of a valid document or combination of valid documents recognized by the agency or entity authorizing the benefits. The State or local agency responsible for administering a program of public assistance shall not provide public assistance program benefits to an applicant unless the applicant has met the requirements of this section.
(B) An applicant who cannot provide the proof required under this section at the time of application may alternatively sign an affidavit under oath, attesting to either United States citizenship or to classification by the United States as an alien lawfully admitted for permanent residence in order to receive temporary benefits as provided in this section. The affidavit must be on or consistent with forms prepared by the State or local agency administering the public assistance benefits program, and shall include the applicant's social security number and an explanation of the penalties under state law for fraudulently obtaining public assistance benefits. An applicant that knowingly provides false information on the affidavit or application for public assistance benefits is subject to criminal penalties applicable in this State for fraudulently obtaining public assistance program benefits. An applicant who has provided the sworn affidavit required by this subsection is eligible to receive temporary public assistance program benefits as follows:
(1) for ninety days or until such time it is determined that the applicant is not lawfully present in the United States, whichever is earlier; or
(2) indefinitely if the applicant provides a copy of a completed application for a South Carolina birth certificate that is pending in this State or under a substantially similar law of another state. An extension granted under this item shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.
(C) A state or local agency shall report in writing to the Attorney General of this State, and to a federal immigration law enforcement office designated by the Attorney General of this State, the name of an applicant or beneficiary described in this section that fails to verify his legal presence in the United States. An employee of a state or local agency who knowingly and wilfully fails to report violations of federal immigration law is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding thirty days in addition to any other penalties provided by law. A supervisor of an employee who knows of the employee's failure to report and fails to direct the employee to make the report is guilty of the same offense.
(D) This section does not apply to state or local public assistance program benefits that are excepted from verification of eligibility under federal law.
(E) The term 'state or local public benefit' is as defined under 8 U.S.C.A. Section 1621(c). The definition shall exclude any state and local public benefit excepted from verification of eligibility under 8 U.S.C.A. Section 1621(b), including services necessary for the treatment of an emergency medical condition.
(F) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(G)(1) A person who believes that a State or local agency has failed to comply with this section in the administration of public assistance program benefits may file a complaint in writing with the state or local agency charged with administering the program.
(2) The state or local government agency shall provide a written response within sixty days of receipt of the complaint, or within thirty days if the complaint alleges erroneous determination that the person is not lawfully present in the United States.
(3) A person with reasonable cause to believe that a state or local agency has failed to cease an act or practice in violation of this section, within seventy-five days after receipt of the agency's written response to the person's complaint made pursuant to item (1) of this subsection, may institute a proceeding for injunction or mandamus to remedy the violation giving rise to the complaint."
SECTION 5. Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-110. (A) A person who knowingly and wilfully employs a person who is not a United States citizen and who is not a resident of the State, shall be responsible for the cost of providing medically necessary services for the nonresident and members of the nonresident's household who are medically indigent, if the medical condition leading to medically necessary services arises during the course of employment. A cause of action for reimbursement plus costs and attorneys' fees shall accrue against an employer of the nonresident medically indigent person to the State for services provided by the State or by any county or health care provider that provides health care services to the indigent person. A person who, in good faith, relies on documentation establishing employment authorization in the United States, where the document appears to be authentic on its face, is not subject to the provisions of this subsection.
(C) To the extent that payment for covered services has been made for health care items or services furnished to the nonresident individual, or in any case where a third party has a legal liability to make the payments, the Department of Health and Human Services is considered to have acquired the rights of the individual to payment by any other party for those health care items or services."
SECTION 6. Section 56-1-3350 of the 1976 Code, as last amended by Act 227 of 2000, is further amended by adding a new paragraph at the end to read:
"In addition to the requirements of this section, a special identification card may not be issued by the Department of Motor Vehicles unless proof of United States citizenship is received by the department or proof of lawful presence in the United States under federal immigration law."
SECTION 7. All state agencies administering programs of public assistance in this State shall cooperate with local governments and the United States Department of Homeland Security to develop a system to facilitate verification of an individual's lawful presence in the United States in furtherance of this act. The system developed may include all or part of the Systematic Alien Verification Entitlements Program operated by the United States Department of Homeland Security.
SECTION 8. Section 1 of this act is effective with respect to voters registering on or after January 1, 2005. The remainder of this act becomes effective January 1, 2006, and applies to applications for public assistance programs submitted on and after that date.
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