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H. 4357

STATUS INFORMATION

General Bill
Sponsors: Reps. Townsend, Bailey, Altman, Kirsh and Clark
Document Path: l:\council\bills\ms\7037ahb06.doc

Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary

Summary: Unlawful to falsify or alter or use a false degree

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2005  House   Prefiled
   12/7/2005  House   Referred to Committee on Judiciary
   1/10/2006  House   Introduced and read first time HJ-42
   1/10/2006  House   Referred to Committee on Judiciary HJ-43

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2005

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, TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POSTSECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT, AND AUTHORIZING THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION TO CHARGE A REASONABLE FEE TO CONDUCT A REVIEW TO DETERMINE IF CERTAIN CREDENTIALS REPORTED BY AN APPLICANT ARE VALID.

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)    The South Carolina Commission on Higher Education is authorized to charge a reasonable fee to conduct a review in accordance with the provisions of subsection (C) to determine if certain credentials reported by an applicant are valid in an amount that will cover the cost of conducting this review.

(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."

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.

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