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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 14, 2005
S. 523
S. Printed 4/14/05--S.
Read the first time February 23, 2005.
To whom was referred a Bill (S. 523) to amend the Code of Laws of South Carolina, 1976, by adding Section 41-1-130 so as to provide that an employer who employs an illegal alien, 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, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1 of Title 41 of the 1976 Code is amended by adding:
"Section 41-1-130. (A) For purposes of this section:
(1) 'Department" means the Department of Labor, Licensing and Regulation.
(2) 'Employer' means a person, partnership, for profit or nonprofit corporation, the State and its political subdivisions, and their agents, that employ one or more employees.
(3) 'Employment' means service or labor performed for remuneration including day labor or other casual labor engaged in as a compensated activity.
(4) 'Illegal alien' means a person who is in the United States illegally or who lacks employment authorization in the United States, or both.
(B) An employer who hires, recruits, or refers an illegal alien for employment in this State, or continues to employ an illegal alien for employment in this State, with actual or constructive knowledge that he is an illegal alien as defined in subsection (A)(4), is subject to an administrative fine of up to five thousand dollars for each incident and a license issued to that employer by the department pursuant to its jurisdiction may be revoked if it is shown that the employer has intentionally disregarded the provisions of this chapter or has shown a pattern of disregard for the provisions of this chapter by poor recordkeeping and deceptive recruitment practices.
(C) The penalties provided in this section are in addition to and cumulative of other remedies and penalties at law."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
J. VERNE SMITH for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROVIDE THAT AN EMPLOYER WHO EMPLOYS AN ILLEGAL ALIEN FOR WORK IN THIS STATE IS SUBJECT TO AN ADMINISTRATIVE FINE AND LOSS OF LICENSING BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 41 of the 1976 Code is amended by adding:
"Section 41-1-130. (A) For purposes of this section:
(1) 'Employer' means a person, partnership, for profit or nonprofit corporation, the State and its political subdivisions, and their agents, that employ one or more employees.
(2) 'Illegal alien' means a person who is in the United States illegally or who lacks employment authorization in the United States, or both.
(3) 'Employment' means service or labor performed for remuneration including day labor or other casual labor engaged in as a compensated activity.
(B) An employer who hires, recruits, or refers an illegal alien for employment in this State, or continues to employ an illegal alien for employment in this State, with actual or constructive knowledge that he is an illegal alien as defined in subsection (A)(2), is subject to an administrative fine of five thousand dollars for each incident and a license issued to that employer by the department pursuant to its jurisdiction must be revoked.
(C) The penalties provided in this section are in addition to and cumulative of other remedies and penalties at law."
SECTION 2. This act takes effect upon approval by the Governor.
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