South Carolina General Assembly
117th Session, 2007-2008

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S. 392

STATUS INFORMATION

General Bill
Sponsors: Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips
Document Path: l:\s-jud\bills\ritchie\jud0022.jhr.doc
Companion/Similar bill(s): 1336, 3026, 3027, 3037, 3068, 3141

Introduced in the Senate on February 1, 2007
Introduced in the House on April 24, 2007
Last Amended on February 13, 2008
Currently residing in conference committee

Summary: Illegal Immigration Reform Act; Registration of Immigration Services Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/1/2007  Senate  Introduced and read first time SJ-3
    2/1/2007  Senate  Referred to Committee on Judiciary SJ-3
   3/29/2007  Senate  Committee report: Favorable with amendment Judiciary SJ-4
   3/30/2007          Scrivener's error corrected
   4/17/2007  Senate  Special order, set for April 17, 2007 SJ-21
   4/18/2007  Senate  Committee Amendment Amended and Adopted SJ-20
   4/18/2007  Senate  Read second time SJ-20
   4/19/2007  Senate  Amended SJ-41
   4/19/2007  Senate  Read third time and sent to House SJ-41
   4/20/2007          Scrivener's error corrected
   4/24/2007  House   Introduced and read first time HJ-5
   4/24/2007  House   Referred to Committee on Judiciary HJ-10
   1/23/2008  House   Committee report: Favorable with amendment Judiciary HJ-7
   1/29/2008  House   Debate adjourned until Wednesday, January 30, 2008 HJ-22
   1/30/2008  House   Debate adjourned HJ-21
   1/30/2008  House   Amended HJ-87
   1/30/2008  House   Read second time HJ-133
   1/31/2008  House   Read third time and returned to Senate with amendments 
                        HJ-26
    2/4/2008          Scrivener's error corrected
   2/13/2008  Senate  House amendment amended SJ-38
   2/13/2008  Senate  Returned to House with amendments SJ-38
   2/21/2008  House   Non-concurrence in Senate amendment HJ-25
   2/21/2008  Senate  Senate insists upon amendment and conference committee 
                        appointed Ritchie, Campsen and Sheheen SJ-67
   2/26/2008  House   Conference committee appointed Reps. Harrison, Delleney, 
                        and Viers HJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/1/2007
3/29/2007
3/30/2007
4/18/2007
4/19/2007
4/20/2007
1/23/2008
1/30/2008
2/4/2008
2/13/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

HOUSE AMENDMENTS AMENDED

February 13, 2008

S. 392

Introduced by Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips

S. Printed 2/13/08--S.

Read the first time February 1, 2007.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT, SO AS TO ENACT THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, TO DEFINE TERMS, TO ESTABLISH DEADLINES TO COMPLY FOR PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO AMEND TITLE 8 BY ADDING CHAPTER 28, RELATING TO ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, ANY COUNTY SHERIFF, OR THE GOVERNING BODY OF ANY MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO AMEND TITLE 8, BY ADDING CHAPTER 29, RELATING TO VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY NATURAL PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW, THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILLFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT SHALL BE GUILTY OF A FELONY AND, UPON CONVICTION, SHALL BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD SECTION 12-6-1175, SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE PER YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITIES COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595, SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460, TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED, AND TO PROHIBIT ANY PERSON CONVICTED FROM OBTAINING A PROFESSIONAL LICENSE IN SOUTH CAROLINA; TO ADD SECTION 16-9-460, SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION ANY PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, AND TO PROVIDE PENALTIES FOR A CONVICTION FOR SUCH CRIME; TO ADD SECTION 23-3-1100, SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER ANY PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE SUCH VERIFICATION WITHIN 72 HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 39-5-37, SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO ANY PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHO THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES, OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND TO PROVIDE AN EXEMPTION FOR ANY EMPLOYER WHO CONFIRMS A WORKER'S STATUS THROUGH THE FEDERAL WORK AUTHORIZATION PROGRAM; AND TO AMEND TITLE 40, BY ADDING CHAPTER 83, RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES, SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE DEFINITIONS, TO LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, TO PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, FOR REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, FOR REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE 'NOTARY PUBLIC', OR 'IMMIGRATION CONSULTANT', OR FOR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION.

Amend Title To Conform

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

SECTION    1.    This act may be cited as the "South Carolina Illegal Immigration Reform Act".

SECTION    2.    Section 1-31-40(A) of the 1976 Code is amended to read:

"(A)    The commission shall:

(1)    provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;

(2)    work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;

(3)    provide for publication of a statewide statistical abstract on minority affairs;

(4)    provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;

(5)    provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community;

(6)    determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;

(7)    establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;

(8)    act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;

(9)    seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;

(10)    promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and

(11)    establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and

(11)(12)    perform other duties necessary to implement programs."

SECTION    3.    Title 8 of the 1976 Code is amended by adding:

"CHAPTER 14

Illegal Aliens and Public Employment

Section 8-14-10.    (A)    As used in this article, the term:

(1)    'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars.

(2)    'Director' means the director of the State Budget and Control Board.

(3)    'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.

(4)    'Federal work authorization program' means the E-Verify Program or 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), Public Law 99-603, or an electronic verification of work authorization program operated by a private entity and approved by the Attorney General.

(5)    'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.

(6)    'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price. The term does not include:

(a)    a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;

(b)    a contract primarily for the acquisition of an end product; and

(c)    a contract that is predominantly for the performance of professional or consultant services.

(7)    'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor.

(8)    'Sub-subcontractor' means any person having a services contract with a subcontractor.

(9)    'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 8-14-20.    (A)    On or after January 1, 2009, 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 services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

(1)    to register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or

(2)    to employ only workers who:

(a)    possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b)    are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or

(c)    possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(C)    A public employer and contractor must not divide work or duties that would otherwise constitute a single service contract into separate contracts for the purpose of avoiding the requirements of this chapter.

(D)    Subsection (B) applies as follows:

(1)    on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees;

(2)    on and after July 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and

(3)    on and after January 1, 2010, with respect to all other contractors, subcontractors or sub-subcontractors.

(E)    Private employers shall comply with the provisions of Chapter 8, Title 41.

Section 8-14-30.    The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this article for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.

Section 8-14-40.    A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this article to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this article by the contractor and any subcontractor or sub-subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.

Section 8-14-50.    A contractor or public employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-14-60.    A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-14-70.    A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.

Section 8-14-80.    Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations deemed necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

SECTION    4.    Title 8 of the 1976 Code is amended by adding:

"CHAPTER 28

Enforcement of Federal Immigration and Customs Laws Memorandum of Understanding

Section 8-28-10.    (A)    The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, training, and investigations in the State of South Carolina to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement.

(B)    The memorandum of understanding negotiated pursuant to subsection (A) of this section shall be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor, or as otherwise required by the appropriate federal agency.

(C)    The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B) of this section. The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

(D)    The director of the South Carolina Department of Corrections, the sheriff of any county, and the governing body of any municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.

(E)    A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."

SECTION    5.    Title 8 of the 1976 Code is amended by adding:

"CHAPTER 29

Verification of Lawful Presence in the United States

Section 8-29-10.    (A)    Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that are administered by an agency or a political subdivision of this State.

(B)    The provisions of this article shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(C)    Verification of lawful presence pursuant to the provisions of this article is not required for:

(1)    any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;

(2)    assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in the Social Security Act (42 U.S.C. 1396 et seq.), of the person involved and are not related to an organ transplant procedure;

(3)    short-term, noncash, in-kind emergency disaster relief;

(4)    public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

(5)    programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(a)    deliver in-kind services at the community level, including through public or private nonprofit agencies;

(b)    do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(c)    are necessary for the protection of life or safety;

(6)    for prenatal care;

(7)    for postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including, but not limited to, public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623; or

(8)    for any benefits, programs, services or any other assistance provided to victims of domestic violence, irrespective of their immigration status, under the Violence Against Women Act of 2000, Public Law Number 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, Public Law Number 104-208.

(D)    Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows:

(1)    the applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident eighteen years of age or older; or

(2)    the applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the Federal Immigration and Nationality Act, Public Law 82-414, eighteen years of age or older, and lawfully present in the United States.

(E)    For an applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit shall be presumed to be proof of lawful presence for the purposes of this section.

(F)    A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. In addition, a person convicted pursuant to this section must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program. It shall constitute a separate violation of this section each time a person receives a public benefit based on such a statement or representation. A conviction and fine charged pursuant to this section shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action, individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action under this section reasonable attorney's fees and costs.

(G)    Persons convicted of a violation of this section are jointly and severally liable for any loss suffered by a person or an agency or political subdivision of the State.

(H)    If an affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. Section 911, a complaint shall be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

(I)    It shall be unlawful for any agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this section.

(J)    All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on these errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.

(K)    An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 U.S.C. 1621 or 8 U.S.C. Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.

(L)    A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."

SECTION    6.    Title 8 of the 1976 Code is amended by adding:

"CHAPTER 30

Recording and Reporting Immigration Law Violations

Section 8-30-10.    (A)    The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of any laws or regulations by any non-United States citizen or immigrant, and allegations of violations of any laws or regulations against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.

(B)    The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter.

Section 8-30-20.    The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."

SECTION    7.    Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-1175.    (A)    As used in this section, the term:

(1)    'Authorized employee' means any individual authorized for employment in the United States as defined in the Immigration Reform and Control Act of 1986.

(2)    'Labor services' means the physical performance of services in this State.

(B)    On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(C)    This section shall not apply to a business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized persons unlawful.

(D)    This section shall not apply to an individual hired by the taxpayer prior to January 1, 2009.

(E)    This section shall not apply to a taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.

(F)    This section shall not apply to wages or remuneration paid for labor services to any individual who: (1) holds and presents to the taxpayer a valid license or identification card issued by the South Carolina Department of Motor Vehicles; (2) is eligible to obtain a South Carolina driver's license or identification card in that he meets the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or (3) possesses a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.

(G)    No taxpayer shall be held liable for failing to comply with the provisions of this section if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was not an authorized employee. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.

(H)    The director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(I)    The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION    8.    Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-595.    (A)    A withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of seven percent of the amount of compensation paid to an individual that is reported on Form 1099 and with respect to which the individual has:

(1)    failed to provide a taxpayer identification number or social security number;

(2)    failed to provide a correct taxpayer identification number or social security number; or

(3)    provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.

(B)    A withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of the form to the commissioner.

(C)    A withholding agent does not violate this section if the individual provides a false or incorrect social security number or taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on a reasonable investigation that the number provided is incorrect.

(D)    The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION    9.    Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460.    (A)    It is a felony for any person to transport, move, or attempt to transport within the State, or to solicit or conspire to transport, move, or attempt to transport or move within the State, any person knowingly or in reckless disregard of the fact that the person has come to, entered, or remained in the U.S. in violation of law, to further the person's illegal presence in the United States, or to avoid apprehension or detection of the person's illegal status by state or federal authorities.

(B)    It is a felony for any person to conceal, harbor, or shelter from detection, or to solicit or conspire to conceal, harbor, or shelter from detection any person in any place, including any building or means of transportation, knowingly or in reckless disregard of the fact that the person has come to, entered, or remained in the U.S. in violation of law, to further the person's illegal presence in the United States, or to avoid apprehension or detection of the person's illegal status by state or federal authorities.

(C)    A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D)    A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.

(E)    Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i)     deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii)    do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii)    are necessary for the protection of life or safety."

SECTION    10.    Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-525.    (A)    In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.

(B)    A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.

(C)    A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(D)(1)    It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit green card or other document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.

(2)    A person who violates the provisions of this section:

(a)    for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and

(b)    for a second offense or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.

(E)    A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section."

SECTION    11.    Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Article 13

Verification of Nationality of Prisoners

Section 23-3-1100.    (A)    If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is lawfully present in the United States.

(B)    If the prisoner is a foreign national, the keeper of the jail or other officer must make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

(C)    Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice to the Department of Homeland Security for these expenses.

(D)    Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the lawful presence in the United States of the person charged.

(E)    The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

SECTION    12.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-30.    (A)    There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is not lawfully present and authorized to work in the United States.

(B)    An aggrieved employee must show:

(a)    the replacement occurred within sixty days of the date of the employee's termination, and

(b)    the replacement worker was not authorized to work in the United States at the time of the replacement; and

(c)    the employer knew or reasonably should have known of the replacement worker's status; and

(d)    the replacement worker filled duties and responsibilities the employee vacated.

(C)    This section does not create an employment contract for either a public or private employer.

(D)    An employee who brings a civil suit pursuant to this section is limited to the following recovery:

(1)    reinstatement to his former position; and

(2)    actual damages, to include lost wages.

(E)    There is a rebuttable presumption that the employer did not wrongfully terminate an employee if the employer demonstrates compliance with the provisions of Section 8-14-20.

(F)    Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.

(G)    For any action brought pursuant to this section, the court may award attorney fees to the prevailing party."

SECTION    13.    Title 40 of the 1976 Code is amended by adding:

"CHAPTER 83

Registration of Immigration Assistance Services

Section 40-83-10.    This act shall be cited as the 'Registration of Immigration Assistance Service Act'.

Section 40-83-20.    As used in this chapter, the term:

(A)    'Compensation' means money, property, services, promise of payment, or anything else of value.

(B)    'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.

(C)    'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.

(D)    'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(E)    'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:

(1)    immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(2)    action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 43-83-30.    (A)    A person who provides or offers to provide immigration assistance service shall perform only the following services:

(1)    completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;

(2)    transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;

(3)    translating information on forms to a customer and translating the customer's answers to questions posed on those forms;

(4)    securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;

(5)    translating documents from a foreign language into English;

(6)    notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;

(7)    making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;

(8)    preparing or arranging for the preparation of photographs and fingerprints;

(9)    arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;

(10)    conducting English language and civics courses; and

(11)    performing such other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.

(B)    The following persons are exempt from this chapter:

(1)    an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

(2)    a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or

(3)    a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(C)    Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law.

(D)    A person performing such services shall obtain a license from the director and as may be required by a local governing authority.

(E)    A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F)    Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.

(G)    A person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or any other term that implies the person is an attorney.

(H)    A person engaged in providing immigration services who is not exempted under this chapter must not do any of the following:

(1)    accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;

(2)    refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(3)    represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term ' notary public' if the use is accompanied by the statement that the person is not an attorney. The term 'notary public' may not be translated into another language;

(4)    provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or

(5)    make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

(I)    Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.

(J)    Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It shall constitute a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

(K)    Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.

(L)    The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(M)    This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."

SECTION    14.    Section 14-7-1630(A), as amended by Act 82 of 2007, is further amended to read:

"Section 14-7-1630.    (A)    The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)    a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)    a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)    a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4)    a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(5)    a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)    involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)    appears to be intended to:

(i)        intimidate or coerce a civilian population;

(ii)    influence the policy of a government by intimidation or coercion; or

(iii)    affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)    occurs primarily within the territorial jurisdiction of this State;

(6)    a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;

(7)    a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and

(8)    a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal under federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section.;

(9)    a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 8-29-10, if the number of violations exceeds twenty, or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)    a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars; and

(11)    a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-83-30, if the number of violations exceeds twenty, or if the benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars."

SECTION    15.    Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.    (A)    It is unlawful for a person who is not lawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

(B)    If a person is not lawfully present in the United States, it is unlawful to sell, offer to sell, deliver, lease, rent, barter, exchange, or transport into this State a firearm to that person knowingly or in reckless disregard of the fact that the person is not lawfully present in the United States.

(C)    A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D)    A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."

SECTION    16.    Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"Section 17-15-30.    (A)    In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:

(1)    family ties,;

(2)    employment,;

(3)    financial resources,;

(4)    character and mental condition,;

(5)    the length of his residence in the community,;

(6)    his record of convictions,; and

(7)    his record of flight to avoid prosecution or failure to appear at other court proceedings.

(B)    The court shall consider:

(1)    the accused's criminal record, if any. The court shall consider, if available,;

(2)    all incident reports generated as a result of the offense charged, if available; and

(3)    whether the accused is not lawfully present in the United Sta tes in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration, and poses a substantial flight risk due to this status."

SECTION    17.    Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-430.    (A)    A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified.

(B)    A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."

SECTION    18.    Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170.    (A)    For purposes of this section, 'political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

(B)    A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.

(C)    A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.

(D)    A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal law or that is in conflict with state law. An enactment found to be in conflict with federal or state law is void."

SECTION    19.    Title 41 of the 1976 Code is amended by adding:

"CHAPTER 8

Illegal Aliens and Private Employment

Section 41-8-10.    (A)    On and after July 1, 2009, all private employers of one hundred or more employees must:

(1)    register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or

(2)    timely and properly complete both the employer and employee portions of the federal Form I-9 documents on each employee, and maintain those documents in accordance with federal law; or

(3)    employ only workers who:

(a)    possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles; or

(b)    are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or

(c)    possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(B)    The provisions of subsection (A) apply to all private employers of less than one hundred employees on and after January 1, 2010.

(C)    The Employment Security Commission may provide private employers with technical advice and electronic access to the federal work authorization program's website for the sole purpose of registering and participating in the program.

Section 41-8-20.    The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 41-8-30.    A private employer shall not knowingly or intentionally employ a person who is not lawfully present in the United States.

Section 41-8-40.    A private employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 41-8-60.    A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 41-8-70.    A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.

Section 41-8-80.    Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations deemed necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

Section 41-8-90.    Nothing in this chapter shall be construed to abrogate a private employer's obligation to comply with federal immigration law, to include the proper completing and maintaining of federal Employee Eligibility Verification Forms I-9."

SECTION    20.    All requirements of this act concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.

SECTION    21.    If any subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Section 19 is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the Section, the General Assembly hereby declaring that it would have passed this act, and each and every subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    22.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact t hat any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    23.    This act takes effect upon approval by the Governor.

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This web page was last updated on Monday, October 10, 2011 at 1:27 P.M.