Reference is to the bill as introduced.
Amend the bill, as and if amended, Section 6-1-180, as contained in SECTION 1, beginning on Page 1, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-180.
(A) The South Carolina Law Enforcement
Division (SLED) shall create, prepare, maintain, and certify a
report listing by name each South Carolina political subdivision
it has determined to be in compliance with the requirements of
Sections 17-13-170(E) and 23-3-1100. This report must be known
as the Immigration Compliance Report (ICR). SLED also shall
certify compliance with federal laws related to the presence of
an unlawful person in the United States, as appropriate, as part
of the ICR. SLED shall determine the appropriate documentation
needed from each political subdivision to assure compliance. The
ICR must be provided annually to the Governor, General Assembly,
and State Treasurer by July first of each year.
(B) Each political
subdivision in the State shall provide all documentation and
information requested by SLED on or before June first of each
year. A political subdivision that claims an exemption from the
ICR shall still provide its required ICR with information to the
extent possible, and state in writing any claimed
exemptions.
(C) Beginning July 1,
2019, the State Treasurer is prohibited from disbursing funds
appropriated by the General Assembly to the Local Government
Fund to a political subdivision that has not been certified as
compliant by SLED in the ICR.
(D) SLED is authorized
to conduct criminal investigations to verify certifications and
ensure compliance by political subdivisions. Public officials,
public employees, or law enforcement officials found to have
intentionally and materially falsified compliance documentation
to SLED in the ICR may be subject to prosecution for perjury as
defined in Section 16-9-10(A)(2). Political subdivisions found
to have intentionally and materially falsified compliance
documentation to SLED in the ICR may not receive Local
Government Fund appropriations for a minimum of three
consecutive fiscal budget years, and must be subject to SLED
oversight for the purpose of ensuring compliance with Sections
17-13-170(E) and 23-3-1100.
(E) For purposes of
this section, the term 'political subdivision' is defined as a
local government entity eligible for funding from the Local
Government Fund.
(F) The sanctions and
remedies delineated in this section are in addition to other
sanctions and remedies provided by law."
/
Renumber sections to conform.
Amend title to conform.