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COMMITTEE REPORT
January 23, 2008
H. 4347
Introduced by Reps. Stavrinakis, Young, Toole, Littlejohn, Cotty, Funderburk, McLeod and Battle
S. Printed 1/23/08--H.
Read the first time January 8, 2008.
To whom was referred a Joint Resolution (H. 4347) to direct the Attorney General of South Carolina to pursue all available remedies and seek reimbursement from the federal government for costs incurred by the State, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO DIRECT THE ATTORNEY GENERAL OF SOUTH CAROLINA TO PURSUE ALL AVAILABLE REMEDIES AND SEEK REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR COSTS INCURRED BY THE STATE ASSOCIATED WITH THE INCARCERATION OF ILLEGAL IMMIGRANTS AND PROVISION OF VARIOUS STATE GOVERNMENTAL SERVICES TO ILLEGAL IMMIGRANTS AND TO REQUIRE THE COOPERATION OF STATE GOVERNMENTAL AGENCIES IN PROVIDING INFORMATION ON ILLEGAL IMMIGRATION AND ILLEGAL IMMIGRANTS TO THE ATTORNEY GENERAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that the:
(1) costs incurred by the State of South Carolina in addressing illegal immigration and illegal immigrants are increasing and burdening the state's budgetary and human resources, placing the state's public peace, health, safety, and general welfare at risk;
(2) areas in which these costs are dramatically increasing include, but are not limited to, identifying illegal immigrants, processing illegal immigrants through the criminal justice system, incarcerating illegal immigrants, and providing education, medical assistance, health care, foster care, and other governmental services for illegal immigrants;
(3) federal government is requiring state governments, including South Carolina, to contribute even more state funds to enforce immigration laws and preserve homeland security, which are essentially federal responsibilities; and
(4) federal government is derelict in the enforcement of the immigration laws of the United States of America and is in arrears on its obligation to reimburse states for costs incurred in handling illegal immigration matters.
(B) The General Assembly, therefore, determines that it is necessary for the State of South Carolina to protect its interests and seek recovery or reimbursement, available pursuant to federal law or another applicable law or cause of action, for the costs incurred by this State and all political subdivisions of the State in managing and properly addressing illegal immigration.
SECTION 2. (A) The Attorney General of South Carolina is directed, on behalf of the State of South Carolina and all political subdivisions of the State, to pursue all available remedies to recover all monies owing from the federal government to the State for the reimbursement of costs incurred by the State in handling illegal immigration and illegal immigrants.
(B) Within six months of the effective date of this joint resolution and at least once each legislative session thereafter, the Attorney General shall file a written report with the Governor, the President of the Senate, and the Speaker of the House of Representatives detailing the progress and status of the Attorney General's pursuit of remedies as directed in this joint resolution.
SECTION 3. All state governmental agencies are directed to take reasonable steps to account for all costs or expenses incurred in all dealings with illegal immigration and illegal immigrants, and shall make timely reports of these findings to the Attorney General to aid in furtherance of the requirements of this joint resolution.
SECTION 4. This joint resolution takes effect upon approval by the Governor.
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