Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The prophet, Isaiah, reminds us:
"O Lord, you are our Father; we are the clay, and you are our potter; we are all the work of your hand." (Isaiah 64:8)
Friends, let us pray:
The challenges continue, Holy Lord. The leadership of this State remains confronted by issues and circumstances which require considerable molding and shaping, study and debate-and prayer. And even though we know You are our Creator, we further realize that individual decisions and actions are typically left to us to be finalized. Empower these Senators and their staff members to follow Your desires to the best of their abilities, O God. Bless them and the works that they do, that they might draw strength from You and from Your teachings, striving to do what is best for all of South Carolina. In Your name we pray, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant, Cromer, Leatherman, Vaughn, Cleary, Land, O'Dell, Peeler, Reese, Thomas, Hayes, McGill, Verdin, Elliott and Rankin: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 465.
The following were introduced:
S. 685 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ALLOWED TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO ALLOW EMPLOYEES OF BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY TO PARTICIPATE IN THESE PLANS; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES IN THE DEFINITIONS OF "EMPLOYEE" AND "EMPLOYER" AND TO INCLUDE WITHIN THOSE DEFINITIONS BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY.
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Read the first time and referred to the Committee on Finance.
S. 686 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 13, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-13-12, TO PROVIDE THAT IT IS UNLAWFUL TO SNAG A FISH.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 687 (Word version) -- Senators Martin, Alexander, McConnell, Fair, Reese, O'Dell, Elliott, Vaughn, Matthews, Ford, Drummond, Gregory, Ryberg, Leatherman, Ritchie, Knotts, Bryant, Verdin, Cleary, Cromer, Williams, McGill, Campsen and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 19 SO AS TO ENACT THE "RELIABILITY IN EXPERT TESTIMONY STANDARDS ACT" SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH LAY WITNESSES MAY OFFER OPINION TESTIMONY, ESTABLISH PROCEDURES AND STANDARDS FOR THE ADMISSIBILITY OF EXPERT WITNESS' TESTIMONY, INSTRUCT THE COURTS ON THE INTERPRETATION OF THE CHAPTER, AND PROVIDE A DE NOVO STANDARD OF REVIEW FOR APPELLATE COURTS WHEN DETERMINING WHETHER A COURT APPLIED THE PROPER LEGAL STANDARD RELATED TO THE USE OF EXPERT TESTIMONY.
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Read the first time and referred to the Committee on Judiciary.
S. 688 (Word version) -- Senators Hawkins, Williams, Ritchie, Grooms, O'Dell, Leatherman, Hayes, Leventis, Land, Campsen, McGill, Short, Bryant, Moore, Vaughn and Pinckney: A BILL TO AMEND SECTION 56-3-9600(B) OF THE 1976 CODE, RELATED TO "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, TO PROVIDE THAT FROM THE FUNDS COLLECTED FROM THE LICENSE FEE, THE DEPARTMENT OF AGRICULTURE MAY AWARD GRANTS TO NONPROFIT ORGANIZATIONS OFFERING ANIMAL SPAYING AND NEUTERING PROGRAMS FOUR TIMES A YEAR INSTEAD OF ONCE A YEAR.
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Read the first time and referred to the Committee on Transportation.
S. 689 (Word version) -- Senator Ritchie: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF UNION COUNTY ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3844 (Word version) -- Reps. Vick, Neilson, Lucas and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "BOATWRIGHT BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3908 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE YMCA BLUE RIDGE ASSEMBLY FOR ITS ONE HUNDRED YEARS OF SERVICE, AND TO WISH THE GROUP CONTINUED SUCCESS AND GROWTH IN THE COMING YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3909 (Word version) -- Reps. Chellis, Young, Harrell and Knight: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF CORPORAL PHILLIP MICHAEL DEESE, OF DORCHESTER COUNTY, WHO DIED IN THE LINE OF DUTY WHILE SERVING WITH THE DORCHESTER COUNTY SHERIFF'S OFFICE, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3913 (Word version) -- Reps. Hart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING V. V. REID SCHOOL IN COLUMBIA AS IT OBSERVES ITS FIFTY-FOURTH ANNIVERSARY OF EDUCATING CHILDREN FOR THE FUTURE AND WISHING IT GREAT SUCCESS AS IT CELEBRATES ITS FIRST SCHOOL REUNION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3921 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JULIA M. BOYD, EXECUTIVE DIRECTOR OF COMMUNITY RELATIONS SERVICES FOR RICHLAND SCHOOL DISTRICT TWO, FOR HER OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA PUBLIC EDUCATION, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3924 (Word version) -- Reps. Ceips, Duncan, Barfield, Cato, Chalk, Clemmons, Hardwick, Harrell, Mulvaney, Pinson, M. A. Pitts, Rutherford, D. C. Smith, J. R. Smith, Stavrinakis, Stewart and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS OF GOOD WILL TO THE VIEWS TO BE EXPRESSED AT A RALLY ON THE STATE HOUSE GROUNDS SCHEDULED FOR APRIL 21, 2007, BY A NEO-NAZI ORGANIZATION.
The Concurrent Resolution was introduced and referred to the General Committee.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 82 (Word version) -- Senators Malloy, Sheheen and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA FALSE CLAIMS ACT" PROVIDING FOR DEFINITIONS OF CERTAIN TERMS, LIABILITY FOR FALSE OR FRAUDULENT CLAIMS UNDER CERTAIN CIRCUMSTANCES, PROCEDURES FOR CIVIL ACTIONS FOR FALSE CLAIMS, THE PROCEDURE AND CONTENTS OF CIVIL INVESTIGATIVE DEMANDS, AND CREATING THE STATE FALSE CLAIMS ACT INVESTIGATION AND PROSECUTION FUND.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 84 (Word version) -- Senators Bryant, Ryberg, Vaughn, Grooms, Verdin and Fair: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 186 (Word version) -- Senators Gregory, Knotts, Lourie and Jackson: A BILL TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 376 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO BE EXPENDED IN THE MANNER DETERMINED BY THIS STATE SUBJECT TO FEDERAL REQUIREMENTS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler, Elliott and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.83 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS; TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES; AND TO DELETE AN OBSOLETE PROVISION; AND BY ADDING SECTION 11-43-165 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ANNUALLY SHALL SET ASIDE FIVE MILLION DOLLARS FOR THE USE OF THE DEPARTMENT OF TRANSPORTATION FOR THE INTERSTATE 73 AND INTERSTATE 74 PROJECTS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Ordered for consideration tomorrow.
Columbia, S.C., April 17, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.14, H. 3357 by a vote of 0 to 1:
(R14, H3357 (Word version)) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 18, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3199 (Word version) -- Reps. G.M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
asks for a Committee of Conference, and has appointed Reps. G. M. Smith, Herbkersman, and Rutherford to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 3199 (Word version) -- Reps. G.M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
Whereupon, Senators HAWKINS, SHEHEEN and CAMPSEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 682 (Word version) -- Senators Knotts, Setzler, Courson, Hutto and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. JOHN N. HARDEE OF RICHLAND COUNTY FOR HIS DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
Returned with concurrence.
Received as information.
S. 683 (Word version) -- Senators Leatherman and Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2007.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of Act and enrolled for Ratification:
H. 3558 (Word version) -- Reps. Lowe, Williams, Branham and Alexander: A BILL TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR IS INCREASED FROM THREE TO FOUR YEARS FOR ALL TRUSTEES ELECTED BEGINNING WITH ELECTIONS HELD ON AND AFTER 2007.
On motion of Senator LAND
The following House Bill and Joint Resolution were read the third time and ordered returned to the House with amendments:
H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
S. 369 (Word version) -- Senators Jackson, Lourie, Leventis, Hutto, Pinckney and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
Senator JACKSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 175 (Word version) -- Senators Elliott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM.
S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.
S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators CAMPSEN and ELLIOTT proposed the following amendment (GJK\20289SD07), which was adopted:
Amend the bill, as and if amended, in Section 50-5-1705 of the 1976 Code, as contained in SECTION 2, by striking subsection (H) in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 488 (Word version) -- Senators Ryberg and Anderson: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (488R001.MLF), which was adopted:
Amend the Bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding any other provision of law, the State shall forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates charged by vendors for the use of those phones must be reduced to reflect this foregone state revenue.
SECTION 2. This act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the committee amendment.
The committee amendment was adopted.
Senator LEATHERMAN objected to further consideration of the Bill.
S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senators RITCHIE and SHEHEEN proposed the following amendment (JUD0099.013):
Amend the committee report, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-11-20 of the 1976 Code is amended to read:
"Section 7-11-20. (A) Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.
(B)(1) AExcept as provided in item (2), a certified political party wishing to hold a presidential preference primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.
(2) In 2008, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title, (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which candidate desires to file, and such candidate's name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission and must be used for conducting the presidential preference primaries."
SECTION 2. Section 7-13-15 of the 1976 Code is amended to read:
"Section 7-13-15. (A)(1) Except for This section does not apply to municipal primaries,.
(2) This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).
(B) all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:
(1) primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and
(2) primaries for:
(a) state offices;
(b) offices including more than one county;
(c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and
(d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."
SECTION 3. Section 7-11-25 of the 1976 Code is amended to read:
"Section 7-11-25. Nothing Except for the provisions of Section 7-11-20 related to presidential preference primaries, nothing in this act chapter nor any other provision of law may be construed as either requiring or prohibiting the political parties a political party in this State from conducting, advisory primaries according to their the party's own rules and at the party's expense, presidential preference or advisory primaries."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator COURSON objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
COMMITTEE AMENDMENT AMENDED AND ADOPTED
S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator RITCHIE, subcommittee chairman, explained the Bill.
At 2:43 P.M., Senator MARTIN assumed the Chair.
Senator RITCHIE proposed the following Amendment No. P-1A (JUD0392.026), which was adopted:
Amend the committee report, page [392-17], as and if amended, after line 37, by inserting therein the following:
/ (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."/
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators CAMPSEN, CLEARY and MARTIN proposed the following Amendment No P-2 (JUD0392.015), which was adopted:
Amend the committee report, pages [392-6] through [392-8], as and if amended, by striking SECTION 5 in its entirety, and inserting therein the following:
/ SECTION 5. Title 8 of the 1976 Code is amended by adding:
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) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(C) Verification of lawful presence under this section shall not be required:
(1) for any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;
(2) for assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the person involved and are not related to an organ transplant procedure;
(3) for short-term, noncash, in-kind emergency disaster relief;
(4) for 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) for programs, services, or assistance such as 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 and unreviewable 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 any 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) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this subsection, 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 any 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 such action under this section reasonable attorney's fees and costs.
(G) Persons convicted of a violation of this subsection are jointly and severably 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. Each state agency or department that administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this section.
(J) All errors and significant delays by SAVE or its successor program shall be reported to the United States Department of Homeland Security and to the Secretary of State which shall monitor SAVE and its verification application errors and significant delays and report yearly on these errors and significant delays to ensure that SAVE is not wrongfully denying benefits to legal residents of South Carolina." /
Amend the committee report further, as and if amended, by striking SECTION 10 of the committee report, page [392-12], in its entirety, and inserting therein the following:
/ 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 contendre 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 any 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 severably liable for a loss suffered by a person or an agency or political subdivision of the State." /
Amend the committee report further, as and if amended, pages [392-13] - [392-17], by striking SECTION 13 of the amendment in its entirety, and inserting therein the following:
/ SECTION 13. Title 40 of the 1976 Code is amended by adding:
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, 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 severably 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." /
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION after SECTION 13 of the committee report to read:
/ SECTION ___. Section 14-7-1630 is 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 wilful 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 wilful 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 wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful 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 wilful 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 8-9-10, if the number of such violations exceeds twenty, or if the public benefit received by a person from any such violation or combination of such 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 such violations exceeds twenty, or if the value of any ascertainable loss of money or property suffered by any person or persons from any such violation or combination of such violations exceeds twenty thousand dollars;
(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 any 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 such violations exceeds twenty, or if any benefit received by any person from any such violation or combination of such violations exceeds twenty thousand dollars.
(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the chief administrative judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.
(C) In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Commissioner of the Department of Health and Environmental Control must consult with and, after investigation, provide a formal written recommendation to the Attorney General and the Chief of the South Carolina Law Enforcement Division. The Attorney General and the Chief of the South Carolina Law Enforcement Division must consider the impaneling of a state grand jury necessary before the Attorney General presents a petition, which includes the commissioner's written recommendation, to the chief administrative judge pursuant to Section 14-7-1630(B).
(1) In the case of evidence brought to the attention of the Attorney General, the Chief of the South Carolina Law Enforcement Division, or the Department of Health and Environmental Control by an employee or former employee of the alleged violating entity, there must also be separate, credible evidence of the violation in addition to the testimony or documents provided by the employee or former employee of the alleged violating entity.
(2) Where an individual employee performs a criminal violation of the environmental laws that results in actual and substantial harm pursuant to subsection (A)(8) and which prompts an investigation authorized by this article, only the individual employee is subject to the investigation unless or until there is separate, credible evidence that the individual's employer knew of, concealed, directed, or condoned the employee's action.
(D) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.
(E) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.
(F) The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.
(G) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (F) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal." /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
On motion of Senator HAYES, with unanimous consent, Senators FAIR, SHORT and HAYES were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.
Senator CAMPSEN resumed explaining the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator CAMPSEN spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
Senator CAMPSEN resumed explaining the amendment.
At 3:42 P.M., the PRESIDENT assumed the Chair.
Senator CAMPSEN resumed explaining the amendment.
The amendment was adopted.
Senator FORD desired to be recorded as voting against the adoption of the amendment.
Senator HUTTO proposed the following Amendment No. P-3 (JUD0392.017), which was tabled:
Amend the committee report, pages [392-2] through [392-5], as and if amended, by striking SECTION 3 of the amendment and inserting therein the following:
/ SECTION 3. Title 8 of the 1976 Code is amended by adding:
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 Executive 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 Basic Pilot 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 thirty percent of the total cost of all labor or exceeds five percent of the total contract price. Service contract excludes: (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 contract; or (b) a contract with a sub-subcontractor.
(8) 'Sub-subcontractor' means any person having a services contract with a subcontractor.
Section 8-14-20. (A) On or after July 1, 2008, 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:
(1) agrees to both: (a) register and participate in the federal work authorization program to verify information of all new employees; and (b) 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;
(2) employs 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 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 as strict or stricter than those in South Carolina, as determined by the Attorney General; or
(3) acknowledges, agrees, and warrants that he has complied, and shall at all times during the term of the contract comply in all respect with all federal immigration laws and regulations, to include the Immigration Reform and Control Act of 1986, as amended, has properly maintained and shall maintain at all times during the contract all records required by the United States Immigration and Customs and Enforcement agency, including, without limitation, the completion and maintenance of the federal Form I-9 for each of the contractor's employees.
(C) A public employer and contractor must not divide work or duties that would otherwise constitute a single contract into separate contracts for the purpose of avoiding the requirements of subsection (B).
(D) Subsection (B) applies as follows:
(1) on and after July 1, 2008, with respect to public employers, contractors, or subcontractors of five hundred or more employees;
(2) on and after July 1, 2009, with respect to public employers, contractors, or subcontractors of one hundred or more employees but less than five hundred employees; and
(3) on and after July 1, 2010, with respect to all other public employers, contractors, or subcontractors.
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 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.
Section 8-14-40. The director may 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 8-14-50. 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 8-14-60. A contractor 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 any individual not authorized for employment in the United States." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator RITCHIE argued contra to the adoption of the amendment.
Senator RITCHIE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson Cromer Fair Gregory Grooms Hawkins Hayes McConnell Peeler Ritchie Thomas Vaughn Verdin
Anderson Elliott Ford Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McGill Moore * O'Dell Patterson Rankin Reese Scott Setzler Sheheen Short Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RITCHIE argued contra to the adoption of the amendment.
Senator RITCHIE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson Cromer Fair Gregory Grooms Hawkins Hayes Martin McConnell McGill Peeler Ritchie Scott Thomas Vaughn Verdin
Anderson Elliott Ford Hutto Jackson Land Lourie Malloy O'Dell Patterson Rankin Reese Setzler Sheheen Short Williams
The amendment was laid on the table.
Senators VAUGHN and KNOTTS proposed the following Amendment No. P-4A (JUD0392.024), which was adopted:
Amend the committee report, as and if amended, page [392-17], after line 37, by adding an appropriately numbered SECTION after SECTION 13 to read:
/ SECTION ___. Section 16-23-30(A) of the 1976 Code is amended to read:
"(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:
(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;
(2) a person who is a member of a subversive organization;
(3) a person under the age of twenty-one, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or
(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.; or
(5) a person who is not a United States citizen or a lawful resident of the United States."
Amend the committee report further, as and if amended, page [392-17], after line 37, by adding an appropriately numbered SECTION after SECTION 13 to read:
/ SECTION __. Article 1 of Chapter 31 of Title 23 is amended by adding:
"Section 23-31-30. No one may purchase a rifle or shotgun in this State unless he is a United States citizen or a lawful resident of the United States." /
Amend the committee report further, as and if amended, page [392-17], after line 37, by adding an appropriately numbered SECTION after SECTION 13 to read:
/ SECTION ___. Section 23-31-140(A) of the 1976 Code is amended to read:
" (A) A person may not purchase a pistol from a dealer unless he is a resident of this State and a United States citizen or a lawful resident of the United States. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Motor Vehicles identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card." /
Amend the committee report further, as and if amended, page [392-17], after line 37, by adding an appropriately numbered SECTION after SECTION 13 to read:
/ SECTION ___. Section 23-31-150 of the 1976 Code is amended to read:
"The division shall grant a license to any person doing business in the State not ineligible to purchase, acquire, or possess a pistol or be licensed as a dealer under the provisions of this article. Licenses shall be issued on a form furnished by the division and be effective for two years from the date of issuance. Licensees shall be authorized to sell pistols at retail as dealers within this State subject to the following conditions, for breach of any of which the license shall be forfeited:
(a) The license or a copy thereof, authenticated by the issuing authority, shall at all times and places of sale be available for inspection or displayed where it can easily be read.
(b) No pistol shall knowingly be sold in violation of any provision of this article nor shall any pistol be sold without clear evidence as to the identity of the purchaser being furnished to the dealer.
(c) The fee for the issuance of such license shall be one hundred dollars and for renewal one hundred dollars every two years. The license fees shall be retained by the division for purposes of defraying the costs of administering the provisions of this article.
(d) Each applicant for a license shall post with the division a bond in favor of the State with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this State and conditioned that the principal named therein shall not do any act meriting suspension or revocation of his license under provisions of this article. In lieu of a bond, a cash deposit or a deposit of other securities acceptable to the division of a value of ten thousand dollars shall be accepted. Any person aggrieved by any act of the principal named in such bond may in an action against the principal or surety therein, or both, recover damages. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of such bond. The surety on the bond shall have the right to cancel such bond giving thirty days' notice to the division and thereafter shall be relieved of liability for any breach of condition after the effective date of the cancellation.
(e) In order to insure compliance with the provisions of this article, dealers shall make available for inspection by the chief of the division or his agents, during normal business hours, all pistols in their possession.
(f) Each applicant for a license shall furnish to the division a current federal firearms license and is required to maintain that federal firearms license in good standing as a condition of holding a retail dealer license issued under this section.
(g) A breach of any of the above conditions or violations of any provisions of this article by a dealer shall result in forfeiture of license, but the licensee is entitled to reasonable notice and proper hearing in the circuit court of the county in which he is licensed.
(h) No person may be granted a license under this subsection who is not a United States citizen or a lawful resident of the United States."/
Amend the committee report further, as and if amended, page [392-17], after line 37, by adding an appropriately numbered SECTION after SECTION 13 to read:
/ "SECTION ___. Section 23-31-370 of the 1976 Code is amended to read:
(a) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons: (1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or (2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie 'special effects'. In addition, the person must also be a United States citizen or a lawful resident of the United States.
(b) Applications for the special license authorized by this section must be on a form prescribed by the division, duly sworn to, containing the applicant's name, United States citizenship or lawful United States residency status, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the division considers necessary to implement this section.
(c) The division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under item (1) or (2) of subsection (a). The special license is valid for a specified period not to exceed six months which must be stated on the license.
(d) Any person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or who violates its terms, in addition to any other penalty provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than two years, or both." /
Renumber sections to conform.
Amend title to conform.
Senator VAUGHN explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. P-6 (JUD0392.021), which was adopted:
Amend the committee report, as and if amended, page [392-12], by striking SECTION 11, Section 23-2-1100, beginning on line 29 and inserting:
SECTION 11. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Verification of Nationality of Prisoners
Section 23-3-1100. (A) When any person charged with any 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 person so confined 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.
(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." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator KNOTTS moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the committee amendment, as amended.
The Committee on Judiciary proposed the following amendment (JUD0392.016), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:
/ 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:
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 Executive 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 Basic Pilot 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 thirty percent of the total cost of all labor or exceeds five percent of the total contract price. Service contract excludes: (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.
Section 8-14-20. (A) On or after July 1, 2008, 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:
(1) agrees to both: (a) register and participate in the federal work authorization program to verify information of all new employees; and (b) 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) agrees 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 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 as strict or stricter than 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 contract into separate contracts for the purpose of avoiding the requirements of subsection (B).
(D) Subsection (B) applies as follows:
(1) on and after July 1, 2008, with respect to public employers, contractors, or subcontractors of five hundred or more employees;
(2) on and after July 1, 2009, with respect to public employers, contractors, or subcontractors of one hundred or more employees but less than five hundred employees; and
(3) on and after July 1, 2010, with respect to all other public employers, contractors, or subcontractors.
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. The director may 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 8-14-50. 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 8-14-60. A contractor 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 any individual not authorized for employment in the United States."
SECTION 4. Title 8 of the 1976 Code is amended by adding:
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, 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. No training shall be scheduled or take place until full funding, to include funding to hire additional law enforcement officers necessary to implement the requirements of this subsection, is secured.
(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:
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) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(C) Verification of lawful presence under this section shall not be required:
(1) for any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;
(2) for assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the person involved and are not related to an organ transplant procedure;
(3) for short-term, noncash, in-kind emergency disaster relief;
(4) for 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) for programs, services, or assistance such as 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 and unreviewable 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 any 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 may be presumed to be proof of lawful presence for the purposes of this section.
(F) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this subsection, 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 that 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.
(G) 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.
(H) Agencies or political subdivisions of this State may adopt variations to the requirements of this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident 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. Each state agency or department that administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this section.
(J) Any and all errors and significant delays by SAVE shall 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 such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina."
SECTION 6. Title 8 of the 1976 Code is amended by adding:
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, federal work authorization or Basic Pilot 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 any 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 any individual hired by the taxpayer prior to January 1, 2009.
(E) This section shall not apply to any 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. When withholding in accordance with Form 1099:
(A) A withholding agent as defined in Section 12-8-10, shall be required to withhold state income tax at the rate of six percent of the amount of compensation paid to an individual that compensation is reported on Form 1099 and with respect to which the individual has:
(1) failed to provide a taxpayer identification number;
(2) failed to provide a correct taxpayer identification number; or
(3) provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.
(B) Any 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 such withholding agent is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of such form to the commissioner.
(C) A withholding agent must not be held liable for failing to withhold state income tax at a rate of six percent of the amount of compensation paid to an individual who provides a false or incorrect taxpayer identification number if the number provided is facially correct and the withholding agent does not know or should not have known based on reasonable investigation that the number provided is false or 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 shall be a felony for any person to transport, move, or attempt to transport within the State, or to solicit or conspire 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, in furtherance of the person's illegal presence in the United States.
(B) It shall be 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, in furtherance of the person's illegal presence in the United States.
(C) Any person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, shall 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 contendre 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."
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 contendre to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter to enable a person 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, or both, to the agency or political subdivision that administered the benefit or entitlement program. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.
(B) Any 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 financial identity fraud or identity fraud involving a matter described in (B) 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 deems 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."
SECTION 11. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Verification of Nationality of Prisoners
Section 23-3-1100. (A) When any person charged with a felony or with driving under the influence pursuant to Section 56-5-2930 et seq. 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 person so confined 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) 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.
(D) 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. Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-25. (A) The discharge of any United States citizen or other person authorized to work in the United States by an employer in this State is an unfair trade practice as defined in this chapter if the purpose for discharging the person is to replace that 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. The discharged employee shall have a private cause of action for the unfair trade practice.
(B) An employer must not be held liable under this subsection for employing a person not authorized to work in the United States if, prior to or at the time the person was hired, the employer was complying with the provisions of Sections 8-14-10 through 8-14-60."
SECTION 13. Title 40 of the 1976 Code is amended by adding:
Registration of Immigration Assistance Services
Section 40-83-10. This act shall be cited as the 'Registration of Immigration Assistance Services 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 any 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 any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
(E) 'Immigration matter' means any 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) Any person who provides or offers to provide immigration assistance service may 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 any other state or territory of the United States or in any 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) Any person performing such services shall obtain a license from the director and as may be required by a local governing authority.
(E) Any 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) Every 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, shall 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 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 such advertisement is by radio or television, the statement may be modified but must include substantially the same message.
(G) Any 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) No person engaged in providing immigration services who is not exempted under this chapter shall 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 to 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. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.
(K) 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."
SECTION 14. All requirements of this act concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.
SECTION 15. 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 that 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 16. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted, as amended.
The question then was the second reading of the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator FORD desired to be recorded as voting against the second reading of the Bill.
On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Raymond Brown of Hollywood, S.C.
At 5:01 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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