May 15, 2008


Confusion grows on immigration bills with time running out in legislative session

Legislators say informal talks this weekend are critical

By Tim Smith
STAFF WRITER

COLUMBIA -- After years of hearings and months of debate, the fate of immigration legislation in the state General Assembly may boil down to informal talks among legislators this weekend, some lawmakers said Thursday.

With nine legislative days left in the session, lawmakers are faced with the choice of new negotiations over a House plan rejected Wednesday by the Senate or debating a wholly new proposal by a Senate leader.

Some senators said they are willing to delay acting on a state budget if no immigration plan passes, while others said they may be willing to go home without passing an immigration bill if the only plan being offered has what they call constitutional problems

Sen. David Thomas, a Greenville County Republican, said Thursday he doesn’t plan to remove his objection to a new plan by Senate President Pro Tempore Glenn McConnell because he believes it has problems and would only make the public more confused about what is happening. Thomas placed his objection on the bill Wednesday, temporarily halting any consideration of the plan.

Meanwhile, many legislators, including some from the Upstate, said residents are tired of excuses and want something done.

"It’s a fluid state we find ourselves in," said Sen. Larry Martin of Pickens. "It might be gasoline."

Martin said legislators from both chambers are expected to talk this weekend in informal discussions about immigration in an effort to find some consensus.

"My view is this weekend is critical," he said. "If we could get 90 percent of a good bill, why would we walk away from that? I personally don’t think it’s acceptable to go home without an immigration bill. What happens this weekend, quite frankly, will set the stage for whether that is possible."

Martin said he doesn’t want extreme positions to harden with three calendar weeks still left in the session. As long as both chambers are talking, he said, there is still a chance for a bill to pass.

Both chambers moved Thursday to appoint three negotiators to work out differences on the bill the Senate rejected 26-20 on Wednesday.

However, both sides have accused the other’s latest bill of being fatally flawed.

It is the second conference committee to be appointed this year on the second attempt at immigration legislation between the two bodies. The first ended weeks ago in a stalemate of angry accusations and press releases.

McConnell has offered a third package, which he has touted as both a compromise and a tougher bill than anything now in use by any other state.

His plan would require private employers to verify the legal status of workers using a South Carolina driver’s license, a driver’s license from another state which uses documents approved by South Carolina, or the federal electronic database, known as E-verify.

Employers who fail to use one of the three methods but hold onto records submitted by the worker could be shielded from fines, a point that appeals to Democrats worried about farmers being unfairly sanctioned.

Those who intentionally and knowingly hire illegals would have their ability to operate in the state suspended, according to McConnell, ranging from 10 days for first offense to a permanent revocation on third offense.

However, Thomas said he believes the "good faith" provision is a loophole that renders the bill similar to the first Senate’s plan on verification, which would allow businesses to use the much-criticized federal I-9 form.

He said the licensure penalty would be hard to enforce and he disagrees with McConnell’s statements that such penalties would effectively shut a business down, since many businesses don’t carry professional licenses.

"Either we’ve got an E-verify system or we don’t," he said. "So if you create a third bill roaming around out there, isn’t this just an exercise in futility? To me it’s creating confusion. I don’t think it’s intentional on anyone’s part, but that’s the effect of it."

Thomas said a majority of the Senate can overcome his objection and put McConnell’s bill up for debate. But he said he would rather see the leadership of the House and Senate and Gov. Mark Sanford work out an agreement on something before debating yet another plan.

"Until some agreement can be worked out, why subject the public to false hope?" he asked.

He said without such a consensus, he is willing to end the session without any bill, let the public talk about it and start again in January.

Others disagreed.

"I’m hearing there are some folks who are willing to deny a state budget being passed until we have meaningful immigration reform," said Sen. Larry Grooms, a Berkeley County Republican. Grooms said if at least 16 senators hold that view, as well as the governor, "There won’t be a budget."

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