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  1. #1
    Senior Member Dixie's Avatar
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    State Immigration Enforcement Laws

    Attention all ALIPAC Activists

    These are the three state laws that you want to see passed in your state.

    These laws have the illegals leaving AZ, GA, and OK in droves.

    If you live in AZ, GA, or OK, please contact your state house and senate Reps to say thank you and to ask them to do more.

    If you live in other states, copy these laws and e-mail them to your state Reps with a note encouraging them to pass these laws in your state!

    TEXT OF BILLS

    Arizona
    The Legal Arizona Workers Act
    Support Our Law Enforcement and Safe Neighborhoods Act SB 1070 and Amendment

    Georgia
    Mississippi
    Oklahoma
    South Carolina


    National Conference of State Legislatures
    Immigrant Policy Project Annual Reports:



    The 2010 report:
    2010 Report – July 2010
    http://www.ncsl.org/default.aspx?TabId=20881


    The 2009 report:
    Report – Dec. 31, 2009
    http://www.ncsl.org/default.aspx?tabid=19232

    Summaries of all enacted laws and resolutions 2009
    http://www.ncsl.org/documents/immig/2009ImmigLaws.pdf

    * 2009 State laws are now available in a searchable database.
    http://www.ncsl.org/default.aspx?TabId=19209
    * 2009 State resolutions can be found in a separate chart.
    http://www.ncsl.org/documents/immig/200 ... utions.pdf

    The 2008 report:
    http://www.ncsl.org/print/immig/StateIm ... al2008.pdf
    http://www.ncsl.org/default.aspx?tabid=13058

    The 2007 report:
    http://www.alipac.us/ftopicp-526212.html#526212
    http://www.ncsl.org/programs/immig/2007 ... nfinal.htm
    http://www.ncsl.org/Default.aspx?TabId=13106

    The 2006 report:
    http://www.ncsl.org/programs/immig/6Imm ... Legis3.htm
    http://www.ncsl.org/Default.aspx?TabId=13137

    The 2005 report:
    http://www.ncsl.org/programs/immig/IMMI ... July06.htm
    http://www.ncsl.org/Default.aspx?TabId=13133

    States tacking impacts of illegal immigration in absence of federal action
    http://www.alipac.us/modules.php?name=F ... ic&t=76944

    State laws related to immigration have increased dramatically in recent years.
    In 2005, 300 bills were introduced; 38 laws were enacted and six vetoed.
    In 2006, activity doubled: 570 bills were introduced; 84 laws were enacted; and six were vetoed.
    In 2007, activity tripled: 1,562 bills were introduced; 240 laws were enacted; and 12 were vetoed.
    In 2008, 1,305 bills were considered; 206 were enacted; three were vetoed.
    In 2009,_____ bills were considered; 353 were enacted; 20 were vetoed.
    http://www.ncsl.org/default.aspx?tabid=19239

    Federal Programs

    E-Verify
    287(g)
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  2. #2
    Senior Member Dixie's Avatar
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    Georgia

    06 SB529/AP
    Senate Bill 529
    By: Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others
    AS PASSED
    AN ACT

    To amend Titles 13, 16, 35, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to contracts, crimes and offenses, law enforcement officers and agencies, penal institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for definitions; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide that the commissioner of public safety is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration laws and related activities; to provide for a definition; to provide for certain training; to provide for funding; to provide for certain authorized activities by certain peace officers; to provide for valid identification documents; to provide for exceptions; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for the comprehensive regulation of private immigration assistance services; to provide for a short title; to provide a statement of purpose and definitions; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for additional withholding requirements and procedures; to provide for exceptions; to provide for verification of lawful presence requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
    SECTION 1.
    This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.
    SECTION 2.
    Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows:
    "ARTICLE 3
    13-10-90.
    As used in this article, the term:
    (1) 'Commissioner' means the Commissioner of the Georgia Department of Labor.
    (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any 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), D.L. 99-603.
    (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state.
    (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
    13-10-91.
    (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.
    (b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees.
    (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees.
    (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
    (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees;
    (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and
    (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors.
    (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
    (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  3. #3
    Senior Member Dixie's Avatar
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    The Legal Arizona Workers Act
    H.B. 2779

    Conference Engrossed

    State of Arizona
    House of Representatives
    Forty-eighth Legislature
    First Regular Session
    2007


    HOUSE BILL 2779

    AN ACT

    amending section 13-2009, Arizona Revised Statutes; Amending Title 23, chapter 2, Arizona Revised Statutes, by adding article 2; making appropriations; relating to EMPLOYMENT.

    (TEXT OF BILL BEGINS ON NEXT PAGE)


    Be it enacted by the Legislature of the State of Arizona:

    Section 1. Section 13-2009, Arizona Revised Statutes, is amended to read:

    START_STATUTE13-2009. Aggravated taking identity of another person or entity; classification

    A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either:

    1. Five Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons' or entities' identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss.

    2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose and causes another person or entity to suffer an economic loss of three thousand dollars or more.

    3. Another person, including a real or fictitious person, with the intent to obtain employment.

    B. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of five three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the five three or more other persons or entities was possessed for an unlawful purpose.

    C. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.

    D. Aggravated taking the identity of another person or entity is a class 3 felony. END_STATUTE

    Sec. 2. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 2, to read:

    ARTICLE 2. EMPLOYMENT OF UNAUTHORIZED ALIENS

    START_STATUTE23-211. Definitions

    In this article, unless the context otherwise requires:

    1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state.

    2. "Basic pilot program" means the basic employment verification pilot program as jointly administered by the United States department of homeland security and the social security administration or its successor program.

    3. "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and employer.

    4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more individuals who perform employment services in this state. Employer includes this state, any political subdivision of this state and self-employed persons.

    5. "Intentionally" has the same meaning prescribed in section 13-105.

    6. "Knowingly employ an unauthorized alien" means the actions described in 8 united states code section 1324a. This term shall be interpreted consistently with 8 United States Code Section 1324a and any applicable federal rules and regulations.

    7. "License":

    (a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.

    (b) Includes:

    (i) Articles of incorporation under title 10.

    (ii) A certificate of partnership, a partnership registration or articles of organization under title 29.

    (iii) A grant of authority issued under title 10, chapter 15.

    (iv) Any transaction privilege tax license.

    (c) Does not include:

    (i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles.

    (ii) Any professional license.

    8. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3)END_STATUTE.

    START_STATUTE23-212. Employment of unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation

    A. An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.

    B. On receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien or knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.

    C. If, after an investigation, the attorney general or county attorney determines that the complaint is not frivolous:

    1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien.

    2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien.

    3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection d if the complaint was originally filed with the attorney general.

    D. An action for a violation of subsection A shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is employed. The county attorney shall not bring an action against any employer for any violation of subsection A that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is employed by the employer after an action has been brought for a violation of subsection A.

    E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

    F. On a finding of a violation of subsection A:

    1. For a first violation during a three year period that is a knowing violation of subsection A, the court:

    (a) Shall order the employer to terminate the employment of all unauthorized aliens.

    (b) Shall Order the employer to be subject to a three year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.

    (c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies for the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.

    (d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

    (i) The number of unauthorized aliens employed by the employer.

    (ii) Any prior misconduct by the employer.

    (iii) The degree of harm resulting from the violation.

    (iv) Whether the employer made good faith efforts to comply with any applicable requirements.

    (v) The duration of the violation.

    (vi) The role of the directors, officers or principals of the employer in the violation.

    (vii) Any other factors the court deems appropriate.

    2. For a first violation during a five year period that is an intentional violation of subsection A, the court shall:

    (a) Order the employer to terminate the employment of all unauthorized aliens.

    (b) Order the employer to be subject to a five year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.

    (c) Order the appropriate agencies to suspend all licenses, described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

    (i) The number of unauthorized aliens employed by the employer.

    (ii) Any prior misconduct by the employer.

    (iii) The degree of harm resulting from the violation.

    (iv) Whether the employer made good faith efforts to comply with any applicable requirements.

    (v) The duration of the violation.

    (vi) The role of the directors, officers or principals of the employer in the violation.

    (vii) Any other factors the court deems appropriate.

    (d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.

    3. For a second violation of subsection A during the period of probation, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.

    G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F and shall maintain a database of the employers who have a first violation of subsection A and make the court orders available on the attorney general's website.

    H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).

    I. For the purposes of this section, proof of verifying the employment authorization of an employee through the basic pilot program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.

    J. For the purposes of this section, an employer who establishes that it has complied in good faith with the requirements of 8 United States Code section 1324b establishes an affirmative defense that the employer did not intentionally or knowingly employ an unauthorized alien. END_STATUTE

    START_STATUTE23-213. Employer actions; federal or state law compliance

    This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law. END_STATUTE

    START_STATUTE23-214. Verification of employment eligibility; basic pilot program

    After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the basic pilot program. END_STATUTE

    Sec. 3. Employer notice

    On or before October 1, 2007, the department of revenue shall provide a notice to every employer that is required to withhold tax pursuant to title 43, chapter 4, Arizona Revised Statutes. The notice shall explain the requirements of title 23, chapter 2, article 2, Arizona Revised Statutes, as added by this act, including the following:

    1. A new state law prohibits employers from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien.

    2. For a first violation of this new state law during a three year period that is a knowing violation, the court will order the appropriate licensing agencies to suspend all licenses held by the employer unless the employer files a signed sworn affidavit with the county attorney within three business days. The filed affidavit must state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. A license that is suspended will remain suspended until the employer files a signed sworn affidavit with the county attorney. A copy of the court order will be made available on the attorney general’s website.

    3. For a first violation of this new state law during a five year period that is an intentional violation, the court will order the appropriate licensing agencies to suspend all licenses held by the employer for a minimum of ten days. The employer must file a signed sworn affidavit with the county attorney. The filed affidavit must state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. A license that is suspended will remain suspended until the employer files a signed sworn affidavit with the county attorney. A copy of the court order will be made available on the attorney general's website.

    4. For a second violation of this new state law, the court will order the appropriate licensing agencies to permanently revoke all licenses that are held by the employer.

    5. Proof of verifying the employment authorization of an employee through the basic pilot program, as defined in section 23-211, Arizona Revised Statutes, as added by this act, will create a rebuttable presumption that an employer did not violate the new state law.

    6. After December 31, 2007, every employer, after hiring an employee, is required to verify the employment eligibility of the employee through the basic pilot program, as defined in section 23-211, Arizona Revised Statutes, as added by this act.

    7. Instructions for the employer on how to enroll in the basic pilot program, as defined in section 23-211, Arizona Revised Statutes, as added by this act.

    Sec. 4. Employer sanctions legislative study committee

    A. The employer sanctions legislative study committee is established consisting of the following members:

    1. Three members of the senate who are appointed by the president of the senate, not more than two of whom shall be members of the same political party. The president of the senate shall designate one of these members to co-chair the committee.

    2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom shall be members of the same political party. The speaker of the house of representatives shall designate one of these members to co-chair the committee.

    3. A citizen of Arizona appointed by the president of the senate who owns a business in Arizona with no more than 30 employees.

    4. A citizen of Arizona appointed by the speaker of the house of representatives who owns a business in Arizona with more than 30 employees.

    B. The Committee shall:

    1. Examine the laws and regulations pertaining to employers sanctions in Arizona.

    2. Examine the effects of these laws and whether such laws are being properly implemented.

    3. Examine if these laws are being applied to all businesses in Arizona in a fair manner.

    4. Examine if the complaint process is being implemented in a fair and just manner.

    5. Submit a report of its findings and recommendations to the governor, the president of the senate and speaker of the house of representatives on or before December 31, 2008 and submit a copy of its report to the secretary of state and the director of the Arizona state, library archives and public records.

    C. Committee members are not eligible to receive compensation or reimbursement of expenses.

    Sec. 5. Severability

    If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

    Sec. 6. Short title

    This act shall be known as and may be cited as the "Legal Arizona Workers Act."

    Sec. 7. Appropriation; attorney general enforcement; exemption

    A. The sum of $100,000 is appropriated from the state general fund in fiscal year 2007-2008 to the attorney general for the purpose of enforcing any immigration related matters and section 23-212, Arizona Revised Statutes, as added by this act.

    B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

    Sec. 8. Appropriation; county attorney enforcement; department of revenue; employer notice; exemption

    A. The sum of $2,430,000 is appropriated from the state general fund in fiscal year 2007-2008 to the department of administration to be distributed to the county attorneys in this state for the purpose of enforcing any immigration related matters and section 23-212, Arizona Revised Statutes, as added by this act. The department of administration shall distribute these monies to each county attorney as follows:

    1. $1,430,000 to each county attorney of a county in this state having a population of one million five hundred thousand or more persons.

    2. $500,000 to each county attorney of a county in this state having a population of eight hundred thousand or more persons but less than one million five hundred thousand persons.

    3. The remainder of monies to be distributed as equally as possible to each county attorney of counties in this state having a population of less than five hundred thousand persons.

    B. The sum of $70,000 is appropriated from the state general fund in fiscal year 2007-2008 to the department of revenue for the purposes prescribed in section 3 of this act.

    C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

    Sec. 9. Delayed repeal

    Section 4 as added by this act is repealed from and after January 1, 2009.

    http://www.azleg.gov/FormatDocument.asp ... b2779c.htm
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  4. #4
    Senior Member Dixie's Avatar
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    Taxpayer and Citizen Protection Act
    HB 1804
    Nov. 2007

    APPROVED BY GOV 5/8/2007
    Illegal immigration-Create the Taxpayer and Citizen Protection Act of 2007

    ENGROSSED HOUSE
    BILL NO. 1804
    By: Terrill, Sullivan, Key, Duncan, Banz, Coody, Cooksey, Dank, Derby, Faught, Hickman, Inman, Johnson (Rob), Kern Liebmann, Martin (Scott), Martin (Steve), McCullough, McDaniel (Randy), Murphey, Peterson (Ron), Proctor, Sears, Tibbs and Worthen of the House

    and

    Williamson, Sykes, Corn and Ivester of the Senate


    An Act relating to illegal immigration; creating the Oklahoma Taxpayer and Citizen Protection Act of 2007; stating legislative purpose; making certain acts unlawful; providing penalties; amending 21 O.S. 2001, Section 1550.42, which relates to identification documentation; requiring issuance of identification documents to certain persons; providing exceptions; stating period of validity; providing for renewal under certain circumstances; providing presumption of validity for renewal, duplication or reissuance of driver license; requiring determination of citizenship status for persons charged with certain crime; requiring verification of persons determined to be a foreign national; providing time limitation for verification; requiring notification to certain entities; providing rebuttable presumption that certain persons are a flight risk; defining terms; requiring participation in certain verification system; prohibiting certain persons from entering into contracts; providing an exception; providing for cause of action under certain circumstances; providing liability provisions for employing entities found to have violated certain prohibited act; providing exemption from liability; requiring certain agency to promulgate certain rules and regulations; requiring agencies and political subdivisions to verify lawful presence of persons applying for certain benefits; providing for nondiscriminatory treatment; excluding verification under certain circumstances; requiring execution of affidavit; requiring certain applicant to receive benefits through the Systematic Alien Verification of Entitlement Program; making certain actions subject to certain criminal penalties; authorizing adoption of variations to stated requirements; requiring certain entities to submit an annual compliance report; requiring certain entities to monitor certain program; requiring publication of annual report and certain recommendations; requiring certain entities to submit a report of errors to certain agency; requiring the withholding of percentage of state income tax under certain circumstances; providing for tax liability for noncompliance; providing an exception; directing Attorney General to negotiate terms of certain memorandum; requiring certain signatures; prohibiting certain actions by government entities; authorizing private right of action under certain circumstances; providing that certain persons shall not be eligible for postsecondary education benefits or resident tuition; establishing the Fraudulent Documents Identification Unit within the Oklahoma State Bureau of Investigation subject to availability of funding; stating purpose; stating duties; providing for employment of sufficient employees; repealing Section 1, Chapter 210, O.S.L. 2003 (70 O.S. Supp. 2006, Section 3242), which relates to eligibility for enrollment and resident tuition; providing for codification; providing for noncodification; and providing an effective date.



    BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
    This act shall be known and may be cited as the “Oklahoma Taxpayer and Citizen Protection Act of 2007
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  5. #5
    Senior Member Dixie's Avatar
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    Mississippi SB2988 EMPLOYMENT PROTECTION ACT

    MISSISSIPPI LEGISLATURE

    2008 Regular Session

    To: Judiciary, Division A

    By: Senator(s) Watson, McDaniel, Yancey

    Senate Bill 2988
    (As Sent to Governor)
    AN ACT TO CREATE THE MISSISSIPPI EMPLOYMENT PROTECTION ACT; TO PROVIDE PROCEDURES FOR NEWLY HIRED EMPLOYEES AND THEIR EMPLOYERS; TO ENACT DEFINITIONS; TO REQUIRE EMPLOYEE VERIFICATION; TO PROVIDE EMPLOYER LIABILITY; TO SET UP EMPLOYER-EMPLOYEE PROGRAMS; TO MAKE PROVISIONS FOR THIRD-PARTY EMPLOYERS; TO DEFER TO FEDERAL LAW IN STATE LAW; TO ENACT EXEMPTIONS; TO DESIGNATE ENFORCEMENT DUTIES UNDER THE ACT; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

    SECTION 1. The Legislature finds that when illegal immigrants have been sheltered and harbored in this state and encouraged to reside in this state through the benefit of work without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Mississippi. The Legislature further finds that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. The Legislature further finds that the Tenth Amendment to the United States Constitution reserves to the states those powers not delegated to the United States by the Constitution. Therefore, the Legislature declares that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The Legislature also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

    SECTION 2. (1) This act shall be known as the "Mississippi Employment Protection Act."

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

    (3) For the purpose of this section only, the following words shall have the meanings ascribed herein unless the content clearly states otherwise:

    (a) "Employer" is any person or business that is required by federal or state law to issue a United States Internal Revenue Service Form W-2 or Form 1099 to report income paid to employed or contracted personnel in Mississippi.

    (b) "Employee" is any person or entity that is hired to perform work within the State of Mississippi and to whom a United States Internal Revenue Service Form W-2 or Form 1099 must be issued.

    (c) "Third-party employer" is any person or company that provides workers for another person or company. This includes, but is not limited to, leasing companies and contract employers.

    (d) "Status verification system" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a); 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program.

    (e) "Unauthorized alien" means an alien as defined in Section 1324a(h)(3) of Title 8 of the United States Code.

    (f) "Public employer" means every department, agency or instrumentality of the state or a political subdivision of the state.

    (g) "Subcontractor" means a subcontractor, contract employee, staffing agency or any contractor regardless of its tier.

    (4) (a) Employers in the State of Mississippi shall only hire employees who are legal citizens of the United States of America or are legal aliens. For purposes of this section, a legal alien is an individual who was lawfully present in the United States at the time of employment and for the duration of employment, or was permanently residing in the United States under color of law at the time of employment and for the duration of employment.

    (b) (i) Every employer shall register with and utilize the status verification system to verify the federal employment authorization status of all newly hired employees.

    (ii) No contractor or subcontractor shall hire any employee unless the contractor or subcontractor registers and participates in the status verification system to verify the work eligibility status of all newly hired employees.

    (iii) No contractor or subcontractor who enters into a contract with a public employer shall enter into such a contract or subcontract unless the contractor or subcontractor registers and participates in the status verification system to verify information of all newly hired employees.

    (c) The provision of this section shall not apply to any contracts entered into on or before July 1, 2008.

    (d) It shall be a discriminatory practice for an employer to discharge an employee working in Mississippi who is a United States citizen or permanent resident alien while retaining an employee who the employing entity knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2008, and who is working in Mississippi in a job category that requires equal skill, effort and responsibility, and which is performed under similar working conditions, as defined by 29 USC, Section 206(d)(1), as the job category held by the discharged employee.

    (e) An employing entity which, on the date of the discharge in question, was enrolled in and used the status verification system to verify the employment eligibility of its employees in Mississippi hired after July 1, 2008, shall be exempt from liability, investigation or suit arising from any action under this section.

    (f) No cause of action for a violation of this section shall lie under any other Mississippi law but shall arise solely from the provisions of this section.

    (5) Any employer that complies with the requirements of this section shall be held harmless by the Mississippi Department of Employment Security, provided the employer is not directly involved in the creation of any false documents, and provided that the employer did not knowingly and willfully accept false documents from the employee.

    (6) (a) All third-party employers that conduct business in Mississippi shall register to do business in Mississippi with the Mississippi Department of Employment Security before placing employees into the workforce in Mississippi.

    (b) Third-party employers shall provide proof of registration and any participation in the status verification system to any Mississippi employer with whom they do business.

    (7) (a) State of Mississippi agencies and political subdivisions, public contractors and public subcontractors and private employers with two hundred fifty (250) or more employees shall meet verification requirements not later than July 1, 2008.

    (b) Employers with at least one hundred (100) but less than two hundred fifty (250) employees shall meet verification requirements not later than July 1, 2009.

    (c) Employers with at least thirty (30) but less than one hundred (100) employees shall meet verification requirements not later than July 1, 2010.

    (d) All employers shall meet verification requirements not later than July 1, 2011.

    (e) (i) Any employer violating the provisions of this section shall be subject to the cancellation of any state or public contract, resulting in ineligibility for any state or public contract for up to three (3) years, the loss of any license, permit, certificate or other document granted to the employer by any agency, department or government entity in the State of Mississippi for the right to do business in Mississippi for up to one (1) year, or both.

    (ii) The contractor or employer shall be liable for any additional costs incurred by the agencies and institutions of the State of Mississippi, or any of its political subdivisions, because of the cancellation of the contract or the loss of any license or permit to do business in the state.

    (iii) Any person or entity penalized under this section shall have the right to appeal to the appropriate entity bringing charges or to the circuit court of competent jurisdiction.

    (f) The Department of Employment Security, State Tax commission, Secretary of State, Department of Human Services and the Attorney General shall have the authority to seek penalties under this section and to bring charges for noncompliance against any employer or employee.

    (8) (a) There shall be no liability under this section in the following circumstances:

    (i) An employer who hires an employee through a state or federal work program that requires verification of the employee's social security number and provides for verification of the employee's lawful presence in the United States in an employment-authorized immigration status;

    (ii) Any candidate for employment referred by the Mississippi Department of Employment Security, if the Mississippi Department of Employment Security has verified the social security number and provides for verification of the candidate's lawful presence in the United States in an employment-authorized immigration status; or

    (iii) Individual homeowners who hire workers on their private property for noncommercial purposes, unless required by federal law to do so.

    (b) (i) Compliance with the sections of this statute shall not exempt the employer from regulations and requirements related to any federal laws or procedures related to employers.

    (ii) This section shall not be construed as an attempt to preempt federal law.

    (c) (i) It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment during the period which the unauthorized employment occurred. Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both.

    (ii) For purposes of determining bail for persons who are charged under this section, it shall be a rebuttable presumption that a defendant who has entered and remains in the United States unlawfully is deemed at risk of flight for purposes of bail determination.

    SECTION 3. This act shall take effect and be in force from and after July 1, 2008, for all state agencies, departments, and political subdivisions, all employers who have contracts with the State of Mississippi, or with its departments, agencies, political subdivisions, all third-party employers, and any person or company using a third-party employer.

    This act shall take effect and be in force from and after January 1, 2009, for all other employers who do business in Mississippi.
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  6. #6
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    South Carolina

    South Carolina General Assembly
    117th Session, 2007-2008
    Download This Bill in Microsoft Word format

    Indicates Matter Stricken
    Indicates New Matter

    R327, H4400

    STATUS INFORMATION

    General Bill
    Sponsors: Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E.H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J.R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G.M. Smith, G.R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge
    Document Path: l:\council\bills\agm\18930mm08.doc
    Companion/Similar bill(s): 3149, 4117, 4119

    Introduced in the House on January 9, 2008
    Introduced in the Senate on February 5, 2008
    Last Amended on May 27, 2008
    Passed by the General Assembly on May 29, 2008

    Summary: Illegal aliens

    HISTORY OF LEGISLATIVE ACTIONS


    Date Body Action Description with journal page number
    -------------------------------------------------------------------------------
    1/9/2008 House Introduced and read first time HJ-13
    1/9/2008 House Referred to Committee on Judiciary HJ-16
    1/22/2008 House Member(s) request name added as sponsor: Duncan
    1/23/2008 House Member(s) request name added as sponsor: Owens
    1/23/2008 House Committee report: Favorable with amendment Judiciary HJ-4
    1/24/2008 House Member(s) request name added as sponsor: Mulvaney
    1/29/2008 House Member(s) request name added as sponsor: White
    1/29/2008 House Debate adjourned until Wednesday, January 30, 2008 HJ-19
    1/30/2008 House Member(s) request name added as sponsor: Loftis, Edge
    1/30/2008 House Requests for debate-Rep(s). Cobb-Hunter, Sellers, Ott,
    JH Neal, MA Pitts, Vick, Hosey, Williams, Shoopman,
    Bedingfield, Viers, Hamilton, Hodges, and Frye HJ-17
    1/30/2008 House Amended HJ-39
    1/30/2008 House Read second time HJ-76
    1/30/2008 House Roll call Yeas-89 Nays-23 HJ-76
    1/31/2008 House Read third time and sent to Senate HJ-51
    1/31/2008 House Roll call Yeas-80 Nays-13 HJ-56
    2/4/2008 Scrivener's error corrected
    2/5/2008 Senate Introduced and read first time SJ-17
    2/5/2008 Senate Referred to Committee on Judiciary SJ-17
    2/11/2008 Senate Referred to Subcommittee: Ritchie (ch), Sheheen,
    Campsen, Scott, Williams, Vaughn
    5/7/2008 Senate Recalled from Committee on Judiciary SJ-18
    5/22/2008 Senate Special order, set for May 22, 2008 SJ-102
    5/27/2008 Senate Amended SJ-35
    5/27/2008 Senate Read second time SJ-35
    5/28/2008 Senate Read third time and returned to House with amendments
    SJ-124
    5/29/2008 House Concurred in Senate amendment and enrolled HJ-121
    5/29/2008 House Roll call Yeas-94 Nays-16 HJ-130
    5/29/2008 Ratified R 327

    View the latest legislative information at the LPITS web site

    VERSIONS OF THIS BILL

    1/9/2008
    1/23/2008
    1/30/2008
    2/4/2008
    5/7/2008
    5/27/2008
    5/28/2008



    (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
    NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

    (R327, H4400)

    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT; TO AMEND SECTION 1-31-40, RELATING TO DUTIES OF THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO REQUIRE THE COMMISSION TO ESTABLISH AND MAINTAIN A HOTLINE FOR REPORTING IMMIGRATION VIOLATIONS; TO ADD CHAPTER 14 TO TITLE 8 SO AS TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR USE CERTAIN DOCUMENTS TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR OTHERWISE VERIFY EMPLOYEES, TO DEFINE TERMS, TO ESTABLISH DEADLINES FOR COMPLIANCE BY PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO ADD SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, A COUNTY SHERIFF, OR THE GOVERNING BODY OF A MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO ADD CHAPTER 29 TO TITLE 8 SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT IS UNLAWFUL FOR A STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD CHAPTER 30 TO TITLE 8 SO AS TO ESTABLISH A DATABASE AND HOTLINE FOR REPORTING ALLEGATIONS OF VIOLATIONS OF ANY LAW BY A NONRESIDENT; TO ADD SECTION 12-6-1175 SO AS TO PROHIBIT WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE EACH YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION AND TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SEVEN PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PRODUCE A TAXPAYER IDENTIFICATION NUMBER, OR A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PRODUCED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460 SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE A PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, PROVIDE PENALTIES FOR A CONVICTION FOR THAT CRIME, AND PROVIDE EXEMPTIONS; TO ADD SECTION 16-13-525 SO AS TO PROVIDE FOR DISGORGEMENT OF ILLEGALLY RECEIVED BENEFITS AND FOR PERSONAL LIABILITY FOR IDENTITY THEFT IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; TO ADD SECTION 23-3-1100 SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE THE VERIFICATION WITHIN SEVENTY-TWO HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 41-1-30 SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHOM THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND PROVIDE EXEMPTIONS; TO ADD CHAPTER 83 TO TITLE 40 SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, PROVIDE DEFINITIONS, LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE "NOTARY PUBLIC", OR "IMMIGRATION CONSULTANT", OR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO STATE GRAND JURY JURISDICTION, SO AS TO INCLUDE CASES INVOLVING ILLEGAL ACTS IN FURTHERANCE OF UNLAWFUL PRESENCE IN THE STATE; TO ADD SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL FOR ONE UNLAWFULLY PRESENT TO POSSESS OR TRANSFER A FIREARM; TO AMEND SECTION 17-15-30, AS AMENDED, RELATING TO CONDITIONS FOR GRANTING RELEASE, SO AS TO INCLUDE CONSIDERATION BY THE COURT OF UNLAWFUL PRESENCE IN THIS STATE WHEN GRANTING BOND; TO ADD SECTION 59-101-430 SO AS TO PROHIBIT A PERSON NOT LAWFULLY IN THIS STATE FROM ATTENDING, OR RECEIVING FINANCIAL AID TO ATTEND, A PUBLIC INSTITUTION OF HIGHER LEARNING; TO ADD SECTION 6-1-170 SO AS TO PREEMPT LOCAL LAWS IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; AND TO ADD CHAPTER 8 TO TITLE 41 SO AS TO REQUIRE PRIVATE EMPLOYERS IN THIS STATE TO VERIFY THE LAWFUL PRESENCE OF THEIR EMPLOYEES, TO PROVIDE FOR LICENSING AND INVESTIGATION BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION AND ENFORCEMENT BY THE DEPARTMENT, TO REQUIRE ASSISTANCE AND ACCESS FOR EMPLOYERS FROM THE EMPLOYMENT SECURITY COMMISSION, AND TO PROVIDE FOR ADMINISTRATIVE PENALTIES FOR VIOLATIONS.

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

    South Carolina Illegal Immigration Reform Act

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

    Powers and duties of Commission for Minority Affairs

    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;

    ( 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;

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

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

    Unauthorized aliens and public employment

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


    "CHAPTER 14

    Unauthorized Aliens and Public Employment
    Section 8-14-10. (A) As used in this chapter, 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. A contractor may also be a private employer.

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

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

    (4) 'Federal work authorization program' means the E-Verify Program maintained and operated by the United States Department of Homeland Security and the Social Security Administration, or any successor program.

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

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

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

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

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

    (7) 'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor. A subcontractor may also be a private employer.

    ( 'Sub-subcontractor' means any person having a services contract with a subcontractor. A sub-subcontractor may also be a private employer.

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

    Section 8-14-20. (A) On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify the employment authorization of all new employees.

    (B) A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

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

    (2) to employ only workers who:

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

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

    (c) possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Executive Director of the South Carolina Department of Motor Vehicles, or his designee. The Executive Director of the South Carolina Department of Motor Vehicles, or his designee, shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina.

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

    (D) Subsection (B) applies as follows:

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

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

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

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

    Section 8-14-30. The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this chapter 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 chapter for any contract governed by that procurement ordinance.

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

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

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

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

    Section 8-14-80. Except as otherwise provided in this chapter, the director shall prescribe all forms and promulgate regulations necessary for the application of this chapter 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 8-14-90. Except as otherwise provided in this chapter, the director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this chapter to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

    Memorandum of understanding

    SECTION 4. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

    "Section 23-3-80. (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 addressing:

    (1) the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law or program designed for the purpose of state enforcement of federal immigration laws;

    (2) the detention of unlawful aliens by state and local law enforcement officials and the costs associated with those detentions;

    (3) the removal of detained unlawful aliens by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;

    (4) training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal law or program and the costs of such training; and

    (5) further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement, pursuant to 8 U.S.C. Section 1357(g).

    (B) The memorandum of understanding negotiated pursuant to subsection (A) must 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). The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

    (D) The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a 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."

    Verification of lawful presence

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


    "CHAPTER 29

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

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

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

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

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

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

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

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

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

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

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

    (6) prenatal care;

    (7) 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;

    ( 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; or

    (9) benefits and refunds lawfully due from the South Carolina Retirement Systems pursuant to Title 9 of the South Carolina Code of Laws to members of the Retirement Systems and their beneficiaries.

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

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

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

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

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

    (G) Persons convicted of a violation of this section are jointly and severally liable for a 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 must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

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

    (J) All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor the state's participation in the SAVE program and its verification of 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.

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

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

    Immigration law violations

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


    "CHAPTER 30

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

    (B) The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter, including, but not limited to the United States Bureau of Immigration and Customs Enforcement, consistent with 8 U.S.C. Section 1373.

    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."

    Business expense deduction disallowed

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

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

    (1) 'Unauthorized alien' means an unauthorized alien as defined by 8 U.S.C. Section 1324A(b)(3).

    (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 if the individual is an unauthorized alien. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

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

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

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

    (F) This section shall not apply to wages or remuneration paid for labor services to any individual whose employment authorization status was verified in accordance with the provisions of Section 41-8-20.

    (G) A taxpayer must not 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 an unauthorized alien. 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 director of the Department of Revenue shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

    Withholding of income tax required

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

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

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

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

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

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

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

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

    Furthering illegal entry or avoidance of detection

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

    "Section 16-9-460. (A) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

    (B) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

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

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

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

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

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

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

    Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.

    (F) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section."

    Financial identity fraud by false documents

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

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

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

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

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

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

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

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

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

    (F) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify any alien's status with the federal government in accordance with 8 U.S.C. Section 1373(c)."

    Verification of nationality of prisoners

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


    "Article 13

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

    (B) If the prisoner is an alien, the keeper of the jail or other officer must make a reasonable effort to verify whether the prisoner has been lawfully admitted to the United States or if the prisoner is unlawfully present in the United States. 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 to be an alien unlawfully present in 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 an alien unlawfully present in the United States and must forward an invoice to the Department of Homeland Security for these expenses.

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

    (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.

    (F) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify an alien's status with the federal government in accordance with 8 U.S.C. Section 1373(c)."

    Wrongful discharge of authorized worker

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

    "Section 41-1-30. (A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien.

    (B) An aggrieved employee must show all of the following:

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

    (b) the replacement worker was an unauthorized alien at the time of the replacement;

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

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

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

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

    (1) reinstatement to his former position;

    (2) actual damages; and

    (3) lost wages.

    (E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.

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

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

    (H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions Chapter 8 of Title 41.

    (I) This section takes effect ninety days after the effective date of the act."

    Registration of immigration assistance services

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


    "CHAPTER 83

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

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

    (A) 'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

    (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;

    ( 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 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) This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law.

    (D) A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, 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 who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

    (H) A person engaged in providing immigration services who is not exempted under this chapter may not:

    (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 is a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

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

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

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

    State grand jury jurisdiction

    SECTION 14. Section 14-7-1630(A)( and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

    "( 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;

    (9) a crime involving the knowing and willful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined in Section 43-5-1410, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

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

    (11) a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-91-40, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars; and

    (12) a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Hea
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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    THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT

    South Carolina General Assembly
    117th Session, 2007-2008

    A280, R327, H4400
    Governor's Action: June 4, 2008, Signed

    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT; TO AMEND SECTION 1-31-40, RELATING TO DUTIES OF THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO REQUIRE THE COMMISSION TO ESTABLISH AND MAINTAIN A HOTLINE FOR REPORTING IMMIGRATION VIOLATIONS; TO ADD CHAPTER 14 TO TITLE 8 SO AS TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR USE CERTAIN DOCUMENTS TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR OTHERWISE VERIFY EMPLOYEES, TO DEFINE TERMS, TO ESTABLISH DEADLINES FOR COMPLIANCE BY PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO ADD SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, A COUNTY SHERIFF, OR THE GOVERNING BODY OF A MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO ADD CHAPTER 29 TO TITLE 8 SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT IS UNLAWFUL FOR A STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD CHAPTER 30 TO TITLE 8 SO AS TO ESTABLISH A DATABASE AND HOTLINE FOR REPORTING ALLEGATIONS OF VIOLATIONS OF ANY LAW BY A NONRESIDENT; TO ADD SECTION 12-6-1175 SO AS TO PROHIBIT WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE EACH YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION AND TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SEVEN PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PRODUCE A TAXPAYER IDENTIFICATION NUMBER, OR A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PRODUCED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460 SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE A PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, PROVIDE PENALTIES FOR A CONVICTION FOR THAT CRIME, AND PROVIDE EXEMPTIONS; TO ADD SECTION 16-13-525 SO AS TO PROVIDE FOR DISGORGEMENT OF ILLEGALLY RECEIVED BENEFITS AND FOR PERSONAL LIABILITY FOR IDENTITY THEFT IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; TO ADD SECTION 23-3-1100 SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE THE VERIFICATION WITHIN SEVENTY-TWO HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 41-1-30 SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHOM THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND PROVIDE EXEMPTIONS; TO ADD CHAPTER 83 TO TITLE 40 SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, PROVIDE DEFINITIONS, LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE "NOTARY PUBLIC", OR "IMMIGRATION CONSULTANT", OR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO STATE GRAND JURY JURISDICTION, SO AS TO INCLUDE CASES INVOLVING ILLEGAL ACTS IN FURTHERANCE OF UNLAWFUL PRESENCE IN THE STATE; TO ADD SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL FOR ONE UNLAWFULLY PRESENT TO POSSESS OR TRANSFER A FIREARM; TO AMEND SECTION 17-15-30, AS AMENDED, RELATING TO CONDITIONS FOR GRANTING RELEASE, SO AS TO INCLUDE CONSIDERATION BY THE COURT OF UNLAWFUL PRESENCE IN THIS STATE WHEN GRANTING BOND; TO ADD SECTION 59-101-430 SO AS TO PROHIBIT A PERSON NOT LAWFULLY IN THIS STATE FROM ATTENDING, OR RECEIVING FINANCIAL AID TO ATTEND, A PUBLIC INSTITUTION OF HIGHER LEARNING; TO ADD SECTION 6-1-170 SO AS TO PREEMPT LOCAL LAWS IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; AND TO ADD CHAPTER 8 TO TITLE 41 SO AS TO REQUIRE PRIVATE EMPLOYERS IN THIS STATE TO VERIFY THE LAWFUL PRESENCE OF THEIR EMPLOYEES, TO PROVIDE FOR LICENSING AND INVESTIGATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND ENFORCEMENT BY THE DEPARTMENT, TO REQUIRE ASSISTANCE AND ACCESS FOR EMPLOYERS FROM THE EMPLOYMENT SECURITY COMMISSION, AND TO PROVIDE FOR ADMINISTRATIVE PENALTIES FOR VIOLATIONS.

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

    South Carolina Illegal Immigration Reform Act

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

    Powers and duties of Commission for Minority Affairs

    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;

    ( 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;

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

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

    Unauthorized aliens and public employment

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

    "CHAPTER 14

    Unauthorized Aliens and Public Employment

    Section 8-14-10. (A) As used in this chapter, 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. A contractor may also be a private employer.

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

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

    (4) 'Federal work authorization program' means the E-Verify Program maintained and operated by the United States Department of Homeland Security and the Social Security Administration, or any successor program.

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

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

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

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

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

    (7) 'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor. A subcontractor may also be a private employer.

    ( 'Sub-subcontractor' means any person having a services contract with a subcontractor. A sub-subcontractor may also be a private employer.

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

    Section 8-14-20. (A) On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify the employment authorization of all new employees.

    (B) A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

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

    (2) to employ only workers who:

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

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

    (c) possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Executive Director of the South Carolina Department of Motor Vehicles, or his designee. The Executive Director of the South Carolina Department of Motor Vehicles, or his designee, shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina.

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

    (D) Subsection (B) applies as follows:

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

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

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

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

    Section 8-14-30. The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this chapter 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 chapter for any contract governed by that procurement ordinance.

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

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

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

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

    Section 8-14-80. Except as otherwise provided in this chapter, the director shall prescribe all forms and promulgate regulations necessary for the application of this chapter 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 8-14-90. Except as otherwise provided in this chapter, the director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this chapter to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

    Memorandum of understanding

    SECTION 4. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

    "Section 23-3-80. (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 addressing:

    (1) the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law or program designed for the purpose of state enforcement of federal immigration laws;

    (2) the detention of unlawful aliens by state and local law enforcement officials and the costs associated with those detentions;

    (3) the removal of detained unlawful aliens by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;

    (4) training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal law or program and the costs of such training; and

    (5) further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement, pursuant to 8 USC Section 1357(g).

    (B) The memorandum of understanding negotiated pursuant to subsection (A) must 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). The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

    (D) The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a 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."

    Verification of lawful presence

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

    "CHAPTER 29

    Verification of Lawful Presence in the United States

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

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

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

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

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

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

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

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

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

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

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

    (6) prenatal care;

    (7) 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 USC Section 1611, 1621, or 1623;

    ( 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; or

    (9) benefits and refunds lawfully due from the South Carolina Retirement Systems pursuant to Title 9 of the South Carolina Code of Laws to members of the Retirement Systems and their beneficiaries.

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

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

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

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

    (F) A person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and wilfully 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 is a separate violation of this section each time a person receives a public benefit based on such a statement or representation. A conviction and fine charged pursuant to this section shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action, individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action under this section reasonable attorney's fees and costs.

    (G) Persons convicted of a violation of this section are jointly and severally liable for a 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 USC Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

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

    (J) All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor the state's participation in the SAVE program and its verification of 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.

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

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

    Immigration law violations

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

    "CHAPTER 30

    Recording and Reporting Immigration Law Violations

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

    (B) The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter, including, but not limited to the United States Bureau of Immigration and Customs Enforcement, consistent with 8 USC Section 1373.

    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."

    Business expense deduction disallowed

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

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

    (1) 'Unauthorized alien' means an unauthorized alien as defined by 8 USC Section 1324a(h)(3).

    (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 if the individual is an unauthorized alien. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

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

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

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

    (F) This section shall not apply to wages or remuneration paid for labor services to any individual whose employment authorization status was verified in accordance with the provisions of Section 41-8-20.

    (G) A taxpayer must not 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 an unauthorized alien. 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 director of the Department of Revenue shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

    Withholding of income tax required

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

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

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

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

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

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

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

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

    Furthering illegal entry or avoidance of detection

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

    "Section 16-9-460. (A) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

    (B) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

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

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

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

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

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

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

    Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.

    (F) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section."

    Financial identity fraud by false documents

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

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

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

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

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

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

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

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

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

    (F) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify any alien's status with the federal government in accordance with 8 USC Section 1373(c)."

    Verification of nationality of prisoners

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

    "Article 13

    Verification of Nationality of Prisoners

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

    (B) If the prisoner is an alien, the keeper of the jail or other officer must make a reasonable effort to verify whether the prisoner has been lawfully admitted to the United States or if the prisoner is unlawfully present in the United States. 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 to be an alien unlawfully present in 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 an alien unlawfully present in the United States and must forward an invoice to the Department of Homeland Security for these expenses.

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

    (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.

    (F) In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify an alien's status with the federal government in accordance with 8 USC Section 1373(c)."

    Wrongful discharge of authorized worker

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

    "Section 41-1-30. (A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien.

    (B) An aggrieved employee must show all of the following:

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

    (b) the replacement worker was an unauthorized alien at the time of the replacement;

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

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

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

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

    (1) reinstatement to his former position;

    (2) actual damages; and

    (3) lost wages.

    (E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.

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

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

    (H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions of Chapter 8 of Title 41.

    (I) This section takes effect ninety days after the effective date of the act."

    Registration of immigration assistance services

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

    "CHAPTER 83

    Registration of Immigration Assistance Services

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

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

    (A) 'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

    (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 40-83-30. (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;

    ( 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 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) This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law.

    (D) A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, 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 who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

    (H) A person engaged in providing immigration services who is not exempted under this chapter may not:

    (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 wilfully 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 wilfully 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 is a separate violation of this subsection each time a person knowingly and wilfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

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

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

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

    State grand jury jurisdiction

    SECTION 14. Section 14-7-1630(A)( and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

    "( 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;

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

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

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

    (12) a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This 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 a 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 must 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 pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section."

    Firearms and illegal aliens

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

    "Section 16-23-530. (A) It is unlawful for an alien unlawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

    (B) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.

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

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

    Conditions of release

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

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

    (1) family ties;

    (2) employment;

    (3) financial resources;

    (4) character and mental condition;

    (5) length of residence in the community;

    (6) record of convictions; and

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

    (B) The court shall consider:

    (1) the accused's criminal record;

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

    (3) whether the accused is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status."

    Higher education and illegal aliens

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

    "Section 59-101-430. (A) An alien unlawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified. In doing so, institution personnel shall not attempt to independently verify the immigration status of any alien, but shall verify any alien's immigration status with the federal government pursuant to 8 USC Section 1373(c).

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

    State preemption of local law

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

    "Section 6-1-170. (A) For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.

    (B) A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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    Senior Member Dixie's Avatar
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    SB 1070 Support Our Law Enforcement and Safe Neighborhoods

    Senate Bill 1070
    http://www.azleg.gov/DocumentsForBill.a ... umber=1070

    House Bill 2162
    http://www.azleg.gov/DocumentsForBill.a ... umber=2162

    Governor’s executive order:
    http://www.azgovernor.gov/dms/upload/EO ... SB1070.pdf

    ~~~~~~~~~~~~

    Statement by Governor Jan Brewer, Signing of HB 2162
    April 30, 2010

    “Taking into consideration questions and concerns that have been expressed about the SB1070 legislation I signed last week, today I signed HB 2162 which defines and clarifies even further the proper implementation and enforcement of the law. These changes specifically answer legal questions raised by some who expressed fears that the original law would somehow allow or lead to racial profiling. These new amendments make it crystal clear and undeniable that racial
    profiling is illegal, and will not be tolerated in Arizona.

    “I am proud that the Arizona Legislature has listened carefully to everyone’s concerns, and, in a gesture of statesmanship, acted swiftly and appropriately to lay to rest questions over the possibility of racial profiling.

    “Arizona is acting responsibly to address a border security crisis that is not of our making. The federal government’s failure requires us to act to protect our citizens, and we are doing just that.
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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