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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Richardson, Thomas, Ryberg and Bryant
Document Path: l:\council\bills\pt\2377mm05.doc
Introduced in the Senate on February 23, 2005
Last Amended on April 18, 2005
Currently residing in the Senate
Summary: Employment of illegal aliens
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/23/2005 Senate Introduced and read first time SJ-9 2/23/2005 Senate Referred to Committee on Labor, Commerce and Industry SJ-9 4/14/2005 Senate Committee report: Favorable with amendment Labor, Commerce and Industry SJ-8 4/18/2005 Senate Amended SJ-40
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VERSIONS OF THIS BILL
COMMITTEE AMENDMENT ADOPTED
April 18, 2005
S. Printed 4/18/05--S.
Read the first time February 23, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROVIDE THAT AN EMPLOYER WHO EMPLOYS AN ILLEGAL ALIEN FOR WORK IN THIS STATE IS SUBJECT TO AN ADMINISTRATIVE FINE AND LOSS OF LICENSING BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 41 of the 1976 Code is amended by adding:
"Section 41-1-130. (A) For purposes of this section:
(1) 'Department" means the Department of Labor, Licensing and Regulation.
(2) 'Employer' means a person, partnership, for profit or nonprofit corporation, the State and its political subdivisions, and their agents, that employ one or more employees.
(3) 'Employment' means service or labor performed for remuneration including day labor or other casual labor engaged in as a compensated activity.
(4) 'Illegal alien' means a person who is in the United States illegally or who lacks employment authorization in the United States, or both.
(B) An employer who hires, recruits, or refers an illegal alien for employment in this State, or continues to employ an illegal alien for employment in this State, with actual or constructive knowledge that he is an illegal alien as defined in subsection (A)(4), is subject to an administrative fine of up to five thousand dollars for each incident and a license issued to that employer by the department pursuant to its jurisdiction may be revoked if it is shown that the employer has intentionally disregarded the provisions of this chapter or has shown a pattern of disregard for the provisions of this chapter by poor recordkeeping and deceptive recruitment practices.
(C) The penalties provided in this section are in addition to and cumulative of other remedies and penalties at law."
SECTION 2. This act takes effect upon approval by the Governor.
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