THE SOUTH CAROLINA SENATE REPUBLICAN CAUCUS

Private employers are required to use E-Verify or South Carolina driver’s license.Toughest, most comprehensive immigration reform bill in nation.

Columbia, SC - The Senate, by unanimous vote, gave key approval today to the South Carolina Illegal Immigration Reform Act (H.4400). The bill requires private employers to verify employment eligibility of all new hires through the federal E-Verify system or by a South Carolina driver’s license. Private employers are for the first time in statute prohibited from “knowingly and intentionally” hiring illegal aliens.

The bill also creates a no-fee, no application necessary, implied South Carolina employment license, permitting all private employers to hire new employees.  The license will stay in effect as long as the business abides by the hiring requirements established in the South Carolina Illegal Immigration Reform Act. The employment license could be suspended or revoked if an employer is found to have hired undocumented workers. This would prevent businesses from legally hiring anyone for the duration of the suspension or revocation.

“This is going to be the toughest bill in the United States,” says Senator Glenn McConnell (R-Charleston).  “This bill has enforcement in it. This is a comprehensive bill that deals with public benefits, ID fraud and host of other issues. When you take the entire matrix of this bill and put it out there and start engaging in conduct that violates this law you are in for some rough sledding. But, the bill also has in it the necessary safeguards so that business are not caught in a trap.”

“We have adopted an E-verify bill that includes licensure revocation and penalties, civil fines and potential criminal penalties that are very straight forward and the toughest in the nation,” says Senator Jim Ritchie (R-Spartanburg). The objective of the whole bill is to make sure that those people who are breaking the law are not at a competitive advantage over those who are playing by the rules. The value of these new enforceable penalties is that all employers will now be playing under the same rules.”

“We are now going to be able to reassert the rule of law that has been abdicated by the federal government,” says Senator Chip Campsen (R-Charleston). “It is their responsibility, but they have abdicated enforcing federal law and we are reasserting that rule of law at the state level to the greatest extent that we can.”

In addition to the strict employment eligibility verification and the new employment license, the bill addresses other major challenges in the fight against illegal immigration.

The bill:

• Creates an information website and telephone hotline for the reporting of suspected immigration law violations.
• Authorizes SLED to develop a Memorandum of Understanding with federal agencies to allow state law enforcement officers to become auxiliary immigration and customs enforcement agents.
• Mandates lawful presence verification of any person seeking public assistance benefits.
• Prevents a business from claiming as a deductible business expense any wages paid to an undocumented worker.
• Requires a seven percent withholding of all compensation paid to an undocumented worker.
• Creates a state felony for harboring or transporting illegal aliens.
• Establishes increased penalties for ID theft connected to illegal aliens.
• Mandates operators of any jail to verify lawful presence of anyone with a pending felony or DUI.
• Allows for a cause of action by those terminated in favor of hiring an undocumented worker.
• Prohibits anyone not lawfully in the United States from buying, selling, possessing, transporting, etc. all firearms.
• Adds a list of factors a court must consider when determining bail, including immigration status.
• Prevents illegal immigrants from attending public institutions of higher learning.
• Prohibits sanctuary and local preemptive ordinances.

“South Carolina is sending a message to illegal immigrants that this is not going to be a sanctuary state and we are not going to stand idly by for a silent invasion,” says Senator McConnell. “We have exercised state law as far as we can without being in conflict with the federal law.”

Senators Jim Ritchie and Chip Campsen have championed illegal immigration reform for almost three-years and today’s approval of the South Carolina Illegal Immigration Reform Act is a result of the building blocks they put into place and the consensus built in the Senate by Senator McConnell in the final days.

The bill will receive a required third reading tomorrow before being sent to the House.

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Quote of the Week– “This is not a mean budget, but it is a lean budget.” Senate Finance Committee Vice-Chairman, Harvey Peeler (R-Cherokee), commenting on the budget agreement reached this week by Senate and House members who worked to resolve the differences in the proposed appropriation plan.

Budget Approved by General Assembly (Thursday, May 22)
The House and Senate approved the budget agreement reached by a six-member joint legislative conference committee this week. The $7 billion appropriations plan is education friendly, providing approximately $148 million new General Fund dollars to K-12, and gives priority to health care for low-income and elderly citizens. The 2008-09 General Appropriations Bill, which goes into effect July 1, will now be sent to the governor for his consideration.

“This has obviously been a tough budget year, but I think we have achieved a responsible budget that addresses the core needs of the state,” says Senate Finance Chairman Senator Hugh Leatherman (R-Florence). “This year’s budget is focused on K-12 education and maintaining health care for indigent care and senior citizens. Overall I am pleased with the work that we did and the compromise that was worked out in committee.”

Government Restructuring on Senate Calendar

The Senate Judiciary Committee gave a favorable recommendation to a government-restructuring bill (H.3590) this week that will establish a new Department of Administration. The bill is an attempt to move purely administrative, day-to-day functions of state government under the purview of the governor’s office. The new department would become part of the Cabinet with the installation of a new administration in January of 2011.

Historical Document Bill Returns to the House (Thursday, May 22) The South Carolina Senate approved the “Foundations of American Law and Government” display bill (H.3159) this week.  The bill allows for the placement of a historical documents display in public buildings.

The Declaration of Independence, Bill of Rights, Ten Commandments, Lord’s Prayer, as well as other specified historical documents and speeches are all acceptable items to include in the display. All of the documents to be included in the display are documents that have played a significant role in the foundation and development of the American system of law and government.

‘I Believe’ License Plate Could Soon Be Available (Thursday, May 22) The General Assembly has approved the creation of the ‘I Believe’ license plate. The new plate will contain the words “I Believe” along with a cross superimposed on a stained glass window.  The measure will now go to the governor for his consideration.

Passage of Cigarette Tax Historic (Thursday, May 22)
This week the General Assembly approved a bill (H.3567) that would raise the per-pack tax on cigarettes to 57 cents, up from the current 7 cents. Most of the $159 million that will be generated by the increase will be used to extend health insurance coverage in the public and private sectors. This week’s final approval of the bill was the first time in 31 years that South Carolina has increased its cigarette tax.

Despite the widespread public support for the increase, Governor Mark Sanford has vowed to veto the bill because it is not revenue neutral.

Payday Lending Stays Alive But It Is Sitting On The Casket (Thursday, May 22) In an effort to keep legislation regulating payday lending alive, the Senate approved another bill (H. 4058) this week that will give the House one more opportunity to vote on the issue.  Previous legislation has stalled in the House Labor, Commerce and Industry Committee.

Senators passionate about regulating the payday lending industry hope the House will consider the latest bill before the end of this session, which also brings to a close the two-year legislative cycle.  The bill has been sent to the House for consideration.

Reduced Cigarette Ignition Propensity Standards Adopted  (Wednesday, May 23) The Senate has approved the “Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act” (H.4900). The bill requires all cigarettes sold in South Carolina to comply with the American Society of Testing and Materials “Standard Test Method for Measuring the Ignition Strength of Cigarettes.” In simple terms, a lit cigarette should not generate enough heat to continue burning if left unattended. The bill now returns to the House.

South Carolina Public Invocation Act Passes General Assembly(Thursday, May 22) The General Assembly gave final approval this week to the “South Carolina Public Invocation Act” (S.638), sponsored by Senator Chip Campsen (R-Charleston). The bill allows a local or state government body to adopt policies preserving the tradition of opening public meetings with an invocation.

A member of the public body must administer the invocation on a rotating basis, or the body can elect a chaplain from among its members, or an invocation speaker may be selected on a rotating basis from religious leaders serving established religious congregations in the local community where the public body meets. The bill now goes before the governor for his consideration.

Spending Limit Bill Returns to Committee (Wednesday, May 21)
A majority of the Senate voted to approve a constitutional amendment (S.718) that would limit state spending, but supporters of the effort did not gather the 31 votes needed to satisfy the two-thirds majority required to pass the bill.  After the vote the constitutional amendment and a supporting statutory bill (S.1220) were recommitted to the Judiciary Committee.

In the Week Ahead:

DPS Director Confirmation Hearing Rescheduled for Tuesday

The Senate confirmation hearing process for Department of Public Safety Director nominee, Mark Keel, will begin on Tuesday, May 27 at 2:30 (308 Gressette). Governor Mark Sanford nominated Keel, the current Chief of Staff at the South Carolina Law Enforcement Division, in mid-April. Keel has been with SLED since 1979.

Illegal Immigration on Senate Special Order

The Senate will once again work to pass an illegal immigration reform bill next week. Prior to the Senate’s adjournment on Thursday, May 22, Senator Glenn McConnell (R-Charleston) requested H.4400 be moved into Special Order status. This puts the bill in position for debate on Tuesday, May 27.

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Senator Alexander: Pleased with the outcome.

Columbia, SC - The South Carolina Senate today concurred with House amendment to H. 3567, the proposed 50-cents per pack cigarette tax increase. Senator Thomas Alexander, who chaired a Senate Finance Subcommittee that studied the proposed tax increase, gave the following comments on the Senate’s actions.

“I am very pleased with the outcome. This has been a long road and we are on the verge of a historic moment. I appreciate the support of the House. This was a joint effort with a number of people contributing to the success of this bill. I would say this is a great day for all those, who we will never know by name, which would have had countless health issues caused by smoking, but never started smoking because of the actions of this General Assembly. If we reduce the number of smokers we all win.

Despite the bill passing both the Senate and House and enjoying widespread public support, Governor Mark Sanford has vowed to veto the bill.

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By Sen. Shane Massey

Spending money is pretty easy for all of us.  It’s especially easy when it’s not your money you’re spending.

In the S.C. Senate, we’ve made some bad spending decisions recently that I’ve taken issue with.  I always try to remember I’m spending the hard-earned money you pay in taxes.  I wish more of my Senate colleagues thought that way.

Cigarette Tax

One of those spending issues came up this month: the cigarette tax.

The bill that passed the Senate did not get my vote because it puts our state at great financial risk.

If you followed the debate, you know that the current S.C. cigarette tax is 7 cents per pack, the lowest in the nation.  The proposal would raise our tax to 57 cents per pack, 20 cents above the Southeastern average, and provide $160 million in new revenue for our state.

I support raising the cigarette tax, but the devil is in the details of the spending plan.  The Senate earmarked the tax revenue for three items:
•    Smoking cessation programs;
•    Providing greater access to health insurance; and
•    Expanding Medicaid.

The first two initiatives are great ideas, but I cannot support expanding a rapidly growing entitlement program with diminishing funds.  Here’s what I mean.

In the past five years, our Medicaid spending has jumped from about $720 million a year to over $1.1 billion this year.  That’s a 50 percent increase in just five years.

Our total state budget is about $7 billion, and we’re already spending $1.1 billion on our current Medicaid obligations.

Keep in mind that one reason we are raising the cigarette tax is to deter smoking, a worthwhile cause.  Under this bill, we would be spending millions of dollars to expand Medicaid, and we would do it with a diminishing revenue source (people who stop smoking don’t buy cigarettes, so the state receives less money).  Using this process will guarantee that we have less and less money to put into Medicaid in the future.  In other words, we’ll create an incredible financial burden on the state in years to come.

That’s terrible fiscal policy that comes on the heels of our Legislature spending all of its $1.5 billion surplus last year because of equally poor planning.

Voting the way I did wasn’t easy, but I believe you sent me to Columbia to make the hard choices to benefit all citizens in the long run.  Many of you contacted me on this issue, and I certainly appreciate your insights and support.

Spending Caps

This week, the Senate will be debating a constitutional amendment to limit state government spending.  Based on the above information, it’s obvious the General Assembly needs some additional restraint on spending.

Spending money irresponsibly has become too easy for Legislators.  I’m for anything that will make us spend money the way you would, carefully and purposefully.

Education Accountability Act

The Senate unanimously passed a bill last week that will help our teachers gain ground on educating their students.

Most people are familiar with PACT (Palmetto Achievement Challenge Test, which is given to students in third through eighth grades).  Teachers use it to evaluate how good a job they’re doing in educating students.

PACT is given at the end of the school year, and the results aren’t back until the next school year, when the child is in the next grade.  In addition, it only gives a raw score, so teachers receive no feedback on specific areas where students need additional work.

This new proposal eliminates PACT and replaces it with a test that gives teachers faster and more specific feedback.  Overall, it helps the teachers and the students while keeping us all more accountable.

Contact Me

There’s not much time left in this Legislative session, but if you have an opinion on these issues or any others, you can always contact me by telephone (803-480-0419), email (shanemassey@scsenate.org), or regular mail (P.O. Box 551, Edgefield, SC 29824).  Or just pull me aside when you see me.

Together, we are beginning to make a difference in South Carolina.  I thank you for taking the time to participate.