A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 41-8-125 SO AS TO PROVIDE CERTAIN LAW ENFORCEMENT ENTITIES AND THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE ARE ENTITLED TO RECEIVE COPIES OF E-VERIFY DOCUMENTATION MAINTAINED BY EMPLOYERS, TO PROVIDE EMPLOYERS SHALL PROVIDE SUCH COPIES UPON REQUEST, AND TO PROVIDE SUCH REQUESTING PARTIES SHALL RELY ON THE FEDERAL GOVERNMENT TO VERIFY THE EMPLOYMENT ELIGIBILITY OF AN EMPLOYEE AND MAY NOT INDEPENDENTLY MAKE A FINAL DETERMINATION REGARDING SUCH A VERIFICATION.

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

SECTION 1.  Chapter 8, Title 41 of the S.C. Code is amended by adding:

    Section 41-8-125.  (A) For purposes of enforcing the provisions of this chapter, the following are entitled to receive copies of employment verification forms and related documentation required for E-Verify from an employer, and the employer shall provide copies of such forms and documentation upon request:

       (1)   the South Carolina Law Enforcement Division;

       (2)   the Office of the Attorney General;

       (3)   the solicitor in any circuit where the employee works for the employer; and

       (4)   the Department of Employment and Workforce.

    (B) A person who makes a request pursuant to subsection (A) shall rely upon the federal government to verify the employment eligibility of an employee and may not independently make its own final determination as to whether an employee is an unauthorized alien.

SECTION 2.  This act takes effect upon approval by the Governor.

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