H 5313

South Carolina General Assembly
126th Session, 2025-2026
Bill 5313
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ENACTING THE "ELIMINATE ILLEGAL IMMIGRATION
WHISTLEBLOWER ACT" BY ADDING SECTION 41-8-75 SO AS TO PROVIDE PENALTIES FOR THE
EMPLOYMENT OF UNAUTHORIZED ALIENS INCLUDING CIVIL PENALTIES SUPPLEMENTAL TO
EXISTING PENALTIES, TO PROVIDE A CIVIL ENFORCEMENT PROCESS WITH WHISTLEBLOWER
PROCEDURES, AND TO CLARIFY CUMULATIVE REMEDIES AND CONCURRENT ENFORCEMENT BY
THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This
act may be cited as the "Eliminate Illegal Immigration Whistleblower Act."
SECTION 2.  Chapter 8, Title 41 of the S.C. Code is amended by
adding:
    Section
41-8-75. (A) For purposes of this
section:
       (1)
"Relator" means a private person who brings a civil action on behalf of the
State pursuant to subsection (C). The State is the real party in interest in an
action brought under this section.
       (2)
"Knowingly" has the same meaning as provided under federal law governing the
employment of unauthorized aliens and includes actual knowledge, deliberate
ignorance, or reckless disregard of the employment authorization status of an
individual.
       (3)
"Unauthorized alien" means an individual who is not authorized for employment
in the United States as determined under federal law.
       (4)
"Economic benefit" means a direct or indirect financial advantage obtained by
an employer as a result of employing an unauthorized alien, including wage
savings and avoided employment-related taxes, insurance contributions, or
withholdings.
    (B)(1) An employer who knowingly employs or
continues to employ an unauthorized alien, as determined under federal law
governing employment authorization verification, is subject to the following
civil penalties and remedies:
  (a)
civil monetary penalties in the following amounts:
  (i)
for a first violation, not less than five thousand dollars nor more than
fifteen thousand dollars for each unauthorized alien with respect to whom the
violation occurred; and
  (ii)
for a second or subsequent violation, not less than fifteen thousand dollars
nor more than thirty thousand dollars for each unauthorized alien with respect
to whom the violation occurred.
  (b)
In addition to the civil monetary penalty, the employer is liable for an amount
equal to three times the economic benefit obtained by the employer as a direct
result of the unlawful employment.
       (2)
Each unauthorized alien employed in violation of this chapter constitutes a
separate violation.
       (3)
The court may order that an employer found liable under this section be
ineligible for state contracts, grants, loans, tax credits, or other
state-funded economic incentives for a period not to exceed five years.
    (C)(1) A relator may bring a civil action
for a violation of this section on behalf of the State.
       (2)
The complaint must be filed under seal and remain under seal for at least sixty
days. The complaint may not be served on the defendant until the court so
orders.
       (3)
The relator shall serve on the Attorney General a copy of the complaint and a
written disclosure of substantially all material evidence and information in
the relator's possession.
       (4)
Within sixty days after receipt of the complaint and disclosure, or within any
additional time allowed by the court for good cause, the Attorney General may
elect to intervene and proceed with the action on behalf of the State.
       (5)
If the State intervenes, it has primary responsibility for prosecuting the
action. If the State declines to intervene, the relator may proceed with the
action on behalf of the State.
       (6)
A relator who brings a civil action under this section is entitled to
reasonable costs and attorney's fees from any settlement of the action or any
other proceeds from the action, regardless of whether the State proceeds with
the action or the relator conducts the action.
       (7)
When a person brings an action under this subsection, no person other than the
State may intervene or bring a related action based on the facts underlying the
pending action.
       (8)(a) The court shall dismiss an action or
claim under this subsection, unless opposed by the State, if substantially the
same allegations or transactions as alleged in the action or claim were
publicly disclosed:
  (i)
in a federal, state, or local criminal, civil, or administrative hearing in
which the State or its agent is a party;
  (ii)
in a report, hearing, audit, or investigation conducted by a federal, state, or
local governmental entity; or
  (iii)
in the news media.
  (b)
The court shall not dismiss an action under this item if the relator is an
original source of the information. For purposes of this item, "original
source" means an individual who either:
  (i)
prior to a public disclosure under subitem (a), voluntarily disclosed to the
State the information on which the allegations or transactions in a claim are
based; or
  (ii)
has knowledge that is independent of and materially adds to the publicly
disclosed allegations or transactions, and who has voluntarily provided the
information to the State before filing an action under this section.
       (9)
An action under this subsection may not be brought more than six years after
the date of the violation.
    (D)(1) Whenever the Attorney General has
reason to believe that a person may be in possession, custody, or control of
documentary material or information relevant to an investigation of a violation
of this section, the Attorney General may, before commencing a civil proceeding
under this section or during the period in which a complaint is filed under
seal pursuant to subsection (C)(2) and during any extension thereof granted
pursuant to subsection (C)(4), issue in writing and cause to be served upon
such person a civil investigative demand requiring such person:
  (a)
to produce documentary material for inspection and copying;
  (b)
to answer in writing written interrogatories;
  (c)
to give oral testimony; or
  (d)
to furnish any combination of (a), (b), and (c).
       (2)
The authority provided in this subsection includes the power to issue and
enforce civil investigative demands during the sixty-day seal period described
in subsection (C)(2), and during any extension thereof granted pursuant to
subsection (C)(4), for the purpose of determining whether the State shall
intervene.
       (3)
Each civil investigative demand must:
  (a)
state the nature of the conduct constituting the alleged violation under
investigation;
  (b)
describe the material or testimony sought with reasonable specificity;
  (c)
prescribe a reasonable return date; and
  (d)
identify the custodian to whom the material must be made available.
       (4)
If a person fails to comply with a civil investigative demand, the Attorney
General may file an action in the circuit court in the county in which the
business maintains its principal place of business in this State or, if none,
in which the business conducts business, to enforce the demand. The court may
issue an order requiring compliance, and failure to obey such an order may be
punished as contempt of court.
       (5)
Within twenty days after service of a civil investigative demand, or before the
return date specified in the demand, whichever period is shorter, the person
served may file a petition in the circuit court in the county in which the
business maintains its principal place of business in this State or, if none,
in which the business conducts business, for an order modifying or setting
aside the demand. The court may modify or set aside the demand if it finds that
the demand does not comply with this subsection or is unreasonable or
oppressive.
       (6)
Materials obtained pursuant to this subsection must be maintained in confidence
by the Attorney General and may be used in connection with any civil action
brought under this section, including for purposes of determining whether to
intervene.
    (E) The
remedies provided in this section are civil in nature and are in addition to
the probation, suspension, revocation, and other sanctions provided in Section
41-8-50. Nothing in this section limits or otherwise affects the authority or
duties set forth in Section 41-8-50.
    (F)
This section must be construed consistently with federal law governing
employment authorization. Liability under this section must be based on a
determination of unauthorized employment as required by federal employment
authorization verification requirements.
    (G)
Nothing in this section may be construed to limit or impair the authority of
the Department of Labor, Licensing and Regulation to investigate and enforce
violations of this chapter pursuant to Section 41-8-50. The remedies provided
in this section are in addition to administrative remedies available under
Section 41-8-50. A court may not award duplicative recovery for the same
violation.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 04, 2026 at 11:02 AM