A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-8-20, RELATING TO REQUIREMENTS FOR EMPLOYMENT ELIGIBILITY VERIFICATION OF NEW EMPLOYEES BY PRIVATE EMPLOYERS, SO AS TO PROVIDE THE APPROVAL AND USE OF ADDITIONAL WORK AUTHORIZATION PROGRAM OPTIONS.
Impact
This legislative change aims to streamline the hiring process for private employers by providing them with more options for verifying the work authorization status of their new hires. By permitting alternative programs evaluated and approved by the South Carolina Department of Employment and Workforce, proponents argue that there could be improvements in efficiency and flexibility that align better with diverse business needs.
Summary
House Bill 4797 seeks to amend Section 41-8-20 of the South Carolina Code of Laws, focusing specifically on the requirements for employment eligibility verification of new employees by private employers. The bill allows for the approval and use of additional work authorization programs beyond the current federal E-Verify system and the Systematic Alien Verification of Entitlement (SAVE) system. The amendment clarifies that private employers must register and participate in one of these accepted work verification programs within three business days of hiring new employees.
Contention
However, the bill's introduction is not without controversy. Opponents may view this measure as a potential loophole that undermines the integrity of the employment verification process established by federal law. There may be concerns that alternative programs might not hold the same rigor and reliability as E-Verify, leading to possible abuses or oversights in employment eligibility checks. The discussion surrounding this bill likely includes differing viewpoints on how effectively South Carolina can govern labor regulations while ensuring the protection of local employment rights.
Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present.