South Carolina H 5313: Harold Edward Frick

Bill Text

2025-2026 Bill 5313 Text of Previous Version (Mar. 04, 2026) - South Carolina Legislature Online 

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