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Illegal Immigration Act

Notice to all Subgrantees — Illegal Immigration Reform Act of 2008:

In 2008, the S.C. General Assembly passed Act No. 280 the "S. C. Illegal Immigration Reform Act" (S. C. Code Section 8-14-10, et seq. (hereinafter referred to as "the Act"). The Act provides that a public employer may not enter into a "services contract" unless the contractor agrees to verify that new employees are legally present in the United States. See S. C. Code Section 8-14-20(B).

A "services contract" is "a contract that involves the physical performance of manual labor, if the total price of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price". A "services contract" does not include:

  1. a contract with a public employer, other than a political subdivision, with a total value of less than $25,000, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;
  2. a contract primarily for the acquisition of an end product; and
  3. a contract that is predominantly for the performance of professional or consultant services.

See S. C. Code Section 8-14-10(A)(6).

The State Budget and Control Board has provided guidance for complying with the Act. That guidance applies to contracts or agreements relating to public transportation. You may view the State Budget and Control Board's guidance at www.bcb.sc.gov/BCB/BCB-index.phtm.