Legislative eNews-december 8
Local
Immigration Ordinance
On Wednesday, the Beaufort County Council Community Service and Public Safety Committee met to discuss the latest draft of its “Lawful Employment Ordinance.” This remains a highly complex and emotionally-charged issue. After voting against returning the ordinance back to council for a 1st Reading even though there were significant changes, the committee unanimously agreed to send the ordinance before the full council next Monday, December 11 for a 2nd reading (with a public comment period). The committee then also agreed to hold a special full council meeting for final consideration likely on December 27.
The council will not proceed on any action until they receive “empirical evidence” that the ordinance is necessary. It is unclear as to what “empirical evidence” is necessary. Therefore, it is still possible that a county immigration ordinance could pass within the next few weeks before a new county council convenes in January 2007.
The latest version of the county’s immigration proposal is significantly different from the last five drafts. After two closed-door executive sessions, the council came forward with this draft which council members report could pass legal muster. Outside counsel was retained by the county administrator to work out the legal issues. Some of the business operation concerns the chamber raised were addressed in the latest draft. However, there are still questions about the intent of the ordinance, the impact of likely legal challenges, and enforcement.
The latest draft is generally a restatement of federal law concerning immigration. As drafted, every person (thus called the licensee) that applies for a business license to engage in any type of work in the County shall attest under penalty of perjury, on a from designated by the County, that the licensee does not knowingly utilize the service of, engage or hire any person who is an unauthorized alien. It would require the licensee to follow the federal I-9 process as currently required. The County could collect a licensee’s I-9 data, or other additional information to determine the legal status of employees.
An investigation of a business can commence if an investigation or audit performed shows that the licensee does not meet I-9 documentation requirements in federal law. The business will have three days to provide federal I-9 documents, after that time the County can begin an enforcement action against the licensee. The County will be responsible for verifying the eligibility of employees. If upon production and review of the required I-9 documentation, the Business License Division obtains information from the federal government evidencing the licensee’s employment of an unauthorized alien, the Business License Division will notify the licensee. The licensee has at least 15 days, with an extension up to 45 days to provide additional documentation on the employee. During this time the business license is not impacted.
At this point, if the licensee does not provide the necessary federal documentation or that documentation does not meet federal requirements; the County has the ability to suspend its business license. However, a federal “safe harbor” would not allow the suspension of the license if the licensee produces “good faith” evidence of compliance.
A licensee can appeal the findings directly to the county council. The effective date of the proposal is January 1, 2008.
You can view the latest draft on www.bcgov.net. The next meeting of the Beaufort County Council is at 4:00 pm on Monday, December 11 in Council Chambers. Please let us know your views on the latest draft of the ordinance.
Bluffton Town Council Proceeding on Smoking Ban
The Bluffton Town Council voted to proceed on consideration of a smoking ban in public places, but only after they hear from the public at the regularly scheduled meeting on Tuesday, December 12 at 6:00 pm.
Bluffton Town Council Election
On Tuesday, voters in the Town of Bluffton elected Thomas Heyward and Charlie Wetmore to the two open seats of the Town Council for four-year terms. We send our appreciation to all the chamber members in Bluffton that voted in the election and extend our congratulations to Councilmen-elect Heyward and Wetmore.
State
2007 State House Organization
This week freshmen lawmakers and their veteran colleagues took the oath of office as they prepared the lower chamber for the legislative session that begins in January.
House leaders ran unopposed for elections. State Rep. Bobby Harrell, R-Charleston, won his first full two-year term as House speaker and Rep. Doug Smith, R-Spartanburg, was re-elected speaker pro tem.
Locally, Rep. Bill Herbkersman, R-Bluffton, had hoped to be given one of the three vacancies on Ways and Means to give this region a stronger voice in the budget-writing process. Instead, he was named Second Vice Chair of the House’s other prime committee, Judiciary, which oversees crime and legal legislation. Joining Herbkersman on Judiciary is other another local legislator, Rep. Catherine Ceips, R-Beaufort. Rep. Richard Chalk, R-Hilton Head, was named Second Vice Chair of the House’s Medical, Military, and Public and Municipal Affairs Committee.
Federal
Congress Wraps Up Work
As Congress prepared to adjourn for the year on Friday, little is expected to be accomplished. GOP Congressional leaders have decided to not finish FY-2007 appropriations bills and other major unresolved bills during the lame duck session that resumed last week. Instead, the bills will be temporarily extended into the new Democratically-controlled 110th Congress that takes office on January 4. A continuing resolution funding most government agencies into early 2007 is expected to be passed next week as GOP leaders decided to let the new Democratically-controlled 110th Congress resolve spending issues.
New Senate Leadership
Senate Democrats elected their 110th Congress leadership. Nevada Senator Harry Reid will be Majority Leader, Illinois Senator Dick Durbin the Majority Whip, and New York Senator Charles Schumer will serve as both Vice Chairman of the Democratic Conference and another term as campaign chairman. Senate Republicans elected their leadership. The new Minority Leader will be Kentucky Senator Mitch McConnell. Mississippi Senator Trent Lott has won the Assistant Minority Leader's job.
New House Leadership
Democrat Nancy Pelosi of California will lead the Congress as Speaker and her deputy will be Steny Hoyer of Maryland. South Carolina Representative Jim Clyburn will be the new Majority Whip, the third ranking Democrat in the House. And Congressman John Spratt of South Carolina was named as Chairman of the Budget Committee. Local Representative Joe Wilson will continue to serve on the House Armed Services, International Affairs, and Education and Workforce Committees.
Former GOP Majority Leader John Boehner of Ohio was elected Minority Leader in the new 110th Congress. GOP Whip Roy Blunt of Missouri was also reelected. Rep. Adam Putnam of Florida won the 4-way race to be chairman of the House Republican Conference.
