Legislative eNews-MARCH 23, 2007
LOCAL
Hilton Head Smoking Ban to be Enforced on May, 1, 2007
The Town of Hilton Head smoking ban will be enforced at 12:01 am on May 1, 2007.
The key provisions in the Ordinance include:
Prohibition on smoking in the workplace and requirement for employers to provide a smoke free environment for their employees in the work place.
Exceptions to the smoking ban are:
o Private residences
o Up to 25% of designated rooms in Hotels, Motels, Time Share Units and Bed and Breakfast Homes
o Retail tobacco stores
o Smoking by performers in theatrical events
o Religious ceremonies where smoking is part of the ritual
o Business comprised of only one individual that are not collocated in a structure with other businesses
Businesses must post a “ No Smoking” sign at the main entrance to the business
Smoking is not permitted within a reasonable distance outside the entrance of the business
The smoking ban will be enforced beginning at 12:01 on May 1, 2007 and violators may be subject to a penalty of up to $500.00.
Several questions have been raised in regards to the requirements for posting of signs. Signs are required as a result of this Ordinance and it is important for business owners to be aware of that:
o The signed must be purchased by the business owner and must be conspicuously posted at the main entrance, either on the door or on the building adjacent to the door.
o The sign must be visible from the outside of the building.
o The sign must comply with the LMO section 16-3-9021.I which prohibits fluorescent colors or commercial copy or graphics on the sign. Commercial copy in this context is considered to be any mention of the name of the business on the sign
If a business desires a sign which differs from the requirements of this Ordinance, it will be required to present it to the Design Review Board for permission. Questions may be directed to Terri Lewis in the Planning Department at 341-4698.
Town of Bluffton Update
The Bluffton Town Council consolidated two citizen boards, one for Accommodations Tax and the other for the Hospitality Tax, into one board. The council also decreased the amount of money the new board would oversee. Town officials believe that one board allows a more streamlined process and gives the town more authority over funding sources allowable under tax collection and distribution laws.
Also, the Bluffton Town Council approved a one-year, $106,450 contract with a Columbia environmental firm to continue a water testing program on the May River. This came in response to citizen concerns about the protection of the May River.
In additional news, Town of Bluffton Director of Planning Marc Orlando resigned to work with a local private development company. Mr. Orlando oversaw much of the work on the town’s upcoming comprehensive plan, due for council consideration in April.
The Town of Bluffton announced that April 16 is the deadline for renewing 2007 business licenses. After that date, businesses will face 5% penalty on unpaid fees for each month after the due date. Questions about business licenses in the Town of Bluffton can be directed to 706-4500.
STATE
Beaufort County Day a Success
Local Beaufort County government, school board and business leaders descended on the statehouse on Tuesday for the first ever Beaufort County Day. The visit was a success in the eyes of the participants and the Beaufort legislative delegation. There is a vision for greater cooperation amongst localities, the county, and the private sector. The participants met with the local representatives, were introduced as group in the House and Senate, met individually with state legislative leaders and the Governor’s office. Talking points for Beaufort County Day included: the education funding crisis facing Beaufort County, tourism promotion, regulatory takings, property insurance, and real estate transfer fees. Please contact Chris Long at clong@hiltonheadisland.org if you would like a copy of those talking points. Plans are already underway for a Beaufort County Day 2008 in Columbia.
Insurance Director Scott Richardson in Hilton Head Next Week on Property Insurance –Governor Sanford Offers Incentives for Insurance Coverage
State Insurance Director Scott Richardson signed an order Wednesday to expand the wind pool - the state's last resort insurance market - to include property east of the U.S. 17 Bypass in Horry County. The previous line had been to U.S. 17 Business which excluded significant real estate development along the strand in the Myrtle Beach area. No changes were made to the local wind pool lines in the Hilton Head-Bluffton areas.
Also, Governor Mark Sanford on Thursday offered a package of incentives to mitigate hurricane damage and provide greater, more affordable insurance coverage in the coastal areas. Sanford’s proposal, which has yet to be drafted into actual legislation, includes:
· Tax deductions and savings for catastrophic savings accounts and for those who choose to carry extra-large deductibles.
· Tax credits for insurance companies that choose to provide full coverage along the coast.
· Tax credits and premium discounts for upgrading property to make it more storm-resistant.
· Tax credits for lower-income property owners who pay more than 5% of their incomes for insurance premiums.
· A requirement that insurance companies give greater notice before canceling policies.
South Carolina Department of Insurance and the Hilton Head Island –Bluffton Chamber of Commerce
Plan Coastal Insurance Meeting
Director Scott Richardson and staff from the South Carolina Department of Insurance will meet with Beaufort County area residents to discuss coastal insurance issues on March 29, 2007 from 5:30-7:00 p.m. in the community room at the Palmetto Electric Building located at 111 Mathews Drive, Hilton Head Island. This meeting is open to the public.
In addition, on March 30, 2007 from 8:30 a.m.-10:30 a.m. at the Hampton Inn located at 1 Dillon Road. Hilton Head Island South Carolina Department of Insurance staff will meet with residents to discuss their individual coastal property issues. Appointments may be scheduled by calling the South Carolina Department of Insurance at 1-800-768-3467.
A South Carolina Coastal Issues Complaint Form is attached and available via the following websites: http://www.doi.sc.gov and http://www.hiltonheadisland.org/. Residents should complete the form and return it to the South Carolina Department of Insurance via U.S. Mail, Facsimile, or E-mail prior to March 27, 2007.
Should you have any questions concerning this advisory, please contact Ann Roberson at 803-737-6207.
Jasper County Port Update
H.3505, a bill that would move forward the Jasper Port development under the South Carolina State Ports Authority, was passed out of the Senate Transportation Committee and includes a minority report by Sen. Clementa Pinckney, which puts it on the contested calendar.
Senate Election Update
The only independent that had expressed interest in running for the state Senate seat vacated by Scott Richardson when he became Insurance Director, announced this week that he will not enter the race. Independents have until April 22nd to file for candidacy. With no other surprises, four Republicans have entered the race: Weston Newton, current Beaufort County Council Chair; Tom Taylor, former Beaufort County Chair; and current House Representatives Richard Chalk, R- Hilton Head and Catherine Cieps, R-Beaufort. Democrat Terry Thomas of Lady’s Island has filed, as has Libertarian Greg Graziani. The primary election is on May 1 (with a May 15 runoff if necessary) and the general election is on June 19.
Transportation Shake-Up
To the dismay of local elected and business leaders, Columbia-based attorney Henry Taylor was named to serve as the Department of Transportation Commissioner for the 2nd District, which includes all or part of Beaufort, Aiken, Allendale, Barnwell, Calhoun, Hampton, Lexington, and Richland Counties. The Beaufort County legislative delegation worked to have a local leader appointed as the 2nd District commissioner. By law, the appointment to the commission is to be rotated, so that all counties have representation spread over a period of time to all counties in the 2nd District. There are remaining questions about the legality of the selection of Mr. Taylor because of disagreements on the process and the rotational representation. State Attorney General McMaster is looking into the matter.
However, the controversy may be short-lived, because the legislature with the support of the Governor is working on a bill to restructure the transportation agency. In action this week, on Wednesday the Senate approved an amendment to the Department of Transportation reform bill that would allow the governor to appoint every member of the DOT board with the consent of the Senate. The Senate also approved a proposal that would require the legislature to approve the state's annual transportation plan. But the executive director would be appointed by the board, not the governor, as the bill now would provide. The Senate earlier Wednesday tabled a proposal, 26-13, that would have made DOT a cabinet agency of the governor. The move came as the Senate struggled after days of debate to find a consensus behind a plan to restructure the agency and reform its operations. The House was expected to begin debate on its plan late in the week.
Small Business Asks the Legislature to Approve Small Business Health Plans
Small business leaders met on Wednesday with key legislative leaders to push a proposal allowing a group of at least 10 small businesses to pool money and buy group health care coverage in a shared plan, something that is allowed currently for businesses with 1,000-employees. Some business leaders have expressed an interest in allowing professional associations such as local and state chambers to set up, negotiate rates, and administer the small business heath plans.
Gov. Mark Sanford, Senate Pro Tem Glenn McConnell, R-Charleston, and Rep. Harry Cato, R-Greenville, chairman of the House Labor, Commerce and Industry Committee, pledged support for a bill allowing for these health plans.
The US Chamber has been lobbying for several years on federal changes that would allow association health plans (also known as AHPs).
FEDERAL
Immigration Reform Slows in Congress
Senators Edward Kennedy and John McCain have all but abandoned plans to cosponsor a comprehensive immigration reform bill this year. Kennedy is instead considering filing a bill on his own, modeled largely on the measure endorsed by the Senate Judiciary Committee last year. McCain is continuing to talk to Kennedy about immigration proposals, but McCain has not committed to supporting Kennedy's approach. Further complicating efforts to find consensus, a group of Republicans is working with the White House to draft an alternative bill. Last year the bipartisan McCain-Kennedy comprehensive immigration bill passed the Senate and had the support of the President, but the House opposed some of the provisions so the bill was not ultimately passed.
The new Democratically-controlled House has not announced its plans to consider comprehensive immigration reform.
