Legislative eNews-MARCH 9, 2007
LOCAL
State Senate Race Update
Rep. Richard Chalk, R-Hilton Head Island, this week entered the Senate race to replace former Senator Scott Richardson, who resigned last month. Rep. Catherine Ceips, R-Beaufort, also announced her candidacy for the senate seat. Beaufort County Council Chairman Weston Newton and former County Council Chairman Tom Taylor are running. No Democrats have announced intentions to run. Greg Graziani of Hilton Head Island has announced intentions to run as a Libertarian. Filing for the race closes on Monday, March 14 with the primary being held on May 1 and the general election on June 19.
Local Smoking Bans Thrown Into Doubt by Greenville Ruling
Greenville Circuit Court Judge John Few ruled Thursday that the City of Greenville’s new smoking ban violates state law and forbids the city from enforcing it. The Circuit Court Judge found that the city’s law violated a “home rule” provision of the Constitution since the legislature had pre-empted local smoking ordinances in 1996, making the ordinance void and unenforceable.
The Greenville decision complicates recent bans passed locally, because Charleston Circuit Court Judge Diedra Jefferson ruled a similar Sullivan's Island's ordinance banning smoking was legal earlier this year. Thus smoking bans passed by Beaufort County and the Towns of Hilton Head Island and Bluffton are open to some legal uncertainty. The issue will likely come before the State Supreme Court later this year.
In related news, on Thursday while debating a bill banning smoking in educational facilities, the Senate approved an amendment that would authorize cities or counties to ban smoking locally. The bill is slated for third and final reading in the Senate next week.
Hilton Head Island Impact Fees
The Hilton Head Town Council gave final approval to a set of new impact fees. The impact fees differ from those adopted by Beaufort County and the Town of Bluffton. Raising the impact fees for development was recommended as part of the Southern Beaufort County Regional Plan. The town's new fees per house are:
• Road impact fees will be raised from $280 to $1,134.
• Park impact fees will be raised from $268 to $627.
• Library impact fees will increase from $107 to $468.
The town must adopt an intergovernmental agreement with Beaufort County before the fees can take effect.
Hilton Head Island Town Council Passes Sweeping Redevelopment Rules
The Hilton Head Town Council gave final approval to Ordinance 2006-19, which makes major revisions to its Land Management Ordinance. The changes were necessary to aid in the redevelopment of several areas in need of revitalization, including Coligny and Dunnagans Alley.
Bluffton Town Council Continues Work on May River Protection
The Bluffton Town Council struggled at its Tuesday evening workshop on several water management issues, especially in and around Verdier Cove and the golf course at Palmetto Bluff. After hearing from several concerned citizens, the council learned that the expected storm water ordinance is forthcoming from the town staff in April.
Also, Bluffton officials announced plans to secure certain sections of the banks of the May River with a biodegradable fabric.
Town staff is also working to complete Bluffton’s comprehensive plan and indicated it would be completed within the next several months.
FEDERAL
Jasper Port Bill Moves Forward
The House on Wednesday supported legislation to give the SC State Port Authority primary responsibility for developing the port in Jasper County. But it comes with numerous requirements and benchmarks for the port’s development within the next three years. The bill passed by a vote of 80-35. An amendment added earlier creates the Savannah River Maritime Commission that would be responsible for negotiating with the State of Georgia, which owns the land sited for the port. It has been reported that Governor Sanford and Georgia Governor Sonny Perdue have been in conversations on how to address some of the issues between the two states in relation to the port development. The bill needs a final vote in the full House, as well as Senate approval.
Barnwell Nuclear Update
Rep. Bill Witherspoon, R-Conway, who leads the House Agriculture and Environmental Committee, introduced a bill that would allow the low-level nuclear waste facility in Barnwell to continue accepting material from states nationwide through 2023. On Tuesday, the House Agriculture, Natural Resources, and Environmental Affairs subcommittee held a hearing on the landfill's future.
Current law demands that, after next year, the landfill will only remain open for use by South Carolina, New Jersey, and Connecticut. Local lawmakers led by Rep. Bill Herbkersman are closely following the legislation and are preparing for a legislative response to efforts to maintain or expand the landfill’s waste intake.
Immigration
A House bill would require anyone 18 years of age or older receiving food payment assistance to have their immigration status verified through a program run by the US Citizenship and Immigration Services, an arm of the Department of Homeland Security. It was one two immigration bills approved Feb. 28 by the House Judiciary Committee.
Another bill, which the House considered Wednesday, would require business licenses for professionals who offer immigration-assistance services, excluding licensed attorneys. Violators would be subject to up to one year in jail and a $1,000 fine.
A third immigration bill would create a committee to examine enforcement of federal and state immigration laws. Its recommendations to the governor and leaders of the House and Senate would be due by 2008. The bill already passed in the House, and the Senate sent it to the Judiciary Committee.
However, S.392, a bill that would require businesses to participate in the Basic Pilot Program when applying for and performing state contracts appears to be losing momentum as more issues are raised about its legality and burden on business. The legislation will be up for debate next Wednesday.
Property Insurance
Sen. Glenn McConnell, R-Charleston, Senate president pro tem and chairman of the Judiciary Committee, plans to file legislation based on Louisiana law that forbids insurers from canceling policyholders who have been customers for at least three years. The bill would prohibit canceling, failing to renew, or raising the deductible on a policy in effect for three years except in circumstances such as failure to pay the premium. Insurers also could not require policyholders to have other insurance with them, such as car or life insurance. If a policy is canceled, the consumer must be given at least 100 days' notice, and if the expiration is during hurricane season, the notice must be by June 1. In addition, the bill establishes a panel of experts on hurricane loss projection to advise on whether rates fairly reflect the risks.
In related news, the US Congress is also exploring the coastal insurance issue. The House Committee on Financial Services, Subcommittee on Oversight and Investigations held a hearing on February 28 to investigate insurance-related issues in the aftermath of the 2005 Gulf Coast hurricanes. Rep. Mel Watt (D-NC), Chairman of the Subcommittee, stated that he intends to hold as many hearings as necessary to gather facts that will serve as the basis for legislation on this issue.
Transportation
This week, the House Ways and Means Committee released H 3575, a bill that would restructure and allocate $600 million to the South Carolina Department of Transportation (SCDOT) over the next five years. The bill allots $40 million to SCDOT in the first year, $80 million the second year, $120 million the third year, $160 million the fourth year, and requires that the SCDOT receive $200 million per year after that. The bill now moves to the House floor.
Eminent Domain
A study committee is putting the final touches on bills that would change how state and local governments can take property from landowners. Only a handful of agencies, including school districts, the Transportation Department and the State Ports Authority, would be allowed to take land without state approval under the proposals, expected to be finished this month.
