Legislative eNews-September 24, 2007

STATE

New Immigration Rules Thrown into Question
 
On August 15, 2007, the Department of Homeland Security (DHS) issued a final rule on the long-awaited "no-match letter" regulation proposed over a year ago.  The new regulation outlines the procedures an employer must follow upon receipt of a letter from the Social Security Administration (SSA) indicating that SSA records do not match the Social Security information the employee provided on the W-4 form.  It also addresses procedures to be followed after receiving a "Notice of Suspect Documents" from DHS concerning the immigration status of a particular employee.  The new regulation is designed to aid employers by offering a step-by-step process for resolving no-match letter issues and to help the federal government identify and penalize employers who knowingly employ illegal workers. 
 
Although the regulation was scheduled to go into effect on September 14, 2007, the District Court of Northern California recently issued a Temporary Restraining Order precluding the Department of Homeland Security and Social Security Administration from implementing the regulation. Plaintiffs challenging the regulation include the ACLU, National Immigration Law Center, and a group of labor and trade councils.  A preliminary injunction hearing is scheduled for October 1, 2007, and implementation of the no-match regulation will likely hinge upon the outcome of the hearing.

LOCAL

SCDOT Considers Transferring Roads to Counties

The South Carolina Department of Transportation is studying a plan to give responsibility for some state-owned roads to counties.  Highway Commissioner Joe Young, who represents all or part of Berkley, Charleston, Dorchester, Georgetown and Horry Counties, has instructed SCDOT staff to examine the impact of transferring lesser used roads to the counties in the state. South Carolina has one of the largest state road systems in the country and many of the roads do not qualify for federal funding.  Commissioner Young has suggested transferring dirt roads, parking lots, neighborhood roads, and driveways. 

Governor Signs Workers' Compensation Order

On Thursday, Governor Mark Sanford signed an Executive Order requiring the Workers' Compensation Commission to use widely accepted and objective American Medical Association (AMA) guidelines or other objective standards in determining levels of disability based on specific injuries. Sanford's order directs workers' compensation commissioners, whom he appoints, to confirm in writing starting Jan. 1 that they are using objective standards to award payments.

South Carolina now joins the 32 other states that follow AMA guidelines or other objective standards, a decision that the business community has encouraged in order to bring predictability and stability to the workers' compensation system. The National Council on Compensation Insurance (NCCI), a U.S. insurance rating and data collection bureau specializing in workers' compensation, predicts that in South Carolina's $800 million workers' comp system, businesses should save about 9 percent, or $72 million. This will allow employers to do things like expand, create new jobs, and enhance employee benefits like health insuranccoverage.Opponents of the order are likely to file a lawsuit. 

Upcoming Chamber Events
 
 

Chamber Offers Trip to China

China Adventure Trip Briefing is scheduled for
Tuesday, October 2, 6-7 p.m.
The Crowne Plaza Resort at Shipyard Plantation
Come learn more about the China Adventure!
    To register for the trip briefing, call Lynn Ramirez at 341-8374.

It is a perplexing land of huge proportions and baffling contrasts. It may be the world's oldest civilization, but today, China is known for a booming economy and its increasing world power. The Hilton Head Island-Bluffton Chamber of Commerce invites you on The China Adventure: A Business Leadership Tour.
The 9-day adventure includes visits to Beijing, Changhai and many other cities. Travel arrangements from JFK International Airport, lodging, and meals are all included in the package price of $1,699. This excursion is action-packed with the sights, sounds, and flavors that are both modern and reach back thousands of years.
 

The trip is for chamber members, family, friends, and other residents of the entire region. Learn more at www.hiltonheadisland.org.