Tuesday, April 8, 2014

Senate Bill 723 Passes Senate Judiciary Committee

Senate Bill 723 was before the Senate Judiciary Committee Tuesday afternoon.   It was amended to require an initial referendum in the remainder of the public service district to be paid for by the municipality.   The amended version received a favorable recommendation by a vote of 14 to 6.    It could go to the Senate floor in a matter of days.

Mayor Pro-tem Leonard Blank, Town Administrator Ashley Kellahan, JIPSD Commissioner Carter McMillan and I all drove up together.   JIPSD Attorney Trent Kernodle and his wife Kay were there as well.

There were many bills on the agenda.   The Chairman, Senator Martin, said that if anyone had any objection to any bill, they should say so right away so that they would be carried over.  That means they will postpone consideration and go right to bills where there is no controversy.   Immediately, Senators raised objections to various bills, and "without objection," they carried them over.   From what the Chairman said, it seemed to me that meant the bill was dead for this year, and maybe forever.

Then came Senate Bill 723.   Senator Scott of Richland County said he objected to our bill.  The Chair then said that "without objection," the bill should be "carried over."

Senator Thurmond objected.   He said that we should debate the bill now.   He pointed out that there were people here who had driven for hours multiple times (us,) and the Committee should vote on it.   He said that the Committee should send it to the Senate floor.  Senator Kimpson, from Charleston, said that he objected to the bill as well.   (Senator Kimpson recently replaced Senator Robert Ford.)

Senator Thurmond said that there had been several subcommittee meetings and that the subcommittee had resolved all of the problems different interest groups had with the bill other than the Coastal Conservation League.  

The Senators raising the objections didn't have any specific problems with the bill.   Senator Scott had concerns with annexation in Richland County and wanted someone to explain the bill.   Senator Kimpson said that he had some calls in opposition to the bill, but said nothing about what concerns were raised.

Senator Massey of Aiken County, who had chaired the subcommittee, explained the bill.    He did a good job.  Thank you Senator Massey.

Senator Chip Campsen, who represents the southern part of James Island and is also on the Judiciary Committee, spoke out in favor of the bill.   He spoke in support of reuniting the Town of James Island.   He said that he had worked with Senator McConnell to get the bills passed that allowed the Town to be reincorporated.  He explained that this was the fourth time the Town was incorporated but that a substantial part of the Town was left out.   He explained that this bill had a rational basis and so should survive a court challenge.

Please thank Senator Thurmond and Senator Campsen for their support.

While the bill received a favorable recommendation, there will be a minority report opposing the bill.   This means it goes onto the contested agenda.   It was always going to be difficult to get it to pass the full Senate, but it will be even more challenging now.

After the vote, the James Islanders left the Committee meeting room.  The Judiciary Committee continued on to other items on its agenda.   Our group went around the corner to talk to our lawyer, Danny Crowe.    After a bit, I looked back, there was a Senate staffer, Paula Benson and Trent Kernodle trying to explain the bill to Senator Scott, who had objected.   While they were talking, Senator Kimpson appeared.   He had also objected.  I introduced myself and told him I would be glad to talk to him about the bill.  He said that he would talk to his good friend Senator Thurmond about the bill.    I asked him who called him in opposition.   He said it was the Coastal Conservation League and then two people from James Island.   I exchanged contact information with his staffer.   By that time, Senator Scott had gone back to the meeting room, so I didn't get a chance to speak to him.   Sentator Kimpson also spoke briefly to Trent Kernodle and exchanged contact information.

I really appreciate that the JIPSD's attorney, Trent Kernodle, is helping make this bill work.   Please give him a big thank you.

Representative McCoy will be amending the House version of the bill to make it consistent with the Senate version and has asked for a committee hearing in the House.   I guess we will all be making the trek to Columbia another time.

What will the bill do?

If the bill passes, then after January1, 2016, the James Island Public Service District Commissioners can hold a public hearing, and then petition the Town of James Island to annex the remainder of the District.   There would be a referendum in those parts of the James Island Public Service District that are not currently in the Town.   That would include all the areas the Town lost in 2011--Riverland Terrace, Woodland Shores, Central Park, Laurel Park, Dogwood Park, Sucessionville, Grimball, Riverside, Sol Legare, and Oak Island.   If the majority vote to rejoin the Town, then the Town is reunited.   The JIPSD would continue to provide fire protection, solid waste collection, and sewer service within the reunited Town.   Voters in the reunited Town would continue to vote for JIPSD Commissioners as well as Town Council and Mayor.   Any move to reorganize so that the Town provides some or all of those services would require another referendum by the voters of the entire reunited Town.

For this to pass the Senate, we will need your help.   Please watch for more information.

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