By Scott Slatton, Legislative and Public Policy Advocate, Municipal Association of SC
City and town councils in South Carolina are provided with broad authority to meet the requests and needs of their residents. This authority is found in Article 8, Section 17 of the South Carolina Constitution, which states, "The provisions of this Constitution and all laws concerning local government shall be liberally construed in their favor. Powers, duties, and responsibilities granted local government subdivisions by this Constitution and by law shall include those fairly implied and not prohibited by this Constitution."
What this means is that action taken by municipal councils is presumed to be lawful unless state or federal law prohibits the action. This presumption, which is the basis for "Home Rule," has allowed cities and towns to lead policy debates that have made tremendous differences in the quality of life of South Carolina residents.
In the past, cities have led the way to better air quality in public places by passing indoor smoking restrictions. Towns across the state recognized the safety issues caused by texting while driving and enacted ordinances to ban the practice. Municipalities are using their land use authority to address the affordable housing crisis. And while cities and towns are on the leading edge of making good policy, municipal governments are sometimes thwarted by preemption of their authority at the state and federal level — specific pieces of legislation that prohibit local governments from taking action in certain areas.
From property tax caps to banning the use of certain law enforcement tools, municipal authority under the South Carolina Constitution has eroded over time. However, communication of the importance of local decision making to state legislators is a useful tool in preserving local authority.
Take local business licensing for instance. Efforts are underway in the South Carolina General Assembly to preempt local authority to levy a business license tax. Not all state legislators support the effort because their local elected officials have exercised their constitutional authority to demonstrate that preemption is unnecessary. First, cities and towns have standardized administration of their business license ordinances to use a common application, due date and license year. The mayors and councilmembers in those municipalities have also communicated clearly to their legislators the harmful effects business license preemption will have on businesses and the cities and towns where they operate.
Similarly, municipal officials are listening to their residents demanding action to slow the negative effects of vaping in their communities. Local officials are listening to their residents' and business' requests to regulate plastic pollution. But like with business licensing, legislation is pending in the General Assembly that will preempt cities and towns from meeting their residents' demands on these issues.
Certainly some issues like building codes, environmental quality standards and others deserve attention at the state level. But most issues that affect the daily quality of life of our state's residents should be addressed at the local level since local officials are most familiar with the unique qualities of their communities.
For all these reasons, it is critical that local elected officials talk with their state legislators about working together to preserve local authority and make sure legislators understand how cities and towns are directly addressing their residents' requests and how the state can assist.