James Island Messenger Correction

The February 26 issue of the Messenger reported on the subcommittee hearing about Senate bill 723 in Columbia on February 19.  The story included, “Furthermore, should they choose to do so, the legislation provides for the municipality in question to take over the services provided by the special purpose district themselves .”   However, nothing in Senate Bill 723 or the companion House Bill 4265, provides any new authority for a municipality to take over the provision of services.    Municipalities already have that power.  SC  5-3-310 already states in part, “(1) At the time of annexation or at any time thereafter the municipality may elect at its sole option to provide the service formerly provided by the district within the annexed area.”      

What does the proposed amendment do?   It simply gives special service districts, like the JIPSD, an additional power.   If a municipality already includes the majority of the voters or population of a district, as does the Town of James Island, then the special service district may request that the remainder of the district be annexed to the municipality.   This annexation may occur even if there are breaks in the district’s contiguity.   If the amendment passes, the JIPSD Commissioners could, should they choose to do so, reunite the Town by simply asking the Town to annex all of those citizens left out in the 2012 incorporation.

Those unaware of the existing law might be confused by an additional protection for special purpose districts in the amendment.    That provision states "(C) If the remainder of the district is annexed by the municipality according to the provisions of subsection (B), any plan for the transfer of services from the district to the municipality described in Section 5-3-311 through 5- 3-315, shall be formulated after all areas of the district have had an opportunity to vote for the election of municipal officers."   This provision does not give municipalities any new power to take over services from a district.  That power already exists.  The clause limits the power of a municipality by imposing a delay.   If it were stricken, municipalities could begin taking over the provision of services immediately.  

In my view, the responsibility for the provision of various services should be determined by the voters of James Island.    If the people of James Island want to make changes, they should elect JIPSD Commissioners and a Town Council and Mayor that both support making changes.   I do think it is only fair that the former citizens of the Town have a chance to vote for Council and Mayor before any changes are proposed.   But I have no plan to propose any such changes and hope that we will be reunited soon, so that there will be many elections of Council and Mayor and District Commissioner before this becomes an issue.