The South Carolina House of Representatives unanimously passed House Bill 3661 today. This bill will provide an opportunity for residents of the unincorporated area of James Island to rejoin the Town. This is an important step forward, and we should all give a big thank you to Representative Peter McCoy for shepherding this bill though the House.
However, the companion bill in the South Carolina Senate, S. 669, must also pass. Unfortunately, the Senate (and House) finished up their business today and cannot consider the bill until next year. We will need a hearing in the Senate Judiciary Committee, get a favorable recommendation from there, and then get a vote by the full Senate. Governor McMaster must then sign the bill for it to become law.
The bill clarifies the legal definition of contiguity so that if a property is in the same special purpose district as a municipality and the property would be contiguous with the municipality but for a break in the contiguity of the special purpose district, then the property is contiguous with the municipality. This clarification only applies if the special purpose district has an elected governing body and and the municipality is entirely within the special purpose district. Contiguity is important because it is a requirement for annexation.
Annexation on James Island by the City of Charleston has created breaks in the contiguity of the James Island Public Service District (JIPSD.) The Town is entirely included within part of the JIPSD. The unincorporated areas of James Island that were in the Town in 2011 are separated from the Town by these breaks in the contiguity of the JIPSD. The bill would allow the Town to annex properties directly across these breaks either by petition of the individual property owner or else by annexation election.
Please reach out to Senator Campsen who represents the southern portion of the Town and unincorporated area of James Island and Senator Senn who represents the northern portion of the Town and unincorporated area of James Island. Thank Senator Campsen for filing a companion bill and ask both of them to work to give the former residents of the Town the opportunity to vote to return to the Town.
The JIPSD Commissioners who voted for a resolution in support of HB 3661 also deserve thanks. The previous Commissioners refusal to support this effort (and behind the scenes opposition) made things much more difficult in Columbia.
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