CHARLESTON — The fight to incorporate the town of James Island is continuing, but in the State House, where two bills that would ease restrictions on new cities are scheduled for debate.

The S.C. Supreme Court ruled last year that the town was created illegally because a 2000 law used to incorporate the island — a bedroom community of Charleston — was unconstitutional special legislation.

It was the second time islanders had tried to form their own municipality and the second time the high court had tossed out the incorporation. Both times the city of Charleston has opposed the incorporation.

The high court’s rulings don’t discourage “mayor-in-exile” Mary Clark, who said the state needs to clear up incorporation laws that date back to the 1970s and require towns to have 12,000 people and be farther than five miles from existing cities.

The bills erase the distance requirements and lower the required number of people to 7,000. Another bill would allow town borders to cross marshes, state roads and other public property.

Senate President Pro Tem Glenn McConnell, a sponsor of the legislation, said lawyers think they now have legislation with statewide application that will withstand court challenges. The laws don’t allow for “paper towns,” McConnell said.

The legislation requires towns to have police departments, fire halls and recreation facilities, or at least to contract for those services.

But Charleston Mayor Joe Riley has requested public hearings on the bills in the Senate Judiciary Committee.

“Looking to the future, South Carolina needs to commit its resources and energy to orderly growth,” Riley says. “A policy that fragments communities is very bad.”

The mayor said if the legislation passes and James Island incorporates for a third time, Charleston again will challenge the law.

Riley said the bills are written as special legislation that affects one part of the state, which is unconstitutional. McConnell disagrees. He said the bills are general application laws and would apply to dozens of communities.

About all that’s left of the town of James Island is an answering machine with a hopeful message from Clark.

“We are currently working on a third incorporation,” Clark says in the phone greeting.