TRAFFIC
Horry may fight
state over home rule Red light debate
is latest in county's control struggle By Travis Tritten The Sun News
It seemed controversial red light cameras were a dead issue in
Horry County when, a week ago, a state Senate committee rejected a
law allowing the systems.
Now, the cameras have been resurrected and passed by the Senate
Transportation Committee, again opening the possibility the county
could set up surveillance systems at crash-prone intersections.
Horry County roads are among the most dangerous in South Carolina
and the on-again, off-again camera debate has hit a sore spot for
County Council: its lack of power to use creative methods for
improving public safety and raising revenue for public services.
State laws recently made regulation of fireworks, billboards and
impact fees more difficult for Horry County.
The red light cameras also are a good example of the state
trumping local control, Council Chairwoman Liz Gilland said.
"If Horry County decided it needed to use those to increase
public safety, it ought to be our say," she said.
State lawmakers pass laws limiting county power, but the measures
are meant to protect taxpayers from local governments that might be
too eager to tax and spend, said state Rep. Thad Viers, R-Myrtle
Beach.
The General Assembly empowered counties with the Home Rule Act of
1975, which sets the structure of councils and outlines counties'
obligations to residents. Before that, powerful state senators
controlled much of what happened at the local level.
It was an Horry County lawsuit that launched home rule, according
to the S.C. Association of Counties. Now, Horry County might
consider a lawsuit against the state that would force the courts to
clarify its home rule powers, Gilland said.
"It is much better [since 1975], but the tendency over the last
decade is the state wants to put more and more restrictions on the
counties," Gilland said. "The bottom-line issue is, does the county
have the right to govern itself?"
Councilman Mark Lazarus said there are increasing limitations on
counties, particularly state legislation that keeps counties from
banning fireworks.
There are options open to Horry County other than a lawsuit
against the state.
"I think that is something we are going to have to work much
harder with our [state] delegation on," Lazarus said. "I think that
is the way you need to do it."
Meanwhile, the state legislature is moving on more laws that will
take power away from county councils, according to the S.C.
Association of Counties.
"The billboard legislation, which just passed the House, would
make it horribly expensive [for counties] to remove billboards,"
said Bo Shetterly, attorney for the association.
Next week, the Senate will consider a bill that bars counties
from issuing permits that are more restrictive than state
guidelines, which could damage local planning and zoning efforts,
Shetterly said.
"Recently, there has been more legislation that has been
introduced [in Columbia] that would restrict the flexibility of
local governments, particulary in land use and planning," he
said.
The Association of Counties lobbies state lawmakers to provide
more autonomy, but counties must adhere to restrictions created in
Columbia, Shetterly said.
Viers said he supports local government but the General Assembly
must rein in those counties that would abuse their powers.
"Horry County is an example of a good county government. They are
the exception," Viers said. "A lot of these smaller counties that
don't have a big tax base do everything they can do to milk
taxpayers to increase their revenues."
The state is receiving decreasing revenues but manages to provide
services, and counties could do the same, he said.
"County governments need to make smart decisions on balancing
their books like a family of four would," Viers said.
|