Posted on Sun, Mar. 06, 2005
TRAFFIC

Horry may fight state over home rule
Red light debate is latest in county's control struggle

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.


Contact TRAVIS TRITTEN at 626-0303 or ttritten@thesunnews.com.




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