The bill, sponsored by Senate President Pro Tem Glenn McConnell, R-Charleston, seeks to remove a clause in state law requiring a distance of five miles between municipalities.
Officials from James Island are involved in a lawsuit with the city of Charleston that has reached the South Carolina Supreme Court. If it wins, the municipality reborn in 2002 will continue uninterrupted.
Should the Supreme Court shoot down the island's bid for self-determination, McConnell's bill could breathe new life into its fight.
"If the court rules against it, the town would have to go away," said Trent Kernodle, a lawyer representing James Island in their lawsuit. "But if this bill passes, they would be able to reform and go through the process again. And they would. But what a waste of time and money."
Kernodle also represents the communities of New Hope and Taylors, both of which are struggling to incorporate under state law.
According to Gary Cannon, director of intergovernmental relations for the Municipal Association of South Carolina, there are several exceptions to the "five-mile" rule. James Island's bid for township hinges on one such exception.
According to state law, an area with a population exceeding 15,000 is allowed to incorporate. To meet the population requirement, James Island was forced to connect its township across marshes and waterways, a move that required legislation allowing the township and Charleston to share the waterways.
This was deemed unconstitutional by a circuit court judge last year.
If the Supreme Court upholds that ruling, the town will have to turn to McConnell's bill.
Several players in this fight met last week for the Senate Judiciary subcommittee meeting chaired by state Sen. John Kuhn, R-Charleston.
"This five-mile rule is entirely arbitrary," Kuhn said in an interview Monday. "And anytime you have an arbitrary barrier to progress, there is a problem."
Kuhn said this issue boils down to a philosophical belief in home rule.
"Why should we at the state level dictate to a community how they want to govern themselves," he said. "I am a big believer in home rule, as long as it doesn't get out of hand."
That's just what Cannon fears. He said the crafters of the original legislation left in several exceptions on purpose.
"There is nothing wrong with self-governance," he said. "But there needs to be some checks and balances, and that's exactly what's in place now."
Charleston officials say it makes no sense to add an extra layer of government to James Island and that it is important for Charleston to be able to expand there. They say the city is healthy economically because it has been able to expand beyond its urban core by annexing such suburbs.
Cannon said that is good for the region.
"Cities are the economic engine of their areas," he said.
To James Island Mayor Mary Clark, the fight is about self-determination.
"Everyone who wants it should have it," she said. "We're giving it to Iraq aren't we? Why can't James Islanders have it?"
Clark, a resident of James Island for 54 years, has grown used to the fight. She says the people who inhabit the island have never wanted to be a part of Charleston.
"America is about little towns and villages," she said. "They just don't get it."
McConnell's bill likely will speed though the Judiciary Committee, which he heads, and end up on the Senate floor in the next few weeks. Kuhn says he doesn't expect much opposition to it.
The Supreme Court is expected to begin hearing oral arguments on James Island's case in March.
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