South Carolina Constitution Article VIII - Local Government
South Carolina Constitution – Article VIII: Local Government
Summary:
Article VIII of the South Carolina Constitution governs the structure, powers, and functions of local government, including counties and municipalities. It emphasizes home rule, enabling local governments to manage their own affairs while maintaining alignment with state law. The article aims to decentralize authority and enhance local self-governance.
Key Sections and Provisions:
Section 1 – Creation of Political Subdivisions
The General Assembly is responsible for creating political subdivisions like counties and municipalities.
Each must be governed by elected officials.
Section 2 – Powers of Local Government
Local governments have legislative powers set by the General Assembly.
The General Assembly must provide for powers and duties of political subdivisions and establish procedures for their operation.
Section 3 – Home Rule
Empowers counties and municipalities to adopt home rule authority through state-enabling legislation.
Local governments can enact ordinances not inconsistent with state law.
Section 4 – Governmental Forms
Counties may adopt various forms of government as prescribed by law (e.g., council, council-manager, etc.).
Section 5 – Fiscal Authority
Local governments have limited taxing and spending powers.
The General Assembly must enact laws for the assessment and collection of taxes and the borrowing of money.
Section 6 – Special Purpose Districts
Addresses special purpose and public service districts.
The General Assembly may create, consolidate, or abolish them and define their powers and boundaries.
Section 7 – Intergovernmental Agreements
Local governments may enter into agreements for joint administration or services with other governments, subject to state law.
Section 8 – Uniformity
Requires laws relating to the structure and powers of local governments to be uniform within classes of local governments (e.g., all counties or all municipalities).
Purpose and Significance:
Article VIII reflects South Carolina's commitment to decentralized government. By recognizing the autonomy of local governments under a structured legal framework, the state ensures that counties and municipalities can better respond to local needs while operating within a unified constitutional system.
RELATED Blog
0 comments