Legal Definitions - local option

Local option refers to the authority granted by a state government to its local governmental units, such as cities, towns, or counties, allowing them to make specific decisions or adopt particular policies on certain matters without needing direct approval from state officials. It empowers local communities to tailor regulations to their unique needs and preferences, even if the state generally has jurisdiction over that area. Essentially, the state provides a choice, or "option," for local governments to decide how to handle a specific issue within their borders.

Here are some examples illustrating local option:

• Example 1: Sunday Alcohol Sales

  Imagine a state where the general law prohibits the sale of alcoholic beverages on Sundays. However, the state legislature passes a law stating that individual counties may, by local referendum or county commission vote, choose to permit Sunday alcohol sales within their jurisdiction. One county might vote to allow Sunday sales, while an adjacent county might decide to maintain the prohibition.

  This demonstrates local option because the state isn't imposing a uniform rule across all counties. Instead, it provides each county with the option to decide for itself on this specific issue, allowing communities to reflect local values and preferences regarding alcohol sales.

• Example 2: Local Tourism Tax

  A state passes a law that permits, but does not require, any municipality with a population over 50,000 to impose a small, additional tax on hotel stays. This revenue is intended to fund local tourism promotion or infrastructure improvements. A popular coastal city, heavily reliant on tourism, decides to implement this tax, while a smaller inland city, which doesn't attract many tourists, chooses not to.

  This illustrates local option because the state isn't forcing all eligible cities to collect this tax. Instead, it provides the option for individual cities to implement it if they choose, allowing them to generate revenue for specific local needs without requiring further state approval for the tax's implementation.

• Example 3: Specific Environmental Regulations

  A state's environmental protection act sets minimum standards for waste management and recycling. However, the act includes a provision allowing individual towns or cities to adopt stricter local ordinances regarding specific environmental practices, such as mandating composting for all residents or banning single-use plastic bags. Some environmentally conscious towns might pass these stricter rules, while others might stick to the state's minimums.

  This is a local option because while the state sets a baseline, it grants local governments the choice to go beyond those minimums. A town deeply concerned about local pollution or waste might opt to implement a plastic bag ban, exercising its local discretion on a specific environmental issue, while another town might not, both operating within the state's overarching legal framework.