Home Rule Charter

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What? Why? When?

Following are questions with brief answers regarding the Home Rule Charter.  If you are interested in the complete Home Rule Charter laws, they can be found in South Dakota Codified Law 2.650 .  If you wish to access them through your internet, go to SDCL after accessing them at this address:
              http://www.state.sd.us/state/legis/lrc.htm
           

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              What is a Home Rule Charter?
Home Rule is a relationship between local government and state government in which local government can operate more independently from control by the state legislature and state administrative agencies.  The S.D. Constitution provides the option of Home Rule to allow communities to exercise more control over local matters.  It gives the voters the ability to have local control over matters affecting their community.

Why would we want to obtain a Home Rule Charter?

  • Home Rule gives local government maximum control over local matters.

  • It provides local government with sufficient powers and flexibility to compete with changing and ever-increasing local needs.

  • It reduces reliance on special legislation at the state capitol where legislators often lack understanding regarding the needs of a specific community.

  • It does not allow for any new form or type of taxation without the vote of the people.

  • It does not permit local government to lower standards of service.  It may not set standards lower or less stringent than those required by state law.


    When will we apply for a Home Rule Charter?
A Home Rule cannot be applied for until the Municipality government is in place.  As soon as the law allows after incorporation, a petition will be circulated to the community residents to apply for the Home Rule Charter through the Secretary of State.

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