Week 7 2024 South Dakota Legislature Report
25th District
Representative Randy Gross
“Local Control” is a term used in a variety of circumstances. Just what is local control? When the Federal Government passes laws or makes rules, states often claim that local control is being ignored. This may be a valid point as the 10th Amendment of the U.S. Constitution says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. Counties, towns, townships, school districts and other organizations sometimes express similar local control concerns when laws or rules are considered that do not “sit well” with their view. This is often the case when funding is approved with accountability or other requirements.
With local control comes local responsibility. States want federal funding for a variety of purposes. Federal funding comes with federally imposed requirements (reduced local control). Medicaid funding and its numerus associated eligibility, accountability and monitoring requirements are an example. Counties, towns, townships, and school districts want or need state funding for projects. State funding comes with requirements (reduced local control).
Any level of organization desiring to claim local control must be willing to assume complete responsibility (funding) for their efforts.
I believe the individual or family unit is the ultimate local control situation and that all levels of government exist to serve citizens who want to participate in a system “equally open to all” as our South Dakota Constitution says. Families cannot operate, regulate or tax outside of their own family unit and as such demonstrate the ultimate example of “local control” over their destiny.
Many bills relating to CO2 pipelines have significant local control implications. SB201, provides new statutory requirements for regulating linear transmission facilities and allows counties to impose a surcharge on certain pipeline companies. In exchange for allowing counties to receive a tax on pipelines, counties would not be allowed to have or enforce pipeline setbacks.
SB201 states “This Act preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation conflicting with or preempted by this chapter.”
While this language references local governments, individuals are also negatively impacted as use of eminent domain will be much easier, further eroding your ability to enjoy and manage your own property in exchange for your county receiving some of your tax dollars! This has not been a positive legislative session regarding individual property rights (local control). Stay tuned!
It continues to be an honor to represent the 25th District. Information on the content and status of all bills is available on the state web site https://sdlegislature.gov. I can be contacted at .
