Article clipped from Mission Todd County Tribune

by Lyn Gladstone West River Editor of the Rapid City Journal The unique problems facing unorganized South Dakota countries and those to which they are attached could and probably will be solved by the state legislature, according to Rep. Joel Rickenbach, Oelrichs. The problems result from a federal court ruling. Rickenbach, a resident of Fall River County (to which Shannon County is attached), told the Journal recently, ‘*The federal 8th Circuit Court of Appeals decision (overturning a South Dakota Central Division Court ruling granting residents of unorganised counties the right to vote in electing officers of the counties to which they are attached was wrong “It was made without deter mining the wishes of the people in either county,”’ Rickenbach said. ‘‘However, the legislature did likewise when it attacked the unorganized counties. It did so to accommodate them but without considering the wishes of the other “I therefore do not believe the matter of legislation for a limited area will be a problem,’ Ricken bach said. “The legislature has always considered special legislation, for some cities and counties, and it acted for the Nemo area on the matter of strip mining last year In this case, at least in part, it created the problem, so I am confident it will want to correct it.” He also pointed out that, under the plan of severing the counties as proposed by Fall River County States Atty. Rolan Grosshans, the taxpayers of Shannon County would be protected under the same tax levy limitations set by state law, as other counties. In the case of unorganized counties, this is seven mills except for road, school and some miscella neous purposes, which goes to the unorganized counties as to which they are attached as opposed to 10 mills in support of such government in the organ ized counties. . In 1974, Tax levies for county purposes in Shannon County totales 17.69 mills ¢6.15 for general fund, .22 for the handi capped, 1.87 for road, 2.99 for bridges, 5.81 for salaries set by state law on such deputies as needed to handle the county's business, .28 for fire protection and .37 for weed control). That compared with 16.53 mills in Fall River County where levies are permited for som purposes. The higher rate Ickenbach pointed out, is sn to the fact that the majors County's Indian such taxes. ‘‘Slightless than 1 per cent of all langa Shannon County is deeded non-trust vendita is stil the same levies. — Ricxenbach said therefore believes that the sacred, unor ganized counties wuld not go broke if they contact needed ones. Shannon C District now ma plying to distri counties while its punty high way board, the only board in the couny, has its limited levy include in the total for the county. The legislator sa#1, however, that, if the unorganzed county, administered under its existing highway board whic would have such authority and Grosshaw’s proposal, contrac for law enforcement serces, ‘‘there would be a mess resulting from confused state, trilogy and federal jurisdiction. In the case, South Dakota voters made a mistake when they defeated the constitu tional amendment to bring the reservations under state juris diction . Rickenbach also pointed out that the Shannon-Fall River situation, as compared with the Todd-to-Tripp and Washabaugh to-Jackson attachments, is the only one in which there is “a discrepancy in votes in that the unorganized county has the larger population. ‘In theory, Shannon County voters could now outvote Fall River's and elect an Indian sheriff who would appoint all Indian deputies, and other offi cers who could spend mostly Fall River funds “There is also the matter of paying for court services under the new unified state court sys tem, Rickenbach concluded. “‘If circuit court costs are proprated to the counties as now planned on a per capita basis, Fall River taxpayers will be picking up that share of costs not paid in taxes on 85 per cent of the land and a large portion of the personal moore in Shannon County is another inequity. Ian that the state picks up 100 per cent of the costs, but that is up to the legislature. l additional
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Mission Todd County Tribune

Mission, South Dakota, US

Thu, Jan 01, 1976

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