PIERRE, S.D. (KELO) — Believe it or not, the community of Black Hawk, northwest of Rapid City, has never officially incorporated as a municipality.

But that soon might change.

Legislation clearing the way received final approval on Monday from the South Dakota Senate.

The 22-11 vote sends HB1127 to the desk of Governor Kristi Noem for her decision on whether it should become state law.

The House of Representatives had approved it 58-11 on January 31.

The legislation changes current law so that Black Hawk could exist as a municipality separate and independent from the neighboring city of Summerset.

David Reiss, executive director for the South Dakota Municipal League, and Summerset Mayor Melanie Torno spoke against the bill at its House hearing. They returned as opponents again at the Senate committee hearing and were joined by South Dakota Association of County Commissioners lobbyist Eric Erickson.

But the lead Senate sponsor, Republican David Johnson, said on Monday there is “no dispute” between the two communities.

Republican Sen. Jim Bolin disagreed. “It’s a local dispute between Black Hawk and another incorporated area,” Bolin, a past mayor of Canton, said. He warned that other communities could try to use the change, too.

Said Republican Sen. Tim Reed, a past mayor and city council member in Brookings, “The biggest problem here is it changes rules in the middle of the game.”

Johnson defended the community’s attempt to now incorporate.

“This is local government at its finest,” Johnson said. “Let’s honor their request. Let’s let them go to work.”