The prayer was offered by the Chaplain, Sunshine Minzlaff, followed by the Pledge of
Allegiance led by House pages Anna Cronin, Larissa Friesen, Anthony Gosch, and Brandon
Pennock.
Roll Call: All members present except Reps. Feickert, Feinstein, Iron Cloud III, Schrempp,
Steele, and Van Gerpen who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1056 and 1058 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1020 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1028 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1001 and returns the same with the recommendation that said resolution be amended as
follows:
I have the honor to transmit herewith SB 2, 7, 12, 18, 26, 27, 28, and 53 which have passed
the Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 1 Introduced by: Representatives Abdallah; Blake;
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen, Jon; Hawley; Hickey;
Hoffman; Hubbel; Hunhoff, Bernie; Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson,
Stace; Novstrup, David; Olson, Betty; Perry; Rausch; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-seventh Legislature of the State of South Dakota to Kyle Cosman, Anna
Cronin, Larissa Friesen, Anthony Gosch, Leah Herman, Preston Liedtke, Matthew Mielke,
Samantha Neumann, Brandon Pennock, Meredith Powers, Danae Schaefers, Andie Shuck,
Timothy Sternhagen.
WHEREAS, the above named served loyally as pages for the House of Representatives
of the Eighty-seventh Legislative Session; and
WHEREAS, the members of the Eighty-seventh House of Representatives express their
most sincere appreciation to these young people for their service to the state; and
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Moser moved that House Page Resolution 1 be adopted.
Which motion prevailed and the resolution was adopted.
HCR 1001 Introduced by: Representatives Gibson, Fargen, Kirkeby, Perry, Romkema,
Turbiville, and Wismer and Senators Buhl, Frerichs, Maher, and Peters
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that the reports of the Standing Committees on
Judiciary on HB 1021 as found on page 50 of the House Journal; also
Transportation on HB 1031 as found on page 51 of the House Journal be adopted.
Which motion prevailed.
HB 1074 Introduced by: Representatives Dennert, Cronin, Feickert, Hoffman, Kirschman,
Kloucek, Olson (Betty), Schaefer, and Wink and Senators Cutler, Brown, and Frerichs
FOR AN ACT ENTITLED, An Act to exempt certain counties from restrictions relating
to the taking of muskrat.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to allow certain property tax documents to be
transmitted electronically.
Was read the first time and referred to the Committee on Taxation.
HB 1076 Introduced by: Representatives Dryden, Kirkeby, and Schrempp and Senators
Tieszen, Bradford, Haverly, and Kraus
FOR AN ACT ENTITLED, An Act to retain certain members of municipal governing
bodies in office following the redistricting of municipal wards.
Was read the first time and referred to the Committee on Local Government.
HB 1077 Introduced by: Representatives Dryden, Bolin, Conzet, Cronin, Kirkeby,
Munsterman, Scott, and White and Senators Rampelberg, Haverly, Juhnke, Schlekeway, and
Tieszen
FOR AN ACT ENTITLED, An Act to authorize municipalities to establish incidental
accounts.
Was read the first time and referred to the Committee on Local Government.
HB 1078 Introduced by: Representatives Dennert, Cronin, Hoffman, Schaefer, and
Sigdestad and Senators Hundstad, Begalka, Putnam, and Rhoden
FOR AN ACT ENTITLED, An Act to allow certain structures or facilities previously used
as an elevator to be classified as agricultural property.
Was read the first time and referred to the Committee on Taxation.
HB 1079 Introduced by: Representatives Kirkeby, Schrempp, and Turbiville and Senators
Nelson (Tom) and Bradford
FOR AN ACT ENTITLED, An Act to revise certain publication date citations for
references to the International Building Code.
Was read the first time and referred to the Committee on Commerce and Energy.
FOR AN ACT ENTITLED, An Act to waive certain licensure requirements to hunt fox
and coyote with firearms.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1081 Introduced by: Representatives Olson (Betty), Greenfield, Hubbel, Jensen, Jones,
Kopp, Russell, and Venner and Senators Rhoden, Maher, and Sutton
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the killing of
any mountain lion to protect human life, livestock, or pets.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1082 Introduced by: Representatives Olson (Betty), Greenfield, Hubbel, Jensen, Jones,
Kopp, Russell, and Venner and Senators Maher and Sutton
FOR AN ACT ENTITLED, An Act to provide certain exceptions to Department of Game,
Fish and Parks promulgated rules pertaining to the taking of mountain lions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1083 Introduced by: Representatives Olson (Betty), Jensen, Kirkeby, Kopp, Lucas,
Russell, Venner, and Verchio and Senator Maher
FOR AN ACT ENTITLED, An Act to to provide for term limits for brand board service.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1084 Introduced by: Representatives Olson (Betty), Jensen, Kirkeby, Kopp, Lucas,
Venner, and Verchio and Senator Maher
FOR AN ACT ENTITLED, An Act to revise the political qualifications for brand board
membership.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to revise the residency requirements of the brand
board membership.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1086 Introduced by: Representatives Olson (Betty), Conzet, Greenfield, Haggar,
Hubbel, Jensen, Kirkeby, Kopp, Liss, Magstadt, and Russell and Senators Cutler and Peters
FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to establishing
identity by applicants for certain licenses, permits, and identification cards.
Was read the first time and referred to the Committee on State Affairs.
HB 1087 Introduced by: Representatives Olson (Betty), Kopp, Russell, Venner, and
Verchio and Senators Begalka, Juhnke, Maher, Novstrup (Al), Rhoden, and Sutton
FOR AN ACT ENTITLED, An Act to limit the terms of certain conservation easements.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1088 Introduced by: Representatives Street, Bolin, Deelstra, and Rausch and Senators
Krebs, Frerichs, and Nelson (Tom)
FOR AN ACT ENTITLED, An Act to revise certain requirements for charging and
collecting certain fees for confining certain people in the county jail.
Was read the first time and referred to the Committee on Local Government.
HB 1089 Introduced by: Representative Fargen and Senator Frerichs
FOR AN ACT ENTITLED, An Act to restrict certain state purchases of gasoline to ethanol
blends.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to provide for the issuance of deer hunting licenses
to certain landowners for use by family members.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1091 Introduced by: Representatives Hoffman, Deelstra, Dennert, Greenfield, Moser,
Olson (Betty), Schaefer, and Turbiville and Senators Nygaard, Brown, Hundstad, and Maher
FOR AN ACT ENTITLED, An Act to revise the issuance of temporary nonresident
waterfowl licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1092 Introduced by: Representatives Hoffman, Cronin, Dennert, Greenfield, Hansen
(Jon), and Turbiville and Senators Nygaard and Hundstad
FOR AN ACT ENTITLED, An Act to authorize the sale of nonresident duck hunting
licenses in certain counties.
Was read the first time and referred to the Committee on State Affairs.
HB 1093 Introduced by: Representatives Lust, Cronin, Gosch, Rausch, and Wink and
Senators Olson (Russell) and Brown
FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the general
fund of school districts.
Was read the first time and referred to the Committee on State Affairs.
HB 1094 Introduced by: Representatives Hunt, Abdallah, Feinstein, and Gosch and
Senators Schlekeway, Krebs, and Nygaard
FOR AN ACT ENTITLED, An Act to require the filing of certain documents relating to
the vacation, location, or changing of highways with the register of deeds.
Was read the first time and referred to the Committee on Local Government.
FOR AN ACT ENTITLED, An Act to revise the procedure for the discharge of civil
judgments against a person who has received a discharge of debt pursuant to the United States
Code, Title 11.
Was read the first time and referred to the Committee on Judiciary.
HB 1096 Introduced by: Representatives Hunt, Abdallah, Deelstra, Feinstein, Kirkeby,
Novstrup (David), Perry, and Solum and Senators Cutler, Buhl, Frerichs, and Peters
FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals involving
home-rule municipalities.
Was read the first time and referred to the Committee on Judiciary.
HB 1097 Introduced by: Representatives Novstrup (David), Hawley, Hoffman, Kirkeby,
Kirschman, and Solum and Senators Johnston, Krebs, Rampelberg, and Sutton
FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the investment
of unneeded state operating expenses in banks.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1098 Introduced by: Representatives Stricherz, Jones, Kloucek, Lucas, and Moser and
Senators Bradford, Begalka, and Buhl
FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the tolling
of administrative rules dealing with underground injection control Class III wells and in situ
leach mining relating to uranium.
Was read the first time and referred to the Committee on State Affairs.
SB 2: FOR AN ACT ENTITLED, An Act to repeal and to make style and form revisions
to certain provisions related to the Department of Human Services.
Was read the first time and referred to the Committee on Health and Human Services.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 12: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2011.
Was read the first time and referred to the Committee on Judiciary.
SB 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the first time and referred to the Committee on Taxation.
SB 26: FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to
earnest money paid in a cooperative or cobrokerage real estate transaction.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 27: FOR AN ACT ENTITLED, An Act to revise disciplinary action remedies of the
Cosmetology Commission.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 28: FOR AN ACT ENTITLED, An Act to revise provisions regarding the renewal
process for certain third party insurance administrators.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 53: FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to
require certain accident reports to be filed by electronic means.
Was read the first time and referred to the Committee on Judiciary.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1050 and 1052 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1047 and 1049 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1046 and returns the same with the recommendation that said bill be amended as follows:
Rep. Kloucek requested that HB 1012 be removed from the Consent Calendar.
Which request was granted.
Was read the second time.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott;
Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1019: FOR AN ACT ENTITLED, An Act to revise the license fee for snowmobiles
and to revise the period of such license.
Was read the second time.
The question being "Shall HB 1019 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott;
Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1032: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
temporary permit for a specialty license plate with an organization or first responder decal.
Was read the second time.
The question being "Shall HB 1032 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott;
Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1014: FOR AN ACT ENTITLED, An Act to prohibit false statements on applications
for certain loans, grants, or other financial assistance and to provide a penalty therefor.
Was read the second time.
The question being "Shall HB 1014 pass?"
And the roll being called:
Yeas 61, Nays 3, Excused 6, Absent 0
Nays:
Greenfield; Russell; Tornow
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1022: FOR AN ACT ENTITLED, An Act to revise certain parole hearing provisions
regarding inmate compliance, waivers, and teleconferencing.
Was read the second time.
The question being "Shall HB 1022 pass?"
And the roll being called:
Yeas 62, Nays 2, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly;
Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Russell; Tornow
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1023 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott;
Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1025: FOR AN ACT ENTITLED, An Act to make aggravated incest a violent crime
for purposes of setting an initial parole date.
Was read the second time.
The question being "Shall HB 1025 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott;
Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1039: FOR AN ACT ENTITLED, An Act to exempt certain impaired driving
violations from the statutory limitation on enhanced penalties for second, third, or subsequent
violations.
Was read the second time.
" Any enhanced penalties imposed for offenses pursuant to the provisions of chapter 32-23
shall be appropriately adjusted if a prior conviction is subsequently modified or reversed.".
Rep. Hansen requested that Joint Rule 5-17 be invoked on HB 1039.
Which request was supported and HB 1039 with Rep. Tornow's pending motion to amend
was deferred until Tuesday, January 24, the 8th legislative day.
HB 1003: FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and
decreases that may be made to the total taxable value of cropland and noncropland.
Was read the second time.
The question being "Shall HB 1003 pass?"
And the roll being called:
Yeas 56, Nays 8, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden;
Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman;
Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville;
Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Feickert; Feinstein; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1011: FOR AN ACT ENTITLED, An Act to revise the definition of domestic use of
water.
Was read the second time.
The question being "Shall HB 1011 pass?"
And the roll being called:
Yeas 62, Nays 1, Excused 7, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Hansen (Jon); Hawley; Hickey; Hoffman;
Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss;
Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson
(Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Street;
Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen;
Wink; Wismer; Speaker Rausch
Nays:
Hubbel
Excused:
Feickert; Feinstein; Haggar; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1013: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes regarding
the Department of Environment and Natural Resources.
Was read the second time.
The question being "Shall HB 1013 pass?"
And the roll being called:
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Hansen (Jon); Hawley; Hickey; Hoffman;
Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss;
Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson
(Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Stricherz;
Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Speaker Rausch
Nays:
Hubbel; Street; Wismer
Excused:
Feickert; Feinstein; Haggar; Iron Cloud III; Schrempp; Steele; Van Gerpen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HC 1004 Introduced by: Representatives Blake, Abdallah, Boomgarden, Brunner, Deelstra,
Dennert, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Hawley, Hunhoff (Bernie), Jones,
Killer, Kirschman, Kloucek, Lucas, Magstadt, Munsterman, Perry, Rausch, Rozum, Schrempp,
Sigdestad, Sly, Street, Turbiville, and Wismer and Senators Schlekeway, Buhl, Frerichs,
Heineman, Hundstad, Johnston, Maher, Tidemann, Tieszen, and Vehle
to close the achievement gap between Lakota students and their non-Native peers and have an
impact on their students reaching far beyond the classroom; and
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:09 p.m. the House adjourned.
CONSTITUTIONAL PROVISIONS
S1-2. Presiding officer in absence of president and president pro tempore. If the president
and the president pro tempore are absent or unable to serve, any member called to the chair by
the Senate may serve as presiding officer. When in session, the presiding officer, in the absence
of the pro tempore, may designate any member to perform the duties of the presiding officer,
but the designation may not extend beyond an adjournment. The acts of such a member have
the same validity as those of the president.
S2-2. Seating assignments. The president pro tempore of the Senate, with the advice of the
minority leader, shall make the seating assignments for the floor of the Senate.
S2-3. Hour of meeting. The hour of meeting of the Senate is 2:00 p.m. on each legislative day
unless otherwise ordered by the Senate.
1. Agriculture and Natural Resources (9)
2. Appropriations (9)
3. Commerce and Energy (7)
4. Education (7)
5. Government Operations and Audit (5)
6. Health and Human Services (7)
7. Judiciary (7)
8. Legislative Procedure (7)
9. Local Government (7)
10. Retirement Laws (5)
11. State Affairs (9)
12. Taxation (7)
13. Transportation (7)
The president of the Senate is an ex officio member of the committee on legislative procedure.
S4-2. Chairs of standing committees. The president pro tempore of the Senate shall serve
as the chair of the legislative procedure committee. For other committees, the member of a
committee announced first is the chair. In the absence of the chair, the member announced next
shall act as chair, and so on as often as necessary.
S4-3. Referral of bills to committee. Upon the first reading of a bill, the president pro
tempore of the Senate or his designee shall assign that bill to an appropriate committee for
hearing.
S5-2. Proceedings governed by Mason's Manual. Mason's Manual of Legislative Procedure
governs the proceedings of the Senate in all cases not covered by these rules or the Joint Rules.
S5-3. Conflicting rules. If the Senate rules and the Joint Rules conflict, the Senate rules
govern.
S6-2. Approval of consent calendar is final disposition. Notwithstanding Joint Rule 13-4,
after allowing a reasonable time for questions from the floor on the bills and resolutions on the
consent calendar and after permitting the proponents to answer the questions, the president of
the Senate shall call for a vote on the consent calendar. Approval of the consent calendar by a
majority of the members-elect of the Senate is considered final disposition of all the bills and
resolutions on the consent calendar.
S7-2. Time for taking final action. Final action on nominations by the Governor may not be
taken until the second legislative day after receiving the nomination. This rule does not apply
to a nomination received during the three final legislative days.
S7-2.1. Uncontested nomination on consent calendar. Each standing committee may report
an uncontested nomination out of committee with recommendation that it be placed on the
consent calendar where it shall be subject to Joint Rules 13-2, 13-3, and 13-4.
S7-4. Vote requirements. Confirmation of nominations from the Governor requires a majority
vote of the members-elect.
S7-5. Reconsideration of vote. While a nomination from the Governor remains within the
Senate, the members may reconsider any vote taken on it.
S7-6. Written notice of final action. Upon final action, the secretary of the Senate shall notify
the Governor and the secretary of state in writing of the action of the body.
S8-2. Meetings; notice; quorum; vote. All meetings of the Select Committee on Discipline
and Expulsion shall be held in the Capitol. A majority of the members of the committee
constitutes a quorum. The affirmative vote of majority of those present and voting,
assuming a quorum, is required for actions of the committee.
All meetings of the Select Committee on Discipline and Expulsion are open meetings in like
manner to any other Senate committee meeting. All meetings shall be webcast and archived
in like manner to any other Senate committee meeting.
All meetings of the Select Committee on Discipline and Expulsion shall be scheduled at
times that are not in conflict with any other official Senate business. All members of the
Senate have the right to be present during all of the select committee's meetings.
S8-3. Oath. Prior to consideration of any matter referred to it, except establishing a quorum,
the members of the select committee shall subscribe to the following oath, which shall be
administered by the Secretary of the Senate.
"I do solemnly swear (affirm) that in all things appertaining to the matter referred to this select committee, I will do impartial justice according to the Constitution, laws, Joint Rules, and Senate Rules of the State of South Dakota. I do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the
Senate Select Committee on Discipline and Expulsion in the aforesaid matter, according to
the best of my ability and understanding, so help me God."
S8-4. Procedure in committee.
The Select Committee on Discipline and Expulsion shall:
(1) Conduct all hearings in like manner to any other Senate committee meeting, and
only after informing the member who is the subject of the hearing in writing of the date
and time of each meeting held for the purpose;
(2) Invite the member who is the subject of the hearing to attend all meetings of the
committee in person and to be accompanied by legal counsel, or to be represented at
the hearings by legal counsel of the member's choice and at the member's own expense;
(3) Afford the member full opportunity to present the member's position, to present
witnesses in support of the member's position, and extend the opportunity to confront
and to question witnesses called by the committee;
(4) Advise the member immediately of the date and time of each meeting, in cases
where the committee adjourns prior to completing its work and submitting its report to
the Senate.
If the Senate is called into special session for the express purpose of investigating the
conduct of a Senator, the member is deemed to have received constructive notice within the
provisions of this rule.
S8-5. Subpoena power; punishment for contempt. The select committee is hereby
specifically and expressly granted the power and authority, with the written approval of the
chair of the committee, or the approval of a majority of the members of the committee, to
hold hearings, subpoena witnesses, administer oaths, require the production of books and
records, and to do all other things necessary to accomplish the purpose of its hearings and
deliberations.
If a subpoena is not honored, the select committee also has the power to punish for contempt
and to provide for the prosecution of any person for refusal to testify, false swearing, or
perjury before the select committee in accordance with law.
S8-6. Receipt of resignation; authority of the chair. If, prior to resolution of the
investigation, a written resignation signed by the senator who is the subject of the
investigation has been received by the chair, the chair may terminate the meetings of the
select committee.
S8-7. Select committee report. Any action to expel, censure, discipline, or exonerate a senator shall be proposed in a select committee report of the Select Committee on Discipline and Expulsion. If the select committee report calls for expulsion, censure, or discipline, the report shall set forth the causes and grounds for which expulsion, censure, or discipline is being recommended by the Senate, and it shall state the particular form of action
recommended to the Senate. If the select committee report calls for exoneration, the report
shall set forth the reasons why exoneration is appropriate.
S8-8. Procedure in the Senate. Adoption of a select committee report for the expulsion of a
senator requires the favorable vote of a two-thirds majority of the elected members.
Adoption of a select committee report for the censure or discipline of a senator requires the
favorable vote of a three-fifths majority of the elected members. Adoption of a select
committee report for the exoneration of a senator requires the favorable vote of a majority of
the elected members.
The elective officers of the House of Representatives shall be a speaker and a speaker pro
tempore, who shall be members of that body, one chief clerk and such other officers as shall
be necessary to properly conduct the business of the House of Representatives.
§ 2-5-3.1. Tie vote for organizing House of Representatives.
In the event that there is a tie vote for purposes of organizing the House of Representatives
then, for the purposes of organization, the political party's candidate for speaker of the
house, speaker pro tempore and clerk, then having a member of its party duly elected as the
Governor of the state of South Dakota shall be deemed to be elected.
H1-2. Actions of the speaker pro tempore, other presiding officers. The speaker pro tempore shall act as presiding officer of the House of Representatives if the speaker is
absent or unable to serve. The acts of the speaker pro tempore have the same validity as
those of the speaker. If the speaker and the speaker pro tempore are absent or unable to
serve, any member called to the chair by the House of Representatives may serve as
presiding officer. When in session, the presiding officer, in the absence of the pro tempore,
may designate any member to perform the duties of the presiding officer, but the
designation may not extend beyond an adjournment. The member's actions have the same
validity as those of the speaker.
H1-3. Votes by the speaker. The speaker shall vote on all questions taken by yeas and
nays and shall vote in any election or division called for by any member. The speaker may,
by relinquishing the chair, assume all rights and privileges of a member of the House.
H1-4. Hour of meeting. The hour of meeting of the House of Representatives is 2:00 p.m.
on each legislative day unless otherwise ordered by the House.
H1-5. Seating assignments. The speaker of the House shall, with the advice of the majority
and minority leaders, make seating assignments for the floor of the House of
Representatives.
H2-2. Repealed.
H2-3. Repealed.
1. Agriculture and Natural Resources (13)
2. Appropriations (9)
3. Commerce and Energy (13)
4. Education (15)
5. Government Operations and Audit (5)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation (15)
13. Transportation (13)
H4-2. Proceedings governed by Mason's Manual. Mason's Manual of Legislative
Procedure governs the proceedings of the House of Representatives in all cases not covered
by these rules or the Joint Rules.
H4-3. Conflicting rules. If the rules of the House of Representatives and the Joint Rules
conflict, the rules of the House of Representatives govern.
H5-2. Votes to be taken on the electronic system. On any question requiring the "yeas"
and "nays" to be entered upon the journal, the electronic voting system shall be used. On
any such question, neither individual votes nor vote totals may be displayed to any person
including the presiding officer until the time for voting has expired and the voting system
has been locked. If the electronic voting system is not in operating order at the time to vote
on any such question, the presiding officer shall order that all "yea" and "nay" votes be
taken by calling the roll in alphabetical order, except the name of the speaker of the House,
which shall be last.
H5-3. Other votes. On all other questions to be voted upon, except upon elections, the
presiding officer may order the "yeas" and "nays" to be taken by the electronic voting
system, voice vote, or standing vote. Upon demand of a member requesting a division
before the result of a vote has been announced by the presiding officer, the "yeas" and
"nays" shall be taken by the electronic voting system.
H5-4. Electronic voting system malfunctions. The vote of any member which has not
been recorded because of malfunction of the electronic voting system shall be entered upon
the journal, if the member was in the House chamber at the time of the vote and voted at the
appropriate time, and the malfunction is reported to the presiding officer before the
presiding officer's announcement of the result of the vote.
When, in the judgment of the presiding officer, reasonable time has been allowed all
members present in the House to vote, the presiding officer shall ask the question: "Have all
members present voted?" After a pause, the presiding officer shall direct the chief clerk to
record those members who are "Absent" or "Excused" and to lock the voting system after
late votes, if any, are recorded, and to display and record the individual and total votes. The
presiding officer shall then announce the vote. The chief clerk shall enter upon the journal
the result in the manner provided by the joint rules of the Legislature.
H5-6. Changing votes. Any member may change a vote after the vote recording equipment
has started to operate if the member rises and, when recognized by the presiding officer,
announces the change before the result of the vote has been announced by the presiding
officer.
H5-7. Voting records. On any question requiring the "yeas" and "nays" to be entered upon
the journal, the chief clerk shall retain one copy of the recorded vote on the electronic voting
system and provide it for purposes of the daily journal.
H5-8. Members to vote electronically from their desks, exceptions. A member may vote
on the electronic voting system only when at the member's desk. However, the presiding
officer may authorize the chief clerk to call the names of members who are on the floor but
not at their desks at the time of a vote and to record the votes of such members on the
electronic voting system. If a member other than the speaker of the House is presiding, the
chief clerk shall switch the voting system to allow the designated member presiding to vote
in the presiding officer's station.
H5-9. Voting by proxy prohibited. No member may vote for another member; nor may
any other person cast a vote for a member, except as otherwise provided in these rules. Any
member who votes or attempts to vote for another member, or a person not a member who
votes or attempts to vote for a member, is in contempt of the House and may be punished
pursuant to law.
H5-10. Tampering with electronic voting equipment prohibited. Any member or other
person who willfully tampers with or attempts to disarrange, deface, impair or destroy in
any manner whatsoever the electronic voting equipment used by the House of
Representatives, or who instigates, aids or abets with the intent to destroy or change the
record of votes thereon, is in contempt of the House and may be punished pursuant to law.
H5-11. Voting machine for session use only. The electronic voting equipment may only
be used when the House of Representatives is in session.
H6-2. Meetings; notice; quorum; vote. All meetings of the Select Committee on
Discipline and Expulsion shall be held in the Capitol. A majority of the members of the
committee constitutes a quorum. The affirmative vote of a majority of those present and
voting, assuming a quorum, is required for actions of the committee.
All meetings of the Select Committee on Discipline and Expulsion are open meetings in like
manner to any other House of Representatives committee meeting. All meetings shall be
webcast and archived in like manner to any other House of Representatives committee
meeting.
All meetings of the Select Committee on Discipline and Expulsion shall be scheduled at
times that are not in conflict with any other official House of Representatives business. All
members of the House of Representatives have the right to be present during all of the select
committee's meetings.
H6-3. Oath. Prior to consideration of any matter referred to it, except establishing a
quorum, the members of the select committee shall subscribe to the following oath, which
shall be administered by the Chief Clerk of the House of Representatives:
"I do solemnly swear (affirm) that in all things appertaining to the matter referred to this
select committee, I will do impartial justice according to the Constitution, laws, Joint Rules,
and House Rules of the State of South Dakota. I do solemnly swear that I will faithfully and
impartially discharge and perform all the duties incumbent upon me as a member of the
House Select Committee on Discipline and Expulsion in the aforesaid matter, according to
the best of my ability and understanding, so help me God."
H6-4. Procedure in committee.
The Select Committee on Discipline and Expulsion shall:
(1) Conduct all hearings in like manner to any other House of Representatives
committee meeting, and only after informing the member who is the subject of the
hearing in writing of the date and time of each meeting held for the purpose;
H6-5. Subpoena power; punishment for contempt. The select committee is hereby
specifically and expressly granted the power and authority, with the written approval of the
chair of the committee, to hold hearings, subpoena witnesses, administer oaths, require the
production of books and records, and to do all other things necessary to accomplish the
purpose of its hearings and deliberations.
If a subpoena is not honored, the select committee also has the power to punish for contempt
and to provide for the prosecution of any person for refusal to testify, false swearing, or
perjury before the select committee in accordance with law.
H6-6. Receipt of resignation; authority of the chair. If, prior to resolution of the
investigation, a written resignation signed by the representative who is the subject of the
investigation has been received by the chair, the chair may terminate the meetings of the
select committee.
H6-7. Select committee report. Any action to expel, censure, discipline, or exonerate a
representative shall be proposed in a select committee report of the Select Committee on
Discipline and Expulsion. If the select committee report calls for expulsion, censure, or
discipline, the report shall set forth the causes and grounds for which expulsion, censure, or
discipline is being recommended by the House of Representatives, and it shall state the
particular form of action recommended to the House of Representatives. If the select
committee report calls for exoneration, the report shall set forth the reasons why exoneration
is appropriate.
H6-8. Procedure in the House of Representatives. Adoption of a select committee report
for the expulsion of a representative requires the favorable vote of a two-thirds majority of
the elected members. Adoption of a select committee report for the censure or discipline of a
representative requires the favorable vote of a three-fifths majority of the elected members.
Adoption of a select committee report for the exoneration of a representative requires the
favorable vote of a majority of the elected members.
H7-2. Approval of consent calendar is final disposition. Notwithstanding Joint Rule 13-4,
after allowing a reasonable time for questions from the floor on the bills and resolutions on
the consent calendar and after permitting the proponents to answer the questions, the
Speaker of the House shall call for a vote on the consent calendar. Approval of the consent
calendar by a majority of the members-elect of the House is considered final disposition of
all the bills and resolutions on the consent calendar.
THE PRESIDING OFFICER OF EACH HOUSE SHALL, IN THE PRESENCE OF THE
HOUSE OVER WHICH HE PRESIDES, SIGN ALL BILLS AND JOINT RESOLUTIONS
PASSED BY THE LEGISLATURE, AFTER THEIR TITLES HAVE BEEN PUBLICLY READ
IMMEDIATELY BEFORE SIGNING, AND THE FACT OF SIGNING SHALL BE ENTERED
UPON THE JOURNAL.
Every person who intentionally disturbs the Legislature of this state, or either of the
branches composing it, while in session, or who commits any disorderly conduct in the
immediate view and presence of either branch of the Legislature tending to interrupt its
proceedings or impair the respect due to its authority, is guilty of a Class 2 misdemeanor.
§ 2-4-14. Contempt of Legislature--Punishment.
The Senate or the House of Representatives may punish, as a contempt, by imprisonment, a
breach of its privileges or the privileges of its members; but only for one or more of the
following offenses:
(1) Knowingly arresting a member or officer of the Senate or the House of
Representatives, or procuring such member or officer to be arrested in violation of his
privilege from arrest;
(2) Disorderly conduct in the immediate view of the Senate or the House of
Representatives, and directly tending to interrupt its proceedings;
(3) Refusing to be examined as a witness either before the Senate or the House of
Representatives, or a committee thereof, or before any person authorized to take
testimony in legislative proceedings;
(4) Giving or offering a bribe to a member, or attempting, by menace or other corrupt
means or device, directly or indirectly, to control or influence a member in giving his
vote, or to prevent his giving the same;
but the term of imprisonment which the Senate or House of Representatives may impose for
any contempt specified in this section shall not extend beyond the session of the Legislature.
1-2. Order of business. Each house shall begin each session as follows: call to order,
prayer by the chaplain, pledge of allegiance, roll call, and determination of a quorum, then
proceed with the daily order of business. A majority of the members present may demand
that the journal for the preceding day be read.
1-3. Questions of order. The presiding officer of each house shall decide all questions of
order, subject to a motion of appeal, by a majority of the members present. No member may
speak more than once on an appeal without the consent of a majority of the members
present.
1-4. Recognition of members for remarks. When a member desires to speak, that member
shall respectfully address the presiding officer. When the presiding officer recognizes the
member, that member is entitled to the floor. The member first to address the presiding
officer shall speak first. If two or more members address the presiding officer at the same
time, the presiding officer shall name the member who is to speak first.
1-5. Time allowed for a member to speak. Each member may speak on the pending
subject before any member speaks twice. No member may speak more than twice nor longer
than ten minutes on the same subject without the consent of a majority of the members
present. However, a member may speak an additional twenty minutes if the time is yielded
by individual members of the body. In computing the time allowed for argument, the time
consumed in asking questions is considered. If a member consents to the question, the time
consumed by the answer is taken out of the time allowed to the person asking the question.
1-6. Questions on the floor. If a member wishes to ask a question of another member, that
member shall courteously do so through the presiding officer and with the consent of the
member to whom the question is addressed. Any question addressed to a member shall
relate to a question before the body and shall be concisely asked for the sole purpose of
obtaining information. No question may reflect upon the character or conduct of any
official, contain argument or debate, or inquire about the course a member proposes to
follow.
1-8. Signing of documents by presiding officer. The presiding officer of each house shall
sign all concurrent resolutions and commemorations and all writs, warrants, and subpoenas
issued by the house over which the officer presides.
1-9. Those permitted to speak to the body. No person other than a member of a house
may speak upon any subject before the house unless a member makes a motion to allow
another person to speak and the members present unanimously consent. However, the
speaker of the House and the president pro tempore of the Senate may allow any person
other than a member of the body to speak subject to advance notice to the majority and
minority leaders. A motion objecting to the decision of the presiding officer shall require a
majority vote of the members- elect.
1-10. Dissent against an act or resolution. Any two members of a house may dissent or
protest in respectful language against any act or resolution which they think injurious to the
public or to any individual and have the reason for their dissent or protest entered upon the
journal. However, if an objection is made that the language of the dissent or protest is not
respectful, a majority of the house may refer the dissent or protest back to the dissenting or
protesting members for emendation.
1-11. Repealed.
1A-2. Smoking prohibited. Smoking is prohibited in all areas of the Capitol.
1A-3. Alcoholic beverages prohibited. No alcoholic beverage, beer, wine, or other
beverage containing alcohol may be stored or consumed in any area of the Capitol that is
under the control of the Legislature.
1A-4. Sexual harassment prohibited. All members are responsible for ensuring that the
workplace is free from sexual harassment. All members shall avoid any action or conduct
which could be viewed as sexual harassment. A member shall report any sexual harassment
complaint to the presiding officer of the house to which the member belongs. If the situation
is not resolved, the member shall forward the complaint to the Executive Board of the
Legislative Research Council.
1A-5. Discrimination prohibited. The Legislature is an equal opportunity employer and
provides equal access to facilities and services without regard to race, color, creed, religion,
sex, disability, ancestry, or national origin.
1A-7. Use of chambers for campaign photographs. Legislators and candidates for the
Legislature may use the chambers for campaign photographs; however, no changes may be
made to the arrangement of either chamber.
1A-8. Items distributed to the members' desks. Before any person may distribute an item
to the members' desks on the floor of the Senate or the House of Representatives, that
person must obtain the approval of the secretary of the Senate or the chief clerk of the
House, subject to the review of the speaker of the House and the president pro tempore of
the Senate, respectively. Any item distributed to the members' desks on the chamber floor
must clearly bear the name of the item originator.
1A-9. Cellular telephones prohibited. Cellular telephones may not be used in either
chamber or gallery while the Legislature is in session.
1A-10. Presiding Officer's power to maintain order. The presiding officer may have any
member temporarily removed in order to preserve order and decorum.
1A-11...Repealed.
1B-2. Compliance with specified requirements. Each legislator will comply with all
Constitutional and statutory requirements regarding conflicts of interest. Legislators will
timely file all required disclosure statements including Statements of Organization,
Campaign Finance Reports and Statements of Financial Interest. Legislators must also avoid
any conflict of interest which would interfere with their duties and responsibilities as
legislators, interfere with the exercise of their best judgment in support of the State of South
Dakota or create an improper personal benefit.
1B-3. Professional conduct and civility. The South Dakota Legislature will strengthen and sustain an atmosphere of professional conduct and civility among its members and with all staff and will not tolerate harassment or offensive behavior based on race, color, religion, national origin, gender, age, or disability. Legislators must refrain from any and all such
harassment or offensive conduct. This prohibition against harassment also encompasses
sexual harassment including unwelcome sexual advances, requests for sexual favors, and
other verbal, non-verbal, or physical conduct of a sexually harassing nature, when: (1)
submission to the harassment is made either explicitly or implicitly a term or condition of
employment or other employment determinations, or (2) the harassment has the purpose or
effect of unreasonably interfering with an individual's work performance or creates an
intimidating, hostile, or offensive working environment.
1B-4. Action in event of violation. Failure to observe the highest standards of public
conduct will subject a legislator to appropriate action, pursuant to the rules of the Chamber
and Mason's Manual of Legislative Procedure.
IN ALL ELECTIONS TO BE MADE BY THE LEGISLATURE THE MEMBERS THEREOF
SHALL VOTE VIVA VOCE AND THEIR VOTES SHALL BE ENTERED IN THE JOURNAL.
Art. III, Sec. 15. Open legislative sessions - Exception.
THE SESSIONS OF EACH HOUSE AND OF THE COMMITTEE OF THE WHOLE SHALL
BE OPEN, UNLESS WHEN THE BUSINESS IS SUCH AS OUGHT TO BE KEPT SECRET.
Art. III, Sec. 16. Adjournment of legislative houses.
NEITHER HOUSE SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR
MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH THE
TWO HOUSES SHALL BE SITTING.
Art. III, Sec. 9, Par. 2. Quorum.
A MAJORITY OF THE MEMBERS OF EACH HOUSE SHALL CONSTITUTE A QUORUM,
BUT A SMALLER NUMBER MAY ADJOURN FROM DAY TO DAY, AND MAY COMPEL
THE ATTENDANCE OF ABSENT MEMBERS IN SUCH A MANNER AND UNDER SUCH
PENALTY AS EACH HOUSE MAY PROVIDE.
2-2. Call of the house. One-sixth of the members-elect of either house may compel the
attendance of absent members by ordering a call of the house of which they are members,
but a call of the house may not be made after voting commences.
2-3. Procedure after a call of the house. When a call of the house is ordered, the doors
shall be closed and the absentees noted. No member may leave the room until permission is
given by the presiding officer, the sergeant at arms' report is received and acted upon, or the
house is adjourned. Until the sergeant at arms' report is received, proceedings under the call
may not be suspended except by two-thirds of the members present.
2-4. Access to chamber and lobbies. Except as otherwise provided in Joint Rule 2-1, no
person, except current legislators and legislative employees, may enter either chamber or
space reserved for members of the Legislature adjacent to either chamber at any time during
a session or for the period of three hours preceding a session except upon invitation of a
member of the chamber. However, under no circumstances may a lobbyist enter either
chamber or reserved space for a period of three hours preceding a session or one hour after
adjournment of the chamber.
CONSTITUTIONAL PROVISIONS
3-2. Duties of the secretary of the Senate and chief clerk of the House. The secretary of
the Senate and chief clerk of the House of Representatives are responsible to the president
pro tempore of the Senate or the speaker of the House, respectively. Their duties are:
(1) To supervise the keeping of a daily journal, the engrossing and enrolling, and the
handling of bills and resolutions;
(2) To assist the calendar committee in the preparation of a daily calendar listing
motions and resolutions, committee reports to be introduced, and bills and joint
resolutions ready for second reading, and to assist the calendar committee in
preparation of a daily consent calendar;
(3) To sign the certificate of origin of all bills passed by the Legislature;
(4) To attest the signature of the presiding officer to all bills, memorials, resolutions,
commemorations, writs, warrants, and subpoenas issued by the house;
(5) To deliver to the secretary of state at the close of each session the journals and all
books, bills, documents, resolutions, and papers in possession of the Legislature;
3-4. Engrossing and enrolling. The engrossing and enrolling duties of the Legislative
Research Council are:
(1) To engross and enroll all bills delivered to them;
(2) To provide and supervise secretarial assistance to legislators as requested;
(3) To collect from the secretaries of all standing and special committees the minutes
of such committees and retain them in the Legislative Research Council Library; and
(4) To correct clerical errors, with the consent of the secretary of the Senate or chief
clerk of the House of Representatives, in any bill originating in the house by which
they are employed. Clerical errors which may be corrected are: errors in spelling, errors
in numbering sections, errors of omission or commission due to addition or deletion of
material, and errors due to copying incorrectly from the most recent statute. The
secretary of the Senate and the chief clerk of the House shall inform the principal
sponsor of all such corrections.
3-5. Chaplains. The chief chaplain shall schedule a chaplain to serve in each house for
each legislative day. The duty of the chaplain of each house is to open each day's session
with a prayer.
3-6. Disputes or complaints involving a legislative session employee. Any dispute or
complaint involving the competency or decorum of a legislative session employee,
including any violation of SDCL 2-12, shall be referred to the president pro tempore of the
Senate or the speaker of the House. The officer may dismiss, suspend, or otherwise
discipline the employee.
3-7. Sexual harassment prohibited. All employees are responsible for ensuring that the workplace is free from sexual harassment. All employees shall avoid any action or conduct which could be viewed as sexual harassment. An employee shall report any sexual harassment complaint to the president pro tempore of the Senate, speaker of the House or
any supervisor. If the situation is not resolved, the employee shall forward the complaint to
the Executive Board of the Legislative Research Council.
(1) Prayer by the chaplain and pledge of allegiance;
(2) Roll call and determination of a quorum;
(3) Approval of the journal;
(4) Communications and petitions;
(5) Reports of standing committees;
(6) Reports of select committees;
(7) Messages from the other house;
(8) Motions and resolutions;
(9) Consideration of committee reports;
(10) Introduction, first reading and reference of bills and joint resolutions originating
in the house;
(11) First reading and reference of bills and joint resolutions originating in the other
house;
(12) Second reading of consent calendar bills and resolutions;
(13) Second reading of bills and joint resolutions originating in the house;
(14) Second reading of bills and joint resolutions originating in the other house;
(15) Announcements.
To revert to an old order of business or to pass to a new order of business requires a majority
vote of the members present. Any message or communication from the Governor or other
state officer may be received at any time.
4-2. Special orders. Any bill, resolution, memorial or other subject matter may be made a
special order for some subsequent time by a majority vote of the members present.
4-3. Order of bills and resolutions. Each bill and resolution up for consideration under
any order of business shall be listed and taken up in the order in which it is listed on the
daily calendar unless otherwise ordered by a majority of the members present.
5-2. Restatement and reading of motions. When a motion is made and seconded, it shall
be restated by the presiding officer, and, if requested by the presiding officer or a member,
shall be displayed electronically or reduced to writing and read aloud.
5-2.2. Withdrawal of motions. After a motion is stated by the presiding officer, it may not
be withdrawn without unanimous consent of the members present.
5-3. Priority of motions. When a question is under debate, no motion may be made except
the following motions which have precedence in the order listed:
(1) To adjourn;
(2) To recess;
(3) To call the house;
(4) To lay on the table;
(5) To call the previous question;
(6) To defer indefinitely;
(7) To defer to a day certain;
(8) To refer to committee;
(9) To amend.
5-4. Priority of motion for adjournment. A motion for adjournment is always in order,
unless the roll is being called or the previous question has been ordered, and shall be
decided without debate.
5-5. Application and nondebatability of motions to lay on the table. A motion to lay on
the table which effects a disposition on the merits of any bill or resolution requires the vote
of a majority of the members-elect to carry and shall be decided without debate. Any other
motion to lay on the table requires the vote of a majority of the members present and shall
be decided without debate. No member may make introductory remarks prior to making a
motion to lay on the table.
5-5.1. Scope of motions to lay on the table. A motion to lay on the table may be made so
as to apply either to the main question or to a proposed amendment or to the bill and all
pending amendments, and the motion shall clearly state to which it is intended to apply.
5-5.2. Motion to take from the table. Whenever any bill or resolution is laid on the table,
it requires a majority vote of the members-elect to take it from the table. The motion to take
from the table is debatable.
5-5.3. Scope of motion to defer to day certain beyond sine die. The rules pertaining to
motions to table and to defer to a day certain beyond sine die shall be the same except that a
motion to defer to a day certain beyond sine die is debatable.
5-6. Motion to call the previous question. A motion for the previous question shall be decided immediately by a majority of the members present and without debate. The motion shall clearly indicate the question to which it applies. No member may make introductory remarks prior to making a motion to call the previous question. The effect of adopting a motion to call the previous question is to close debate, to prevent the moving of
amendments or other subsidiary motions, and to bring to vote immediately the question to
be voted upon. The effect of defeating a motion to call the previous question is to allow
continuation of debate on the question before the house.
5-7. Priority of vote after call of the previous question. After a motion to call the
previous question has prevailed, it is not in order to move a call of the house or to move to
adjourn, prior to a decision of the question before the house.
5-8. Dilatory motions to defer or refer. If a motion to defer to a day certain, to defer
indefinitely or to refer to committee is decided in the negative, such motion is not again in
order at the same stage of consideration of the bill or proposition.
5-8.1. Motion to postpone as final action. A motion to defer indefinitely or to a date
beyond the sine die adjournment of the Legislature requires the vote of a majority of the
members-elect.
5-9. Division of the question. Any member may call for a division of the question. The
presiding officer shall divide the question if it contains questions so distinct that, one being
taken away, the rest may stand as a separate proposition.
5-10. Motions to strike the enacting clause. A motion to strike the enacting clause of a
bill has precedence to a motion to amend, and if carried, is equivalent to the rejection of the
bill.
5-11. Notice of intention to reconsider. Notice of intention to move for reconsideration
shall be made before the body proceeds to the next item of business. If any member fails to
give notice of intention to reconsider, the vote on a question shall be deemed to have been
moved for reconsideration and such motion for reconsideration to have been laid on the
table.
5-11.1 Motions to reconsider. Having given notice of intent to reconsider, the member
giving notice may move to reconsider the question not later than the next legislative day,
except as provided in Joint Rule 5-13. Any motion to reconsider shall be made under order
of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other
motions except to recess or to adjourn. No motion to reconsider the same question may be
made twice in the same house without unanimous consent. Every motion to reconsider shall
be decided by a majority vote of the members-elect on a roll call vote. No question may be
reconsidered except the final disposition of bills and joint resolutions and the override of
vetoes. No motion to lay on the table is subject to reconsideration.
5-12. Failure to make timely motion for reconsideration. If any member has given notice
of intent to move for reconsideration and does not move for reconsideration before the
stated deadline, the presiding officer shall immediately state that any member may move for
reconsideration.
5-13. Motion for reconsideration during final legislative days. During the seven final legislative days, any member who has given notice of intent to move for reconsideration shall make such motion at a time prior to the conclusion of business on the legislative day
that the question sought to be reconsidered was acted upon. Such motion may be made at
any time prior to adjournment.
5-13.1. Immediate consideration of emergency measures. If the affirmative vote for a
bill containing an emergency clause is less than two-thirds but more than one-half of the
members-elect, the vote shall be immediately reconsidered.
5-14. Germaneness of amendments. No motion to amend a bill is in order unless it is
germane to the subject as expressed in the title of the bill.
5-17. Motion to delay action on amendments. Final action upon any amendment to a bill
or resolution may not be heard until one legislative day has intervened, if a request for delay
is made and is supported by at least one-fifth of the members. However, no such request is
in order during the last fourteen days of the session. This rule cannot be invoked more than
two times on the same bill in each house.
5-17.1. Motion to delay action on amendments is nondebatable. No member invoking
Joint Rule 5-17 may speak to the merits of the amendment or make any other introductory
remarks.
EACH EMBRACING BUT ONE OBJECT, AND SHALL REQUIRE A TWO-THIRDS VOTE
OF ALL THE MEMBERS OF EACH BRANCH OF THE LEGISLATURE.
Art. III, Sec. 18. Enacting clause -- Assent by majority -- Recording of votes.
THE ENACTING CLAUSE OF A LAW SHALL BE: "BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF SOUTH DAKOTA" AND NO LAW SHALL BE
PASSED UNLESS BY ASSENT OF A MAJORITY OF ALL THE MEMBERS ELECTED TO
EACH HOUSE OF THE LEGISLATURE. AND THE QUESTION UPON THE FINAL
PASSAGE SHALL BE TAKEN UPON ITS LAST READING, AND THE YEAS AND NAYS
SHALL BE ENTERED UPON THE JOURNAL.
(1) A House or Senate resolution, which shall pertain to the affairs of one house only
and require action only by the legislative chamber concerned. A House or Senate
resolution may be used to express an opinion or principle of one house, to express an
opinion to or request of the other house, to regulate procedure, or to refer the subject
matter of bills to the Legislative Research Council;
(2) A concurrent resolution, which shall express opinions and principles of the
Legislature not having the force of law. A concurrent resolution may be used to
authorize interim studies, joint rules, sessions or committees, to memorialize or instruct
a department of state government, or to petition federal agencies;
(3) A joint resolution, which shall contain matters of legislation only. A joint
resolution may be used to refer a matter for referendum to the people, to place a
constitutional amendment on the ballot at the next general election, to ratify proposed
amendments to the United States Constitution, or to grant a water right pursuant to
§ 46-5-20.1;
(4) A House or Senate resolution of disapproval as provided under Article IV,
Section 8, of the South Dakota Constitution; and
(5) A legislative commemoration, which shall express recognition of service or
achievements of national or statewide importance or express sorrow over death or loss.
6A-4. Bills at the request of the Governor, executive agencies, and the Chief Justice. A
bill introduced at the request of the Governor, Chief Justice of the Supreme Court, a
department, board, commission, or any other agency of state government, shall indicate in
the title at whose request such bill is being introduced.
6A-5. Review of bills by the Legislative Research Council. Before a bill, resolution, or
commemorative may be introduced, it shall be reviewed by the Legislative Research
Council for style and form. No bill or joint resolution may be submitted to the Legislative
Research Council for review less than forty-eight hours of the final introduction date for
bills or joint resolutions as provided in Joint Rule Chapter 17.
6A-6. Title of repealed law. A bill introduced for the sole purpose of repealing an existing
law shall include in its title the general subject to which the law relates.
6A-7. Placement of emergency clause. Any bill containing an emergency clause shall
have the emergency clause added at the end of the bill.
6A-8. Title and sponsors placed on bills and resolutions. Before a bill or resolution is
introduced, its title and the name or names of the member, members, or committee
introducing the bill or resolution shall be printed on it.
(1) A bill or a joint resolution introduced by any standing committee of either house;
(2) A bill or joint resolution referred to the Legislature from an interim committee of
the State Legislative Research Council;
(3) A bill or joint resolution introduced at the request of the interim Rules Review
Committee, interim Government Operations and Audit Committee, the interim
Retirement Laws Committee, the interim Joint Bonding Review Committee, and the
interim State-Tribal Relations Committee by one or more committee members upon
majority vote of the interim committee; or
(4) A bill or joint resolution introduced at the request of the Governor, an executive
agency or of the chief justice of the Supreme Court.
The committee shall obtain a written request for such introduction from either the council,
the Governor, department head of an executive agency, a constitutional officer or board, or
the chief justice and shall retain such request in its file. Committee bills introduced on
behalf of a department head of an executive agency, a constitutional officer or board may be
introduced by the chairman without a vote of the committee for purposes of prefiling.
Nothing in this section prohibits one or more legislators from introduction of a bill or a
joint resolution.
duly numbered becomes the property of the Legislature and may not thereafter be
withdrawn.
6B-2. Numbering of bills and resolutions. Bills shall be numbered consecutively as
introduced, beginning with No. 1 for Senate bills and with No. 1001 for House bills.
Resolutions shall be numbered consecutively as introduced, beginning with No. 1001 for
House resolutions and with No. 1 for Senate resolutions.
6B-3. Limit on number of bills that may be introduced. No legislator may introduce as
prime sponsor more than three individual bills or joint resolutions during the last three days
for bill introduction prescribed by Joint Rule Chapter 17.
6B-4. Sponsorship of bills and resolutions. Any bill, joint resolution, or concurrent
resolution may be introduced by any member or members of the house of origin. Any
member or members of the other house may join the member or members of the house of
origin in introducing the bill or resolution.
6B-5. Bill introduction by standing committees. Before a bill or joint resolution can be
introduced by a standing committee pursuant to § 2-7-6.1, the bill or resolution shall have
received an affirmative vote of a majority of the members of a standing committee at one of
its regular meetings with a statement of such fact on a separate slip attached to the cover of
the bill and signed by the chair of the committee.
6B-6. Pre-filing of agency bills. No bill or resolution introduced at the request of a
department, board, commission, or any other agency of state government, except bills or
resolutions introduced at the request of the Governor or Chief Justice, may be considered by
the Legislature unless such bill or resolution is pre-filed with the director of the Legislative
Research Council at least forty-eight hours before the opening of a legislative session and
available for introduction on the first legislative day.
6B-7. Disposition of copies of bills when introduced. An original and one copy of each
bill or resolution introduced shall be disposed of as follows:
(1) The original, which shall have endorsed thereon the word "Original," shall be
retained by the house of origin; and
(2) The copy shall be delivered to the prime sponsor.
C. FISCAL NOTES AND ACTUARIAL STATEMENTS
6C-2. Legislative Research Council to prepare fiscal notes. If the presiding officer
determines a bill or resolution requires a fiscal note at the time of introduction, the presiding
officer shall request the Director of the Legislative Research Council to prepare the fiscal
note, in consultation with the Bureau of Finance and Management. The Director of the
Legislative Research Council shall prepare a fiscal note for prefiled bills or resolutions.
6C-3. Deferral of bills without fiscal note. The original copy of a bill or resolution for
which a fiscal note has been requested shall be stamped by the bill clerk with the initials
"F.N." before referral to committee. If such bill or resolution is reported back to the house
without a fiscal note, the presiding officer shall defer placing the bill or resolution on the
calendar until the requested fiscal note is received, unless in the presiding officer's opinion a
fiscal note is no longer required.
6C-4. Committees may request fiscal note. If the presiding officer has not requested a
fiscal note on a bill or resolution having a fiscal effect, the committee, or its chair,
considering the bill or resolution may request a fiscal note. The committee may request an
amended fiscal note if a bill or resolution is amended.
6C-5. Attaching fiscal note to bill. If a fiscal note is available, it shall be attached by the
Office of Engrossing and Enrolling at the end of the original copy of the bill or resolution.
6C-6. Local government fiscal notes. In addition, if requested by the presiding officer or
any legislator, a bill or resolution which has an effect on the revenues, expenditures, or
fiscal liability of any political subdivision of the state shall have attached a fiscal note,
prepared by the Director of the Legislative Research Council, in consultation with the
Bureau of Finance and Management.
6C-7. Retirement system actuarial statement. Each bill introduced affecting the benefits
payable by the state or a local government retirement system shall have an actuarial
statement requested by the sponsor and attached to the bill. The actuarial statement shall be
requested from the governing board of the retirement system affected and the statement
shall identify the costs of the proposed change in the law as stated by the actuary for the
affected retirement plan. If there is a doubt as to the need for an actuarial statement, the
presiding officer shall make the final decision. After the bill is introduced, the Chief of
Enrolling and Engrossing shall attach the actuarial statement to the original bill.
6D-2. Referral of resolutions of disapproval. Any resolution of disapproval shall be
referred to a committee unless ordered to be placed directly on the calendar by a majority
vote of the members present.
E. AMENDMENTS AND SUBSTITUTE BILLS
AMENDMENTS TO THIS CONSTITUTION MAY BE PROPOSED . . . BY A MAJORITY
VOTE OF ALL MEMBERS OF EACH HOUSE OF THE LEGISLATURE.
6E-2. Hoghouse amendments. Any substitute bill shall be treated as an amendment and
shall be governed by the rules governing amendments.
6E-3. Message required when one house amends bill or resolution of other house.
Whenever a bill or joint resolution is passed in one house and amended and passed in the
other, a message to the house of origin shall indicate that the bill or resolution has been
amended.
F. SECOND READING
6F-1. No second reading until engrossment. No bill or resolution amended after
introduction may be read the second time until it is correctly engrossed.
6F-3. Action on committee reports. No report of any standing committee or select
committee may be acted upon until at least one legislative day after it has been read to the
body, except the report of the committee on legislative procedure, or the reports of standing
committees requesting referral to another standing committee of a bill or resolution which
may be acted upon immediately. However, during the last three days of the session, reports
of conference committees may be acted upon the same day as reported.
6F-4. Placement of unamended bills and resolutions on calendar. If any committee
makes a report that a bill or resolution "Do Pass" without proposing any amendment thereto,
the bill or resolution shall be placed upon the calendar for second reading on the next
legislative day.
6F-5. Placement of amended bills and resolutions on calendar. If any standing
committee returns a bill or resolution to the house with the recommendation that the bill or
resolution do pass with proposed amendments, the report shall be received, read and entered
upon the journal. The committee report shall be placed on the calendar for adoption the
following legislative day and the bill shall be placed on the calendar for floor action on the
legislative day following the adoption of the committee report. On the final day for the
committee to act upon a bill, the report may be placed directly on the calendar for floor
action. A report recommending the passage of a bill or resolution with proposed
amendments is not subject to change or amendment.
6F-6. Placement of bills and resolutions not receiving a "Do Pass" recommendation on
the calendar. Any bill or resolution reported "Do Not Pass" or "without recommendation"
shall fail if no motion is made for its disposition under the order of business of
Consideration of Committee Reports on the next legislative day after delivery to the house.
On the final day to use Joint Rule 7-7, a motion must be made before adjournment on that
day. A motion to place a bill or resolution on the calendar where a committee reports a bill
or resolution "Do Not Pass" or "without recommendation" shall require the vote of a
majority of the members-elect to carry. A bill or resolution failing to be placed on the
calendar is lost after time for reconsideration has passed.
G. PRINTING, ENGROSSING, AND ENROLLING
The Executive Board of the Legislative Research Council is authorized to recover up to one-half of the printing costs of legislative bills and journals by establishing uniform fees for the
distribution of legislative printed materials, to public agencies, lobbyists and individuals.
Fees for estimated mailing costs may also be charged for mailing printed materials. Fees
collected may be deposited in a special fund within the state treasury, the proceeds of which
shall be used to pay for printing and postage costs, or transferred to the state general fund.
§ 22-12A-17. Fraudulent alteration of bill or resolution as felony.
Any person who fraudulently alters the draft of any bill or resolution which has been
presented to either house of the Legislature to be passed or adopted, with intent to procure
it to be passed or adopted by either house, or certified by the presiding officer of either
house, in language different from that intended by such house, is guilty of a Class 6 felony.
§ 2-7-17. Certification and filing of printed bills and resolutions--Judicial notice.
It shall be the duty of the secretary of the Senate and chief clerk of the House of
Representatives to preserve one true copy of each printed bill, of each printed joint
resolution, and of each printed concurrent resolution of each session of the Legislature; and
to attach same together, to attach thereto, their signed certificate that they are true and
complete copies of all the printed bills, joint resolutions, and concurrent resolutions of the
certain session of the Legislature, and to file said copies so certified in the Office of the
Secretary of State within ten days after adjournment of the session.
All copies so certified and filed shall be subject to judicial notice in all courts of record.
§ 2-7-18. Engrossment of bills and amendments.
All bills, in either house of the Legislature, which have been favorably acted upon,
preparatory to going upon the calendar shall be engrossed if amendments have been made
thereto. Amendments to any bill made by either Senate or House of Representatives, after
engrossment, shall likewise be engrossed.
§ 2-7-19. Enrollment of bill after passage by both houses.
A bill which has passed both houses of the Legislature shall at once be enrolled by the house
in which it originated.
6G-2. Reprinting of bills and joint resolutions. If a bill is amended, the amendment shall
be engrossed on the bill before the bill advances to the next stage of the legislative process.
The engrossed bill shall become the original bill.
6G-3. (Reserved).
6G-4. Printing without consent. Each house may print bills, messages, and reports without
the consent of the other.
6G-5. Engrossing of bills and joint resolutions. All bills or joint resolutions in either
house of the Legislature, which have been favorably acted upon and amendments have been
made thereto, before going upon the calendar shall be engrossed. Amendments to any bill or
joint resolution, made by either house after engrossment, shall likewise be engrossed upon
the original bill or joint resolution.
6G-6. Report to committee on legislative procedure. The chief of the office of
engrossing and enrolling shall examine all amended bills and joint resolutions.
6G-7. Enrolling of bills and joint resolutions. A bill which has passed both branches of
the Legislature shall be at once enrolled. An enrolled bill or joint resolution shall be free
from erasures, marks and interlineations, and each sheet thereof shall be initialed by the
chief of engrossing and enrolling and numbered for identification. The cover of the bill or
joint resolution shall indicate the house of origin.
6G-8. Review and signing of bills and joint resolutions. The committee on legislative procedure and the chief of engrossing and enrolling shall compare enrolled with engrossed bills and joint resolutions as passed by both houses and make a report thereon to the house of origin. If a bill or joint resolution is reported by the committee as correctly enrolled, it shall be presented to the presiding officers of both houses for their signatures.
H. COMMEMORATIONS
6H-1. Introduction of commemorations. Any member may introduce a legislative
commemoration, which may be cosponsored by other members of either house, by filing it
with the bill clerk of that member's house. The prime sponsor shall submit all necessary
information to the legislative research council prior to introduction. However, no member
may introduce a legislative commemoration during the last three legislative days of the
session.
6H-2. Numbering of commemorations. Each legislative commemoration shall be
numbered consecutively as introduced beginning with No. 1 for the Senate and No. 1001 for
the House of Representatives.
6H-3. Printing and calendaring of commemorations. Upon introduction, the presiding
officer shall order the legislative commemoration printed in the journal of that legislative
day. Subsequently the presiding officer shall place each pending legislative commemoration
along with a notation of the page upon which it is printed in the journal on the calendar of
the next legislative day following its printing.
6H-4. Approval of commemorations in the house of origin. Any member of the body
may object to the approval of any legislative commemoration by so stating on the floor of
the body at any time before adjournment on the legislative day upon which the legislative
commemoration is calendared. If no such objection is made, the legislative commemoration
shall be deemed approved and the presiding officer shall deliver it to the other house. If
there is objection, the legislative commemoration shall be deemed disapproved.
6H-5. Calendaring of commemorations in the second house. Upon receipt of a
legislative commemoration from the other house, the presiding officer shall place it on the
next day's legislative calendar along with a notation of the page upon which it is printed in
the journal.
6H-6. Approval of commemorations in the second house. Any member of the receiving
body may object to the approval of any legislative commemoration by so stating on the floor
of the body at any time before adjournment on the legislative day upon which the legislative
commemoration is calendared. If no such objection is made, the legislative commemoration
shall be deemed approved and the presiding officer shall deliver it to the house of origin. If
there is objection, the legislative commemoration shall be deemed disapproved.
6H-7. Enrollment of commemorations. The secretary of the Senate or the chief clerk of
the House of Representatives shall deliver the original enrolled legislative commemoration
to the prime sponsor.
Any member of the Senate or House of Representatives, while acting as a member of any
committee thereof, shall have authority to administer oaths to such persons as shall be
examined before such committee.
§ 2-6-2. Composition and appointment of Government Operations and Audit Committee--Duties and reports--Assistance.
There shall be appointed at each regular session of the Legislature a Government
Operations and Audit committee of ten, consisting of five members of the Senate appointed
by the president pro tempore of the Senate, one of whom shall be a member of the Judiciary
Committee, and five members of the House of Representatives appointed by the speaker of
the House, one of whom shall be a member of the Judiciary Committee, for the purpose of
inquiry and review of any phase of the operations and the fiscal affairs of any department,
institution, board, or agency of the state, to review any findings of abuse or neglect in a
juvenile corrections facility, to make a continuing study of the operation of the state's
correctional system, and to make a detailed report to the Senate and House of
Representatives and submit a copy of its report to the appropriation committee of each
house of the Legislature at the next succeeding session of the Legislature or any special
session of the Legislature upon request of the body.
The Department of Legislative Audit shall provide assistance, including clerical help, to the
committee upon request.
§ 2-6-4. Investigative powers of Government Operations and Audit Committee.
The Government Operations and Audit Committee may examine all records and vouchers,
summon witnesses, and thoroughly examine all expenditures and the general management of
each department.
§ 2-6-5. Disobedience of legislative summons as misdemeanor.
Any person who is summoned to attend as a witness before either house of the Legislature
or any committee thereof authorized to summon or subpoena witnesses, and who refuses or
neglects without lawful excuse to attend pursuant to the summons or subpoena, is guilty of a
Class 2 misdemeanor.
Any person who, being present before either house of the Legislature or any committee
thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to
answer any material and proper question, or to produce upon reasonable notice any
material or proper books, papers, or documents in his possession or under his control, is
guilty of a Class 2 misdemeanor.
§ 2-6-7. Forfeiture of office by legislator in violation--Disqualification from public office.
The conviction of a member of the Legislature of any crime defined in § 2-6-5 or 2-6-6
involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of
his office and disqualifies him from ever thereafter holding any public office under this
state.
§ 2-6-8. Retirement laws study committee created--Purpose.
There is hereby created the South Dakota Retirement Laws Committee to make a continuing
study of the pension and annuity and benefit laws relating to employees and officers in
public service.
§ 2-6-9. Appointment and terms of Retirement Laws Committee members--Political
affiliations.
The Retirement Laws Committee shall consist of five members of the House of
Representatives to be appointed by the speaker of the House of Representatives and five
members of the Senate to be appointed by the president pro tempore of the Senate. The
members of the Retirement Laws Committee shall be appointed biennially for terms expiring
on January first of each succeeding odd-numbered year and shall serve until their
respective successors are appointed and qualified. No more than three from each legislative
body may be from the same political party.
§ 2-6-10. Officers of Retirement Laws Committee--Staff assistance.
The Retirement Laws Committee shall select a chairman and vice-chairman and shall be
provided with staff assistance from the Legislative Research Council staff.
§ 2-6-11. Study of retirement laws by committee--Emphasis.
The Retirement Laws Committee shall continue the study of the retirement and pension laws
applicable to employees and officers in government service throughout the state and shall
appraise and evaluate existing laws relating to retirement and pension. It shall give
particular study and consideration to the financial affairs of the retirement funds and shall
recommend revisions in financial provisions and methods of amortizing the accrued
liabilities of such funds without impairment of any of the rights and equities of participants
and beneficiaries but in conformity with sound and established principles of financing
retirement fund obligations.
§ 2-6-12. Legislative drafts and recommendations by Retirement Laws Committee--Reports--Review of proposals.
The Retirement Laws Committee shall present legislative drafts to effect sound and
equitable public employees retirement programs. The Retirement Laws Committee shall
study and make recommendations concerning the extension of retirement coverage to public
employees to whom retirement protection has not been accorded. The Retirement Laws
Committee shall from time to time report to the Legislature which report shall include but
not be limited to the financial soundness of the system. The Retirement Laws Committee
shall review all proposed legislation that affects public employee retirement in the state and
shall make its report to the Legislature. During the legislative session, however, the
standing committees established to review retirement laws legislation shall review proposed
legislation that affects public employee retirement.
§ 2-6-14. Joint Bonding Review Committee established--Agencies subject to review by
joint committee.
An interim joint bonding committee, established pursuant to the rules of the Legislature,
shall review the operations, programs, accomplishments and financial status of the South
Dakota Housing Development Authority, the South Dakota Health and Educational
Facilities Authority, the South Dakota Building Authority, the South Dakota Conservancy
District, the South Dakota Railroad Authority, and any other agency, board or commission
authorized to conduct statewide programs in the State of South Dakota and to issue bond
and note indebtedness.
§ 2-6-15. Reports by bonding entities to joint committee--Contents--Other assistance.
Each of the entities shall submit to the joint committee a complete and detailed report no
later than December first of each year, setting forth:
(1) Its operations and accomplishments;
(2) Its receipts and expenditures during its fiscal year for its operating and capital
outlay purposes;
(3) Its assets and liabilities at the end of its fiscal year;
(4) A schedule of its notes and bonds outstanding at the end of its fiscal year,
together with a statement of the amounts redeemed and incurred during such fiscal
year; and
(5) Information relating to the selection, evaluation and compensation of its
professional service providers.
Each of the entities shall assist the joint committee in a continuous review of programs and
projected plans for the entities.
§ 2-6-16. Reports to joint committee on particular issues of bonds or notes--Contents.
For each issuance of bonds or notes of any such entity, there shall be provided to the joint committee a report of the details of the issuance, including a citation to the resolution providing for the issuance of the bonds and notes, the use of the proceeds of such issuance,
the maturity date or dates of the bonds or notes, the interest rate or rates of the bonds or
notes, the anticipated source of revenue from which the bonds or notes are to be repaid, and
the rating, if any, given by a standard rating service on the bonds or notes.
§ 2-6-17. Detailed accounting to committee on underlying security and investments.
The joint committee may request at any time a detailed accounting of the security
underlying outstanding bonds or notes, the ability to make timely repayment of bonds or
notes, or the investments of such entity.
§ 2-6-18. Agency explanation to committee of programs and operations.
The joint committee may at any time require the governing board, or its designee, of any
such entity to appear before it to provide detailed explanations of the public purpose
underlying any of its programs or detailed explanations of any of its operations or activities.
§ 2-6-19. Water Development Oversight Committee created--Purpose.
There is hereby created the Legislative Water Development Oversight Committee. The
committee shall consist of four legislators, one each appointed by the majority and minority
leaders of the Senate and one each appointed by the majority and minority leaders of the
House of Representatives. The committee shall monitor the meetings and actions of the
Board of Water and Natural Resources and the Water Management Board. The secretary of
the Department of Environment and Natural Resources shall cooperate with the members of
the committee and assist them in carrying out their responsibilities. The secretary of the
Department of Environment and Natural Resources shall inform the members of the
committee of the time and place of all meetings of the Board of Water and Natural
Resources and Water Management Board and shall forward to the members of the
committee copies of all materials sent to the members of those boards.
The committee shall select a chairperson from among its members and shall from time to
time report to the Executive Board of the Legislative Research Council on its activities.
Members of the committee shall receive compensation as would any member of an interim
legislative committee authorized by the Executive Board of the Legislative Research Council
under chapter 2-9.
7-1.1. Subcommittees. The president pro tempore of the Senate, speaker of the House or a chair of a standing committee may designate subcommittees, the number of members to serve on each subcommittee, the chair of each subcommittee, the members of the subcommittee, and the period of time the subcommittee shall serve.
7-1.3. Meetings open to public. Subject to Article III, Section 15 of the Constitution, all
committee or subcommittee meetings shall be open to the public.
7-1.4. Posting of agendas. Agendas of the bills, resolutions, and other proposals to be
considered at any meeting of a standing committee or subcommittee shall be posted on the
bulletin board of the respective house. At least one legislative day shall intervene between
the date of posting and the date of consideration. An agenda must be posted by 5 p.m. in
order to allow for an intervening legislative day. However, if a day of legislative recess
intervenes between the date of posting and the date of consideration, the requirement of
posting is fulfilled only if posting is made prior to adjournment of the session of the
particular house on the day before the legislative recess.
7-1.5. Consideration of matters not posted. A two-thirds majority of the committee
members present may bring a matter up for consideration at any time.
7-1.6. Formal action required on all legislative proposals. Standing committees shall
take formal action regarding each legislative proposal submitted for their consideration.
7-1.7. Vote requirement. Final disposition on a bill or resolution requires a majority vote
of the committee members-elect taken by roll call.
7-1.8. Final disposition. Final disposition is any action which moves a bill out of a
committee to the floor of a house or to another committee or which removes it from further
consideration by the committee. Examples of final disposition include "Do Pass," "Do Pass,
Amended," "Refer to Another Committee," "Lay on the Table," and "Defer to a Day Certain
Beyond the End of the Session."
7-1.9. Attachment of amendments to bills or resolutions reported unfavorably. Unless
a bill has been ordered to be delivered pursuant to Joint Rule 7-7, a committee may amend a
bill or resolution that it reports "Do Not Pass" or "Without Recommendation."
7-1.10. Amendment of a previously tabled bill. If a bill is removed from the table and
amended so that it requires a title amendment, the title must be amended and then the bill
reported for a new hearing pursuant to Joint Rule 7-1.4, unless placed by Joint Rule 7-1.5.
7-2. Committee reports. Each committee shall report final committee actions on legislative proposals. The chair of a committee shall sign the reports of the committee and present them to the body when the call for committee reports is made. The chair is responsible for the accuracy and propriety of the chair's statements and shall answer any questions pertaining to the report. This rule does not prohibit the committees on legislative
procedure from reporting at any time. Formal actions shall be reported to the body not later
than the next legislative day in an informational committee report which is printed in the
daily journal.
7-3. Reports of select committees. Select committees to which matters are referred shall in
all cases report a statement of facts and their opinion on the matters to the body.
7-4. Dissenting reports. If the members of a committee cannot agree on its report, the
majority and minority may each make a report. Any member dissenting in whole or in part
from the reasoning and conclusions of both majority and minority may also present a
statement of the member's reasoning and conclusions. All reports must be decorous in
language and respectful to the house and shall be entered in the journal.
7-5. Filing of committee minutes. The minutes of all standing committees shall be
prepared and filed on a computerized legislative information system. Computer terminals
shall be available in the Presidents' and Speakers' lobbies of the capitol.
7-6. Contents of committee minutes. Minutes of standing committees filed pursuant to
Joint Rule 7-5 shall contain the number of each proposal considered; the title or a brief
summary of each proposal's major provisions; the committee's action, if any, on each
proposal, including a brief minority report if requested by any committee member; a record
of how each committee member voted when action was taken, including votes on motions to
postpone consideration of proposals; and a list of all persons testifying before the committee
on each proposal and the interest they represent. Minutes of budget hearings conducted by
an appropriations committee may contain a synopsis of testimony received. Minutes shall be
open to the public for inspection.
7-7. Demand for delivery of bill or resolution to house --"Smoke-out." Each house may
by motion order its committee to deliver a bill or resolution under its consideration to that
house. If the motion is supported by the vote of one-third or more of the members-elect, the
committee shall, not later than the next legislative day, deliver the bill or resolution to the
house with or without recommendation. The bill or resolution shall be delivered to the house
in the same form as it was when it was tabled or deferred to a nonexistent day by the
committee.
7-8. Placement of "smoked-out" bill or resolution on calendar. If a bill or resolution is
delivered to the House of
Representatives or Senate pursuant to Joint Rule 7-7 on the last
day for passage and it was not reported "Do Pass," the bill or resolution may, by motion
approved by a majority of the members-elect of the House of Representatives or Senate, be
placed on that day's calendar.
7-9. Calendar committee. The calendar committee in the Senate consists of the President
Pro Tempore, the Senate Majority Leader, and the Senate Minority Leader. The calendar
committee in the House consists of the Speaker of the House, the House Majority Leader,
and the House Minority Leader. The committee shall determine the daily legislative
calendar.
7-11. Introduction of general appropriation bill. The general appropriation bill shall be
introduced by the Senate Committee on Appropriations in even-numbered years and by the
House Committee on Appropriations in odd-numbered years. The general appropriation bill
shall be introduced no later than the sixteenth legislative day.
7-12. Structure of appropriations committee. The Senate and House Committees may
meet in joint session or form combined subcommittees to hear agency budget presentations.
All Joint Appropriations Committee action on the general appropriations bill shall be
approved by a majority vote of the Joint Committee unless a member calls for a separate
vote of the House Appropriations Committee and the Senate Appropriations Committee in
which case a majority vote of each committee is required for adoption. Such action shall
constitute the committee report of the house of origin on the general appropriation bill.
7-13. Entertainment of motions. No motion may be debated until it is seconded.
Following the second of a debatable motion, the chair shall first recognize the member
making the motion. No member of the House of Representatives may make introductory
remarks prior to making a motion.
7-14. Restatement and reading of motions. When a motion is made and seconded, it shall
be restated by the chair.
7-16. Motions. When a question is under debate, no motion may be made except the
following motions:
(1) Adjourn;
(2) Recess;
(3) Call the previous question;
(4) Lay on the table;
(5) Defer to a day certain beyond the end of the session;
(6) Do pass;
(7) Do pass, amended;
(8) Do not pass;
(9) Without recommendation;
(10) Defer to a day certain;
(11) Refer to another committee;
(12) Amend;
(13) Appoint a subcommittee.
7-17. Application and nondebatability of motions to lay on the table. A motion to lay on the table which effects a disposition on the merits of any bill or resolution requires the vote of a majority of the committee members-elect to carry and shall be decided without debate. No other motion may be made until the members have voted on the motion to lay on the
table. Any other motion to lay on the table requires the vote of a majority of the committee
members present and shall be decided without debate. No committee member may make
introductory remarks prior to making a motion to lay on the table.
7-18. Scope of motions to lay on the table. A motion to lay on the table may be made so
as to apply either to the main question or to a proposed amendment or to the bill and all
pending amendments, and the motion shall clearly state to which it is intended to apply.
7-19. Motion to take from the table or to reconsider the bill. Whenever any bill or
resolution is laid on the table or deferred to a day certain beyond sine die, it requires a
majority vote of the committee members-elect to take it from the table or to reconsider the
bill or resolution which was deferred. The motion to take from the table or to reconsider is
debatable.
7-20. Scope of motion to defer to day certain beyond sine die. The rules pertaining to
motions to table and to defer to a day certain beyond sine die shall be the same except that a
motion to defer to a day certain beyond sine die is debatable. A member of the Senate may
make introductory remarks prior to making a motion to defer to a day certain beyond sine
die.
7-21. Motion to call the previous question. A motion for the previous question shall be
decided immediately by a majority of the committee members present and without debate.
The motion shall clearly indicate the question to which it applies. No committee member
may make introductory remarks prior to making a motion to call the previous question. The
effect of adopting a motion to call the previous question is to close debate, to prevent the
moving of amendments or other subsidiary motions, and to bring to vote immediately the
question to be voted upon. The effect of defeating a motion to call the previous question is
to allow continuation of debate on the question before the committee.
7-23. Dilatory motions to defer or refer. If a motion to defer to a day certain, to defer
indefinitely or to refer to another committee is decided in the negative, such motion is not
again in order at the same stage of consideration of the bill or proposition.
7-24. Motion to postpone as final action. A motion to defer indefinitely or to a date
beyond the sine die adjournment of the Legislature requires the vote of a majority of the
committee members-elect.
7-25. Germaneness of amendments. No motion to amend a bill is in order unless it is
germane to the subject as expressed in the title of the bill.
7-26. Limitations on number of motions to amend and substitute motions. When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment is in order. It is also in order to offer a further amendment as a substitute, but such substitute is not subject to amendment.
7-28. Committee procedure -- Remote electronic testimony. During any regular or
special session of the Legislature, a committee may, upon the unanimous consent of the
members present, permit a person to appear from a remote site and give testimony before
the committee by electronic audio/video means.
8-2. Conference committee meetings, committee reports, and reports must be
germane. Conference committees shall meet in open session, and minutes shall be taken
and prepared in a like manner as provided for in Joint Rule 7-6. The presiding officer of the
house of origin shall announce to that body the time and location of each conference
committee meeting. The co-chairs of each conference committee shall report the results of
each meeting to the body in a conference committee report jointly signed by both. The
conference committee report must be germane to the title of the bill as submitted to the
conference committee. The adoption of any conference committee report constituting final
disposition must be approved by the recorded affirmative vote of at least two members from
each house.
8-3. Final disposition of report and distribution of reports. Adoption of a conference
committee report recommending passage of a bill or adoption of a resolution constitutes
final disposition. The vote required to concur in the amendments of the other House or to
adopt a conference committee report shall be the same as that required for final passage of
the bill or resolution taking such bill or resolution as a whole. Before the final vote on the
adoption of a conference committee report may be taken, any member of the body may
require that the report be distributed in written form to the members of the body.
8-4. Member may move to not appoint a subsequent conference committee--Final
disposition. However, if a conference committee report is not adopted, any member may
move not to appoint a new conference committee. If that motion prevails it constitutes final
disposition of that bill or resolution.
9-2. Rules of the committee of the whole. The rules observed by the house concerned
shall govern as far as practicable, except that:
(1) The yeas and nays may not be called;
(2) The previous question may not be enforced; and
(3) The time of speaking may not be limited.
9-3. Adjournment of the committee of the whole. A motion that the committee rise is
always in order and shall be decided without debate.
EACH HOUSE SHALL KEEP A JOURNAL OF ITS PROCEEDINGS AND PUBLISH THE
SAME FROM TIME TO TIME, EXCEPT SUCH PARTS AS REQUIRE SECRECY, AND
THE YEAS AND NAYS OF MEMBERS ON ANY QUESTION SHALL BE TAKEN AT THE
DESIRE OF ONE-SIXTH OF THOSE PRESENT AND ENTERED UPON THE JOURNAL.
It shall be the duty of the secretary of the Senate and chief clerk of the House of
Representatives to keep correct journals of the proceedings of the senate and house,
respectively; to have the custody of all records, accounts, and other papers committed to
them and at the close of each session of the Legislature to deposit for safekeeping in the
Office of the Secretary of State all books, bills, documents, resolutions, and papers in the
possession of the Legislature, correctly labeled, folded, and classified, and generally to
perform such duties as shall be assigned them by the senate or house, respectively;
provided, such journals shall be deposited within forty days after the adjournment of the
Legislature.
§ 2-7-8. Time of delivery of daily legislative journals--Penalty for delay--Waiver.
The contractor for printing and binding of the journals of the Legislature shall deliver the daily journals to the Legislature at least two hours before the convening of the Legislature on the following legislative day and, if he fails to do so, he is subject to a penalty of ten
dollars per hour for each hour's delay to be deducted from any sum due him on the contract,
or recovered from his performance bond in the event such deduction from contract cannot
be made. The director of the Legislative Research Council may waive the penalty provisions
of this section if failure to deliver the daily journals as required is due to circumstances
which the director considers to be sufficiently extenuating.
§ 2-7-10. Permanent journals as official record of proceedings
The corrected daily copies of the journal of the Senate and House of Representatives,
together with the index thereof, shall constitute, and be the official permanent record of the
legislative proceedings.
§ 2-7-11. Time of delivery of permanent journals--Distribution and price.
The contractor for printing the journal indexes of the Legislature shall deliver them to the
Legislative Research Council within ninety days after copy therefor has been furnished. The
Legislative Research Council shall provide for the distribution of the journals. Price and
distribution of the journal indexes shall be determined by a joint-select committee of the
Legislature.
§ 2-7-12. Certified copies of journals as prima facie evidence of proceedings.
Duly certified copies of such journals shall be received in all courts of the state as original
evidence, and the volumes wherein the same are published by authority of the state, shall be
prima facie evidence of such proceedings.
10-2. Journal contents. In keeping a correct journal, the secretary of the Senate and the
chief clerk of the House shall record in the journals of their respective houses the motions,
resolutions, rules and decisions of the respective houses.
10-3. Journal format and certification. The secretary of the Senate and the chief clerk of
the House shall each furnish a corrected copy of their respective compiled daily journals to
the printer having the contract for the printing of the journals. The secretary and the chief
clerk shall preface the journals by a title to appear on the first page of the permanent
volumes of the journals, substantially as follows:
(Seal of State)
Begun and Held at Pierre South Dakota
on
Tuesday, January ____ 20__
and Concluded
____________ March, _________ 20__
Published under the Direction and
Authority of the Legislature
One copy each of the daily permanent journals of the House and Senate shall be certified as
follows:
I hereby certify that the following (Senate or House) journal of the
_______________legislative day is correct.
11-2. Adopting joint rules. A joint rule may be adopted by concurrence of a majority of
the members-elect of each house.
11-3. Proceedings governed by Mason's Manual. Mason's Manual of Legislative
Procedure governs the proceedings of the Senate and the House of Representatives in all
cases not covered by these rules.
THE RATE OF TAXATION IMPOSED BY THE STATE OF SOUTH DAKOTA IN REGARD
TO ANY TAX MAY NOT BE INCREASED AND NO NEW TAX MAY BE IMPOSED BY THE
STATE OF SOUTH DAKOTA UNLESS BY CONSENT OF THE PEOPLE BY EXERCISE
OF THEIR RIGHT OF INITIATIVE OR BY A TWO-THIRDS VOTE OF ALL THE
MEMBERS ELECT OF EACH BRANCH OF THE LEGISLATURE.
Article XII, § 2. Contents of general appropriation bill--Separate appropriation bills.
THE GENERAL APPROPRIATION BILL SHALL EMBRACE NOTHING BUT
APPROPRIATIONS FOR ORDINARY EXPENSES OF THE EXECUTIVE, LEGISLATIVE
AND JUDICIAL DEPARTMENTS OF THE STATE, THE CURRENT EXPENSES OF
STATE INSTITUTIONS, INTEREST ON THE PUBLIC DEBT, AND FOR COMMON
SCHOOLS. ALL OTHER APPROPRIATIONS SHALL BE MADE BY SEPARATE BILLS,
EACH EMBRACING BUT ONE OBJECT, AND SHALL REQUIRE A TWO-THIRDS VOTE
OF ALL THE MEMBERS OF EACH BRANCH OF THE LEGISLATURE.
Article XXIII, § 1. Amendments.
AMENDMENTS TO THIS CONSTITUTION MAY BE PROPOSED BY INITIATIVE OR BY
A MAJORITY VOTE OF ALL MEMBERS OF EACH HOUSE OF THE LEGISLATURE. AN
AMENDMENT PROPOSED BY INITIATIVE SHALL REQUIRE A PETITION SIGNED BY
QUALIFIED VOTERS EQUAL IN NUMBER TO AT LEAST TEN PER CENT OF THE
TOTAL VOTES CAST FOR GOVERNOR IN THE LAST GUBERNATORIAL ELECTION.
THE PETITION CONTAINING THE TEXT OF THE PROPOSED AMENDMENT AND
THE NAMES AND ADDRESSES OF ITS SPONSORS SHALL BE FILED AT LEAST ONE
YEAR BEFORE THE NEXT GENERAL ELECTION AT WHICH THE PROPOSED
AMENDMENT IS SUBMITTED TO THE VOTERS. A PROPOSED AMENDMENT MAY
AMEND ONE OR MORE ARTICLES AND RELATED SUBJECT MATTER IN OTHER
ARTICLES AS NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE
AMENDMENT.
(1) "General appropriation act," the bill enacted by the Legislature in accordance
with the provisions of S.D. Const., Art. XII, § 2, requiring a majority vote of all the
members of each house of the Legislature; [.]
12-2. Voting restrictions. No member may vote on any question unless within the chamber
and voting before the result of the vote is announced.
12-3. Voting procedures. Questions shall be put in this form: "As many as favor the
question, as stated, say 'Yea'; as many as are opposed to the question, as stated, 'Nay'." If the
presiding officer doubts the result of a vote or if a division is called for, the members shall
divide. Those in the affirmative shall first rise from their seats and remain standing until
counted and then those in the negative shall vote in like manner.
12-4. Changing votes. If the yeas and nays have been taken on any question, no member
may change a vote after the decision is announced from the chair, unless by unanimous
consent of the house.
12-5. Majority vote required for resolutions. Any joint or concurrent resolution requires
a majority vote of the members elected to each house of the Legislature, and the yeas and
nays shall be entered upon the journal. Any House or Senate resolution requires a majority
vote of the members elected to that house, and the yeas and nays shall be entered upon the
journal.
13-2. Consent calendar placement, objections. Any bill or resolution certified by the committee chair as an uncontested bill or resolution shall be placed by the secretary of the
Senate or the chief clerk of the House of Representatives, on the consent calendar, upon an
affirmative vote therefor of all the members present of the committee reporting the bill or
resolution to its respective house. Upon objection of any member to the placement or
retention of any bill or resolution on the consent calendar, the bill or resolution shall be
removed from the consent calendar and may be placed on the house calendar for second
reading on the following legislative day. No consent calendar bill or resolution may be
considered for adoption until the legislative day following the day of its placement on the
consent calendar.
13-3. Consent calendar scheduling. The calendar committee in each house may schedule
consent calendar bills and resolutions at any time.
13-4. Consent calendar items--Questions, voting. Bills and resolutions on the consent
calendar are not debatable. The president of the Senate or the speaker of the House of
Representatives shall allow a reasonable time for questions from the floor and shall permit
the proponents of the bills or resolutions to answer the questions. Immediately before voting
on the first bill or resolution on the consent calendar, the president of the Senate or the
speaker of the House of Representatives shall call to the attention of the members the fact
that the next roll call will be the roll call on the bill or resolution on the consent calendar.
CONSTITUTIONAL PROVISIONS
NO ACT SHALL TAKE EFFECT UNTIL NINETY DAYS AFTER THE ADJOURNMENT OF
THE SESSION AT WHICH IT PASSED, UNLESS IN CASE OF EMERGENCY, (TO BE
EXPRESSED IN THE PREAMBLE OR BODY OF THE ACT) THE LEGISLATURE SHALL
BY A VOTE OF TWO-THIRDS OF ALL THE MEMBERS ELECTED OF EACH HOUSE,
OTHERWISE DIRECT.
Article IV, § 4, Par. 1, 2, 3, 4. Veto power.
WHENEVER THE LEGISLATURE IS IN SESSION, ANY BILL PRESENTED TO THE
GOVERNOR FOR SIGNATURE SHALL BECOME LAW WHEN THE GOVERNOR SIGNS
THE BILL OR FAILS TO VETO THE BILL WITHIN FIVE DAYS, NOT INCLUDING
SATURDAYS, SUNDAYS, OR HOLIDAYS, OF PRESENTATION. A VETOED BILL SHALL
BE RETURNED BY THE GOVERNOR TO THE LEGISLATURE TOGETHER WITH THE
GOVERNOR'S OBJECTIONS WITHIN FIVE DAYS, NOT INCLUDING SATURDAYS,
SUNDAYS, OR HOLIDAYS, OF PRESENTATION IF THE LEGISLATURE IS IN SESSION
OR UPON THE RECONVENING OF THE LEGISLATURE FROM A RECESS. ANY
VETOED BILL SHALL BE RECONSIDERED BY THE LEGISLATURE AND, IF TWO-THIRDS OF ALL MEMBERS OF EACH HOUSE SHALL PASS THE BILL, IT SHALL
BECOME LAW.
WHENEVER A BILL HAS BEEN PRESENTED TO THE GOVERNOR AND THE
LEGISLATURE HAS ADJOURNED SINE DIE OR RECESSED FOR MORE THAN FIVE
DAYS WITHIN FIVE DAYS FROM PRESENTATION, THE BILL SHALL BECOME LAW
WHEN THE GOVERNOR SIGNS THE BILL OR FAILS TO VETO IT WITHIN FIFTEEN
DAYS AFTER SUCH ADJOURNMENT OR START OF THE RECESS.
THE GOVERNOR MAY STRIKE ANY ITEMS OF ANY BILL PASSED BY THE
LEGISLATURE MAKING APPROPRIATIONS. THE PROCEDURE FOR
RECONSIDERING ITEMS STRUCK BY THE GOVERNOR SHALL BE THE SAME AS IS
PRESCRIBED FOR THE PASSAGE OF BILLS OVER THE EXECUTIVE VETO. ALL
ITEMS NOT STRUCK SHALL BECOME LAW AS PROVIDED HEREIN.
BILLS WITH ERRORS IN STYLE OR FORM MAY BE RETURNED TO THE
LEGISLATURE BY THE GOVERNOR WITH SPECIFIC RECOMMENDATIONS FOR
CHANGE. BILLS RETURNED SHALL BE TREATED IN THE SAME MANNER AS
VETOED BILLS EXCEPT THAT SPECIFIC RECOMMENDATIONS FOR CHANGE AS TO
STYLE OR FORM MAY BE APPROVED BY A MAJORITY VOTE OF ALL THE MEMBERS
OF EACH HOUSE. IF THE GOVERNOR CERTIFIES THAT THE BILL CONFORMS
WITH THE GOVERNOR'S SPECIFIC RECOMMENDATIONS, THE BILL SHALL
BECOME LAW. IF THE GOVERNOR FAILS TO CERTIFY THE BILL, IT SHALL BE
RETURNED TO THE LEGISLATURE AS A VETOED BILL.
Subject to the provisions of the Constitution and statutes relating to vetoes and the
referendum, an act of the Legislature which does not prescribe when it shall take effect, if
passed at a regular session, takes effect on the first day of July after its passage and if
passed at a special session on the ninety-first day after the final adjournment of such
session.
§ 2-7-20.1. Certificate of conformity by Legislature in form and style.
Whenever the Governor certifies, pursuant to paragraph four of section 4 of article IV of the
Constitution, that the Legislature has conformed a bill to his recommendations, that
certificate shall be typed and signed on the enrolled bill.
§ 2-7-20.2. Veto of bills passed before last four session days--Message to house of origin--Reconsideration--Filing with secretary of state.
Whenever the Governor vetoes any bill or any items of a bill which was presented to him
five or more calendar days before an adjournment or a recess of the Legislature, he shall
transmit his veto message with the original bill to the secretary of the Senate or chief clerk
of the House of Representatives, whichever was the house of origin, on the date of his
exercise of the power but no later than noon on the last legislative day prior to adjournment
or recess. The officer of the house receiving the veto message shall certify on the original
copy of the bill whether reconsideration was had and the vote on any reconsideration and
shall transmit the bill and veto message to the secretary of state for filing when the time for
reconsideration has passed.
Whenever the Governor fails to veto any bill which shall become law without his signature
or the certificate referred to in § 2-7-20.1, he shall deliver it to the secretary of state who
shall note, beneath the signature line provided for the Governor, that it was delivered by the
Governor without his signature and without his objections. No communication relating to
his reasons for not signing the bill shall be filed or recorded by the secretary of state.
15-2. Notification of bill or resolution rejection. If a bill or joint resolution which has
passed one house is rejected by the other, the house of origin shall be immediately notified
of this action.
15-3. Notification of bill or resolution deferred to 36th or 41st day. If the consideration
of any bill or joint resolution which originated in one house shall be postponed in the other
house to a day so distant that it will not be taken up again by the present session, the house
of origin shall be immediately notified of such action.
16-2. Call of the house. A call of the members of either house may be had in joint session
by order of the house in which the call is desired.
16-3. Recording of the proceedings. The secretary of the Senate and the chief clerk of the
House shall be the clerks of the joint session and keep a record of the proceedings and enter
the record in the journals of the Senate or of the House.
16-5. Suspension of floor privileges. During a joint session, former Governors, Lieutenant
Governors, members of the Congress of the United States from South Dakota and former
members of the South Dakota Legislature will not be admitted to the chamber. The
presiding officer will instruct the sergeant at arms to provide a reserve seating section in the
chamber gallery for these former officials who wish to witness the joint session.
|
Legislative Deadlines |
||
|
Legislative Action |
40 Day Session |
33 Day Session |
| Final day for introduction of individual bills and joint resolutions | 15th Day | 10th Day |
| Final day for introduction of committee bills and joint resolutions* | 16th Day | 11th Day |
| Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house | 26th Day | 19th Day |
| Last day to move required delivery of bills or resolutions by a committee to the house of origin* | 27th Day | 20th Day |
| Last day to pass bills or joint resolutions by the house of origin* | 28th Day | 21st Day |
| Final day for introduction of concurrent resolutions | 28th Day | 26th Day |
| During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment) | 34th Day on | 27th Day on |
| Last day to move required delivery of bills or resolutions by a committee to the second house* | 35th Day | 28th Day |
| Last day for a bill or joint resolution to pass both houses* | 36th Day | 29th Day |
| Two days preceding the final two days of a legislative session shall be reserved for concurrences or action upon conference committee reports |
37th Day 38th Day |
30th Day 31st Day |
| The final day of a legislative session is reserved for the consideration of vetoes | 40th Day | 33rd Day |
| * This deadline does not apply to the general appropriations bill. | ||