2004 Guide to the Legislature

Prepared by
SOUTH DAKOTA
Legislative Research Council

500 East Capitol Avenue
Pierre, SD 57501-5070
(605) 773-3251
http://legis.state.sd.us

State Legislatures are important institutions. Never have they been more important than in recent years as they find themselves pinned between federal mandates and local needs. Issues once addressed only in the halls of Congress are now being debated in state capitols throughout the nation.Programs once funded with federal dollars are now being funded through state and local budgets. Local governments increasingly look to the states for assistance and finances. Like never before, the decisions made by state legislatures impact the citizenry.

For our democratic system of government to prosper, it is vital that citizens get involved in government at all levels. Involvement in government doesn't necessarily include running for office or helping candidates. It does, however, include being familiar with the process, being informed on the issues, and voting for those candidates we feel will best serve and represent us.

This guide serves to explain the state legislative process in South Dakota. At a time when citizen apathy is on the rise across the country, it is our hope that those learning from this guide will translate their knowledge into involvement. Our system depends on it.

State (SDCL 20-13) and Federal (Title VI of Civil Rights Act of 1964, the Rehabilitation Act of 1973 as amended, and the Americans With Disabilities Act of 1990) laws require that the Legislative Research Council provide services to all persons without regard to race, color, creed, religion, sex, disability, ancestry, or national origin.

The South Dakota Legislature is bicameral, or composed of two bodies. The other states also have bicameral legislatures with one exception. The Nebraska Legislature is unicameral, or composed of only one body.

In South Dakota, the two bodies are the Senate and the House of Representatives. The state constitution provides that the Senate shall consist of not fewer than 25 nor more than 35 members and that the House shall consist of not fewer than 50 or more than 75 members. Currently, the Senate has 35 members and there are 70 members of the House of Representatives.

The state comprises 35 legislative districts. (See following map.) Voters in each district elect one senator and two representatives. Every ten years, in accordance with the state constitution, the Legislature must redraw the boundaries of the legislative districts to reflect shifts in the state's population. This reapportionment process keeps the districts as equally populated as possible. That way, every state citizen receives equal representation.

As mandated in our state constitution, the Legislature meets annually at the seat of government, which is the state capitol in Pierre. The sessions begin every year on the second Tuesday in January at noon. The state constitution limits the length of these sessions. In odd‑numbered years, the session is limited to 40 legislative days, and in even‑numbered years, the session is limited to 35 legislative days. Legislative days do not include Sundays, holidays, or days when the Legislature is in recess.

In addition to these regular sessions, special sessions are held periodically when a need arises. The constitution gives the Governor the right to convene a special session, but the Legislature may also call itself into special session.

The Legislature, in a Special Session on October 23-24, 2001, adopted a new redistricting plan for distribution of legislative seats based on the 2000 federal census figures. Each of the thirty‑five senate districts also constitutes a congruent, dual‑member house district with one exception.Senate District 28 constitutes two house districts, House District 28A and House District 28B.The separate districts were created to protect minority voting rights.The average population of a legislative district in 2000 was 21,567 people. Since it is a practical and political impossibility to have every district consist of exactly the "ideal" number of inhabitants, the Legislature adopted an apportionment plan with variances.The Legislature redistricts every ten years using the federal census figures.

The Legislature determined that, as a matter of policy, the legislative districts be constituted, as nearly as practicable, in accordance with the following principles:

(1)		Adherence to standards of population deviance as established by judicial precedent and to standards of population deviance as prescribed by Article III, section 5, of the South Dakota Constitution;
(2)		Protection of communities of interest by means of compact and contiguous districts;
(3)		Respect for geographical and political boundaries; and
(4)		Protection of minority voting rights consistent with the United States Constitution, the South Dakota Constitution, and federal statutes, as interpreted by the United States Supreme Court and other courts with jurisdiction.

The people who serve in the South Dakota Legislature are as diverse as the population of the state in general. There is no way to define a "typical legislator" in South Dakota. Nonetheless, it is safe to say that most legislators fit the image of an average South Dakotan more closely than they fit the image of a politician. This is due to the fact they are part‑time legislators who must juggle public service with all their responsibilities in the private sector. When they are not in Pierre devoting their time to lawmaking, legislators are in their respective districts living among those they represent.

Legislators come from all walks of life; some are just beginning careers and others are of retirement age. There are teachers, homemakers, and doctors. In years past, farmers and ranchers dominated the Legislature. In more recent years, there are still plenty of legislators involved in agriculture, but there are plenty of others in different pursuits. Among the legislators elected in 1999, for example, those engaged in business outnumber those involved in agriculture. Another one‑fifth of them is in a profession.

Recent years have also brought another change in the make‑up of the Legislature. More and more women are running for the office and being elected. There were no women in the Legislature until 1923 when Representative Gladys Pyle took office. From that year through the early 1970s, at any given time, the number of female legislators could be counted on one hand. Since that time, however, their numbers have increased rapidly. In 1991, twenty‑six women, the most ever, were sworn in as legislators. The increasing number of women in the Legislature has done more than just change its composition. To a certain degree, it has changed its agenda because women tend to bring certain issues, such as childcare and other family issues, to the forefront where they have not always been in the past.

The qualifications necessary to run for the Legislature are simple, and are the same in both the Senate and the House of Representatives. Candidates must be at least twenty‑one years old. They must be United States citizens who have resided in South Dakota for the two years just prior to the election. Additionally, they must be qualified electors in the particular legislative district they wish to represent, which means they must live and be registered voters in that particular district.

The term of office for both senators and representatives is two years. The entire membership of the Legislature is elected in every even‑numbered year. Since 1993, no senator or representative may serve more than four consecutive terms or eight consecutive years, in one house. South Dakota voters approved an amendment to the state constitution in 1992 calling for these term limits. Many other states also limit terms of state legislators. It is an idea gaining in popularity across the country not only for state legislators, but for all elected officials.

Throughout the past decade, the legislative turnover rate has remained fairly constant, hovering around 25 percent. This means that roughly one‑fourth of the state legislators are replaced at each election. Some of them choose not to run again, and others are defeated at the ballot box. If at any time between elections a legislator dies in office or resigns, the state constitution provides that the Governor appoint a replacement to fill the vacancy.

Before entering upon their official duties, members of the Legislature and its officers take and subscribe to the following oath or affirmation:

I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of South Dakota, and will faithfully discharge the duties of (senator, representative, or officer) according to the best of my abilities, and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill said office, and have not accepted, nor will I accept or receive directly or indirectly, any money, pass, or any other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill or resolution or appropriation, or for any other official act.

This oath is administered by a Justice of the Supreme Court, Judge of the Circuit Court, or the presiding officer of either house. The Secretary of State records and files the oath subscribed to by each member and officer.

All of the ideas, regardless of their size or scope, must be presented to the Legislature in the form of a bill. Bills are simply the ideas recorded on paper in a prescribed format. Only legislators and legislative committees may present or introduce bills to the Legislature, but ideas for bills come from a multitude of sources.

Often legislators have their own ideas for bills stemming from their expertise in a certain field or simply from an experience they've had or an observation they've made. For example, a teacher who is also a legislator, may sponsor a bill proposing a change in the education system he or she feels is necessary. Or, a legislator whose granddaughter is attacked by a vicious dog may seek to tighten the restrictions on keeping dangerous animals.

Special interest groups are another source of ideas. Members of these groups often ask legislators to sponsor bills promoting their interests. M.A.D.D. (Mothers Against Drunk Drivers), for instance, may persuade a legislator to sponsor a bill aimed at reducing the numbers of drunk drivers. Also, groups like the South Dakota Retailers' Association might seek sponsorship for bills addressing the concerns of small business owners.

Many ideas for bills come from government agencies. Each year several bills are introduced by legislators and committees at the request of the Governor or on behalf of a department in state government. Those who work closely with state law are often able to recommend ways to improve it. The Secretary of State, for example, may seek a change in an election law. The Attorney General might try to stiffen the penalty for a particular crime, or officials from the Department of Revenue may attempt to clarify a tax law.

Last, but not least, ideas for bills also come from those individuals represented by the legislators, the constituents. You do not have to be a state employee or a member of a special interest group to let your ideas be known. In fact, most legislators are very receptive to the suggestions and concerns of the people who live in their district. In one instance, some constituents complain to their legislator about having to leave the state to receive a certain medical treatment. In turn, their legislator sponsors a bill, which would allow them to receive the treatment in state. In another case, a constituent's problems with an insurance company lead a legislator to introduce a bill changing an insurance law. Whatever the circumstances, it takes only one individual with an idea to make a change.

Once a legislator has an idea in mind, the next step is to put the idea into the form of a bill. Though virtually anyone can draft a bill, the rules of the Legislature stipulate that all bills must be in the form and style dictated by the Legislative Research Council (LRC). Therefore, a legislator wishing to introduce a bill generally brings the idea or the draft of a proposed bill to the LRC where staff members either draft the bill or make final preparations on one drafted by others.

The legislator who begins to move the bill through the legislative process is known as the prime sponsor. The prime sponsor may introduce the bill independently or seek other legislators to act as co‑sponsors of the bill. Senate bills have senators as prime sponsors, and house bills have house members as prime sponsors. However, members of either house may co‑sponsor any bill.

Although bills may not be officially introduced until the first day of a legislative session, those elected to serve in the upcoming Legislature may prefile bills with the Legislative Research Council up to thirty days in advance. Interim committees often prefile legislation under the names of individual legislators who served on the committee. The rules require executive agencies to prefile any legislation they wish to have considered. They also must get permission from the chair of a legislative standing committee to do so.

A bill in its proper form consists of three main parts: the title, the enacting clause, and the body. The state constitution dictates that bills embrace only one subject, and that subject must be expressed in the title. Therefore, the title gives the reader a brief summary of the subject of the bill. The enacting clause, "BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA," is also prescribed by the constitution and shows that everything listed below it is to become the law of the state. If it is not included, the bill has no force of law. Lastly, the body is the remainder of the bill, the part that will actually become law. It is divided into sections to make it easier to read and to reference.

In addition to the three main parts, a bill also includes a list of sponsors and a number. The name of the prime sponsor always appears first on the bill, and the co‑sponsors are alphabetically listed thereafter. If a committee is sponsoring a bill, then only the name of the committee is listed. A number is assigned to the bill upon introduction and is used to identify the bill as it works its way through the process.

Though legislators spend a majority of their time in sessions discussing bills, they are not the only proposals that come before the Legislature. Listed below are four types of resolutions that may be introduced.

	(1)		A simple resolution is unique in that it pertains to and is acted on by only one house. It is used primarily to express an opinion, express gratitude, or condolences, or to make a request of the other house.
	(2)		A concurrent resolution expresses an opinion of the Legislature, but it has no force of law. Often it is used to persuade the Congress to act in a certain way or to make a request of the Governor or a government agency.
	(3)		A joint resolution is, by law, used to propose changes to the state constitution and submit them to the voters at the next election. It is also used to ratify or propose amendments to the United States Constitution. Unlike the previous two types of resolutions, a joint resolution must only contain matters of legislation.
	(4)		A resolution of disapproval allows the Legislature to disapprove of any reorganization of the executive branch done by the Governor during the preceding year. It is the newest form of resolution and used less frequently than the others.

In accordance with the constitution, each house elects its own officers and employees with one exception. In the Senate, the presiding officer is not elected. The Lieutenant Governor serves as President of the Senate. However, the membership does elect a President Pro Tempore from its ranks to preside in the absence of the President. In the House, the presiding officer is the Speaker of the House. Also elected is a Speaker Pro Tempore to preside in the absence of the Speaker. The election of officers occurs every year on the first day of the legislative session.

The presiding officers of both houses perform such duties as maintaining order in the legislative chambers, controlling the flow of business, recognizing those legislators wishing to speak, and signing bills and resolutions after they have passed. Beyond the presiding officers, the main officers elected are the Secretary of the Senate and the Chief Clerk of the House. Other employees include assistants to the Secretary and Chief Clerk, Sergeants‑at‑Arms, and others necessary to properly conduct business in each of the houses.

While the official structure of the Legislature and the duties of its presiding officers are laid out by the constitution and rules of the Legislature, the political structure is much less defined. It is a structure that operates to a large extent outside the public eye.

The political structure is organized by caucus. A caucus is simply a meeting of members of one political party. In each house there are two caucuses, one Democratic and one Republican. The party in each house that has the most members in its caucus is the majority party, and the party with fewer members is the minority party.

Each of the caucuses elects a leader and one or more assistant leaders. The leader of the caucus of the majority party is the majority leader, and the leader of the caucus of the minority party is the minority leader.

The duties of the leaders within the political structure are very different from those of the presiding officers. While the presiding officers concentrate on the day‑to‑day procedures of the Legislature, the party leaders focus on the actual legislation being discussed. They have duties to perform within their caucuses and duties to perform on behalf of their caucuses. If the political party decides to take a stand on a particular issue, for example, the caucus leader generally works hard to persuade all the members of the caucus to vote accordingly on the issue.� Also, the leader is often called upon to be the spokesperson for the caucus when the Legislature is in session.

Throughout most of South Dakota's history, the Republican party has been the majority party in both the Senate and the House of Representatives. This is especially true in the House where the Democrats were the majority for only four years during the mid 1930s. In the Senate, the Democrats were in the majority for most of the 1930s, for two years in the late 1950s and from 1973 to 1976. More recently, they controlled the Senate in 1993 and 1994. Beyond that, Republicans have always outnumbered Democrats.

Although the official structure and the political structure are separate, one is not completely independent of the other. The power of the majority party extends into the official structure. In both houses, for example, the majority party selects those presiding officers who are elected. They propose the nominees who are then formally voted on by the entire house. Additionally, the majority party is able to select the other officers and employees who will serve in that house. Due to this control, the majority leaders are key players in regulating the flow of business in both houses. They have more power than the minority leaders and they use it to try to get their parties' proposals signed into law.

Political Structure

Typical South Dakota Senate Seating Arrangement

This chart outlines the political party in control of the Governor's Office throughout the years and also the party composition of each house of the Legislature throughout the years.

POLITICAL CONTROL OF SOUTH DAKOTA GOVERNORSHIP AND STATE LEGISLATURE

A bill faces many roadblocks on its journey to becoming a law of this state. In fact, many bills never make it to the end of the journey. In an average year, about sixty percent of the bills introduced become law; forty percent do not. At some point along the way they fail to receive enough support to continue in the process. Following is an outline of the steps a bill must go through to be enacted into law. The numbered paragraphs below correspond with the numbered sequences in the illustration. The bill in the example is a house bill. A senate bill goes through the same process except it would begin in the Senate rather than in the House.

	(1)		*BILL IS DRAFTED*. As discussed earlier, it is at this point when the legislator's idea is put into bill form, usually by a staff member of the Legislative Research Council.
	(2)		*INTRODUCTION & ASSIGNMENT OF NUMBER*. To introduce the bill, the house member deposits seven copies of it with the Bill Clerk in the House. This must be done at least two hours prior to the opening of the daily session. The Bill Clerk then assigns a number to the bill. House bills are numbered consecutively beginning with No. 1001. In the Senate, bills are numbered consecutively beginning with No. 1. Once a bill is numbered, it cannot be withdrawn.
	(3)		*FIRST READING*. The rules of the Legislature dictate that each bill be read, or presented, twice by number and title. The first of these occurs upon introduction by the Chief Clerk of the House.
	(4)		*COMMITTEE ASSIGNMENT & PRINTING*. After the first reading, the Speaker of the House assigns the bill to a standing committee. The bill is then sent to the printer where several hundred copies are made for distribution to legislators, legislative staff, lobbyists, and any other interested parties.
	(5)		*COMMITTEE CONSIDERATION & REPORT*. At this point, the committee to which the bill was assigned begins its work reviewing the bill. Public testimony is taken and members of the committee discuss and vote on the bill.Committee members may also amend the bill. A report of the committee's actions is then submitted to the entire House by the chair.
	(6)		SECOND READING. If the bill is acted upon favorably in committee, it then goes back to the House for its second reading. By rule, the second reading takes place at least one legislative day after the House receives the committee report on the bill. Once again, the Chief Clerk presents the bill by number and title.
	(7)		*DEBATE & VOTE*. Now the bill comes before the entire membership of the House. Members use this opportunity to speak on the bill, offer amendments, and ultimately cast their votes for or against it. The bill passes if a majority of the members of the House vote in favor of it.
	(8)		*ENGROSSED*. If the bill is amended on the House floor, it must be engrossed before it moves on to the Senate.This means the amendments are added to the text of the bill, and it is put into the exact form it was in when it received final passage in the House. Bills are also engrossed before their second readings if amendments were placed on them in committee.
	(9)		*FIRST READING*. The bill begins its journey in the Senate. The Secretary of the Senate reads its number and title.
	(10)		*COMMITTEE ASSIGNMENT*. Next the bill is assigned to a standing committee by the President of the Senate.
	(11)		*COMMITTEE CONSIDERATION & REPORT*. As in the other house, the committee takes public testimony on the bill, discusses it, and votes on it. Amendments may also be added. The chair of the committee reports the committee's action on the bill to the Senate. If the bill is not supported by a majority of the committee members, it does not proceed further.
	(12)		*SECOND READING*. At least one legislative day after the Senate receives the committee report and after the bill is engrossed, if necessary, it is given second reading by the Secretary of the Senate.
	(13)		*DEBATE & VOTE*. The entire Senate is now given the chance to speak on the bill, offer amendments, and vote on it. If a majority of the Senate votes in favor of the bill, it moves on.
	(14)		*ENGROSSED*. If the bill did not undergo any changes in the Senate, it is engrossed and moves ahead in the process.
	(15)		*ENROLLED, SIGNED BY SPEAKER & CLERK, SIGNED BY PRESIDENT & SECRETARY*. After the bill passes both houses in the same form, it is enrolled. Enrollment is the process whereby all amendments and corrections are incorporated into the bill, and it is put into its final form. Following enrollment, the bill is signed by the presiding officer of each house
	(16)		*GOVERNOR*. Next, the bill is delivered to the Governor, who, in most cases, determines its fate. In this regard, the Governor has several options, all of which are clearly stipulated in the state constitution.
	(17)		*APPROVAL*. If a bill is delivered to the Governor while the Legislature is still in session, it becomes law if he signs the bill or takes no action within five days of the delivery date. If a bill is delivered to the Governor within five days of a recess or adjournment, it becomes law if he signs the bill or takes no action on it within fifteen days of the date of recess or adjournment.
	(18)		*VETO*. To show his disapproval of a bill, the Governor can veto it within the time frame stated above. This action prevents the bill from becoming law, at least temporarily, and sends it back to the Legislature. The Governor may also return bills with errors in style or form to the Legislature with specific recommendations for change.
	(19)		*CHIEF CLERK OF THE HOUSE*. Since the bill originated in the House, the vetoed bill, along with a message from the Governor explaining why he vetoed it, is delivered to the House.
	(20)		*LEGISLATURE CONSIDERS VETO*. Members of the Legislature review the Governor's veto message and then must decide whether to override the veto and let the bill become law despite the Governor's objections. In order for a veto to be overridden, two‑thirds of the members of each house must vote in favor of the override. Since the bill is a House bill, the House votes first. If two‑thirds of the House members support the override, the bill then goes to the Senate for a vote. If the House does not vote to override the veto, the veto is sustained and the legislation is dead. In cases where the bill was vetoed due to a style and form error, the bill becomes a law if a majority of the Legislature agrees to the style and form changes suggested by the Governor.
	(21)		*SECRETARY OF STATE*. All bills enacted into law are ultimately filed with the Secretary of State. This includes bills signed by the Governor, those he took no action on, and those that the Governor vetoed, but the veto was overridden by the Legislature.
	(22)		*PROMULGATION OF LAW. In the end, the Secretary of State delivers a copy of each new law to the Code Counsel in the Legislative Research Council, who is responsible for publishing the new laws. They are compiled in the Session Laws of South Dakota, an annual publication that is given to all legislators and which is available for purchase from the South Dakota Bureau of Administration. The Code Counsel is also responsible for adding the new laws to the South Dakota Codified Laws*, a multiple‑volume compilation of all the current laws of the state. The "code," as it is often called, is on the shelves of most public libraries across the state. Thus, the new laws are added to the books and are accessible to the public within a few months following each legislative session.

The state constitution provides that no law can take effect sooner than ninety days following the legislative session. In addition, existing state law sets the effective date of bills passed during the regular session at July 1, unless the new law itself lists a later effective date. There are, however, exceptions to this.

Certain bills going through the legislative process are declared to be emergency measures. Emergency measures are those measures necessary for the support of state government or for the immediate preservation of the public peace, health, and safety. They are treated differently from most other bills in two respects. First, in order to pass, they must receive the support of at least two‑thirds of the members of each house. Secondly, these bills take effect immediately upon receiving the approval of the Governor. Emergency measures are readily identified because they all must contain an emergency clause in their titles.

The illustration on how a bill becomes a law depicts the progression of a bill in its simplest form. The progress of most bills is somewhat more complicated. One frequently occurring example of this is when a bill passes each house in a different form. Say, for instance, the bill in the illustration is amended both in the House and in the Senate. After the bill passes the Senate, it has to backtrack. The bill returns to the House, where the members vote on whether or not to accept the changes made to the bill by the Senate. If the House approves the changes, the bill proceeds to the Governor's desk.

If the House does not approve the changes, the bill goes to a conference committee. A conference committee is comprised of three members from each house. Its mission is to arrive at a compromise on the bill that is acceptable to both sides. Some conference committees are successful; others are never able to reach a consensus, and the legislation is never enacted. Often a conference committee simply runs out of time. They are usually appointed late in the session and must quickly complete their work.

At first glance, the journey of a bill appears lengthy and complex, but with familiarity, the legislative process becomes less complicated and easy to follow. Without such a streamlined process, it is unlikely the Legislature would be able to review all the bills each year in such a timely manner.

The progress of each bill through the legislative process is documented in the computerized Bill Status Report. It is updated daily and provides the current status of each bill and resolution. These reports are available to the public outside of each of the legislative chambers. They can be viewed either in hard copy or on a computer terminal. The public may also purchase subscriptions to the reports or view them free of charge on the LRC web site.

If it were not for committees, the Legislature would probably be in session all year. It would take that long for the entire Senate and the entire House of Representatives to scrutinize and take public testimony on every bill. Fortunately, however, the workload in each house is divided among several subunits. These subunits are the standing committees. Their primary role in the legislative process is to thoroughly examine the bills assigned to them and recommend if these bills should become law.

There are thirteen standing committees in each house. In the Senate most committees consist of seven or nine senators. The majority leader, President Pro Tempore, and minority leader select the members of each committee and the chair and vice‑chair. In the House, most committees consist of thirteen or fifteen representatives. The Speaker of the House, with advice from the minority leader, picks the members and the chair and vice‑chair of the committees. Most legislators are members of two committees. Some serve on more than two committees, but that is often impossible due to the fact that two or three committees are usually meeting at the same time.

From a political standpoint, the composition of each standing committee mirrors the composition of the house as a whole. Say, for example, the Republicans hold a two‑thirds majority in the Senate. They would also hold a two‑thirds majority in each of the Senate standing committees, and the chair and vice‑chair of the committees would likely all be Republicans. The Democrats would not be in the majority on any committee.

Following the introduction and first reading of a bill in either house, the presiding officer assigns it to a committee. The committees are divided by subject matter. Generally speaking, this means all the bills dealing with one subject are assigned to the same committee. For example, there are transportation committees in both houses, which ordinarily receive bills regarding state highways, railroads, aviation, and other topics related to transportation. However, the committee assignment of a particular bill is not always predictable due to the fact that the presiding officers may assign any bill to any committee.

Once a bill is assigned to a committee, the chair decides when the bill will be heard, and the bill is placed on the agenda for that particular meeting.An agenda is prepared for each meeting.It contains not only the date, time, and location of the meeting, but also a list of bills likely to be discussed by the committee at that particular time. By rule, one legislative day must come between the posting of the agenda and the meeting date. This is to give legislators, lobbyists, and other interested parties enough notice so they can be in attendance at the meeting when the bill is acted upon.

The committees in the Senate and the House meet during the morning hours of each legislative day. Some of them meet three times a week, and others meet twice a week. As the legislative session progresses, some of the committees are unable to complete their work within the allotted time and must schedule additional meetings in the evenings. Each committee is staffed by at least one research analyst or fiscal analyst from the Legislative Research Council and a committee secretary.

Committee meetings are open to the public. They are all held in meeting rooms within the State Capitol. Seating is available on a first come, first served basis. When controversial bills such as those dealing with abortion or environmental issues are discussed, meetings usually draw large crowds. At other times, few people are present beyond the committee members and staff. In addition to the meetings being open to the public, the committee minutes are available to anyone desiring them.

Committees usually discuss several bills at each of their meetings. The same general procedure is routinely followed on each bill, though there are extenuating circumstances which might alter it, and the chair is free to run the meeting as he or she sees fit.

First of all, the legislator sponsoring the bill or someone he or she designates presents the bill. This involves explaining the bill and the reason why it was introduced. Following that presentation, the committee generally takes public testimony on the bill.Proponents speak first, then opponents. The testimony comes from a variety of sources. Most often, it comes from lobbyists, or individuals hired to promote the views of a group, organization, or industry on measures considered by the Legislature. Other legislators also sometimes wish to share their views. Finally, it comes from members of the general public. Anyone is free to express an opinion during the committee process whether they are in favor of a bill or against it.

Upon completion of the public testimony, members of the committee discuss the bill.Some committee members ask questions of those who have testified. Others express their opinions on the merit of the bill. Still others offer amendments, or proposed changes, to the bill they think will improve it. At times, amendments are offered which change the bill entirely. These amendments are known as hoghouses, and they involve deleting the entire content of the bill following the enacting clause and replacing it with different material.

Next, the committee must make their recommendation on the bill. Below are the recommendations a committee makes.

	(1)		DO PASS, which means the committee recommends the bill pass in its original form.
	(2)		DO PASS AMENDED, which means the committee recommends the bill pass, not in its original form, but in an altered form set out by the committee.
	(3)		DO NOT PASS, which means the committee feels it is important for the bill to be considered by the entire house, but does not recommend its passage.
	(4)		WITHOUT RECOMMENDATION, which means the committee cannot come to a consensus or has no feelings on the bill one way or another, so feels the entire house should determine whether it should pass.

In addition to the above-mentioned recommendations, there are other actions a committee can take on a bill. A committee is able to kill a bill, or prevent it from getting any further in the process, in two different ways. First, they can table it, which postpones further discussion on the bill until such time as a majority of members of the committee vote to have it brought up for discussion once again. Secondly, a committee can kill a bill by postponing it to a date that falls after the adjournment date of the legislative session.

Committees must take final action on every bill they are assigned, and that action must be reported to the entire house. All final actions taken on bills by standing committees require a majority vote of the members‑elect. This means that a majority of the entire membership of the committee is needed, not just a majority of those present at that particular meeting. If there is unanimous agreement that a certain bill be recommended "do pass" or "do pass amended," and the bill does not require a two-thirds vote for passage, the committee can recommend that the bill be placed on the consent calendar of the particular house. This allows the other members of the house know that the bill passed unanimously and prohibits further discussion on the bill by the entire house unless one of the members feels it is warranted.

Following is a list of the standing committees in both houses and some of the subjects they cover.

Bills relating to the production and distribution of agricultural products; soil conservation; animals and livestock; the state fair; regulation of grain elevators, pesticide and fertilizer dealers and livestock auctions; weather modification; and brand inspection. Bills relating to game, fish and parks; mining; water development and irrigation; forestry; environmental protection; energy conservation; trespass laws; and nuclear waste disposal.

Bills relating to health matters; mental illness; drugs; chemical dependency; the aged or disabled; the medical and nursing professions; medical malpractice; welfare assistance; regulation of hospitals and nursing homes; state institutions for the mentally ill, blind, deaf, or retarded; spousal abuse; and abortion.

Bills relating to the courts and court administration; the legal professions; crimes; criminal procedure; law enforcement; personal rights; civil law and procedure; domestic relations; succession and probate; guardianship; administrative procedures; prisons and jails; code commission; and human rights.

Bills relating to legislative procedures; the Legislative Research Council; and basic housekeeping matters during the legislative session.

Bills relating to the organization and administration of county, municipal, and township government; special districts; elections; and planning and zoning.

Bills relating to the organization of the executive branch of state government; policy decisions of overriding state concern; public employees; worker's compensation; public fiscal administration; veterans and military affairs; the state Legislature; the state constitution; relations with the Indian tribes; the state building authorities and state authorized bonds; and regulation of electrical and telephone utilities. Bills not clearly identified with any other committee or subject area will usually find their way to the State Affairs Committee.

Bills relating to highways and bridges; motor vehicles; public safety; regulation of motor carriers; traffic ordinances; and licensing.

In addition to the standing committees, there are also select committees, which are generally composed of three members from each house. Select committees are appointed periodically to perform specific tasks such as arranging for a joint session of the Legislature, determining the compensation of legislative employees, or notifying the Governor that the Legislature has completed its work for the year.

One of the greatest challenges legislators face each year is the task of dividing state funds among many competing interests. It is difficult for the simple reason that there never seems to be enough money to do everything requested. Not every program within every state agency can be fully funded. Therefore, the legislators must set priorities and distribute funds accordingly.

The ultimate goal in any state budget-making process is to provide a high level of services to the citizens of the state, while at the same time keeping taxes low. In recent years, this ultimate goal is becoming an impossible dream in almost every state in the union. As the federal government and local governments look to the states for increased financial support, states are feeling the pinch. They are left with the grim reality that, in many instances, budget cuts must be made or taxes must be raised, and neither option is popular with the citizenry. While South Dakota has not experienced the severe economic shortfalls many other states have, it is certainly not immune from them.

The appropriations process, or the process whereby moneys are set aside for specific uses, is two‑fold. First, it involves determining the amount of revenue available. Secondly, it involves appropriating money for the operation of state government and for various other uses. The state appropriations process is the responsibility of both the Governor and the Legislature. Each of them plays a role in ultimately deciding how state funds are spent.

In South Dakota, the Governor's role in the process begins in late summer of every year. By that time, he and his economic advisors are busy preparing a budget for the upcoming fiscal year, which begins on the next July 1 and runs through the following June 30. The Governor's budget contains revenue projections and recommended expenditures. It contains a separate budget for each state agency. Within each agency budget, expenditures are broken down by program. In addition, expenditures for salaries are listed separately from expenditures for other operating expenses. Funding sources are also listed separately. If, for example, a program is partially funded by the federal government, those funds are listed separately from the funds projected to come from the state treasury.

By early December, the Governor must submit his budget to the Legislature, and its involvement in the appropriations process begins. The Legislature's role involves two separate tasks. The first of these is to formulate the general appropriations act. Often referred to as the general bill, it appropriates money for the ordinary expenses of the three branches of state government. The second task is to act upon special appropriations bills, which appropriate money for certain special projects and various other uses. The responsibility for these tasks is held to a great extent by the appropriations standing committees in the two houses. Though these committees are regular standing committees, they operate somewhat differently than the others. Their workload requires them to meet on every legislative day, so their members do not generally belong to other standing committees. Their attention is focused solely on the state's finances.

In most years, the appropriations committees in the Senate and House meet as a joint committee for the purpose of formulating the general bill. The chairs of the two committees act as co‑chairs. Further, the joint committee divides into two subcommittees, both of which are comprised of senators and representatives. Each of the two subcommittees is chaired by one of the co‑chairs.

The procedures followed by the Joint Appropriations Committee in formulating the general bill are similar to those followed by the Governor and his staff in preparing the Governor's budget. First, they must estimate the amount of revenue that will be available at the start of the fiscal year, and then they must decide how they want it distributed.

Legislative rule requires that the general appropriations bill be introduced by the sixteenth legislative day of every session. It is alternately a Senate or House bill. In past years, the committee did not introduce the bill until all the joint committee work was complete. In recent years, however, the originating committee has introduced the general bill before the joint committee�s work is complete. Therefore, the bill may contain figures from the Governor�s budget or elsewhere, which the joint committee may amend as the bill proceeds.

Early in session, the fiscal staff of the Legislative Research Council presents the committee with the revenue projections they have prepared. The committee also hears the Governor's economic advisors present their revenue projections, then sets a revenue estimate. In recent years, the committee has adopted a revenue estimate very late in the session.

By far, most of the committee's time is spent deciding how and where to spend money. Representatives of each agency in state government appear before the committee for a budget hearing. At the budget hearing, the agency representatives explain to the committee members how much money they feel their particular agency needs and why they need it. Agencies under the control of the Governor request the amount of money allotted to them in the Governor's budget. Agencies from the other branches of government may well ask for funding in excess of what has been recommended for them by the Governor. Fund amounts appropriated in the general bill are good for one year.� If they are not spent within that time, the general funds revert back to the general fund and from which they may be appropriated the next year. Federal funds and other amounts represent authority to spend, and may not necessarily correspond to actual money.

Generally, the joint committee focuses almost exclusively on budget hearings for the first several weeks of the legislative session. When the hearings are completed, the committee then must give each request careful consideration and set a budget for each agency. When a particular budget set by the joint committee is different from that set by the Governor, the general bill is amended accordingly. Finally, all of the amendments adopted by the committee are included in the committee report on the bill, and it proceeds to the floor of the house of origin.

With the bulk of the general appropriations act behind them, the appropriations committees are free to concentrate on the special appropriations bills. When the joint committee's work is done, the Senate and House members each form separate units once again take final action on the special bills, just as the other standing committees act upon the bills presented to them. Often, however, the House and Senate Appropriations Committees meet to hear bills, only to defer them for final action until the end of session when they have a better idea of how much money is available.

As indicated earlier, special appropriations bills are normally used to fund special, one‑time projects. They can, however, also be used to fund items ordinarily funded through the general bill if the Legislature chooses to use this means to give the items special emphasis. In order to pass, special appropriations bills must receive the support of two‑thirds of the members of both houses.

Late in the legislative session after all the spending decisions are made, the general bill is debated on the floors of both houses in the same manner as other bills. Legislators are free to offer further amendments to the bill at that time, though they are not frequently adopted. Unlike the special appropriations bills, the general bill requires only a majority vote for passage.

When the general bill has passed both houses, it is delivered to the Governor, and he resumes his role in the appropriations process. As with other bills, he can sign the general bill or veto it. Additionally, the state constitution gives him another option concerning the general appropriations bill.

The Governor can use a line‑item veto. A line‑item veto gives him the ability to veto certain portions of the general bill while leaving the remaining portions of it intact. For example, if he is in agreement with the Legislature on the amount of funds appropriated to all state agencies except one particular agency, he could veto the amount allocated to that agency and let the remainder of the bill stand.

As with any other veto, the Legislature can override a line‑item veto if two‑thirds of its membership is in support of such an action. Unlike other bills, however, which may never become law, the general appropriations act must be enacted in some form. If it is not, state government will not have funding for its day‑to‑day operation.

The general appropriations act and most of the special appropriations bills enacted during the legislative session take effect the following July 1. Thus, state government's appropriations process draws to a close only to have it begin all over again in a few short weeks.

The image that usually comes to peoples' minds when they think about the state legislature is the image of legislators in the two legislative chambers. They are in a formal setting and surrounded by a flurry of activity. Say, for example, a representative is addressing the House with a long speech. At the same time, a group of representatives are gathered in the back of the chamber discussing a bill on which they will soon vote. Another representative is reading mail from her constituents.

In the Senate, a vote is about to be taken on a bill. One senator is catching up on the events of the day by reading the newspaper. Another is asking some of his colleagues for their votes on a particular bill. Yet another senator is outside the chamber seeking information from a lobbyist.

These are typical scenes from the daily sessions that take place every legislative day. Though the legislators do a lot of their work and spend a lot of their time away from the legislative chambers, the time spent there for daily sessions is what the public thinks of most.

The legislative chambers are located on the third floor of the State Capitol. The rotunda separates the two chambers; the Senate chamber is on the west side, and the House chamber is on the east side. Extensive renovations in recent years within the chambers as well as throughout the building have restored the original beauty of the Capitol, which was built in 1910.

The Senate chamber is horseshoe‑shaped. The room is decorated in pastel green, and its woodwork is mahogany. Ornate stenciling and a mural adorn the high ceiling. Reproductions of the original antique chandeliers provide lighting.

Looking into the chamber from the back, the Republicans sit on the left side, and the Democrats sit on the right side. Each senator has a roll‑top desk equipped with a microphone.� The podium for the President of the Senate is front and center. In front of it is a large desk for the Secretary of the Senate and other legislative employees. To the President's right, there is an area reserved for members of the press. The Sergeants‑at‑Arms sit at desks by the main entrance.

The House chamber is larger than the Senate chamber and rectangular in shape. Its woodwork is quartersawn oak, and it is decorated in earth tones. Its furnishings and arrangement are similar to the Senate except the Republicans and Democrats sit on opposite sides. Along with the ornate stenciling, the ceiling of the House chamber contains the largest mural in the Capitol.Unlike the Senate, the House is equipped with an electronic voting system. Large panels on either side of the podium display votes within seconds after they are cast.

With rare exceptions, no one but legislators and staff are permitted on the floors of the chambers. Although the public is not allowed to participate in debates occurring on the Senate and House floors, they are able to observe the proceedings. Both chambers are surrounded by a gallery, which is located on the fourth floor. The galleries provide ample seating and allow the public a bird's eye view of all that is taking place just below them on the Senate or House floor.

From time to time during a legislative session, members of both the Senate and House of Representatives meet together in a joint session. A prime example of this is on the first legislative day of every session, when members of both houses convene in the House chamber for the Governor's State‑of‑the‑State address.

Legislators of both houses also come together once each year to honor former members of the South Dakota Legislature who have died during the past year. During these joint sessions, the President of the Senate presides and the Secretary and Chief Clerk record the proceedings. For the most part, however, the two legislative bodies do their work independently of each other.

The chambers come alive each legislative day at 2 p.m. At that time, the legislators, having just met in their respective caucuses, descend upon the House and Senate floors and are ready to begin their daily sessions.

Legislators begin the session each day with a prayer led by the designated chaplain of the day, followed by the Pledge of Allegiance. The roll is called in their respective houses by the Secretary of the Senate and by the Chief Clerk of the House. When the formalities are complete, the lawmaking begins.

The focus shifts to the day's calendar. Calendars are prepared daily by the Secretary of the Senate and the Chief Clerk of the House. The purpose of the calendar is to inform legislators and other interested parties of the motions and resolutions, committee reports, consent calendar bills and resolutions, and second reading of bills and resolutions to be considered that day. The Secretary and Chief Clerk are directed in their preparation of the calendars by each house's calendar committee, which consists of the presiding officer, the majority leader, and the minority leader.

Most of the time spent in the daily sessions is devoted to the bills scheduled for second reading. Consent calendar bills are ordinarily read and voted on first. Then, one by one, the other bills are read the second time, debated, and ultimately voted upon.

One tool that legislators find very useful at this point is the Daily Reader. It is a publication containing the bills on that day's calendar in their current form. So, if a bill has been amended in a committee or on the other floor, legislators have quick access to this information. A separate Daily Reader is prepared for each house, and it is distributed to the membership prior to the start of the daily session.

Early in the legislative session, the daily floor sessions are brief. Many bills have not yet been introduced or at least have yet to be heard in a committee so there is little work to do on the floors.

As time progresses, more and more bills begin to appear on the calendars, and legislators spend more time on the floors. Late in the session, the controversial bills, which tend to progress through the legislative process more slowly than other bills, reach the floors and elicit a lot of debate. The daily sessions may well extend into the evening hours. At this point, it is not uncommon for one or both houses to defer, or postpone, action on bills listed near the end of the calendar simply because the debates have run long and members are weary.

Generally speaking, most members of the Legislature already know how they are going to vote on a particular bill before it is ever debated on the Senate or House floor. This is due to the fact that some of them are members of the committee that heard the bill. Others likely discussed the bill with lobbyists or constituents and may have decided how to vote based on those discussions. Still others may have decided how to vote after attending their respective caucuses just prior to the start of the day's session.

This does not mean, however, that debates are without purpose or are never able to persuade members of the Legislature. Speeches given and questions asked by members of both houses on the floors are often used to draw media attention or garner public support for a particular point of view. They are also used to clarify certain aspects of a bill that may be vague or misleading.

All in all, the daily floor sessions give members of both houses the only chance they get during a legislative day to come together as a unit and discuss the issues at hand. They provide an arena for members to voice their views and cast their votes on the issues confronting the state.

A visitor to the State Capitol observing a daily session for the first time may find it chaotic and time‑consuming. Legislators and those familiar with the legislative process, however, tend to look beyond the flurry of activity and the sometimes endless debates to the important role the daily sessions play in creating the laws of this state.

The legislative procedures followed in this state are governed by rules from a variety of sources. Some of them are stipulated in the United States Constitution or in the state constitution. Others are found in South Dakota Codified Laws. Still others are a matter of custom. They have been in practice for so many years they have become unwritten laws.

The primary reason these rules are in place is to keep the legislative process operating efficiently and fairly. If there were no rules, the chances are good that some pieces of legislation, and perhaps even some legislators, would not receive fair treatment.

Efficiency in the lawmaking process is increased dramatically due to the legislative cutoff dates, which are designated in the joint rules. These cutoff dates are the final legislative days on which certain activities can take place. For example, there is a cutoff date for bill introduction, and no bills may be introduced once that deadline is passed.

There are also cutoff dates dictating the last legislative day for bills to be heard in their house of origin, and once in the second house, the last legislative day for bills to be heard in the second committee. They keep the bills moving through the process at a fairly even pace. Without these and the other cutoff dates, it is likely that many bills simply would not make it through the legislative process by the time the session was over. During the daily sessions, many of the rules come into play; they provide structure to the conduct of business and the debate of bills.

The state constitution requires that the proceedings of the daily sessions in both houses be recorded. Therefore, a journal is prepared in both the Senate and House on every legislative day. They are compiled by Legislative Research Council employees under the direction of the Secretary of the Senate and Chief Clerk of the House. Each day's journal is printed and made available to all of the members and other interested parties the following morning. At the end of the legislative session, all of the daily journals of each house are bound together and become a permanent record of the proceedings of that year.

The journals contain such items as the roll call, reports of the standing committees, messages from the other house, and motions and resolutions. The journals also list bills that received first reading and those that received second reading. More importantly, they contain a record of how the members of the body voted on the bills and resolutions coming before them on that day. The journals are not verbatim transcripts of proceedings.

The conduct of business within each house is governed by the joint rules and by Mason's Manual of Legislative Procedure, the official guide to parliamentary procedure used by bicameral Legislatures. The procedures followed allow the work to be accomplished in an orderly fashion, and most importantly, provide the members with equal opportunities to address the body.

A majority of the members of each house constitutes a quorum necessary for the transaction of business in that chamber (although a smaller number of members may adjourn from day to day). The state constitution also gives a smaller number of members in each house the authority to compel the attendance of absent members.

Once the daily session begins, any member wishing to speak must stand and respectfully address the presiding officer. Once the presiding officer recognizes that member, he or she is free to address the body. Also, if a member wishes to ask a question of another member, the question must be asked through the presiding officer and only if the member to whom the question is addressed is willing to answer it. Only questions relating to the subject‑at‑hand are allowed.

Unlike in the committees where there are no limits on debate, the joint rules limit legislators in their debate of bills on the Senate and House floors. First of all, every member is entitled to speak on a particular subject before any member of the body speaks on it more than once. Additionally, no member of the Senate or House can speak on the same subject more than twice or longer than ten minutes without the consent of a majority of the members present. If a member wishes to speak beyond the time limit, other members not desiring to speak on the issue may yield up to twenty minutes of their time to the member speaking.

At certain times during the course of a daily session, members of either house may wish to debate the question before them on a more informal basis than the rules ordinarily allow. Under these circumstances, they have the option of sitting as a committee of the whole.

When a committee of the whole is formed, the presiding officer appoints one of the members to serve as the chair. Most procedures followed in the committee are the same ones followed by the house. The main exception to this is that members are given greater leeway in discussions and there may not be a limit on debate.

The proceedings of a committee of the whole are not recorded in the journals, and no final actions may be taken. The committee of the whole is used to open up dialogue, to allow for public testimony, and to make a recommendation to the house on a given question, much like the standing committees do. They are not utilized very often in South Dakota except during special sessions.

Throughout the debates on bills and resolutions during the daily sessions, the legislators are allowed to make motions, or formal suggestions. The joint rules clearly stipulate the motions that may be offered. All motions must be seconded before any action can occur on them. They cannot be withdrawn unless all of the members agree to the withdrawal.

Some of these motions are debatable. Others are not debatable and are voted on immediately. Most of the motions require the support of the majority of the members‑elect, but others require less support. Listed below are some of the most common motions and a brief description of them.

	TO ADJOURN. This motion brings the proceedings to a close for the day. It is always in order except when roll is being called. It is not debatable.
	TO RECESS. This motion stops the proceedings temporarily usually until a designated time when the session reconvenes. It is not debatable.
	TO AMEND. This motion alters in some way the language of the bill or resolution being discussed. It is debatable. The amendment is ordinarily distributed to all of the members in writing.
	TO POSTPONE TO A DAY CERTAIN. This motion delays action on a bill until a later date.Postponing bills to a date that falls after the legislative session has ended is often a tactic used to kill legislation. It is debatable.
	TO LAY ON THE TABLE. This motion ends the discussion on a bill until such a time as a majority of the members‑elect agree to remove it from the table. It is not debatable.

When a legislator makes a motion to amend, the proposed amendment can be as minor as changing only a word or two, or as major as completely changing the bill. In fact, some amendments delete the entire content of a bill with the exception of the enacting clause and insert completely different material. In South Dakota, this type of� amendment is known as a hoghouse; several bills are changed in this fashion during every legislative session.

Another fairly common motion is a motion for reconsideration. After a bill or resolution has been voted upon for final passage and while it is still in the possession of that house, any member may move for reconsideration. The member making such a motion is asking that the vote be reconsidered, or canceled and retaken. The motion requires a majority vote of the members‑elect and must be made no later than the next legislative day.

One other motion stipulated in the joint rules is a motion to order a committee to send a bill to the full body. If one‑third or more of the members‑elect of either house supports the motion, the committee must deliver the bill to that house by the next legislative day. The committee may send it with or without recommendation. This procedure is referred to as a smoke out. It is used to force certain bills to be considered by the entire body even though the committees to which they have been assigned have not yet reported on them.

The same rules that give the legislative proceedings their order and structure can at times be a hindrance. Therefore, certain rules of the Legislature may at times be suspended, or set aside. The joint rules may be suspended if two‑thirds of the members of both houses support the action. Likewise, the rules of either house may be suspended if two‑thirds of the members of that particular house support the action. To the contrary, no rules provided for in state statutes or in the federal or state constitution may be set aside at any time.

Most rule suspensions occur late in the session. Say, for example, it is the legislative cutoff date for bills to be heard in the house of origin. The hour is very late, and the Senate still has several senate bills to act upon. In that instance, it is likely the rules would be suspended to allow action on senate bills the day after the cutoff date.

Rules are only suspended for specific purposes. While they do give the legislators some latitude they would not otherwise have, these suspensions do not occur routinely and are generally avoided if at all possible.

The Joint Rules provide that the three days preceding the final day of the legislative session are reserved for concurrence by each house with actions of the other house and for action upon conference committee reports. Traditionally, the last day of the session is held two to three weeks later and is reserved for the consideration of vetoes. At the close of the final day, both houses adjourn sine die, or without a day being set for reconvening, at a time determined by a select committee appointed for that purpose.

In accordance with dictates of the state constitution and state law, the Senate must confirm many of the Governor's appointees. A nomination requiring confirmation is first assigned to a committee that considers the nomination and reports to the full Senate.� The Senate as a whole then considers the nomination and either consents to it or rejects confirmation of the nominee. Appointees of the Governor who must be confirmed include all the executive department heads and a host of other officials.

Lastly, the state constitution gives the House of Representatives the sole power of impeachment, or the power to remove a public official from office due to misconduct. Officials subject to impeachment include the Governor and other state and judicial officers. They may be impeached only if a majority of the members elected to the House of Representatives are in favor of it.

If an official were impeached, he or she would then be tried by the Senate in a fashion similar to the way those accused of a crime are tried in a court of law. The official would be convicted only if two‑thirds of the senators were in support of such an action.

Legislators new to the process are more than likely overwhelmed by all the rules the Legislature follows. They may initially hesitate to voice their opinions in a daily session for fear of breaking the rules. Within a short time, however, the rules become familiar, and their importance becomes evident.

Voting is, without question, the most crucial part of lawmaking.It is at that point when legislators are asked to express their opinions on a particular issue in no uncertain terms. Hours and hours of research or debate cannot guarantee the success of a piece of legislation. Getting enough votes at every juncture through the entire legislative process is what turns bills into laws.

In order for most bills and resolutions to pass, they need the votes of a majority of the members‑elect in both houses. However, just as some motions require more support than others to be adopted, some bills require additional support to be passed.

As discussed earlier, special appropriations bills are one example of this. In order to pass, they must receive support of at least two‑thirds of the members‑elect in each house. Another group of bills which require the same level of support are those containing an emergency clause. They are unique because they take effect immediately upon being signed by the Governor rather than at least ninety days later or on July 1 as most other bills do.

During a daily session, the Joint Rules require every member who is in the chamber at the time a question is posed to cast a vote. At the same time, members not inside the chamber at the time may not vote.

Votes taken on the passage of bills and resolutions must be recorded in the journal. Therefore, a roll call vote is always taken in those instances. It is also used at other times when the presiding officer deems it necessary or if one‑sixth or more of the members present support its use for a particular vote.

Roll call votes are conducted somewhat differently in each of the two houses due to the fact the House has an electronic voting system and the Senate does not. In the House, the Chief Clerk under the direction of the Speaker of the House operates the electronic roll call system. When a roll call vote is taken, the voting system is unlocked and members are given enough time to cast their votes by pressing one of the two buttons positioned on their desks. Pushing the green button signifies a positive vote and pushing the red button signifies a negative vote.

When all the members present have voted, the voting system is locked. Then, the vote is displayed and recorded in the journal. Members of the House and those in the gallery can view the votes of all the members, who are listed alphabetically on the large electronic voting boards on either side of the podium. The voting system not only displays how each member voted, but it also tallies and records the vote on ballot sheets containing the members' names.

In the Senate, roll call votes are conducted in a more traditional manner. The Secretary of the Senate calls the names of all the senators alphabetically, and they, in turn, cast their votes verbally. When all the senators present in the chamber have voted, the Secretary tallies the votes, announces the outcome, and the votes are recorded in the journal.

This is the same voting procedure that has been used in the Senate since it began. In recent years, some senators have suggested that an electronic voting system similar to that in the House be installed in the Senate. Thus far the idea has been resisted by a majority of the senators. The Senate did, however, recently install a computer system that the secretary uses to tally and record the votes, but it is far from an electronic voting system.

When the roll call vote is not used, a voice vote is usually taken. It is the quickest and simplest method of voting. In most instances, there is an obvious majority on one side or the other, and the presiding officer can readily judge the vote by the sound. Occasionally, however, the presiding officer is in doubt and must call for the members to divide. All the members voting in the affirmative rise. Once they are counted and seated, the members casting negative votes rise and are counted, and the vote is determined in that way.

Deciding how to vote on the many issues confronting them is often difficult for legislators. This is especially true when their constituents are fairly evenly divided on the issue, or when their own sentiments disagree with those of constituents. Also, to complicate matters further, legislators may be feeling pressure from their caucus leaders to vote a certain way. In the end, the legislators must make the decision, and it may be a decision that will follow them throughout their political lives.

Legislative sessions are hectic. Legislators are busy garnering support for the bills they have introduced. They are doing research, meeting with lobbyists, communicating with constituents, and tending to many other responsibilities. They are able to accomplish all of this, in part, due to the assistance they get from the session employees and a variety of other sources.

One of the main sources of this assistance is the staff of the Legislative Research Council. Established in 1951 by legislative action, the Legislative Research Council (LRC) is the state's legislative service operation. By statute, the LRC is composed of all the members of the state legislature. It is directed by an executive board consisting of fifteen legislators, seven senators and eight representatives. The Speaker of the House and the President Pro Tempore are always members of the Executive Board, and the other members are elected by their respective houses.

The main function of the LRC is to consider legislative policies between sessions. Its staff, however, provides service to the Legislature throughout the entire year. Members of the staff perform research, draft bills, and provide budgetary analysis. They also staff the committees that meet between sessions.

The LRC is also charged with the task of printing all administrative rules and regulations promulgated, or put into action, by state government agencies in the Administrative Rules of South Dakota (ARSD). The Legislature authorizes state agencies to promulgate rules to carry out legislative mandates. Authorization is given when an agency has special expertise the Legislature does not have time to acquire, when frequent changes, such as dates or fees, need to be made, or when a general law needs to be made more specific.

The LRC Library houses a historical collection of legislative documents including bills, journals, and committee minutes. The library also contains research materials pertaining to current legislative topics.

The office of the Code Counsel is within the LRC. The Code Counsel is the attorney responsible for compiling the new laws after each session and revising the South Dakota Codified Laws.

Another source of assistance to the state legislature is the Department of Legislative Audit.It is headed by the Auditor General, an experienced public accountant who is appointed by the Legislature to an eight‑year term. The Auditor General's activities are directed by the Executive Board of the LRC.

The department is charged with the task of auditing all state and local government agencies. This is done primarily to ensure that revenues are being collected in compliance with state law, and funds are being spent in accordance with the intentions of the Legislature. The objective information gathered by the department is used by the Legislature to monitor the fiscal practices of these agencies and perhaps as a basis for legislative action to improve the state's fiscal structure.

While the LRC and the Department of Legislative Audit serve the Legislature year round, other groups provide assistance only during the legislative sessions. One of these groups is the session employees. They are individuals who serve the Legislature in a variety of capacities.

Among them are the Sergeants‑at‑Arms who keep order in the legislative chambers, the documents personnel who distribute bills and journals, and the committee secretaries who prepare the committee minutes. Additionally, there are those who work in the chambers assisting the Secretary of the Senate and the Chief Clerk of the House.

Two of the groups assisting the Legislature during sessions, the legislative interns and pages, are unique because their roles are two-dimensional. They not only give to the Legislature, but they also take from it. The interns and pages perform necessary services for the Legislature, and at the same time, they learn about the legislative process and are able to view it first hand.

Legislative interns are college students, usually in their junior or senior year, whom the leadership of the political parties in each house selects. A total of twenty‑two college students may participate in the intern program, which is administered by the LRC. Participants assist the legislators to whom they are assigned with research, answering mail, and numerous other tasks.

Legislative pages are high school seniors. They are assigned to work in either the Senate or the House. Their work duties consist of distributing bills and journals, answering phones, and running errands for the legislators. Students interested in being pages must apply through a legislator and submit their applications to the LRC. The pages serve in staggered terms, each lasting about two weeks.

When added all together, those serving the Legislature represent a large group. They don't all perform the same tasks, but they do all help the legislators accomplish what they were elected to do.

Although the legislators complete the bulk of their legislative duties during the annual sessions, they are involved in lawmaking to a certain degree throughout the entire year.

They use the time between legislative sessions, or the interim, to study certain topics in‑depth. The topics studied during this time period are generally topics that require more analysis than they can be given during the busy sessions.

The topics discussed are determined by the Executive Board of the Legislative Research Council. The board makes its determination based on the suggestions it receives from standing committees and individual legislators.

Once the topics are decided, interim committees are formed to study them. Some interim committees discuss one major topic while others discuss several smaller topics on related subjects.

Legislators are polled as to which committees, if any, they would like to belong. Then, using the polling results, the Executive Board selects the members of each committee. The board also selects the chair and vice‑chair of each committee.

Interim committees are comprised of both senators and representatives. On average, the committees meet about three times at various intervals throughout the interim months and are staffed by employees of the LRC.

There is one committee that is somewhat different from the ones described above. The Interim Appropriations Committee meets during every interim. Its members are the same legislators who make up the Joint Appropriations Committee, which meets during the legislative sessions. Likewise, it is co‑chaired by the chairs of the standing Appropriations Committees in each house.

Upon completion of their work at the end of the interim, each committee issues a final report to the Executive Board. The final reports list the committee members, the dates and locations of their meetings, and a summary of their accomplishments.

Also included in the final report is a list of legislation adopted by the committee. The legislation is based upon the findings of the committee, and is introduced at the next legislative session by some of the members on the committee's behalf.

During the interim, a legislator's lawmaking duties may consist of more than serving on interim committees.� Legislators may also find themselves in a special session. Special sessions are, quite simply, sessions other than the regular session. They are only held for specific purposes.

In South Dakota, special sessions are not common. In fact, only about twenty of them have been held since statehood. Historically, the Governor had the sole authority to convene a special session. In 1990, however, voters agreed to a constitutional change allowing the members to call themselves into special session if two‑thirds of the members of each house support the idea.

The Governor convened two special sessions in 1994. Both of them were precipitated by court decisions. The first one, held in July, was in response to the Supreme Court decision ruling the state's video lottery unconstitutional. At that time, the Legislature voted to place a constitutional amendment on the November ballot to authorize video lottery, and allowed money from the budget reserve fund to be transferred to the general fund. The second one occurred in September after a circuit court judge ruled that the Governor, faced with a revenue shortfall due to the video lottery shutdown, lacked the constitutional authority to cut the state's budget. During that session, the legislators repealed several special appropriations bills passed during the regular session in 1994, and also reduced the amount of money allocated to various state agencies.

Another special session was held on April 14, 1997. The legislators came back to Pierre not long after the culmination of the regular session. The Governor called them back to address the problems facing the state as a result of the record-breaking blizzards and floods. Legislators voted to temporarily increase the excise tax on motor fuels to pay for road and bridge repair. They also provided financial assistance to local governments to assist with disaster relief.

Since that time, there have been three additional special sessions. In 2000, the Governor called the legislators to Pierre to consider selling the South Dakota Cement Plant. The idea won the support of the Legislature. In 2001, the legislators called themselves into a special session to deal with the issue of redistricting following the 2000 Census. Finally, in the summer of 2003, Governor Mike Rounds called a special session to create, implement, and fund a health insurance risk pool for persons who had lost health insurance coverage through no fault of their own.

In addition to their work on interim committees and the rare special session, legislators spend time during the interim focusing on the upcoming regular session. Often, they use the time to take input from constituents, and work on bills they want to introduce.

Lastly, the interim period of every even‑numbered year finds many legislators seeking re‑election. They often spend long hours campaigning; all in the hope they will be able to return to Pierre in January and continue to shape the laws of this state.

	*VOTE*
	When you turn 18 years old, REGISTER to vote at your county auditor's office. EXERCISE your civic duty. (It's not just a right, it's a responsibility.)
	*STAY INFORMED*
	TRACK legislation on the Internet or through the newspaper. TUNE IN to SD Public Television or Radio for daily summaries of legislative activity or catch some of the live action on their web site (http://www.sdpb.org/statehouse/).
	*EXPRESS YOUR OPINION*
	CONTACT legislators with your concerns and ideas; let them know your views. TESTIFY at committee hearings on bills of special interest to you or about which you have knowledge or experience. catch some of the live action on their web site (http://www.sdpb.org/statehouse/).
	*USE THE INITIATIVE PROCESS*
	SD's Constitution reserves the right of individuals to PROPOSE measures. GATHER enough signatures and your proposal will be placed on the statewide ballot.

ADJOURNMENT--termination of a meeting; occurs at the close of each legislative day upon completion of business, with the hour and day of the next meeting set prior to adjournment.

ADOPTION--approval or acceptance; usually applied to amendments or resolutions.

AMENDMENT--any alteration made or proposed in a bill, motion, or clause thereof by adding, changing, substituting, or omitting.

ANNOTATION--the official annotations are the compilation of histories of sections of the statutes, interpretative notes, court decisions and attorney general's opinions. They are published following each section of the South Dakota Codified Laws.

APPORTIONMENT--division of the state into districts from which legislators are elected.

BILL--a proposed law introduced during a session for consideration by the Legislature.

BILL BOOK--bills are numbered consecutively as introduced and all bills, as they are printed, are placed in bill books, or binders, in numerical order. All legislators, and many other persons who work with the Legislature, are provided with bill books.

BLUE BOOK--the South Dakota Legislative Manual prepared in odd-numbered years by the Secretary of State. This book contains historical data about the state and biographical data on members of the Legislative, Executive, and Judicial branches of government.

BODY OF A BILL--the body of a bill is the text or lawmaking part of the bill. Everything following the enacting clause is part of the body of the bill.

CALENDAR--the schedule that determines the order in which bills are taken up for further consideration or debate by the Legislature following committee action.

CASTING VOTE--the deciding vote the Lieutenant Governor, as President of the Senate, may cast in case of a tie vote in that chamber.

CATCHLINE--the catchline is the boldface material between the section number and the section material in all of the sections of the South Dakota Codified Laws. The catchline is a summarization, prepared by the Code Commission, of the material in the section; but it is not a part of the statute.

CHIEF CLERK--an officer of the House of Representatives responsible for the direction of the clerical staff and the preparation of daily and general publications.

CODE--the South Dakota Codified Laws (formerly referred to as the South Dakota Compiled Laws).

COMMEMORATION--An expression of the Legislature recognizing service or achievements of national or statewide importance or sorrow over death or loss.

COMMITTEES--subunits formed in each of the houses which take public testimony and vote on bills usually on related subjects.

COMMITTEE OF THE WHOLE--a committee formed by motion in either house allowing that house as a whole to debate an issue more freely than would ordinarily be allowed and to take public testimony.

COMMITTEE REPORT--a committee report documents the proposed changes made by a committee or conference committee.

CONCURRENCE--practice whereby one house agrees with an action taken by the other house.

CONCURRENT RESOLUTION--a form of legislation expressing the opinion of the Legislature. It does not have the force of law.

CONFERENCE COMMITTEE--committee comprised of three members from each house. It is appointed to reach a compromise on a bill that has passed both houses, but in different forms.

CONSENT CALENDAR--schedule of bills on which there is general agreement that opposition is not anticipated.

CONSTITUTION--the fundamental organic law of the state. Amendments to the constitution are proposed by joint resolution and must be approved by a vote of the people.

CONSTITUTIONAL AMENDMENT--a resolution adopted by the Legislature affecting the state constitution which requires an affirmative vote of the electorate to become effective.

CO-SPONSORS--the sponsors of a bill other than the prime sponsor. Legislators may co-sponsor bills introduced in either house.

DO PASS--the affirmative recommendation made by a committee in sending a bill to the floor for final vote.

DRAFT--any piece of written legislation, at whatever stage of preparation, that has not yet been introduced as a bill.

DRAFTING ORDER--a work sheet that accompanies a bill draft through its various stages of preparation in the Legislative Research Council. Only LRC staff members have access to drafting order forms.

ENACTING CLAUSE--that portion of a bill indicating that all following material is to become law. By constitutional provision each proposed law must be preceded by this clause: "BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA."

ENGROSSMENT--incorporating the amendments and corrections into the text of the bill after it has passed both houses in the same form.

ENROLLMENT--preparing a bill as it was finally adopted by the house of origin, including adopted amendments.

EX OFFICIO--the holding of a particular office or position by virtue of holding another office or position.

FLOOR--a traditional description of the interior of either house; "floor action" describes the consideration of measures by the entire membership of the respective chamber.

HOGHOUSE--a procedure occasionally used in the Legislature whereby a committee or a member from the floor will move to strike everything after the enacting clause of a bill and insert in lieu thereof the substance of an entirely new bill.

IMPEACHMENT--a procedure to remove from office public officials accused of misconduct.

INTERNAL REFERENCE--a citation within the body of a bill to another section of the bill or an existing section of law.

INTERSTATE COMPACT--legislation enacted in identical form by two or more states. Only changes that affect the internal operation of the compact within the state may be made in drafting an interstate compact, even though its style and form may vary from normal South Dakota usage.

INTRODUCE--present a bill to either the Senate or House of Representatives for consideration. Senators introduce senate bills and representatives introduce house bills.

JOINT RESOLUTION--used primarily to propose amendments to the South Dakota Constitution and to ratify amendments to the United States Constitution.

JOINT SESSION--a session in which the Senate and House of Representatives meet together as they do every year on the first legislative day to hear the Governor's State-of-the-State Address.

JOURNAL--the official chronological records of the proceedings of the respective houses; printed daily in pamphlet form and subsequently certified, indexed, and bound at the close of each session.

LEAD LINE--introduces a section in a bill which amends or repeals existing law or which contains new material that should be placed within a particular portion of the code.

LAY ON THE TABLE--postpone a matter before the Legislature; may later be brought up for consideration by motion from the floor.

LINE-ITEM VETO--the Governor's authority to formally disapprove of certain portions of the general appropriations bill while approving of the remainder of the bill.

LOBBYIST--an individual engaged to present and promote the views of a group, organization, or industry on measures under consideration by legislators.

MAJORITY PARTY--the political party in each house that has the most members.

MINORITY PARTY--the political party in each house that has fewer members than the majority party.

PETITION--formal request submitted by an individual, group, or organization to individual members or the Legislature as a whole.

PRESIDENT OF THE SENATE--the presiding officer in the Senate. as stipulated in the state constitution, it is held by the Lieutenant Governor.

PRESIDENT PRO TEMPORE--the senator elected to preside over the Senate in the absence of the President of the Senate.

PRIME SPONSOR--the legislator who introduces a particular bill, and whose name is listed first among the sponsors.

RECONSIDERATION--a motion which, when passed by the house, allows another vote annulling or reaffirming an action previously taken.

RED BOOK--official directory and rules of the Legislature. It contains the legislative rules and information about the legislative members.

REFERENDUM--the method by which a measure adopted by the Legislature may be submitted to the electorate for popular vote.

RESOLUTION OF DISAPPROVAL--A resolution of disapproval is used to suspend the operation of an executive order.

RULES--the methods of procedure determined by the Legislature at the beginning of a session.

SECRETARY OF THE SENATE--an officer of the upper house elected by the members to direct the clerical staff and to assist the presiding officer in administrative and procedural matters.

SELECT COMMITTEES--committees consisting of members of both houses appointed from time to time for specific purposes.

SERGEANTS-AT-ARMS--officers of the House and the Senate charged with maintaining order and carrying out the directives of the presiding officers or the members.

SIMPLE RESOLUTION--a form of legislation initiated and passed in one house only, ordinarily expressing condolences, memorials, and opinion of the single house.

SINE DIE--adjournment "without day" being set for reconvening; final adjournment of the Legislature.

SMOKE OUT--invoking of Joint Rule 7-7 whereby one-third of the members of a house can require a committee to deliver a bill to the full body by the next legislative day.

SOUTH DAKOTA CODIFIED LAWS--current codification of South Dakota statutes of a general nature. It does not include local, appropriative, or special laws. SDCL is divided into chapters and sections.

SPEAKER--presiding officer of the House of Representatives, elected by the members at the beginning of each session.

SPEAKER PRO TEMPORE--the member of the House of Representatives elected to preside over the House in the absence of the speaker.

SPECIAL ORDER--matter of business set for a special designated time and day regardless of its place on the calendar.

STANDING COMMITTEES--subunits formed in each of the houses that take public testimony and vote on bills usually on related subjects.

TITLE--may mean a group of related chapters in the code or the title of a bill or other proposal.

UNIFORM ACT--certain suggested legislation is published by the National Conference of Commissioners on Uniform State Laws in its annual handbook and by the Council of State Governments annually in a volume called Suggested State Legislation. The drafting of a uniform act may require a great deal of additional work to remove contradictory provisions that may already exist in state law, as well as style, spelling, and format changes.

YEAR	SENATE	HOUSE	TOTAL	YEAR	SENATE	HOUSE	TOTAL
1923	0	1	1	1967	0	2	2
1925	0	4	4	1969	0	2	2
1927	0	1	1	1971	0	3	3
1929	0	0	0	1973	1	4	5
1931	0	0	0	1975	5	7	12
1933	0	1	1	1977	2	8	10
1935	0	0	0	1979	3	6	9
1937	1	0	1	1981	3	8	11
1939	0	1	1	1983	3	12	15
1941	0	0	0	1985	4	11	15
1943	0	0	0	1987	5	16	21
1945	0	0	0	1989	8	13	21
1947	0	0	0	1991	11	15	26
1949	0	0	0	1993	7	14	21
1951	0	1	1	1995	5	14	19
1953	0	3	3	1996	6	14	20
1955	0	2	2	1997	5	13	18
1957	0	1	1	1999	5	10	15
1959	0	2	2	2000	5	11	16
1961	0	3	3	2001	5	11	16
1963	0	2	2	2002	6	11	17
1965	0	3	3	2003	4	11	15

2004 Guide to the Legislature

Political Structure

Typical South Dakota Senate Seating Arrangement

Bill Status Report

VETOES 1973-2002