The sixth week of the South Dakota Legislative session is in the books. Only two weeks remain in the main run of the 2012 session.

One of the things that makes the South Dakota Legislature unique is the fact that we have one of the shortest sessions in the nation. In 2008, voters approved a change to the state Constitution which allows the Legislature to meet for a maximum of 40 days annually. Before this, the constitution mandated that the legislature meet for a maximum of 40 days in odd numbered years and a maximum of 35 days in even numbered years. The brevity of the session can catch some observers off guard as bills and hearings tend to move fairly quickly as compared to other states or the U.S. Congress.

The main reason the process works well is that legislators adhere to a fairly strict calendar with various deadlines that can only be changed with a two-thirds vote of the House or Senate. One of those major deadlines was reached this week when the Legislature reached “cross over day”.

“Cross over day” (this year that day was February 14) is a term given to the day on the legislative calendar when all bills that were introduced in the House must have received a hearing and an up or down vote in the House. The same is true for bills introduced in the Senate. After this day, the Senate will have dealt with all the Senate bills and will only be working on House bills during the final two weeks and the House will do the same with Senate bills.

Later this month, the Legislature has a deadline for all bills to have been heard in their second house, meaning that by February 28, all bills have to either have had a hearing and an up or down vote in the second house. If they have been approved by both the House and the Senate and the language that both chambers approved is the same, the bill heads to the Governor for his approval or veto. If the bill is changed or amended in the second house, it must return to the other chamber for a concurrence vote. For example, if a bill that had already passed the House was amended in the Senate and approved, that bill would have to go back to the House to allow for a vote on the newly amended bill. If the House were to approve the bill, it would go to the Governor for final consideration. However, if the House were to disapprove of the bill, it would go to a conference committee.

A conference committee is a committee comprised of three House members (two from the majority party and one from the minority party) and three Senate members (two majority and one minority). These six members meet as a special committee to hear testimony and work out any differences in the bill. If they agree, the bill goes back to both the House and Senate for final consideration. If the conference committee can’t agree, the bill dies. Sometimes, bills can move back and forth between conference committees and the House and Senate several times before finally getting agreement on passage.

The legislative calendar reserves one day later in March when legislators return to Pierre to re-convene to consider any gubernatorial vetoes and finish any last minute business. By the middle of March, the session is complete and the citizen legislators of South Dakota can return home with their work accomplished for the year, at a time when most other state legislatures are just starting to gear up.

Greg Dean
Director of Industry Relations
South Dakota Telecommunications Association