Greetings Siouxland!

 

How A Bill Becomes Law

Legislative vs. Initiated Measure

By Carol Stalzer

 

Voter Initiated Measure:

  • The sponsors must submit the text to the director of the Legislative Research Council who will within 15 days provide written comments on the measure to the sponsors and the Secretary of State.

  • Following receipt of the written comments, the sponsors submit the final language to the Attorney General who will prepare a title and explanation it within sixty days.

  • The full text of any Initiated Measure or Initiated Constitutional Amendment petition to be circulated, the title and explanation, the date of the general election, a notarized form that includes the names and addresses of the petition sponsors, and statement of organization shall be filed with the Secretary of State prior to circulation for signatures.

  • The petition must have signatures of registered voters equal to ten percent of the total vote for governor in the last gubernatorial election

  • Petition circulators must provide to each signer a copy of the title and explanation provided by the Attorney General, the name, phone number and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid.

The deadline for initiated measure petitions is one year prior to the next General Election.

Needs 51% voter approval and if passed the law becomes effective in 8 days.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legislative Action:

A legislator has a concern
or a constituent has a need or a problem

  • The legislator writes up a rough draft of the bill and takes it to LRC (Legislative Research Council) for style and "legaleeze.”

  • The legislator lines up co-sponsors and builds support for the bill.

  • The bill is either a House bill or Senate bill…depending on who the primary sponsor is.

  • LRC returns bill to primary sponsor who then registers it with the Clerk of the House or Secretary of the Senate, who forwards it to the Speaker of the House or Senate President Pro-Tem for committee assignment.

  • Committee Chair calendars the bill for committee debate.

  • The committee hears proponent and opponent testimony on the bill. (Most testimony is in person, but phone testimony can be done at the discretion of the Committee Chair).

  • After all testimony is heard, the committee can ask questions of the prime sponsor or of those who testified.

  • Committee then discusses the bill and has the option to recommend a due pass; table the bill (kills the bill but it can be resurrected); defer it to another day (deferring to 41st day kills the bill but it can be resurrected); or the sponsor can withdraw the bill.

  • The committee can amend the bill. Amendments are voted on by the committee and do not need sponsor concurrence.

  • If the bill passes the committee, it is then calendared for floor debate.

  • On the floor the bill is presented by the prime sponsor (each bill has a Senate prime and a House prime).

  • The bill is debated. Anyone can offer an amendment but amendments must have a majority vote to attach to a bill.

  • The bill is voted on by the body as the original bill or as amended.

  • If passed, the bill goes to the other chamber to go through the same hearing in committee and on the floor.

  • If the second chamber amends the bill in committee or on the floor, it goes back to prime sponsor who can recommend concurrence, a conference committee or non-concurrence (which kills the bill) which is then voted on by the body.

  • If a bill has survived this process it goes to the Governor’s desk for signature, a veto, or a style and form veto.

  • Everything requires a majority of the full body (Senate has 35 members, need 18 for majority while the House needs 36).

  • If the bill is a new appropriation it requires 2/3 vote of body. Fiscal notes can be requested on any bill by any legislator.

  • Emergency clause is for something that should go into effect immediately, rather than 90 days after signing or July 1st. It needs a 2/3 vote and cannot be referred to the voters.

  • If a vote on the floor is close anyone can ask for reconsideration. If a majority vote is to be reconsidered as a bill then it is debated again.

  • In South Dakota every bill must have a final disposition. Some states bills can be killed without a hearing by a committee chair or the Speaker or President Pro Tem.

A law passed by the Legislature goes into effect July 1st.