2018 South Dakota legislative session

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2018 legislative sessions coverage
South Dakota State Legislature

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General information
Type:   State legislature
Term limits:   4 terms (8 years) in Senate, same for House
Session start:   January 9, 2018
Session end:   March 26, 2018
Website:   Official Legislature Page
Leadership
Senate President:   Matthew Michels (R)
House Speaker:  Mark Mickelson (R)
Majority Leader:   Senate: R. Blake Curd (R)
House: Lee Qualm (R)
Minority Leader:   Senate: Billie Sutton (D)
House: Spencer Hawley (D)
Structure
Members:  35 (Senate), 70 (House)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art III, Sec 1, South Dakota Constitution
Salary:   $6,000/session + per diem
Elections
Redistricting:  South Dakota Legislature has control

This page provides an overview of the 2018 South Dakota State Legislature and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

Article III of the South Dakota Constitution establishes when the legislature is in session. Section 7 of Article III states that the Legislature convenes a regular session each year on the second Tuesday of January.

Partisan control

South Dakota was one of 26 Republican state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas, click here.

The following tables show the partisan breakdown of the South Dakota State Legislature in the 2018 legislative session.

Senate

Party As of July 2018
     Democratic Party 6
     Republican Party 28
     Vacancies 1
Total 35

House

Party As of July 2018
     Democratic Party 10
     Republican Party 59
     Vacancies 1
Total 70

Leadership in 2018

Senate

House

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular and special sessions.

Status of legislation: Regular session
Legislation Subject area Actions Status
HB 1311 State legislator pay raise Passed House
Passed Senate 		Governor signed
SB 214 State legislator pay raise Passed House Did not see further action
SB 110 Pre-abortion informed consent disclosures Passed legislature Governor signed
HB 1012 Defining a political party Passed legislature Governor signed
HB 1286 Ballot access for political parties Passed legislature Governor signed
HB 1320 Budget Passed legislature Governor signed
Status of legislation: Special session
Legislation Subject area Actions Status
SB 1 Out-of-state internet sales tax collection Passed legislature Governor signed
SB 2 Out-of-state internet sales tax collection Passed legislature Governor signed
HB 1001 Timing of state officer commencement Passed legislature Governor signed

Regular session

February 21, 2018

South Dakota House passes state legislator pay raise
The South Dakota House of Representatives approved a bill (HB 1311) 50-16 that would make legislator salaries equal to one-fifth of the state median household income reported by the United States Census. The Associated Press reported that based on 2015 numbers from the Census this would raise lawmakers' salaries 70 percent, from $6,000 per session to $10,200 per session.[1] Under the bill, lawmakers would continue to receive a per diem and reimbursements for travel expenses incurred during a regular or special session. According to local news source KELO, the pay increase would be the first for South Dakota legislators in at least twenty years.[2] As of June 2017, the National Conference of State Legislatures considered the South Dakota legislature a part-time legislature in which lawmakers "spend the equivalent of half of a full-time job doing legislative work."[3]

Update: The state Senate approved the legislation on March 6, 2018, and Gov. Dennis Daugaard (R) signed it on March 23, 2018.

March 5, 2018

State House approves Senate bill to increase legislator pay
The South Dakota House of Representatives voted 49 to 15 in favor of Senate Bill 214, which would make legislator salaries equal to one-fifth of the state's median household income as reported by the U.S. Census Bureau.[4] The measure passed the South Dakota State Senate 22 to 7 on February 15, 2018. The House approved a similar measure, House Bill 1311, on February 21, and a Senate committee voted to send HB 1311 to the floor for debate.

Update: The Senate approved SB 214 on March 8, 2018.

March 6, 2018

South Dakota Senate approves legislator pay raise
The South Dakota State Senate voted 28 to 6 in favor of HB 1311, which would raise legislator salaries from $6,000 to nearly $10,000, and the South Dakota House of Representatives approved Senate amendments to the bill in a 52 to 15 vote. The legislation would increase legislator salaries and tie it to the state's median household income. The bill was sent to the governor's desk. Republican Gov. Dennis Daugaard's chief of staff said the governor supported and would sign the bill as long as the funds were in the state budget.[5] Read more here.

Update: The governor signed HB 1311 on March 23, 2018.

Governor signs bill related to pre-abortion informed consent disclosures
Republican Gov. Dennis Daugaard signed Senate Bill 110, which authorized pregnancy help centers to give non-medical informed consent disclosures to pregnant women. It amended a law facing legal challenges so its effect was not immediate.[6]

SB 110 said that a Planned Parenthood facility in Sioux Falls—the only abortion clinic in the state—had violated state laws by providing pre-abortion counseling without complying with mandatory disclosure procedures. According to the enrolled bill, the Sioux Falls clinic provided patients with disclosure statements that included the phrase, "Politicians in the State of South Dakota require us to tell you…" Planned Parenthood responded that it used the disclosure language mandated by law and complied with state and federal statutes.[6][7]

March 21, 2018

Gov. signs bill defining a political party into law
Daugaard signed into law HB 1012, which defined a political party as "a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general elections." Previously, a political party was required to meet this requirement in each general election cycle. The legislation took immediate effect upon being signed into law.[8] Read more here.

March 23, 2018

HB 1286 signed into law
South Dakota Governor Dennis Daugaard (R) signed HB 1286 into law, providing for new political parties to achieve ballot status by filing a petition with the secretary of state containing signatures from voters equal to 1 percent of the total vote cast for governor in the most recent gubernatorial election. Prior to the enactment of HB 1286, new parties were required to submit signatures equal to 2.5 percent of the most recent total vote for governor.[9][10] Both HB 1286 and HB 1012 were passed and enacted following a federal district court ruling in February 2018 striking down several South Dakota statutes relating to ballot access for political parties.

Budget

2018

Gov. Dennis Daugaard (R) signed a $4.7 billion budget on March 21. A press release from the governor's office highlighted that the budget increased funding to state employees, education, and Medicaid providers. The governor called these the "state’s three priority areas." The budget increased funding in fiscal year 2019 by:

  • 1.2 percent for state employees,
  • 1 percent for K-12 education, and
  • 2.5 percent for Medicaid providers.[11]

Process

See also: South Dakota state budget and finances
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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[12]

  1. Budget instructions are sent to state agencies between June and July of the year preceding the start of the new fiscal year.
  2. State agencies submit their budget requests to the governor by August 31.
  3. Agency hearings are held in September.
  4. The governor submits his or her proposed budget to the state legislature in December.
  5. The legislature typically adopts a budget in March or April. A simple majority is required to pass a budget. The fiscal year begins July 1.

South Dakota is one of 44 states in which the governor has line item veto authority.[12][13]

The governor is constitutionally required to submit a balanced budget proposal. Likewise, the legislature is required to pass a balanced budget.[12]

Special session: September 12

On August 7, Gov. Dennis Daugaard (R) called for a special session to consider legislation to "expedite implementation of the recent U.S. Supreme Court ruling in South Dakota v. Wayfair, Inc." The session took place September 12.[14]

In South Dakota v. Wayfair, Inc., the Supreme Court of the United States ruled that states could collect sales taxes from companies that did not have a physical presence in the state. The court did not formally rule that South Dakota's legislation, Senate Bill 106, was valid. At the time of the special session, the bill was still pending litigation in a state circuit court. An injunction prevented South Dakota from implementing the legislation.[15]

Daugaard submitted two pieces of legislation for consideration in the session. One bill proposed lifting the injunction against remote sellers, except for the companies involved in the pending state court case. It would authorize the state to begin collecting sales taxes November 1. The second bill proposed requiring online marketplace providers, such as eBay, to collect sales taxes for sales made by vendors on their platform. The legislation would allow marketplace providers to comply at any time prior to March 1, 2019, and require compliance after March 1.[15][16]

According to Bloomberg, legislation to collect sales taxes from remote vendors took effect in eight states prior to South Dakota's special session:

  • Ohio—June 30, 2017
  • Rhode Island—August 17, 2017
  • Massachusetts—October 1, 2017
  • Mississippi—December 1, 2017
  • Pennsylvania—April 1, 2018
  • Hawaii—July 1, 2018
  • Oklahoma—July 1, 2018
  • Vermont—July 1, 2018[15]

Nine other states had legislation to begin collecting sales taxes October 1, 2018: Alabama, Illinois, Indiana, Kentucky, Michigan, Minnesota, North Dakota, Washington, and Wyoming.[15]

Update: South Dakota reached a settlement agreement with the companies involved in South Dakota v. Wayfair, Inc. Click here for more information.
See also: South Dakota v. Wayfair, Inc.

September 12, 2018

Legislature approves, governor signs three bills from special session
Gov. Dennis Daugaard (R) signed three bills passed in a special session of the South Dakota State Legislature.[17]

  • Senate Bill 1 (SB 1) passed the state Senate 30-3 and the state House 62-4. SB 1 authorized the state to begin collecting sales taxes from remote online sellers who complete more than $100,000 in online sales in the state. The bill went into effect November 1.[18]
  • Senate Bill 2 (SB 2) passed the state Senate 30-3 and the state House 60-6. It requires online marketplace providers like eBay to collect sales taxes for third-party vendors using their platforms. It went into effect in March 2019.[18]
  • House Bill 1001 (HB 1001) unanimously passed both chambers. The bill clarifies the start date of the state officers.[17]

Noteworthy events

Settlement and dismall of South Dakota v. Wayfair, Inc.

See also: South Dakota v. Wayfair, Inc.

On October 31, 2018, Gov. Daugaard and Attorney General Marty Jackley (R) announced a settlement agreement and dismissal of South Dakota v. Wayfair, Inc. The case had been pending litigation in a state circuit court.[19]

In 2016, the South Dakota Legislature passed Senate Bill 106 (SB 106), a law requiring sellers with no physical presence in the state to pay state sales taxes. In 2017, South Dakota appealed state circuit court and state supreme court rulings that SB 106 was unconstitutional. In June 2018, the United States Supreme Court overturned the rulings in a 5-4 decision. However, the U.S. Supreme Court's decision did not formally rule that SB 106 was valid. The legislation was sent back to a state circuit court for further review. A statement from the governor's office said, "This final settlement agreement brings a conclusion to all remaining issues not addressed by the United States Supreme Court."[19]

According to the governor's office, the settlement removed the injunction preventing South Dakota from enforcing SB 106. The companies involved, Wayfair, Overstock, and Newegg, agreed to remit sales taxes to the state beginning January 1, 2019. Senate Bill 1, a new law the governor signed September 12, 2018, authorized the state to begin collecting sales taxes from other remote online sellers effective November 1.

Legislatively referred constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods by which the South Dakota Constitution can be amended:

See also: Article XXIII of the South Dakota Constitution and Laws governing ballot measures in South Dakota

Amendments to the South Dakota Constitution may be proposed in three different ways—through a citizen-initiated process, a legislative process, or a state constitutional convention.

Initiative

See also: Initiated constitutional amendment

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In South Dakota, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

Legislature

See also: Legislatively referred constitutional amendment

A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 2 of Article 23 of the South Dakota Constitution, the South Dakota State Legislature can call a state constitutional convention through a 75% vote in each legislative chamber. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment.


See also

Elections South Dakota State Government State Legislatures State Politics
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External links

Footnotes

  1. ↑ Argus Leader, "South Dakota House passes pay hike for state legislators," February 22, 2018
  2. ↑ KELO, "South Dakota lawmakers vote themselves a pay raise," February 22, 2018
  3. ↑ National Conference of State Legislatures, "Full- and part-time legislatures," June 14, 2017
  4. ↑ Bristol Herald Courier, "Twin legislator pay raise bills advance at SD state Capitol," March 5, 2018
  5. ↑ U.S. News & World Report, "SD Legislators Pass Bill to Hike Pay Last Raised in 1998," March 7, 2018
  6. ↑ 6.0 6.1 Argus Leader, "Abortion opponents celebrate as gov signs bill listing concerns about Planned Parenthood," March 7, 2018
  7. ↑ South Dakota Legislature, "Senate Bill 110: Enrolled," February 27, 2018
  8. ↑ South Dakota Legislature, "House Bill 1012," accessed March 22, 2018
  9. ↑ South Dakota Legislature, "House Bill 1286," accessed March 22, 2018
  10. ↑ Ballot Access News, "South Dakota Governor Signs Bill that Improves Ballot Access for Small Qualified Parties," March 23, 2018
  11. ↑ South Dakota State News, "Gov. Daugaard Signs Budget Bills, Building South Dakota Legislation," March 21, 2018
  12. ↑ 12.0 12.1 12.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  13. ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  14. ↑ South Dakota State News, "Gov. Daugaard Calls Special Session For Sept. 12," August 7, 2018
  15. ↑ 15.0 15.1 15.2 15.3 Bloomberg, "South Dakota Special Session to Decide Future of Online Sales Tax (1)," August 30, 2018
  16. ↑ Miami Herald, "Governor submits bills for online sales tax special session," August 30, 2018
  17. ↑ 17.0 17.1 South Dakota State News, "Gov. Daugaard Signs Special Session Bills," September 12, 2018
  18. ↑ 18.0 18.1 KSFY, "State lawmakers approve online sales tax measures in special session," September 12, 2018
  19. ↑ 19.0 19.1 South Dakota State News, "State of South Dakota Reaches Settlement In Remote Seller Law Litigation," October 31, 2018
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