Bill seeks to have Legislature govern itself by rule rather than law

PIERRE — How the Legislature operates was at issue Friday morning in a meeting of the House State Affairs Committee.

The committee considered, and approved, bills dealing with how the Legislature operates. HB1001 would repeal laws that determine the time and place of legislative sessions, the elective officers of the House and Senate, how to handle tie votes in House, the appointment of legislative employees and presiding officers, the assignment of interns and the administration of the intern program.

Rep. Steven Haugaard, R-Sioux Falls, the prime sponsor of the bills, said they were needed to clean up duplication with the state Constitution and to put the Legislature in compliance with its own rules.

By taking these items out of statute, Haugaard said the Legislature would rely on its own rule-making authority to decide on how it is governed.

Nathan Sanderson, representing the South Dakota Retailers, said the Legislature’s rule-making functions are not as open and transparent as the process it goes through to make new laws.

“We know how the Legislature as a body is going to function,” Sanderson said. “I submit to you, this is not good government.”

Haugaard disagreed, saying that the rule-making process is open to the public.

Rep. David Anderson, R-Hudson, said the public isn’t as aware of the Legislature’s rule-making procedures.

“The public does not deal with or follow rules,” Anderson said. “I just don’t feel a great need for these repeals.”

Rep. Spencer Gosch, R-Glenham, said he was once a reporter at a radio station and reported on the Legislature’s rules.

“This is all about just trying to clean things up,” Gosch said.

The bill passed through the committee on a 9-4 vote.

HB1003, a bill to repeal statutes dealing with the compensation of legislative employees also caused some concern.

“Those can certainly be handled by rule,” Haugaard said.

Sanderson once again rose in opposition, saying it was not good government.

“I do think it’s good government for the Legislature to do as it pleases,” Haugaard said. “We’ll run our own House. We’ll run our own Senate.”

The bill passed through the committee on an 8-4 vote. Both bills now go to the full House.