Will there be a special session?
“Representative Goodwin, please call for a special session to discuss Covid-19 vaccine mandates.” All of us in the Legislature, 70 in the House and 35 in the Senate, are receiving many, many of these types of emails.
We are citizen legislators, meaning we only meet for 40 days or less starting the 2nd Tuesday in January. The next Legislative Session is from Tuesday, January 11, 2022, through March 10, 2022. We will have a 38-day session. Veto Day, reserved for consideration of gubernatorial vetoes, is set for March 28, 2022. During Session, we usually have a 4-day week and then 3 days for travel home to visit with constituents. In western South Dakota we have “cracker barrels” to give us a chance to gather and answer questions from our constituents.
Where am I going with this? It is very difficult to call a Special Session. Why? Because all 105 of us are citizen legislators, meaning that the legislature is not our full-time job. We have careers, family, and a personal life just like everyone else does. It is kind of cool that we meet for 10 weeks in Pierre and then return home to live with our friends and neighbors, living with the laws we passed. There is an old saying, “You’re safe now, as the Legislature is not in session!” There is some truth to that, meaning we can’t raise taxes or implement more fees if we’re not in Pierre.
So, what does it take to call a Special Session? There are two avenues to do this. First, the Governor has the power to call for a Special Session. Second, the Legislature also has the power to call for a Special Session. It takes 2/3rds vote from each body, the House (47 yeas) and the Senate (24 yeas), to make a Special Session happen. If a Special Session does not get called, all legislation must wait until the next Legislative Session takes place. Does this make sense?
Getting back to my lead-in, the many requests to have a Special Session dealing with COVID-19 mandates, to do this, 47 House members and 24 Senate members would have to agree OR the Governor would have to call for it.
We already have a Special Session declared for redistricting legislative districts. This is scheduled for November 8 and 9 at our chambers in Pierre. (Dang! I know those dates are going to interfere with duck hunting!!)
I am not against a Special Session regarding COVID-19 mandates. Representative Hansen and Representative Odenbach have drafted House Bill 55 that is intended for a Special Session if there are 47 House members who agree to stop everything for this Special Session. My understanding, and I could be wrong, is the Senate and Governor are against this session. Of course, agreeing to a Special Session does not mean, or obligate one to vote for, the bill the session was called for. In this case House Bill 55.
On a volunteer basis, we have several committees that meet during the off times of the Legislature being in session. I, as one example, am on Work Force Housing interim committee and the Adult Use Marijuana Study subcommittee and attend the Medical Marijuana Study subcommittee. Also from District 30, Trish Ladner is on the Executive Council. All legislators are welcome to attend any of the committees. This public is invited to attend any hearings, as they are open to the public and can be listened to via Zoom.
To make everything clear, the only Special Session scheduled currently is on November 8 and 9 of this year. In last week’s article I wrote about this subject.
To the citizens of South Dakota and to the men and women in uniform, in honor of all who served, in respectful memory of all who fell, and in great appreciation to those who serve today, Thank You, for giving me the opportunity to represent you.
Tim R. Goodwin, District 30 Representative

