11-03-2025
Panel picks 38-day session for 2026 over longer ones
PIERRE, S.D. (KELO) — South Dakota lawmakers will decide if they want the 2026 legislative session to run 38 days for the fifth year in a row.
The Joint Legislative Procedure Committee decided on Tuesday to recommend the 2026 calendar follow the same schedule of eight four-day weeks and one five-day week as the 2025 and 2024 sessions.
As proposed, the 2026 session would open on Tuesday, January 13, and wind up the main run on Thursday, March 12. Veto day would be Monday, March 30.
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The question now goes to the full Senate and the House of Representatives for a decision.
The South Dakota Constitution requires that the legislative session open at noon on the second Tuesday of January and that it last for no more than 40 days.
The Legislature last had a 37-day schedule in 2021. The 38-day plan for 2026 was one of four possible schedules that the panel considered.
The other options were:
A 40-day session with six four-day weeks and three-five day weeks. running through Friday, March 13, with veto day on Monday, March 30.
A 39-day session with seven four-day weeks and two five-day weeks, running through Thursday, March 12, with veto day on Monday, March 30.
A 38-day session with eight four-day weeks of Monday through Thursday and one five-day week, running through Thursday, March 12, with veto day on Monday, March 30. The plan, drafted for Republican Sen. Sue Peterson, called for state government employees to work on the Monday federal- and state-government holidays of Martin Luther King, Jr. Day and Presidents' Day.
Peterson said that the state employees who would work on MLK Day and Presidents' Day could take what she called 'floating holidays' at other times of the year.
'Members I talked to really like this option,' Peterson said. 'I think this just gives us a real concrete mindset and we can get into a rhythm.'
Republican Sen. Carl Perry wasn't keen about having government employees working on official holidays such as MLK Day and Presidents' Day. 'I don't want to be part of that,' he said.
Peterson countered that a majority of private businesses remain open on those holidays. 'It's not like Christmas Day or something,' she said.
The 39-day plan came from Republican Sen. Chris Karr. He wanted to provide an additional day for legislative committees to handle bills after an internal procedural deadline known as crossover day, when legislation must clear its first chamber. Adopting the 39-day plan would have required an accompanying rule change.
Democratic Sen. Liz Larson said the large number of freshmen legislators this year led to a heavier bill load and a lot of duplication. 'I feel like we can adapt and use this year as a learning experience,' Larson said.
Larson said she preferred Peterson's 38-day Fridays-off plan because it's hard to be in a civilian job or on the job market with other plans. South Dakota's concept of a citizen-based legislative body would be better for it, according to Larson. 'You can tell your employer, Hey, I only have to work four-day weeks,' she said.
Karr, now in his ninth year as a legislator, disagreed with Larson's point regarding workload.
'Typically the second year of a term we see more bills,' Karr said. He argued that his 39-day approach would provide an extra legislative day post-crossover and would leave March open in case a 40th day was needed. 'It helps manage the workload, when we might have a heavier workload next year,' Karr said.
Karr called for the panel to recommend the 39-day plan. But Republican Sen. Randy Deibert made a substitute motion for the 38-day schedule that would repeat the 2024 and 2025 schedules.
'I like consistency in what I do. It worked the last two years and I think it would work again,' Deibert said. Democratic Rep. Erin Healy noted that the 2024-2025 approach would be better for working families, too.
The vote was 7-6 in favor. The count was 6-6 when the roll call came to House Speaker Jon Hansen, who chairs the panel this year. He had favored sticking with the 38-day plan for a third year, but then said during the meeting Tuesday that he could see the advantage of Karr's 39-day plan.
'Tie-breaker,' someone on the panel called out when Hansen's turn came.
'Yea,' Hansen said, and smiled.
There was a brief off-mic discussion about whether the vote required a majority of members-elect or members present. Hansen said he conferred with the Legislative Research Council executive director, John McCullough, who advised Hansen that this wasn't final action and therefore could be members present.
Republican Sen. Tom Pischke had seconded Karr's motion for the 39-day schedule. Hansen asked whether Pischke wanted to challenge Hansen's ruling that it could be members present.
Pischke declined.
'That's it then,' Hansen said.
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