WHAT IS THE SOUTH DAKOTA LEGISLATURE RESEARCH COUNCIL, AND  WHAT POWERS DOES IT HAVE IN PIERRE? 

The Legislative Research Council, or often referred to, as the L.R.C was created by an act of the South  Dakota Legislature giving to the organization broad powers to consider legislative policies in between  sessions of the legislature of which has prescribed duties as given to it by the legislature itself.  

The Membership of the L.R.C consists of all members of the South Dakota Legislature, however, shall be  operated by the following means: 

 

The Speaker of the House also shall act as the Chairman of the Executive Board, while the Senate  President Pro-Tempore shall act as the Vice-Chairman of the Executive Board, so that means the  leadership of each chamber shall set, and guide policies. The board is deemed "the" governing board of  the L.R.C and shall be direct, and supervise its own staff and activities.  

The board then appoints a Director of the Legislative Research Council, of whom employs the L.R.C staff,  and procures all of the staff supplies, equipment, as of which should be necessary to assist the  legislature itself and of which the board appoints a code counsel who is a graduate of an  accredited law school and who is either admitted to the practice of law in the State of South  Dakota at the time of such employment or is eligible to and becomes so admitted within one  year after such employment, and finally, the legislature then utilizes a Group of College Interns of whom are chosen to foster knowledge and understanding of the governing process,  let alone provides assistance to the legislative branch of the government, of which the board will set the # of interns, and apportion them to each legislative chamber as per party apportionment  in each chamber. 

 

The Legislative Research Council shall prepare an annual report to be placed on file in  the Legislative Research Council Office, regarding opinions of state and federal courts issued in  the preceding year which have sought to interpret the legislative intent of various South Dakota  statutes. The report may include recommendations for corrective action if it is determined that the  opinion of the court may be adverse to what was intended by the Legislature or if the court's  opinion has identified an appropriate area for legislative action. 

 

The Executive Board Powers Include:  

 

And, while the Code Council - Provide staff assistance to and attend all meetings of the Code  Commission and make such recommendations to the commission as he deems essential for the  general improvement of the laws of the State of South Dakota, suggests to the legislature  approved reports of laws, create and draft bills, presenting them to legislative committees, let  alone advising the legislature on legal research, and preparation of bills.  

So we have now learned that the Legislative Research Council is pretty much governed,  managed, and operated by a group of Executive Board Members, a Director, a Code Council,  and finally, a Group of College Interns of whom are tasked with working within the L.R.C Office  to research, advise, and guide legislative research, let alone recommending to the legislature  itself, a group of bills to be heard, and discussed each year, during legislative sessions.  

Knowing now, how and from where the Legislative Research Council gains much of its power,  deriving mostly from leadership from each Chamber of the Legislature, one can see that the  "party" of whom controls both chambers, can in fact steer much of the activities of the State  Government itself, let alone, statewide policies.  

This battle between the Republican Establishment of progressive minded members of the party,  versus the newly elected, and members of the S.D Republican Freedom Caucus of which is led  by a new faction of South Dakotans who have latched onto the national movement to support  limited, and a more constitutional, and fiscally prudent government, one can now determine, that  the group of persons who have the greater majority of the legislature, can now work through this  executive board, of which now has the power of controlling legislative matters coming before the  legislature itself.

What we are seeing today, is this little war developing between long time, established South  Dakota Republicans, versus this newly established Freedom Caucus, of whom are beginning  to gain more control of the State, by means of the precincts.  

And as tensions grew stronger, and more noticeable during last year's Republican Party  Convention in Watertown-SD, and as the newly elected precinct committeemen and women,  and the delegates began to vote more in favor of the freedom caucus, we are seeing this little  'war' beginning to develop between that more established group, and the newly elected freedom  group.  
 

“We are a simple group that desires to follow the platform,” explained Rep. Tony Randolph  (R-Rapid City), vice-chair of the newly formed “South Dakota Freedom Caucus.” “Follow the  platform, and do what we said we would do when we were elected.” 

As the Freedom Caucus grows, and expands into more counties, districts, and begins to pick up  and support new candidates, this battle for control of the governing process within South Dakota  becomes more of a war of attrition, than a mild, family feud.  

Recently, the Minnehaha County Republicans held an election to vote for and choose new  leadership, electing to move forward with former Sioux Falls Assistant Attorney, Shawn Tornow  as its Chairman, with Jennifer Foss being elected as Vice-Chair, while it now appears that the  Pennington County Republicans are soon following suit. 

Currently, the Established Members of the Republican Party has placed many of its members  on the executive board of the Legislature Research Council, giving to them the majority power  to control policies, to recommending which bills to bring forward, and acts in the best interest of  party leadership itself. 

In closing, the power behind the Legislative Research Council is set by statute, as read below,  

In the discharge of any duty herein imposed, the executive board or its duly appointed  committees shall have authority to administer oaths, require reports, issue subpoenas, compel  the attendance of witnesses, and the production of any papers, books, accounts, documents, and testimony, and to cause the depositions of witnesses, either residing within or without the state,  to be taken in the manner prescribed by law for taking depositions in civil actions in the circuit  court. S.D.C.L 2-9-6 

In an age of where political power has been narrowed down within this very small, and limited  group of persons, and where this council of advisers have this great authority to provide  recommendations on future legislation, it becomes more apparent, that the people of the 'State'  are losing their ability to self govern themselves more and more with each passing year.  

The People of South Dakota, led by their Precinct Committees, County Committees, their Duly  Elected House Representatives must unite together in a fight to defend their right to be fully  heard within the South Dakota Legislature. If we are to lose this fight, and the Establishment can  maintain their power to control policy, 'we' will have lost our Republic