Smokeout loosely explained

Smokeout Rules in the South Dakota House of Representatives

The "smokeout" (sometimes written as "smoke-out") is a procedural tool unique to the South Dakota Legislature, governed by Joint Rule 7-7 (applicable to both the House and Senate).

Purpose- It allows members to force a bill or resolution out of committee and onto the full chamber floor for debate and voting, even if the committee has not advanced it or has effectively killed it (e.g., by tabling, indefinite postponement, or deferring to the 41st legislative day). The name comes from "smoking" the bill out of committee hiding.

How It Works in the House

- Threshold: A motion requires support from at least one-third of the elected members of the House (70 members total, so minimum ~24 signatures or votes on the motion).

- Process:

1. Members make a motion to demand the committee deliver the bill.

2. If the motion succeeds (simple majority on the motion itself, but backed by the one-third threshold), the committee must release the bill to the floor.

3. The bill arrives on the floor, often with an unfavorable committee recommendation (e.g., "Do Not Pass").

4. The full House then debates, potentially amends, and votes on it.

- Timing: It can occur at any point but is most common near deadlines like crossover (when bills must move between chambers) or toward session end, to revive stalled legislation.

- Limitations: It applies only to bills in that chamber's committees. It does not guarantee passage—just a floor vote. This rule gives a determined minority a way to bypass committee gatekeeping, making it a powerful (though infrequently used) tool for controversial or priority bills.

For the exact current text, refer to the official Joint Rules on sdlegislature.gov (search for Joint Rule 7-7). Rules can be amended between sessions, but the core one-third threshold has been consistent in recent years.