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CHAPTER 2-6

LEGISLATIVE COMMITTEES AND INVESTIGATIONS

2-6-1      Administration of oaths by committee member.
2-6-2      Composition and appointment of Government Operations and Audit Committee--Duties and reports--Assistance.
2-6-3      Repealed.
2-6-4      Investigative authority of Government Operations and Audit Committee--Subpoenas .
2-6-4.1      Report may be required where audit finding reoccurs--Contents of report.
2-6-4.2      Criteria for issuing subpoena.
2-6-5      Disobedience of legislative summons as misdemeanor.
2-6-6      Refusal to testify or produce evidence before Legislature as misdemeanor.
2-6-7      Forfeiture of office by legislator in violation--Disqualification from public office.
2-6-8      Retirement laws study committee created--Purpose.
2-6-9      Appointment and terms of Retirement Laws Committee members--Political affiliations.
2-6-10      Officers of Retirement Laws Committee--Staff assistance.
2-6-11      Study of retirement laws by committee--Emphasis.
2-6-12      Legislative drafts and recommendations by Retirement Laws Committee--Reports--Review of proposals.
2-6-13      Repealed.
2-6-14      Joint Bonding Review Committee established--Agencies subject to review by joint committee.
2-6-15      Reports by bonding entities to joint committee--Contents--Other assistance.
2-6-16      Reports to joint committee on particular issues of bonds or notes--Contents.
2-6-17      Detailed accounting to committee on underlying security and investments.
2-6-18      Agency explanation to committee of programs and operations.
2-6-19      Water Development Oversight Committee created--Purpose.
2-6-20      State-Tribal Relations Committee created.
2-6-21      Membership of State-Tribal Relations Committee.
2-6-22      Committee heads--Staff assistance.
2-6-23      Responsibilities of State-Tribal Relations Committee.
2-6-24, 2-6-25. Repealed .
2-6-26 to 2-6-30.      Repealed.
2-6-31 to 2-6-34.      Executed .
2-6-35      Government Operations and Audit Committee to implement performance management review process.
2-6-36      Performance management and state agency defined.
2-6-37      Schedule of performance management review by Government Operations and Audit Committee.
2-6-38      Agency report highlighting performance measures showing progress toward desired outcomes .
2-6-39      Annual compiled report presented to legislators--Website.
2-6-40 to 2-6-43.      Executed.
2-6-44      Special Education Interim Legislative Committee created--Purpose.
2-6-45      Membership of Special Education Interim Legislative Committee.
2-6-46      Supervision by Executive Board of Legislative Research Council.
2-6-47      Report to Legislature and Governor.
2-6-48      Legislative study of controlled substances offenses--Membership.
2-6-49      Duties of controlled substances study.


2-6-50      Report to Legislature and Governor.
2-6-51      Supervision by Executive Board of Legislative Research.


     2-6-1.   Administration of oaths by committee member. Any member of the Senate or House of Representatives, while acting as a member of any committee thereof, shall have authority to administer oaths to such persons as shall be examined before such committee.

Source: SDC 1939, § 55.0609.


     2-6-2.   Composition and appointment of Government Operations and Audit Committee--Duties and reports--Assistance. There shall be appointed at each regular session of the Legislature a Government Operations and Audit Committee of ten, consisting of five members of the Senate appointed by the president pro tempore of the Senate, one of whom shall be a member of the Judiciary Committee, and five members of the House of Representatives appointed by the speaker of the house, one of whom shall be a member of the Judiciary Committee, for the purpose of inquiry and review of any phase of the operations and the fiscal affairs of any department, institution, board, or agency of the state, to review any findings of abuse or neglect in a juvenile corrections facility, to make a continuing study of the operation of the state's correctional system, and to make a detailed report to the Senate and House of Representatives and submit a copy of its report to the appropriation committee of each house of the Legislature at the next succeeding session of the Legislature or any special session of the Legislature upon request of the body.
     The Department of Legislative Audit shall provide assistance, including clerical help, to the committee upon request.

Source: SDC 1939, § 55.0610; SL 1953, ch 285; SL 1955, ch 234; SL 1957, ch 280; SL 1984, ch 14, § 1; SL 1995, ch 13, § 2; SL 2000, ch 128, § 11.


     2-6-3.   Repealed by SL 1971, ch 23, § 2.


     2-6-4.   Investigative authority of Government Operations and Audit Committee--Subpoenas. The Government Operations and Audit Committee may examine all records and vouchers, summon witnesses by request or by issuing a subpoena, and thoroughly examine all expenditures and the general management of each department of state government. The Government Operations and Audit Committee may issue a subpoena for the person, documents, or both and use the procedure provided in chapter 21-34 to enforce its subpoena when the subject of the subpoena refuses to comply with the command to appear and testify before the committee. However, no subpoena may be issued until the decision to issue a subpoena by the Government Operations and Audit Committee has been ratified by the Executive Board of the Legislative Research Council.

Source: SDC 1939, § 55.0610; SL 1953, ch 285; SL 1955, ch 234; SL 1957, ch 280; SL 1984, ch 14, § 2; SL 2000, ch 128, § 12; SL 2018, ch 26, § 1.


     2-6-4.1.   Report may be required where audit finding reoccurs--Contents of report. If an audit report of any department, institution, board, or agency of the state includes an audit finding that also occurred in an immediately preceding year, the Government Operations and Audit Committee may require the department, institution, board, or agency to present a report, as part of its budget hearing, during the succeeding legislative session. The report to the Appropriations Committees shall include the reasons for not implementing the audit recommendations and a corrective action plan.

Source: SL 2000, ch 21, § 1.


     2-6-4.2.   Criteria for issuing subpoena. Before a subpoena may be issued by the Government Operations and Audit Committee, the committee shall determine that:
             (1)      A legislative purpose exists pursuant to §§ 2-6-2 and 2-6-4;
             (2)      The subpoenaed person or documents are relevant and material to accomplish the legislative purpose; and
             (3)      The information sought is not otherwise practically available.
     It is not a legislative purpose to subpoena a person or documents to collect information that may be used for a criminal proceeding or to legislatively determine guilt or inflict punishment upon an identifiable person.

Source: SL 2018, ch 26, § 2.


     2-6-5.   Disobedience of legislative summons as misdemeanor. Any person who is summoned to attend as a witness before either house of the Legislature or any committee thereof authorized to summon or subpoena witnesses, and who refuses or neglects without lawful excuse to attend pursuant to the summons or subpoena, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.1010; SL 1980, ch 24, § 22; SL 1985, ch 17, § 3.


     2-6-6.   Refusal to testify or produce evidence before Legislature as misdemeanor. Any person who, being present before either house of the Legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books, papers, or documents in his possession or under his control, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.1011; SL 1980, ch 24, § 23; SL 1985, ch 17, § 4.


     2-6-7.   Forfeiture of office by legislator in violation--Disqualification from public office. The conviction of a member of the Legislature of any crime defined in § 2-6-5 or 2-6-6 involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under this state.

Source: SDC 1939, § 13.1012.


     2-6-8.   Retirement laws study committee created--Purpose. There is hereby created the South Dakota Retirement Laws Committee to make a continuing study of the pension and annuity and benefit laws relating to employees and officers in public service.

Source: SL 1974, ch 36, § 1.


     2-6-9.   Appointment and terms of Retirement Laws Committee members--Political affiliations. The Retirement Laws Committee shall consist of five members of the House of Representatives to be appointed by the speaker of the House of Representatives and five members of the Senate to be appointed by the president pro tempore of the Senate. The members of the Retirement Laws Committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. No more than three from each legislative body may be from the same political party.

Source: SL 1974, ch 36, § 2; SL 1985, ch 17, § 5; SL 1995, ch 13, § 3.


     2-6-10.   Officers of Retirement Laws Committee--Staff assistance. The Retirement Laws Committee shall select a chairman and vice-chairman and shall be provided with staff assistance from the Legislative Research Council staff.

Source: SL 1974, ch 36, § 3.


     2-6-11.   Study of retirement laws by committee--Emphasis. The Retirement Laws Committee shall continue the study of the retirement and pension laws applicable to employees and officers in government service throughout the state and shall appraise and evaluate existing laws relating to retirement and pension. It shall give particular study and consideration to the financial affairs of the retirement funds and shall recommend revisions in financial provisions and methods of amortizing the accrued liabilities of such funds without impairment of any of the rights and equities of participants and beneficiaries but in conformity with sound and established principles of financing retirement fund obligations.

Source: SL 1974, ch 36, § 3.


     2-6-12.   Legislative drafts and recommendations by Retirement Laws Committee--Reports--Review of proposals. The Retirement Laws Committee shall present legislative drafts to effect sound and equitable public employees retirement programs. The Retirement Laws Committee shall study and make recommendations concerning the extension of retirement coverage to public employees to whom retirement protection has not been accorded. The Retirement Laws Committee shall from time to time report to the Legislature which report shall include but not be limited to the financial soundness of the system. The Retirement Laws Committee shall review all proposed legislation that affects public employee retirement in the state and shall make its report to the Legislature. During the legislative session, however, the standing committees established to review retirement laws legislation shall review proposed legislation that affects public employee retirement.

Source: SL 1974, ch 36, § 4; SL 1992, ch 24.


     2-6-13.   Repealed by SL 1989, ch 27, § 1.


     2-6-14.   Joint Bonding Review Committee established--Agencies subject to review by joint committee. An interim joint bonding committee, established pursuant to the rules of the Legislature, shall review the operations, programs, accomplishments, and financial status of the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, the South Dakota Building Authority, the South Dakota Conservancy District, the South Dakota Railroad Authority, and any other agency, board, or commission authorized to conduct statewide programs in the State of South Dakota and to issue bond and note indebtedness.

Source: SL 1976, ch 26, § 1; SDCL Supp, § 2-9-20; SL 1978, ch 20, § 3; SL 1982, ch 24; SL 1984, ch 15, § 1; SL 1985, ch 7, § 17A; SL 1993, ch 12, § 3.


     2-6-15.   Reports by bonding entities to joint committee--Contents--Other assistance. Each of the entities shall submit to the joint committee a complete and detailed report no later than December first of each year, setting forth:
             (1)      Its operations and accomplishments;
             (2)      Its receipts and expenditures during its fiscal year for its operating and capital outlay purposes;
             (3)      Its assets and liabilities at the end of its fiscal year;
             (4)      A schedule of its notes and bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year; and
             (5)      Information relating to the selection, evaluation and compensation of its professional service providers.
     Each of the entities shall assist the joint committee in a continuous review of programs and projected plans for the entities.

Source: SL 1976, ch 26, § 2; SDCL Supp, § 2-9-21; SL 1978, ch 20, § 4; SL 1982, ch 25.


     2-6-16.   Reports to joint committee on particular issues of bonds or notes--Contents. For each issuance of bonds or notes of any such entity, there shall be provided to the joint committee a report of the details of the issuance, including a citation to the resolution providing for the issuance of the bonds and notes, the use of the proceeds of such issuance, the maturity date or dates of the bonds or notes, the interest rate or rates of the bonds or notes, the anticipated source of revenue from which the bonds or notes are to be repaid, and the rating, if any, given by a standard rating service on the bonds or notes.

Source: SL 1976, ch 26, § 3; SDCL Supp, § 2-9-22; SL 1978, ch 20, § 5.


     2-6-17.   Detailed accounting to committee on underlying security and investments. The joint committee may request at any time a detailed accounting of the security underlying outstanding bonds or notes, the ability to make timely repayment of bonds or notes, or the investments of such entity.

Source: SL 1976, ch 26, § 4; SDCL Supp, § 2-9-23; SL 1978, ch 20, § 6.


     2-6-18.   Agency explanation to committee of programs and operations. The joint committee may at any time require the governing board, or its designee, of any such entity to appear before it to provide detailed explanations of the public purpose underlying any of its programs or detailed explanations of any of its operations or activities.

Source: SL 1976, ch 26, § 5; SDCL Supp, § 2-9-24; SL 1978, ch 20, § 7.


     2-6-19.   Water Development Oversight Committee created--Purpose. There is hereby created the Legislative Water Development Oversight Committee. The committee shall consist of four legislators, one each appointed by the majority and minority leaders of the Senate and one each appointed by the majority and minority leaders of the House of Representatives. The committee shall monitor the meetings and actions of the Board of Water and Natural Resources and the Water Management Board. The secretary of the Department of Environment and Natural Resources shall cooperate with the members of the committee and assist them in carrying out their responsibilities. The secretary of the Department of Environment and Natural Resources shall inform the members of the committee of the time and place of all meetings of the Board of Water and Natural Resources and Water Management Board and shall forward to the members of the committee copies of all materials sent to the members of those boards.
     The committee shall select a chairperson from among its members and shall from time to time report to the Executive Board of the Legislative Research Council on its activities. Members of the committee shall receive compensation as would any member of an interim legislative committee authorized by the Executive Board of the Legislative Research Council under chapter 2-9.

Source: SL 1982, ch 316, § 9A; SL 2004, ch 17, § 6.


     2-6-20.   State-Tribal Relations Committee created. There is hereby created the South Dakota State-Tribal Relations Committee to make a continuing study of the relations between the state and its political subdivisions and the tribes and their tribal governments.

Source: SL 1993, ch 30, § 1; SDCL 2-16-20.


     2-6-21.   Membership of State-Tribal Relations Committee. The State-Tribal Relations Committee shall consist of five members of the House of Representatives to be appointed by the speaker of the House of Representatives and five members of the Senate to be appointed by the president pro tempore of the Senate. The members of the State-Tribal Relations Committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. No more than three from each legislative body may be from the same political party.

Source: SL 1993, ch 30, § 2; SDCL 2-16-21.


     2-6-22.   Committee heads--Staff assistance. The State-Tribal Relations Committee shall select a chairman and vice-chairman and shall be provided with staff assistance from the Legislative Research Council.

Source: SL 1993, ch 30, § 3; SDCL 2-16-22.


     2-6-23.   Responsibilities of State-Tribal Relations Committee. The State-Tribal Relations Committee shall continuously study the relationship between the state and its political subdivisions and the tribes and their tribal governments. The committee shall give particular study and consideration to matters concerning jurisdiction, taxation, gaming, economic development and community relations. The committee shall serve as a forum for the discussion of issues of mutual concern to the state and the tribes and shall attempt to foster state-tribal cooperation. The committee shall draw upon public input from all those who may be concerned and knowledgeable about state-tribal relations whether Indian or non-Indian, whether tribal members or nontribal members. The committee may present draft legislation and policy recommendations to the Legislative Research Council Executive Board to effectuate its mission.

Source: SL 1993, ch 30, § 4; SDCL 2-16-23.


     2-6-24, 2-6-25.   Repealed by SL 2015, ch 17, §§ 1, 2.


     2-6-26 to 2-6-30.   Repealed by SL 2017, ch 13, §§ 1 to 5.


     2-6-31 to 2-6-34.   Executed.


     2-6-35.   Government Operations and Audit Committee to implement performance management review process. The Government Operations and Audit Committee shall develop and implement a performance management review process that provides the Legislature with a consistent system to evaluate the efficiency and effectiveness of state agencies and to provide additional government transparency and accountability to the public.

Source: SL 2016, ch 25, § 1; SL 2017, ch 13, § 6.


     2-6-36.   Performance management and state agency defined. For the purposes of §§ 2-6-35 to 2-6-39, inclusive, performance management is an ongoing, systematic approach to improving outcomes with a focus on accountability for performance by utilizing data-based measurements. For the purposes of §§ 2-6-35 to 2-6-39, inclusive, a state agency is any department or other unit of government in the executive branch of state government, but does not include any unit of local government.

Source: SL 2016, ch 25, § 2.


     2-6-37.   Schedule of performance management review by Government Operations and Audit Committee. The Government Operations and Audit Committee shall establish a schedule whereby the committee reviews the performance management of each state agency at least once every three years. The performance management review shall include the following:
             (1)      The strategic goals of each agency with specific, quantifiable outcomes and measurements to track progress toward those goals;
             (2)      A description of how the resources allocated to the agency's programs and strategies will result in the agency's defined outcomes; and
             (3)      Identification of the performance measurements that will be used to determine if the agency is achieving desired outcomes.

Source: SL 2016, ch 25, § 3; SL 2017, ch 13, § 7.


     2-6-38.   Agency report highlighting performance measures showing progress toward desired outcomes. After the Government Operations and Audit Committee has completed a performance management review of a state agency, and the committee has approved the agency's desired outcomes and accompanying performance measures, the agency shall provide the committee with a report highlighting up to six of the performance measures that show the progress being made toward the desired outcomes. The report shall be updated by the agency annually and submitted to the committee no later than November fifteenth. Each agency report shall include the source of the information and references to where legislators can obtain further information.

Source: SL 2016, ch 25, § 4; SL 2017, ch 13, § 8.


     2-6-39.   Annual compiled report presented to legislators--Website. The Legislative Research Council shall compile the reports provided pursuant to § 2-6-38, and distribute a compiled report to the chair and vice chair of the Government Operations and Audit Committee. During the first week of the legislative session each year, members of the Government Operations and Audit Committee shall present and review the compiled report with legislators in each legislative body. Individual reports may also be distributed to the chair of any standing committee of the Legislature as determined by the chair of the Government Operations and Audit Committee.
     To ensure public accountability, the Legislative Research Council shall develop a website that contains the compiled report and the references where further information can be located.

Source: SL 2016, ch 25, § 5; SL 2017, ch 13, § 9.


     2-6-40 to 2-6-43.   Executed.


     2-6-44.   Special Education Interim Legislative Committee created--Purpose. There is hereby created the Special Education Interim Legislative Committee. The purpose of the interim committee is:
             (1)      To examine the diagnostic tools and assessments used to identify students in South Dakota schools in need of special education or special education and related services;
             (2)      To examine the disability categories that are rising at the greatest rate and review eligibility requirements;
             (3)      To review the funding levels of the disability categories;
             (4)      To examine the common costs associated with extraordinary cost fund applications, including out-of-district placements; and
             (5)      To develop recommendations to address the increasing costs of services. (This section is repealed effective June 30, 2020 pursuant to SL 2019, ch 17, § 5.)

Source: SL 2019, ch 17, § 1.


     2-6-45.   Membership of Special Education Interim Legislative Committee. The interim committee created in § 2-6-44 shall consist of the following fourteen members:
             (1)      The Executive Board of the Legislative Research Council shall appoint the following:
             (a)      Five legislators including, if possible, the chair or vice-chair of the Senate standing committee on education and the chair or vice-chair of the House standing committee on education and one member of the minority party who serves on either the Senate or House standing committee on education; and
             (b)      A person who is an advocate for persons with disabilities;
             (2)      The secretary of education shall appoint the following:
             (a)      Three school district superintendents; one representing a school district located east of the Missouri River, one representing a school district located west of the Missouri River, and one representing a school district with a fall enrollment of four hundred or fewer;
             (b)      One current member of a local school board;
             (c)      One special education director who is currently employed in a school district other than a school district represented by a superintendent or school board member appointed to serve on the interim committee pursuant to this section; and
             (d)      One school district business manager; and
             (3)      The Governor shall appoint two persons, at least one of whom is the parent of a child who attends a public school and is in need of special education or special education and related services. (This section is repealed effective June 30, 2020 pursuant to SL 2019, ch 17, § 5.)

Source: SL 2019, ch 17, § 2.


     2-6-46.   Supervision by Executive Board of Legislative Research Council. The interim committee shall be under the supervision of the Executive Board of the Legislative Research Council and shall report to the board on the interim committee's activities from time to time. The interim committee shall be funded and staffed as an interim legislative committee. (This section is repealed effective June 30, 2020 pursuant to SL 2019, ch 17, § 5.)

Source: SL 2019, ch 17, § 3.


     2-6-47.   Report to Legislature and Governor. The interim committee shall conclude its work and report its findings and recommendations to the Legislature and to the Governor no later than the next legislative session. (This section is repealed effective June 30, 2020 pursuant to SL 2019, ch 17, § 5.)

Source: SL 2019, ch 17, § 4.


     2-6-48.   Legislative study of controlled substances offenses--Membership. There is hereby established a legislative study comprised of a total of fifteen members, with any vacancy on the study to be filled in the same manner as the original appointment, and including:
             (1)      Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;
             (2)      Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;
             (3)      The secretary of the Department of Social Services;
             (4)      The secretary of the Department of Corrections;
             (5)      The attorney general;
             (6)      Two members to be appointed by the Governor who are members of the law enforcement community, including a sheriff and a state's attorney;
             (7)      Two members from the Unified Judicial System; and
             (8)      Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner. (This section is repealed effective July 1, 2020 pursuant to SL 2019, ch 18, § 5.)

Source: SL 2019, ch 18, § 1.


     2-6-49.   Duties of controlled substances study. The legislative study established under § 2-6-48 shall study and evaluate:
             (1)      Alternatives to imprisonment for any person charged and convicted of controlled substance offenses in order to more adequately assist the person with substance abuse issues;
             (2)      Possible funding alternatives as well as the financial ramifications of controlled substance offenses on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected. (This section is repealed effective July 1, 2020 pursuant to SL 2019, ch 18, § 5.)

Source: SL 2019, ch 18, § 2.


     2-6-50.   Report to Legislature and Governor. The legislative study established under § 2-6-48 shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations. (This section is repealed effective July 1, 2020 pursuant to SL 2019, ch 18, § 5.)

Source: SL 2019, ch 18, § 3.


     2-6-51.   Supervision by Executive Board of Legislative Research. The legislative study established under § 2-6-48 shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. (This section is repealed effective July 1, 2020 pursuant to SL 2019, ch 18, § 5.)

Source: SL 2019, ch 18, § 4.


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