An Act to clarify the discovery procedures and powers of the Government Operations and Audit Committee.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 2-6-4 be AMENDED:

2-6-4. 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 committee may issue a subpoena for the person, documents, or both and an individual, a document, or both. The committee may take the deposition of any witness and issue written interrogatories and requests for production of documents or things to any person in the same manner as discovery is conducted in a civil action. The committee may use the procedure provided in chapter 21-34 to enforce its subpoena or discovery procedure when the subject of the subpoena or discovery procedure refuses to comply with the command to appear and testify before the committee or comply with the discovery procedure. The committee may authorize one or more members of the committee, or any other individual, to:

(1) Conduct an investigation on behalf of the committee;

(2) Use the discovery procedures the committee is authorized to use; and

(3) Use the procedure provided in chapter 21-34 to enforce the discovery procedures of the committee.

Any individual authorized by the committee to conduct an investigation must comply with all applicable state and federal laws regarding confidentiality and any additional restrictions imposed by 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.