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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2-6-3      Repealed.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2-6-13      Repealed.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 Repealed .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      Repealed.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      Jolene's Law Task Force created.
2-6-32      Task force appointments--Term--Vacancy.
2-6-33      Task force to study impact of sexual abuse of children.
2-6-34      Task force staff and funding.
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      Initiative and Referendum Task Force established--Membership.
2-6-41      Duties of task force.
2-6-42      Report of task force.
2-6-43      Supervision, staffing, and funding of task force.


     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.   Jolene's Law Task Force created. There is hereby created the Jolene's Law Task Force to study the impact of sexual abuse of children in this state and to make recommendations to the Legislature on policies to effectively address the issue. The task force shall consist of the following fifteen members:
             (1)      The President Pro Tempore of the Senate shall appoint two members of the Senate;
             (2)      The Speaker of the House of Representatives shall appoint two members of the House of Representatives;
             (3)      The President Pro Tempore of the Senate shall appoint the following four members:
             (a)      A child abuse pediatrician whose experience and clinical practice is associated with a child advocacy center in the state;
             (b)      A representative associated with a non-profit organization that provides training and education aimed at the prevention of sexual abuse of children;
             (c)      A representative from a child advocacy center in the state with experience serving children who have been subjected to sexual abuse;
             (d)      A person who was a victim of sexual abuse as a child;
             (4)      The Speaker of the House shall appoint the following four members:
             (a)      A representative from a tribal organization in this state with experience and training in the area of sexual abuse of children;
             (b)      A representative of a law enforcement organization in the state with direct experience working with child sexual abuse investigations;
             (c)      A victim's advocate who works directly with child victims of sexual abuse; and
             (d)      A mental health professional with experience and training using trauma focused cognitive behavioral therapy in the area of child sexual abuse;
             (5)      A representative from the Department of Social Services;
             (6)      A representative from the Department of Health;
             (7)      A representative from the Department of Education.

Source: SL 2014, ch 13, § 1.


     2-6-32.   Task force appointments--Term--Vacancy. The initial appointments shall be made no later than July 1, 2014, and shall serve until January 1, 2015, which shall be the end date for the task force. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

Source: SL 2014, ch 13, § 2.


     2-6-33.   Task force to study impact of sexual abuse of children. The task force shall study the impact of sexual abuse of children in the state and make a report to the Legislature on the prevalence of sexual abuse of children in the state and make policy recommendations to address the following areas:
             (1)      Methods to increase awareness of issues regarding sexual abuse of children, including warning signs that may indicate that a child is the victim of sexual abuse and the actions and language a child may use to express that they are a victim of sexual abuse;
             (2)      The actions that a child who is the victim of sexual abuse could take to obtain assistance and intervention;
             (3)      How to best provide support and assistance to children who are victims of sexual abuse;
             (4)      Policies to encourage adults to take responsibility for the protection of children from sexual abuse and to respond appropriately when sexual abuse of a child is suspected;
             (5)      Collaboration of public and private organizations to assist in the recognition and prevention of sexual abuse of children, using research and evidence based practice; and
             (6)      Any other recommendation the task force deems appropriate in addressing this issue.

Source: SL 2014, ch 13, § 3.


     2-6-34.   Task force staff and funding. Jolene's Law Task Force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee, not to exceed twenty-one thousand dollars.

Source: SL 2014, ch 13, § 4.


     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.   Initiative and Referendum Task Force established--Membership. There is hereby established an Initiative and Referendum Task Force comprised of fifteen members to study possible changes to the process regarding constitutional amendments, initiated measures and referred laws. The task force shall consist of the following members:
             (1)      Three members of the House of Representatives to be appointed by the speaker of the House, 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 Senate to be appointed by the president pro tempore, 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 state, serving ex officio and without a vote;
             (4)      The attorney general, serving ex officio and without a vote;
             (5)      Two members to be appointed by the Governor. One member shall have a business background and one member shall have an agricultural background and no more than one member may be from the same political party;
             (6)      Two members of the Board of Elections to be appointed by the board and no more than one member may be from the same political party;
             (7)      One member to be appointed by the speaker of the House who is a faculty member of a political science department of a college or university in the state and is either registered as an independent or a member of a minority party;
             (8)      One member who is a representative of and to be appointed by the South Dakota Municipal League; and
             (9)      One member who is a representative of and to be appointed by the South Dakota Association of County Commissioners.
     If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment under this section.

Source: SL 2017, ch 14, § 1.


     2-6-41.   Duties of task force. The task force established pursuant to §§ 2-6-40 to 2-6-43, inclusive, shall study and evaluate the voter constitutional amendment, initiative and referendum process, legislation proposed during the Ninety-second Legislative Session of the South Dakota Legislature relating to the voter constitutional amendment, initiative and referendum process, and other proposals as they relate to the voter constitutional amendment, initiative and referendum process in South Dakota.

Source: SL 2017, ch 14, § 2.


     2-6-42.   Report of task force. The task force shall report to the Legislature and the Governor before the beginning of the Ninety-third Legislative Session. The task force may present draft legislation and policy recommendations.

Source: SL 2017, ch 14, § 3.


     2-6-43.   Supervision, staffing, and funding of task force. The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee, not to exceed twenty-one thousand dollars.

Source: SL 2017, ch 14, § 4.


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