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.



SDLRC - Codified Law 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.

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.



SDLRC - Codified Law 2-6-4 - Investigative authority of Government Operations and Audit Committee--Subpoenas.

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.