Read the full stored bill text
26.763.14 101st Legislative Session 155
2026 South Dakota Legislature
Senate Bill 155
Introduced by: Senator Carley
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to increase legislative oversight procedures and protections against conflicts 1
of interest, and to provide a penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 2-6-4 be AMENDED: 4
2-6-4. The Government Operations and Audit Committee may examine all records 5
and vouchers, summon witnesses by request or by issuing a subpoena, and thoroughly 6
examine all expenditures and the general management of each department of state 7
government. 8
The committee may issue a subpoena for an individual, a document, or both. The 9
committee may take the deposition of any witness and issue written interrogatories and 10
requests for production of documents or things to any person in the same manner as 11
discovery is conducted in a civil action. 12
A subpoena, written interrogatory, request for production of documents or things, 13
or any other discovery procedure conducted pursuant to this section must specify a return 14
date. The chair of the committee may extend the return date by written notice. 15
Upon service of a subpoena or other discovery procedure conducted pursuant to 16
this section, the subject of the subpoena or discovery procedure shall preserve all 17
responsive or potentially responsive materials in the subject's control, custody, or 18
possession. 19
The committee may use the procedure provided in chapter 21-34 to enforce its the 20
subpoena or discovery procedure when the subject of the subpoena or discovery 21
procedure refuses or fails to comply with the command to appear and testify before the 22
committee or comply with the discovery procedure. 23
If the subject of a subpoena or discovery procedure knowingly or intentionally 24
refuses or fails to comply by the return date, the refusal or failure creates a rebuttable 25
26.763.14 2 155
Underscores indicate new language.
Overstrikes indicate deleted language.
presumption that any withheld information would have been adverse to the interests of 1
the subject. 2
The committee may authorize one or more members of the committee, or any 3
other individual, to: 4
(1) Conduct an investigation on behalf of the committee; 5
(2) Use the discovery procedures the committee is authorized to use; and 6
(3) Use the procedure provided in chapter 21-34 to enforce the discovery procedures 7
of the committee. 8
Any individual authorized by the committee to conduct an investigation must shall 9
comply with all applicable state and federal laws regarding confidentiality and any 10
additional restrictions imposed by the committee. 11
The committee may authorize the director of the Legislative Research Council to 12
expend moneys from the legislative priority fund for the purpose of carrying out the duties 13
of this section. 14
Section 2. That a NEW SECTION be added to chapter 2-6: 15
For the purposes of legislative oversight and investigation, the House Judiciary 16
Committee and the Senate Judiciary Committee may, by majority vote of members-elect, 17
exercise the same subpoena authority, discovery authority, record -preservation 18
requirements, and enforcement mechanisms provided to the Government Operations and 19
Audit Committee pursuant to § 2-6-4. 20
Section 3. That a NEW SECTION be added to chapter 2-6: 21
A board, bureau, commission, department, or other agency of the state, or any of 22
its political subdivisions, may not dismiss, suspend from employment, demote, decrease 23
the compensation of, or take any other retaliatory action against an employee, or retaliate 24
against a consultant or contractor, who, in good faith, provides testimony, produces 25
records, or otherwise cooperates with an audit, investigation, subpoena, or discovery 26
procedure conducted pursuant to § 2‑6‑4, 2-6-4.1, or 4‑11‑4. 27
In addition to any available administrative remedy, an individual who is aggrieved 28
by a violation of this section may bring a civil action in circuit court. Upon finding that a 29
violation of this section occurred, the court may award or grant any of the following: 30
(1) Actual damages; 31
(2) Back pay; 32
(3) Contract damages; 33
26.763.14 3 155
Underscores indicate new language.
Overstrikes indicate deleted language.
(4) Injunctive relief; 1
(5) Reasonable attorney fees and costs; 2
(6) Reinstatement or restoration of contract status, if feasible; 3
(7) Upon finding that the retaliation was knowing and intentional, treble damages; and 4
(8) If the protected activity results in recovery of state moneys, imposition of civil 5
penalties, or an order of criminal restitution, a whistleblower reward, not exceeding 6
the lesser of ten percent of the amount recovered or fifty thousand dollars. 7
Section 4. That § 2-12-8.2 be AMENDED: 8
2-12-8.2. No An elected officer, department or agency head, or division director, 9
or the highest paid employee reporting to such person any elected officer, department or 10
agency head, or division director may be not: 11
(1) Be compensated, act, or register as a lobbyist, other than a public employee 12
lobbyist, during a period of two years after that person's officer or employee's 13
termination of service in the state government; or 14
(2) Accept employment, compensation, or services from, or enter into a contract with, 15
a person if the officer or employee is in a position to participate, or if the officer or 16
employee participated within the twenty -four months immediately preceding 17
termination of service in the state government, substantially in the approval, 18
award, or recommendation of, or deliberation or negotiation regarding, a specific 19
discretionary state contract, grant, loan, tax incentive, or any other state financial 20
assistance exceeding one hundred thousand dollars, which benefited the person, 21
provided that this subdivision does not apply to any benefit pursuant to a 22
standardized, non ‑discretionary formula generally available to similarly situated 23
applicants. 24
An officer or employee who intentionally and knowingly violates subdivision (2) is 25
guilty of theft pursuant to § 22-30A-46. 26
A violation of this section is a Class 1 misdemeanor 6 felony. 27
Section 5. That § 22-30A-46 be AMENDED: 28
22-30A-46. Any public official who knowingly uses funds moneys or property that 29
has been entrusted to the public official in violation of, the use of which violates the public 30
trust and that results in a direct financial benefit to the public official , commits a direct 31
criminal conflict of interest. 32
26.763.14 4 155
Underscores indicate new language.
Overstrikes indicate deleted language.
A public official who acts for the purpose of securing, and as a result obtains, a 1
promise, agreement, understanding, or expectation of future employment, compensation, 2
or other thing of value commits an indirect criminal conflict of interest. 3
Any public official who commits a direct or indirect criminal conflict of interest is 4
guilty of theft. 5
Upon finding by clear and convincing evidence that a public official violated this 6
section, a circuit court having jurisdiction over the matter shall order: 7
(1) Disgorgement of all benefits, compensation, or anything else of value obtained as 8
a result of the public official's violation; and 9
(2) Restitution to the state or affected governmental entity. 10
A public official whose violation of this section involves a value of one hundred 11
thousand dollars or more, repeated misconduct, or a clear abuse of a position of public 12
trust, is guilty of a Class 5 felony. 13
For purposes of this section, "a clear abuse of a position of public trust" means a 14
deliberate or reckless misuse of authority or resources entrusted to a public official, which 15
is detrimental to the public interest. 16
For purposes of this section, "direct financial benefit" means a personal monetary 17
gain received from the use of public moneys or property. 18