Changes to Existing Law

2-12-8.2. No An elected officer, department or agency head, or division director, or the highest paid employee reporting to such person any elected officer, department or agency head, or division director may be not: (1) Be compensated, act, or register as a lobbyist, other than a public employee lobbyist, during a period of two years after that person's officer or employee's termination of service in the state government. government; or (2) Accept employment, compensation, or services from, or enter into a contract with, a person if the officer or employee is in a position to participate, or if the officer or employee participated within the twenty-four months immediately preceding termination of service in the state government, substantially in the approval, award, or recommendation of, or deliberation or negotiation regarding, a specific discretionary state contract, grant, loan, tax incentive, or any other state financial assistance exceeding one hundred thousand dollars, which benefited the person, provided that this subdivision does not apply to any benefit pursuant to a standardized, non‑discretionary formula generally available to similarly situated applicants. An officer or employee who intentionally and knowingly violates subdivision (2) is guilty of theft pursuant to § 22-30A-46. A violation of this section is a Class 1 misdemeanor. misdemeanor felony. 27

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 committee may issue a subpoena for 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. A subpoena, written interrogatory, request for production of documents or things, or any other discovery procedure conducted pursuant to this section must specify a return date. The chair of the committee may extend the return date by written notice. Upon service of a subpoena or other discovery procedure conducted pursuant to this section, the subject of the subpoena or discovery procedure shall preserve all responsive or potentially responsive materials in the subject's control, custody, or possession. The committee may use the procedure provided in chapter 21-34 to enforce its the subpoena or discovery procedure when the subject of the subpoena or discovery procedure refuses or fails to comply with the command to appear and testify before the committee or comply with the discovery procedure. If the subject of a subpoena or discovery procedure knowingly or intentionally refuses or fails to comply by the return date, the refusal or failure creates a rebuttable presumption that any withheld information would have been adverse to the interests of the subject. 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 shall comply with all applicable state and federal laws regarding confidentiality and any additional restrictions imposed by the committee. The committee may authorize the director of the Legislative Research Council to expend moneys from the legislative priority fund for the purpose of carrying out the duties of this section. 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; SL 2025, ch 18, § 2. 14