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;

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Terms Used In South Dakota Codified Laws 2-6-4.2

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Subpoena: A command to a witness to appear and give testimony.

(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.