Legislature's investigation panel could get more power

Yahoo

24-02-2025

PIERRE, S.D. (KELO) — The South Dakota Legislature's committee that looks into problems within state government would no longer need permission to issue subpoenas under a proposal that is moving forward at the state Capitol.
The House State Affairs Committee on Monday recommended passage of House Bill 1204. The full House of Representatives will consider it Tuesday afternoon.
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Its prime sponsor, Republican Rep. Julie Auch, wants to reverse a 2018 law that requires the Legislature's Government Operations and Audit Committee to receive clearance beforehand from the Legislature's Executive Board.
That's an unnecessary step, according to Auch. 'It needs to be taken care of, managed, and move on,' she told the House panel.
The 2018 law was in response to then-Sen. Stace Nelson requesting that GOAC use its subpoena authority as part of investigating the GEAR Up scandal. The legislation to add the Executive Board's approval came from then-Rep. Jean Hunhoff and then-Sen. Deb Peters, who were GOAC's chair and vice-chair at the time.
The state Department of Revenue last year resisted subpoenas that GOAC members issued for Revenue Secretary Mike Houdyshell and another official to testify. The subpoenas have since been reissued for a GOAC meeting that will be held after the 2025 legislative session ends March 31.
Houdyshell didn't testify against the bill but responded to a question about why he wouldn't testify. He said there was an ongoing investigation that prevented him as a lawyer from disclosing details to the legislators.
GOAC has been looking into various state-government scandals that surfaced last year, including in the state Department of Revenue's motor-vehicle division.
Republican Rep. Jon Hansen called Monday for the House committee to endorse Auch's legislation. He is the House speaker and co-chair of the current Executive Board.
Requiring the Executive Board's approval adds time, provides an opportunity for state officials to lobby Executive Board members, handcuffs GOAC and brings an additional level of politics to the process.
'That all takes time – too much time under the circumstances,' Hansen said.
A former House speaker, Republican Rep. Spencer Gosch, said it is 'appalling' that a legislative committee would ever have to subpoena someone. 'I hate that we even have to do this,' he said.
Republican Rep. Karla Lems, the House speaker pro tem, described Auch's bill as 'the final tool' needed. 'It's giving us that extra piece to do the job,' Lems said.
The one 'no' vote came from Republican Rep. Tim Reisch, who served on GOAC the past two years. 'The executive branch was very forthright,' Reisch said, defending Revenue for not openly discussing the case because the people accused were presumed innocent until found guilty.
Reisch argued that the Executive Board acts on behalf of the Legislature during the nine months that lawmakers aren't in session and said he doesn't want the Legislature to surrender that authority by allowing GOAC to issue subpoenas on its own.
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