STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 11, 1969

The Honorable Dexter Gunderson
House of Representatives
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 69-25

Procedure to be followed by legislative committees in allowing persons to testify in respect to matters pending in the committees

Dear Representative Gunderson:

You have requested an official opinion on the proper procedure to be followed by legislative committees in allowing persons to testify in respect to matters pending in the committees.

Your specific question is:

"Who can appear before and testify at committee hearings?"

I shall base my opinion strictly upon statutory language and not attempt to interpret the rules of the Legislature for its own procedure.

Appearances before legislative bodies are covered by Chapter 55.07 of the South Dakota Code of 1939, known as Chapter 2-12-1 of the South Dakota Compiled Laws of 1967.

SDC 55.0701, SDCL 2-12-1, requires that every person, corporation, or association which employs any person to influence legislation which affects the pecuniary interest of that person, corporation, or association in a manner distinct from the manner in which the general public is affected shall be responsible to see, a must the employer himself, that his employee is registered on the dockets of legislative counsel and agents kept by the Secretary of State as provided by SDC 55.0702, SDCL 2-12-2.

Also, such counsel and agents must be entered upon the appropriate docket of each particular subject of legislation to which he wishes to testify. Further, that unless such entries have been made, SDC 55.0702, SDCL 2-12-5 prohibits such counsel or agent from appearing before the Legislature.

It, therefore, would appear that any person may appear before a legislative committee as a citizen or a representative of the whole people of the state; also, that any legislative counselor agent who is registered with the Secretary of State and upon the appropriate docket with respect to specific legislation, and a state or federal employee may appear with reference to his own pecuniary interest so long as appearance is within the restrictions of SDC 55.0705, SDCL 2-12-9, as authorized by SDC 55.0705, SDCL 2-12-10.

Only such persons who are employed to protect the pecuniary interests of another and who have failed to enter their names upon either the legislative docket of counsel and agents or the dockets kept with respect to specific legislation are prohibited by statute from appearing before and testifying to a legislative committee.

However, this limitation would not apply to anyone summoned before a legislative committee in accordance with Chapter 55.06 and amendments thereto, Chapter 2-6, pertaining to legislative committees and investigations. May I reiterate that this opinion is based upon statutory construction only and does not consider the legislative and committee rules.

Respectfully submitted,

Gordon Mydland
Attorney General