22.251.10 97th Legislative Session 229

2022 South Dakota Legislature

House Bill 1041

Introduced by: Representative Ernie Otten

An Act to facilitate legislative oversight of settlement agreements involving a state entity or official.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 2-6 be amended with a NEW SECTION:

In any settlement agreement to which the state, an agency thereof, or officer or employee thereof in an official capacity pursuant to chapter 3-19, is a party, the state signatory to the agreement shall transfer a complete copy of the agreement to the Executive Board of the Legislative Research Council and the Government Operations and Audit Committee within thirty days of the agreement's execution date.

Section 2. That chapter 3-21 be amended with a NEW SECTION:

A nondisparagement or similar clause is void and unenforceable to prevent the communication or disclosure of facts to the Executive Board of the Legislative Research Council or the Government Operations and Audit Committee as to any state government activities associated with any settlement agreement to which the state, an agency thereof, or officer or employee thereof in an official capacity pursuant to chapter 3-19, is a party.

Underscores indicate new language.

Overstrikes indicate deleted language.