2017 House Bill 1073 -

State of South Dakota  

661Y0377   HOUSE BILL   NO.  1073  

Introduced by:    Representatives Mickelson, Bartels, Bartling, Beal, Chase, Clark, Dennert, Haggar, Hawley, Heinemann, Howard, Jensen (Kevin), Johns, Kettwig, Latterell, Lust, McPherson, Otten (Herman), Peterson (Kent), Peterson (Sue), Qualm, Reed, Rhoden, Steinhauer, Stevens, Tieszen, Tulson, and Willadsen and Senators Otten (Ernie), Curd, Ewing, Greenfield (Brock), Heinert, Langer, Maher, Nelson, Netherton, Novstrup, Soholt, and Sutton

        FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.
    Section 1. That chapter 2-12 be amended by adding a NEW SECTION to read:
    Terms used in this Act mean:
            (1)    "Immediate family," the spouse or any minor children living at home;
            (2)    "Lobbyist," any person who is registered pursuant to § 2-12-1; and
            (3)    "Principal," any person or organization that employs or otherwise compensates a lobbyist or authorizes a lobbyist to lobby on behalf of that person or organization.
    Section 2. That chapter 2-12 be amended by adding a NEW SECTION to read:
    No public official and no member of the immediate family of a public official may accept from any lobbyist or principal any gifts with a cumulative value greater than one hundred dollars during any calendar year. Any person who knowingly and intentionally violates any provision

of this section is guilty of a Class 1 misdemeanor.
    Section 3. That chapter 2-12 be amended by adding a NEW SECTION to read:

    For purposes of this Act, the term, public official, means:
            (1)    Any person holding a statewide office, including any person who has been elected or appointed but who has not yet assumed office;
            (2)    Any head of an agency in the executive branch, including any person who has been appointed but who has not yet assumed office; or
            (3)    Any member or member-elect of the Legislature.
    Section 4. That chapter 2-12 be amended by adding a NEW SECTION to read:
    For purposes of this Act, the term, gift, means anything of value, including any object, money, property, or service, that is given without compensation or remuneration. The term does not include:
            (1)    Anything of value for which the recipient paid an equal or greater value;
            (2)    Any contribution to a campaign committee that is regulated by the Federal Elections Commission or under chapter 12-27;
            (3)    Any service to assist a public official in the performance of official duties, including any cost to educate or inform the public official on matters of public policy; any advice, information, consultation, or communication regarding actual or proposed legislation; any service to constituents or to promote the economic development of the state;
            (4)    Any food or beverage provided for immediate consumption;
            (5)    Anything of value exchanged between immediate family members;
            (6)    The cost of admission to any state-owned facility or state-sponsored industry or event, if provided by the sponsoring state agency, political subdivision, or publicly

funded institution; or

            (7)    Anything of value received due to membership in a group, the majority of whose membership is not comprised of public officials, if the object or other thing of value is also given to other members of that group.
    Section 5. That § 12-27-46 be repealed.
    12-27-46. For the purposes of this section, the term "gift" means any compensation, reward, employment, gift, honorarium, beverage, meal, food, or other thing of value made or given directly or indirectly to any person.
    No lobbyist or employer of a lobbyist may make gifts to one person who is an elected state officer, legislative official or staffperson, or executive department official or staffperson aggregating more than one hundred dollars in a calendar year, nor may a lobbyist or employer of a lobbyist act as an agent or intermediary in the making of any such gift, or to arrange for the making of any such gift by any other person.
    The value of gifts given to an immediate family member of any elected state officer, legislative official, or executive branch official shall be attributed to the officer or official for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member, subject to approval by the commission in a manner to be promulgated by rule by the commission pursuant to its rulemaking authority under § 12-28-12.
    No person may knowingly receive any gift which is made unlawful by this section. A violation of this section is a Class 1 misdemeanor.