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HB 1200 revise certain provisions regarding contributions to ballot qu...

State of South Dakota  
NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017  

634Y0582   HOUSE BILL   NO.  1200  

Introduced by:    Representatives Mickelson, Anderson, Bartling, Gosch, Hawley, Heinemann, Holmes, Jensen (Kevin), Kaiser, Kettwig, Lesmeister, Marty, May, Otten (Herman), Qualm, Reed, Rhoden, Rounds, Schaefer, Steinhauer, Tieszen, Tulson, and Willadsen and Senators Bolin, Cronin, Curd, Kolbeck, Langer, Maher, Novstrup, Otten (Ernie), Solano, Stalzer, and Youngberg
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contributions to ballot question committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
    Any organization that contributes fifty thousand dollars or more within a twenty-four-month period to a ballot question committee or makes an independent communication expenditure of fifty thousand dollars or more within a twenty-four-month period shall disclose as a supplemental disclosure within the campaign finance disclosure statement filed with the secretary of state pursuant to the provisions of this chapter the name, address, occupation, and current employer of each of the one hundred largest contributors to the organization during the five years preceding the disclosure. If any of the one hundred largest contributors to an organization is an organization that is not otherwise required by any other law to disclose its top contributors, the ballot question committee shall collect and disclose the top one hundred

contributors to the organization that is not otherwise required by any other law to disclose its top contributors. If an organization fails to make a timely disclosure pursuant to this section as required by ballot question committee disclosure requirements, the ballot question committee shall be subject to a civil penalty equal to twenty-five percent of the organization's total contribution to the ballot question committee imposed by the secretary of state pursuant to rules promulgated by the secretary of state under chapter 1-26. If an organization fails to make a timely disclosure pursuant to this section as required by independent communication expenditure disclosure requirements, the organization is subject to a civil penalty equal to twenty-five percent of the organization's total independent communication expenditure imposed by the secretary of state pursuant to rules promulgated by the secretary of state under chapter 1-26. A ballot question committee or organization found to be in violation of this Act and not complying within ten days of written notification delivered by certified mail from the secretary of state may not contribute to any other ballot question committee or make any other independent communication expenditure, nor may any board member or officer of that committee or organization for a period of five years from the date of the violation. The secretary of state shall impose any civil penalty pursuant to this section and the proceeds deposited into the state general fund. An intentional violation of this Act is a Class 1 misdemeanor.

    For purposes of this section, all ballot question committees established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit are affiliated and share a single contribution limit. For purposes of this section, a contributor is any person, organization, or political committee that gives to an organization gratuitously.

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