92
nd Legislative Session _ 2017
Committee: Senate State Affairs
Wednesday, February 15, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Bolin
P Curd
P Heinert
P Langer
P Maher
P Novstrup
P Sutton
P Netherton, Vice-Chair
P Ewing, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Bob Ewing, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 15, 2017, AT
10:00 AM
Moved by: Netherton
Second by: Novstrup
Action: Prevailed by voice vote.
SB 171: establish the Government Accountability Task Force to study government, campaign
finance, lobbyist restrictions, and ethics and to declare an emergency.
Presented by: Senator Greenfield (Brock)
MOTION: AMEND SB 171
171fa
On page 1, line 9, of the printed bill, delete "thirteen" and insert "twelve".
On page 2, line 6, delete "two members who have" and insert "one member who has".
Moved by: Netherton
Second by: Novstrup
Action: Failed by voice vote.
MOTION: SUBSTITUTE MOTION AMEND SB 171
171fb
On page 1, line 9, of the printed bill, delete "thirteen".
On page 2, line 1, delete "one member" and insert "two members".
On page 2, line 2, delete "one member" and insert "two members".
On page 2, line 5, delete "two members" and insert "one member".
On page 2, line 6, delete "two members who have" and insert "one member who has".
Moved by: Sutton
Second by: Heinert
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Bolin, Curd, Heinert, Maher, Sutton, Ewing
Voting No: Langer, Novstrup, Netherton
MOTION: DO PASS SB 171 AS AMENDED
Moved by: Sutton
Second by: Heinert
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Bolin, Curd, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
Voting No: Heinert
SB 151: create a complaint procedure to resolve allegations of misconduct regarding certain
public officials.
Presented by: Senator Curd
MOTION: AMEND SB 151
151oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, if the
secretary of state finds that any person has failed to perform any duty imposed on that person by this
chapter, that person may be assessed an additional penalty not to exceed five hundred dollars. The
secretary of state may refer repeated violations of any duty required under this chapter for
prosecution by a state's attorney or the attorney general.
Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any person may file with the secretary of state a sworn affidavit alleging a violation of the
campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct,
breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any
fact on which the affiant relied, and identify any source of factual information. The affidavit shall
be sufficiently detailed and any allegation shall be internally consistent and plausible. The affidavit
shall be evaluated from the standpoint of a reasonable person. A lack of credible factual evidence
to corroborate any allegation of misconduct shall undermine any affidavit. No conclusion, opinion,
supposition, rumor, or innuendo may be considered in the review of the affidavit. If the sworn
affidavit has sufficiently substantiated facts that lead the secretary of state to believe there is probable
cause that a requirement under this chapter has been violated, the secretary of state may commence
the contested case procedure pursuant to chapter 1-26 to remedy the violation or impose a civil
penalty. The secretary of state may refer the complaint to the Division of Criminal Investigation for
an investigation pursuant to chapter 23-3.
Section 3. That chapter 23-3 be amended by adding a NEW SECTION to read:
Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
(1) Fraud by an elected official, public officer, or public employee in the performance of any
duty imposed by law on the elected official, public officer, or public employee pursuant
to § 22-30A-10;
(2) Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or
(3) An intentional violation of any limit on gifts to public officials under chapter 2-12.
The division shall review the facts alleged in the sworn affidavit and may initiate and conduct
an investigation to determine if a law has been violated. If the division has cause to believe that a
law has been violated, the division shall refer the matter to a state's attorney or the attorney general
for prosecution.
Section 4. That chapter 23-3 be amended by adding a NEW SECTION to read:
If an investigation authorized under section 3 of this Act does not reveal sufficient facts to
support a criminal prosecution, the Division of Criminal Investigation may determine that no further
action is required, or refer the matter to:
(1) The Government Operations and Audit Committee for review of a matter involving a
legislator or legislative employee;
(2) The secretary of state for a matter involving a candidate for the Legislature or statewide
office; or
(3) The Judicial Qualifications Commission for a matter involving a judicial officer.
A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be
signed and sworn to by the affiant, fully state any fact on which the affiant relied, and identify any
source of factual information. The affidavit shall be sufficiently detailed and any allegation shall be
internally consistent and plausible. The affidavit shall be evaluated from the standpoint of a
reasonable person. A lack of credible factual evidence to corroborate any allegation of misconduct
shall undermine any affidavit. No conclusion, opinion, supposition, rumor, or innuendo may be
considered in the review of the affidavit.
Section 5. That chapter 3-6D be amended by adding a NEW SECTION to read:
The Government Operations and Audit Committee shall review and investigate any matter
referred to the committee by the Division of Criminal Investigation and may recommend appropriate
action.
Section 6. That chapter 16-1A be amended by adding a NEW SECTION to read:
The Judicial Qualifications Commission shall review and investigate any matter referred to the
commission by the Division of Criminal Investigation and may recommend appropriate action."
Moved by: Maher
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF SB 151
151ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide certain
provisions regarding investigations of misconduct by certain public officials.".
On page 1, delete line 2.
Moved by: Curd
Second by: Netherton
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 151
SCR 7: To urge and request law enforcement and governmental agencies in South Dakota
to avoid and suspend all contacts and outreach activities with the Council on American
Islamic Relations.
Presented by: Senator Nelson
Opponents: Captain Mike Walsh, Sioux Falls, self
Taneeza Islam, Sioux Falls, self
Misdad Mustapa, Souix Falls, self
Brandy Serrels, Rapid City, self
Mohamed Sharif, Sioux Falls, self
Larry Ort, Brookings, self
Sister Welbig, Presentation Sisters
Betty Oldenkamp, Lutheran Social Services
Michael Saba, Sioux Falls, self
MOTION: AMEND SCR 7
c7ka
On page 1, between lines 6 and 7 of the printed resolution, insert:
"
WHEREAS, the United Arab Emirates included CAIR in its list of designated terrorist groups,
along with al Qaeda, the Islamic State, al Shabab, and Boko Haram; and
WHEREAS, in 1994, CAIR head, Nihad Awad, publicly declared his support for Hamas, and
at an August 2014 CAIR sponsored rally in Florida, demonstrators chanted, "We are Hamas!"; and".
On page 2, between lines 15 and 16, insert:
"
WHEREAS, the Muslim Brotherhood's motto reads, "Allah is our objective; the Prophet is our
leader; the Quran is our law; Jihad is our way; dying in the way of Allah is our highest hope."; and
WHEREAS, Senator Ted Cruz (R-TX) recently proposed legislation which labels the Muslim
Brotherhood as a foreign terrorist organization, stating, "it's time to call this enemy by its name and
speak with clarity and moral authority."; and
WHEREAS, other prominent statesman, such as Rex Tillerson, secretary of state and Ben
Carson, secretary of housing and urban development, describe the Muslim Brotherhood as "radical
agents of Islam" and terrorist organizations; and
WHEREAS, the founder of the American Muslim Alliance, Sheikh Mohammed el Hajj Hassan
stated that President Trump must list the Muslim Brotherhood as a terrorist organization because it
"has practiced killing crimes and terror attacks in the Arab world."; and".
On page 2, between lines 18 and 19, insert:
"
WHEREAS, CAIR failed to file federal taxes three years in a row, lost its tax-exempt status and
has consistently disrespected U. S. laws and America as a whole; and".
On page 2, between lines 21 and 22, insert:
"
WHEREAS, South Dakotans welcome all races, religions, and creeds to our beloved state who
immigrate to South Dakota to mix with and to add to our great American melting pot; however, we
reject as a people the brutal terrorists attacks and persistent threats to our fellow Americans by
Islamic terrorists as well as any who harbor and promote such barbaric evil towards our fellow
Americans in the name of any religion or belief; and
WHEREAS, the factual circumstances recited herein, repeatedly demonstrate that CAIR
members are involved in and have been identified as actively supporting Islamic terrorism against
Americans and innocent people across the world; and
WHEREAS, "Charity is no part of the legislative duty of the government:" however, the sacred
duty of our state and federal government IS to protect the lives and safety of the citizens of South
Dakota, and our great nation; and".
Moved by: Maher
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: DEFER SCR 7 TO THE 41
ST LEGISLATIVE DAY
Moved by: Heinert
Second by: Sutton
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
SB 176: accommodate legislation relating to the protection of the public safety.
MOTION: AMEND SB 176
176oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 34-48A be amended by adding a NEW SECTION to read:
Upon the occurrence of an event that may consume significant public resources, poses a threat
to public or private property, and poses a threat to the health and welfare of the public, the Governor
may declare any location within the state to be a public safety zone and issue an order authorizing
any action provided for under § 34-48A-5, 34-48A-6, 34-48A-32, 34-48A-34, 34-48A-36, 34-48A-41, 34-48A-46, 34-48A-47, 34-48A-48, 34-48A-49, 34-48A-51, or 34-48-53, without declaring
an emergency or disaster, within the public safety zone and within one mile thereof.
Section 2. That § 34-48A-5 be amended to read:
34-48A-5. In the event of disaster, war, act of terrorism as defined in state law, or emergency that
is beyond local government capability, the Governor:
(1) May assume direct operational control over all or any part of the emergency management
functions within the state which may affect all or any portion of the state;
(2) May declare an emergency or disaster to exist in the stricken area and employ emergency
management to assist local authorities to affect relief and restoration;
(3) May call upon and use any facilities, equipment, other nonmedical supplies, and resources
available from any source, other than personal or private funds, in order to carry out the
purposes of this chapter by contributing to the expense incurred in providing relief in such
amounts as the Governor shall determine. However, nothing in this subdivision may be
construed to authorize the taking of firearms, as defined in subdivision 22-1-2(16),
without the consent of the owner;
(4) May suspend the provisions of any rules of any state agency, if strict compliance with the
provisions of the rule would in any way prevent, hinder, or delay necessary action in
managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake,
severe high and low temperatures, tornado storm, wave action, oil spill, or other water or
air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile
military or paramilitary action, which is determined by the Governor to require state or
state and federal assistance or actions to supplement the recovery efforts of local
governments in alleviating the damage, loss, hardship, or suffering caused thereby;
(5) May control the ingress and egress in a designated disaster, public safety, or emergency
area, the movement of vehicles upon highways within the area, the movement of persons
within the area, and the occupancy of premises within the area;
(6) May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical
supplies located within the state as may be reasonable and necessary to respond to the
disaster, emergency, or act of terrorism;
(7) May appoint and prescribe the duties of such out-of-state health care providers as may be
reasonable and necessary to respond to the disaster, emergency, or act of terrorism;
(8) May provide for the examination and safe disposal of any dead body as may be reasonable
and necessary to respond to the disaster, emergency, or act of terrorism; and
(9) May provide for the protection, construction or reconstruction, repair, and maintenance
of public or private transportation facilities.
The powers granted to the Governor under this section shall remain in effect for a period of six
months and may be restored for one or more successive six-month periods by declaration of the
Governor that the conditions permitting such powers persist.
Section 3. That § 22-35-6 be amended to read:
22-35-6. Any person who, knowing that he or she is not privileged to do so, enters or remains
in any place where notice against trespass is given by:
(1) Actual communication to the person who subsequently commits the trespass;
(2) Posting in a manner reasonably likely to come to the attention of trespassers; or
(3) Fencing or other enclosure which a reasonable person would recognize as being designed
to exclude trespassers;
is guilty of a Class 2 misdemeanor. However, if
such the trespasser defies an order to leave,
personally communicated to him or her by the owner of the premises or by any other authorized
person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.
If the trespasser defies a posted order not to enter a public safety zone established under chapter
34-48A, the trespasser is guilty of aggravated criminal trespass, which is a Class 1 misdemeanor. The
trespasser shall be sentenced to county jail for a period of not less than ten days and none of the
sentence may be suspended.
Section 4. That chapter 22-35 be amended by adding a NEW SECTION to read:
If a person is convicted of aggravated criminal trespass and the person has been convicted within
the past two years of the same offense, the person is guilty of a Class 6 felony.
Section 5. That chapter 22-35 be amended by adding a NEW SECTION to read:
Any conviction or plea of guilty, occurring within two years, for or to an offense in another state
which, if committed in this state, would be a violation of § 22-10-1 or 22-10-11 shall be used to
determine if the violation being charged is a first or second offense.
Section 6. That chapter 22-35 be amended by adding a NEW SECTION to read:
In any criminal case for aggravated criminal trespass brought pursuant to the § 22-35-6, whether
brought by information or indictment, a separate supporting information shall allege, in addition to
the principal offense charged, any former conviction within two years of the date the newly alleged
offense occurred. If the information is in two separate parts, each part shall be signed by the
prosecutor. If the underlying charge is brought by indictment the part two information shall be signed
by the prosecutor. In the first part the particular offense with which the accused is charged shall be
set out, and in the other part any former conviction shall be alleged.
Section 7. That chapter 5-4 be amended by adding a NEW SECTION to read:
Upon the request of the Governor, the commissioner of school and public lands may prohibit any
group larger than twenty persons from congregating upon any tract of land under the supervision of
the commissioner of school and public lands, if the prohibition is necessary to preserve the
undisturbed use of the land by the lessee or if the land may be damaged by the activity.
Section 8. That chapter 16-18 be amended by adding a NEW SECTION to read:
The Chief Justice of the South Dakota Supreme Court may waive any requirement of § 16-18-2
and admit any attorney licensed in the another jurisdiction within the United States, for a period not
to exceed one year, for the limited purpose of defending any defendant charged with violation of a
public safety zone established under chapter 34-48A if the Chief Justice deems that the waiver is
necessary in the interest of the sound administration of justice.
Section 9. That § 32-30-2.4 be amended to read:
32-30-2.4. The Department of Transportation with respect to highways under its jurisdiction may
promulgate rules pursuant to chapter 1-26 to prohibit or restrict the stopping, standing, or parking
of vehicles or the presence of any person standing outside of a motor vehicle, on any highway or
highway right-of-way if such stopping, standing, or parking, or presence of any person standing is
dangerous to those using the highway or if the stopping, standing, or parking of vehicles or the
presence of persons outside of a motor vehicle would unduly interfere with the free movement of
traffic thereon on the highway. If such a rule is promulgated, the highway shall be signed to indicate
where such stopping, standing, or parking is prohibited. The secretary of transportation may establish
a temporary no parking zone, not to exceed ninety days, if the secretary of public safety and the
secretary of transportation, after consultation with the director of the highway patrol, agree that a no
parking zone is necessary for the protection of life and property. Such The signs are official signs
and no person may stop, stand, or park any vehicle or stand outside a motor vehicle in violation of
the restrictions stated on such the signs. A violation of this section is a Class 2 misdemeanor.
Section 10. That chapter 22-18 be amended by adding a NEW SECTION to read:
Unless otherwise directed by law enforcement or other emergency personnel or to seek assistance
for an emergency or inoperable vehicle, no person may stand upon the paved or improved or
main-traveled portion of any highway with intent to impede or stop the flow of traffic. A violation
of this section is a Class 1 misdemeanor.
Section 11. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval."
Moved by: Curd
Second by: Maher
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 176
SB 54: revise certain provisions regarding campaign finance requirements.
MOTION: AMEND SB 54
54fd
On the previously adopted amendment (54fb), delete sections 7, 8, and 9, inclusive, and insert:
" Section 7. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 4. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds four
thousand dollars during any calendar year. If the contributor is a political action committee, no
candidate for statewide office or the candidate's campaign committee may accept any contribution
that in the aggregate exceeds five thousand dollars during any calendar year. A candidate campaign
committee may accept unlimited contributions from any candidate campaign committee or political
party. No candidate campaign committee may accept any contribution from a non-South Dakota
candidate committee, out-of-state political action committee, federal political action committee, or
federal candidate committee that in the aggregate exceeds five thousand dollars during any calendar
year. A candidate campaign committee may only accept contributions from any candidate campaign
committee, political action committee, entity, person, or political party pursuant to the limits stated
in this chapter. The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 8. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or
the candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. If the contributor is a South Dakota political action
committee, no legislative or county candidate may accept any contribution that in the aggregate
exceeds five thousand dollars in any calendar year. A candidate campaign committee may accept
unlimited contributions from any candidate campaign committee or political party. No legislative
or county candidate campaign committee may accept any contribution from a non-South Dakota
candidate committee, out-of-state political action committee, federal political action committee, or
federal candidate committee that in the aggregate exceeds five thousand dollars during the calendar
year. A candidate campaign committee may only accept contributions from any candidate campaign
committee, entity, political action committee, or political party pursuant to the limits stated in this
chapter.
The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 9. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 6. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an organization, an entity, or a political action
committee, no political action committee may accept any contribution that in the aggregate exceeds
ten five thousand dollars during any calendar year. If the contributor is a ballot question committee,
no political action committee may accept any contribution that in the aggregate exceeds ten thousand
dollars during any calendar year. No political action committee may accept any contribution from
a non-South Dakota candidate committee, out-of-state political action committee, federal political
action committee, or federal candidate committee that in the aggregate exceeds five thousand dollars
during any calendar year. A political action committee may also accept unlimited contributions from
any candidate campaign committee, political action committee, or political party. A violation of this
section is a Class 1 misdemeanor. "
Moved by: Maher
Second by: Langer
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 54
54db
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That section 3 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 3. That § 12-27-1 be amended to read:
12-27-1. Terms used in this chapter mean:
(1) "Ballot question," any referendum, initiative, proposed constitutional amendment, or other
measure submitted to voters at any election;
(2) "Ballot question committee," a person or organization that raises, collects, or disburses
contributions for the placement of a ballot question on the ballot or the adoption or defeat
of any ballot question. A ballot question committee is not a person, political committee,
or political party that makes a contribution to a ballot question committee. A ballot
question committee is not an organization that makes a contribution to a ballot question
committee from treasury funds;
(3) "Candidate campaign committee," any entity organized by a candidate to receive
contributions and make expenditures for the candidate. Only one candidate campaign
committee may be organized for each candidate;
(4) "Candidate," any person who seeks nomination for or election to public office. A person
is a candidate if the person raises, collects, or disburses contributions in excess of five
hundred dollars; has authorized the solicitation of contributions or the making of
expenditures; or has created a candidate campaign committee for the purpose of obtaining
public office; or has taken all actions required by state law to qualify for nomination for
or election to public office;
(5) "Clearly identified," the appearance of the name, nickname, a photograph or a drawing
of a candidate or public office holder, or the unambiguous reference to the identity of a
candidate or public office holder;
(6) "Contribution," any gift, advance, distribution, deposit, or payment of money or any other
valuable consideration, or any contract, promise or agreement to do so; any discount or
rebate not available to the general public; any forgiveness of indebtedness or payment of
indebtedness by another person; or any use of services or property without full payment
or that is provided by any person, political committee, or political party whose primary
business is to provide services or property, made for the purpose of influencing:
(a) The nomination, election, or re-election of any person to public office; or
(b) The placement of a ballot question on the ballot or the adoption or defeat of any
ballot question.
The term does not include services provided by a person as a volunteer for or on behalf
of any candidate, political committee, or political party, including the free or discounted
use of a person's residence. Nor does the term include the purchase of any item of value
or service from any political committee or political party or office. A contribution does
not include administration or solicitation of a contribution for a political action committee
established by an organization or its associated expenses, nor the use of an organization's
real or personal property located on its business premises for such purposes. A
contribution does not include nominal use of a candidate's real or personal property or
nominal use of resources available at a candidate's primary place of business;
(7) "County office," any elected office at a county in this state;
(8) "Election," any election for public office; any general, special, primary, or runoff election;
and any election on a ballot question;
(9) "Expenditure," includes: any purchase, payment, distribution, loan, advance, deposit, or
gift of money or anything of value, made by any person for the purpose of influencing any
election, office or ballot initiative, measure, or question; and the term includes a written
contract, promise, or agreement to make an expenditure. However, the term, expenditure,
does not include:
(a) A communication appearing in a news story, commentary, or editorial or letter to
the editor distributed through the facility of any broadcasting station, newspaper,
magazine, or other periodical publication, unless the facility is owned or controlled
by any political party, political committee, or candidate;
(b) Any communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership
organization solely to members of the organization and the members' families; or
(c) Any communication that refers to any candidate only as part of the popular name
of a bill or statute;
(10) "Expressly advocate," any communication that:
(a) In context has no other reasonable meaning than to encourage the election or defeat
of one or more clearly identified candidates, or public office holders, or the
placement of a ballot question on the ballot or the adoption or defeat of any ballot
question using explicit words of advocacy or defeat such as: vote, re-elect, support,
cast your ballot for, reject, and defeat; or
(b) If taken as a whole and with limited reference to external events, such as the
proximity to the election, may only be interpreted by a reasonable person as
containing advocacy of the election or defeat of one or more clearly identified
candidates or public office holders, or the placement of a ballot question on the
ballot or the adoption or defeat of any ballot question because:
(i) The electoral portion of the communication is unmistakable, unambiguous,
or suggestive of only one meaning; and
(ii) Reasonable minds could not differ as to whether it encourages actions to
elect or defeat one or more clearly identified candidates or public office
holders, or the placement of a ballot question on the ballot or the adoption
or defeat of any ballot question or encourages some other kind of action;
(10) "Immediate family," a spouse of a candidate or public office holder; a person under the
age of eighteen years who is claimed by that candidate or public office holder or that
candidate's or public office holder's spouse as a dependent for federal income tax
purposes; or any relative within the third degree of kinship of the candidate or the
candidate's spouse, and the spouses of such relatives;
(11) "Independent expenditure," an expenditure, including the payment of money or exchange
of other valuable consideration or promise, made by a person, organization, political
committee, or political party to expressly advocate the election or defeat of a clearly
identified candidate or the placement of a ballot question on the ballot or the adoption or
defeat of any ballot question, but which is not made to, controlled by, coordinated with,
requested by, or made upon consultation with a candidate, political committee, or agent
of a candidate or political committee. The term does not include administration or
solicitation or any contribution for a political action committee established by an
organization and associated expenses, nor the use of an organization's real or personal
property located on it business premises for such purposes. The term does not include any
communication by a person made in the regular course and scope of the person's business
or ministry or any communication made by a membership organization solely to any
member of the organization and the member's family for a communication by a person,
organization, political committee, or political party which is not a contribution and which:
(a) Refers to a clearly identified candidate for state or local elective office or the
placement of a ballot question on the ballot or the adoption or defeat of any ballot
question; and
(b) Is made without arrangement, cooperation, or consultation between any candidate
or any authorized committee or agent of a candidate and the person making the
expenditure or any authorized agent of that person, and is not made in concert with
or at the request or suggestion of any candidate or any authorized committee or
agent of the candidate; and
(c) Satisfies at least one of the following standards: Contains express advocacy, or its
functional equivalent, of the election or defeat of a clearly identified candidate for
office; or is disseminated, broadcast or otherwise published within sixty days of the
election sought by a candidate, mentions a candidate and targets the candidate's
relevant electorate.
The term, independent expenditure, does not include: a communication appearing in a
news story, commentary, or editorial or letter to the editor distributed through the facilities
of any broadcasting station, newspaper, magazine, or other periodical publication, unless
such facilities are owned or controlled by any political party, political committee, or
candidate; a communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership organization
solely to members of the organization and the members' families; or any communication
that refers to any candidate only as part of the popular name of a bill or statute;
(12) "In-kind contribution," the value of a good or service provided at no charge or for less
than fair market value. The term does not include the value of services provided by a
person as a volunteer for or on behalf of any candidate, political committee, or political
party, including the free or discounted use of the volunteer's residence or office;
(13) "Legislative office," the Senate and the House of Representatives of the South Dakota
Legislature;
(14) "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an
obligation, conditional or not, to repay in whole or part. The outstanding amount of a loan
not made in the ordinary course of business and at a usual and normal interest rate is a
contribution until repaid;
(15) "National political party," the organization which is responsible for the day-to-day
operation of a political party at the national level, as determined by the Federal Election
Commission;
(16) "Organization," any corporation, limited liability company, nonprofit corporation, limited
liability partnership, limited partnership, partnership, cooperative, trust except for a trust
account representing or containing only a contributor's personal funds, a business trust,
association, club, labor union, or collective bargaining organization; any local, state, or
national organization to which a labor organization pays membership or per capita fees,
based upon its affiliation or membership; any trade or professional association that
receives its funds from membership dues or service fees, whether organized inside or
outside the state; any other entity organized in a corporate form under federal law or the
laws of this state; or any group of persons acting in concert that is not defined as a
political committee or political party in this chapter;
(16)(17) "Person," a natural person;
(17)(18) "Political action committee," any person or organization that raises, collects or
disburses contributions to influence the outcome of an election and who is not a
candidate, candidate campaign committee, ballot question committee, or a political
party. A political action committee is not any:
(a) Person who makes a contribution to a political committee or political party from
that person's own funds; or
(b) Organization that makes a contribution to a ballot question committee from
treasury funds;
(18)(19) "Political committee," any candidate campaign committee, political action
committee, or ballot question committee;
(19)(20) "Political party," any state or county political party qualified to participate in a
primary or general election, including any auxiliary organization of such political
party. An auxiliary organization is any organization designated as an auxiliary
organization in a political party's bylaws or constitution except any auxiliary
organization that only accepts contributions to support volunteer activities of the
organization and does not make monetary or in-kind contributions or any
independent expenditures to any political committee;
(20)(21) "Public office," any statewide office, legislative office, or county office;
(21A) "Qualified contribution," a contribution made by a natural person resident of the state that
is not, in the aggregate, in excess of two hundred and fifty dollars to a candidate for
legislative office or in excess of five hundred dollars to a candidate for statewide office;
(22) "Recognized business entity," any:
(a) Domestic corporation, limited liability company, nonprofit corporation, limited
liability partnership, or cooperative duly registered with the secretary of state as of
the first day of January of the current calendar year, and which is currently in good
standing;
(b) Foreign corporation, limited liability company, nonprofit corporation, limited
liability partnership, or cooperative duly registered with the secretary of state as of
the first day of January of the current calendar year, and which is currently in good
standing; or
(c) Entity organized in a corporate form under federal law;
The term. recognized business entity, does not include a political committee or political
party or an organization which was established by or is controlled, in whole or in part, by
a candidate, political committee, or agent of a candidate or political committee;
(21)(23) "Statewide office," the office of Governor, lieutenant governor, secretary of state,
attorney general, state auditor, state treasurer, commissioner of school and public
lands, and public utilities commissioner;
(22)(23A) "Treasury funds," funds of an organization not raised or collected for the purpose
of influencing a ballot question;
(23)(24) "Volunteer," any person who provides
a person's own personal services free of
charge.
Section 2. That section 4 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 4. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person, no candidate for statewide office or the candidate's
campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars
during any calendar year. A candidate campaign committee may accept contributions from any
candidate campaign committee, political action committee, or political party. No candidate for
Governor, or the candidate's campaign committee, may accept contributions from a person or
political committee which in the aggregate from one source exceeds four thousand dollars during
any calendar year, or contributions from a political party which in the aggregate from one source
exceeds forty thousand dollars during any calendar year.
No candidate for attorney general or lieutenant governor, or the candidate's campaign committee,
may accept contributions from a person or political committee which in the aggregate from one
source exceeds two thousand dollars during any calendar year, or contributions from a political party
which in the aggregate from one source exceeds twenty thousand dollars during any calendar year.
No candidate for secretary of state, state auditor, state treasurer, commissioner of school and
public lands, or public utilities commissioner, or the candidate's campaign committee, may accept
contributions from a person or political committee which in the aggregate from one source exceeds
one thousand dollars during any calendar year, or contributions from a political party which in the
aggregate from one source exceeds ten thousand dollars during any calendar year.
No candidate for statewide office may accept a contribution from a ballot question committee.
The limitation on any contribution
from a person in this section does not apply to any
contribution by the candidate
or the candidate's immediate family to the candidate's campaign
committee. A violation of this section is a Class 1 misdemeanor.
Section 3. That section 5 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person, no No candidate for legislative or county office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. A candidate campaign committee may accept
contributions from any candidate campaign committee, political action committee, or political party
contributions from a person or political committee which in the aggregate from one source exceeds
seven hundred fifty dollars during any calendar year, or contributions from a political party which
in the aggregate from one source exceeds five thousand dollars during any calendar year.
No candidate for legislative or county office may accept a contribution from a ballot question
committee.
The limitation on any contribution
from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family to the candidate's campaign
committee. A violation of this section is a Class 1 misdemeanor.
Section 4. That section 6 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 6. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an organization, no No political action committee may
accept any contribution from a person, organization, political committee or political party that in the
aggregate from a single source exceeds ten two thousand dollars during any calendar year. A political
action committee may not accept contributions from any candidate campaign committee, political
action committee, or political party a ballot question committee. A violation of this section is a Class
1 misdemeanor.
Section 5. That section 7 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 7. That § 12-27-10 be amended to read:
12-27-10. If the contributor is a person, noNo political party may accept any contribution from
a person or political committee that in the aggregate from a single source exceeds ten five thousand
dollars during any calendar year. A political party may not accept contributions from any candidate
campaign committee, political action committee, or political party a ballot question committee. A
violation of this section is a Class 1 misdemeanor.
Section 6. That section 8 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 7. That section 9 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 8. That section 10 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 9. That section 11 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 11. That § 12-27-11 be amended to read:
12-27-11. No person, organization, candidate, political committee, or political party may give
or accept a contribution unless the name and residence address of the contributor is made known to
the person receiving recipient of the contribution. Any contribution, money, or other thing of value
received by a candidate, political committee, or political party from an unknown source shall be
donated to a nonprofit charitable organization. No person, organization, candidate, political
committee, or political party may accept from a person a contribution of more than five hundred
dollars in the aggregate in a calendar year unless the occupation and current employer of that person
is disclosed to the recipient at the time the contribution is made. A violation of this section is a Class
2 misdemeanor.
Section 10. That chapter 12-27 be amended by adding a NEW SECTION to read:
Contributions received by a candidate campaign committee may not be used for any purpose
other than a purpose related to a candidate's campaign. Contributions received by a candidate
campaign committee that are not used for any purpose related to a candidate's campaign may be
donated to any other candidate, candidate campaign committee, or nonprofit charitable organization.
Section 11. That section 13 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 13. That § 12-27-13 be amended to read:
12-27-13. A contribution or receipt is considered to be converted to personal use if the
contribution or amount is used to fulfill any commitment, obligation, or expense of a person that
would exist irrespective of the candidate's election campaign, person's duties as a holder of elective
office, or political committee's political activities, including but not limited to a home mortgage, rent,
or utility payment; a clothing purchase; a noncampaign-related automobile expense; a country club
membership; a vacation or other noncampaign-related trip; a household food item; a tuition payment;
admission to a sporting event, concert, theater, or other form of entertainment not associated with
an election campaign; and dues, fees, and other payments to a health club or recreational facility.
Equipment, supplies, and materials purchased with contributions are property of the political
committee or political party, and are not property of the candidate or any other person.
Section 12. That section 14 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 14. That § 12-27-15 be amended to read:
12-27-15. Any printed material or communication made, purchased, paid for, or authorized by
a candidate, political committee, or political party that expressly advocates for or against a candidate,
public office holder, ballot question, or political party shall prominently display or clearly speak the
following statement: "Paid for by (name of candidate, political committee, or political party)." If the
communication is made, purchased, paid for, or authorized by a political committee or political
party, the communication shall also state whether or not the communication was authorized by or
coordinated with any candidate and the name of any candidate who authorized the communication
or with whom the communication was coordinated. This section does not apply to buttons, balloons,
pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement
would be impracticable. A violation of this section is a Class 1 misdemeanor.
Section 13. That section 15 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 15. That § 12-27-16 be amended to read:
12-27-16. The following apply to independent expenditures by persons and organizations related
to communications advocating for or against candidates, public office holders, ballot questions, or
political parties:
(1) Any person or organization making a payment or promise of payment totaling one
hundred dollars or more, including an in-kind contribution, for a communication that
expressly advocates for or against a candidate, public office holder, ballot question, or
political party an independent expenditure shall append to or include in each
communication a disclaimer that clearly and forthrightly conspicuously:
(a) Identifies the name and address or website of the person or organization making
the independent expenditure for that communication;
(b) States the address or website address of the person or organization;
(c) States that the communication is independently funded and an independent
expenditure and not made in consultation or coordination with any candidate,
political party, or political committee or any authorized committee or agent of the
candidate; and
(d)(c) If an independent expenditure is undertaken by an organization not including a
candidate, public office holder, political party, or political committee, the following
notation the communication must be included also include a clear and conspicuous
statement entitled: "Top Five Contributors," including followed by a listing of the
names of the five persons making the largest contributions in aggregate to the
organization during the twelve months preceding that communication.
A violation of this subdivision is a Class 1 misdemeanor;
(2) Any person or organization making a payment or promise of payment of an independent
expenditure aggregating one hundred dollars or more in any calendar year, including an
in-kind contribution, for a communication described in subdivision (1) shall file by
electronic transmission a statement with the secretary of state within forty-eight hours of
the time that the communication is disseminated, broadcast, or otherwise published
payment or promise of payment is made and each time any additional payment or promise
of payment aggregating one-hundred dollars or more is made. The statement for each
person or organization shall include:
(a) The name, street address, city, and state of the person or organization and any
expenditures made for the independent expenditure during that calendar year, but
not yet reported on a prior statement;
(b) The elections to which the independent expenditures pertain and name of
candidate, ballot question, or political party identified in each independent
expenditure;
(c) The amount spent on each independent expenditure, as well as the name, street
address, city, and state of the person or organization paid;
(d) Whether the independent expenditure was for or against the candidate, ballot
question, or political party; and
(e) For an organization, the full name, residence address including city and state,
occupation, name of employer, and aggregate amount of the payment of each
person whose funds were used for the independent expenditure. The identity of the
person or persons whose funds were used for the independent expenditures shall
be determined in the following manner. Any person or persons who made
payments in the aggregate in excess of $100 during that calendar year pursuant to
an agreement or understanding that person's funds would be used for an
independent expenditure shall be identified. A person's payment can only be
credited to all independent expenditures up to the amount given in the calendar
year. If the funds identified pursuant to this subdivision are insufficient to cover the
cost of the independent expenditure, the organization shall report its donors
utilizing a "last in, first out" accounting method, reporting donors in reverse
chronological order beginning with the most recent of its donors or, if there are any
prior payments or expenditures, beginning with the most recent donor for which
unattributed payments remain, until the full amount expended for the independent
expenditure is accounted for;
(3) The statements required by this section shall include the name, street address, city, and
state of the person or organization and, any expenditures made for communications
described in subdivision (1) during that calendar year but not yet reported on a prior
statement, the name of each candidate, public office holder, ballot question, or political
party mentioned or identified in each communication, the amount spent on each
communication, and a description of the content of each communication. For an
organization, the statement shall also include the name and title of the person filing the
report, the name of its chief executive, if any, and the name of the person who authorized
the expenditures on behalf of the organization;
(4) For an organization whose majority ownership is owned by, controlled by, held for the
benefit of, or comprised of twenty or fewer persons, partners, owners, trustees,
beneficiaries, participants, members, or shareholders, the statement shall identify by name
and address each person, partner, owner, trustee, beneficiary, participant, shareholder, or
member who owns, controls, or comprises ten percent or more of the organization; and
(5) For an organization, supplemental statements, as defined in subdivision(3), for any of its
partners, owners, trustees, beneficiaries, participants, members, or shareholders identified
pursuant to subdivision(4) that are owned by, controlled by, held for the benefit of, or
comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries,
participants, members, or shareholders, until no organization identified in the
supplemental statements meets the ownership test set forth in subdivision(4); and
(6) For purposes of this section, the term, communication, does not include:
(a) Any news article, editorial endorsement, opinion or commentary writing, or letter
to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical
not owned or controlled by a candidate, political committee, or political party;
(b) Any editorial endorsement or opinion aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(c) Any communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership
organization solely to members of the organization and the members' families; and
(d) Any communication that refers to any candidate only as part of the popular name
of a bill or statute.
Section 14. That section 16 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 15. That section 17 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 16. That section 20 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 20. That § 12-27-22 be amended to read:
12-27-22. A campaign finance disclosure statement shall be submitted to the secretary of state
by the treasurer of each every:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Statewide, county, local, or auxiliary committee of any political party;
(4) Statewide ballot question committee;
(5) Any candidate or candidate committee for any statewide or legislative office whose name
appears on the primary ballot, but does not appear on the general election ballot, shall
submit a campaign finance disclosure statement, or termination report, that shall be
received by the secretary of state by 5:00 p.m. on the second Friday of August following
the primary election; and
(6) Statewide ballot question committee that does not meet the signature requirements for
placement of the ballot issue on the general election ballot, shall submit a termination
report to the secretary of state by 5:00 p.m. central time on the first Monday in February
following the year the statement of organization was submitted to the secretary of state.
The statement shall be signed and
submitted filed by the treasurer of the political committee or
political party. The statement shall be received by the secretary of state and
submitted filed by 5:00
p.m.
central time on the first Monday of each February
first and shall cover the contributions and
expenditures for the preceding calendar year. The statement shall also be received by the secretary
of state and filed by 5:00 p.m. on the fifth Tuesday before each primary and general election
complete through the fiftieth day prior to that election. The statement shall also be received by the
secretary of state and submitted filed by 5:00 p.m. central time on the second Friday prior to each
primary and general election complete through the fifteenth day prior to that election. Each statewide
ballot question committee shall submit a termination report by 5:00 p.m. central time no later than
the first Monday in February following the year the ballot question was on the ballot. The statement
shall also be received by the secretary of state and filed by 5:00 p.m. on the fourth Friday after each
primary and general election complete through the second Friday after that election. If a candidate
is seeking nomination at the biennial state convention, the candidate or the candidate campaign
committee shall file a campaign finance disclosure statement with the secretary of state by 5:00 p.m.
on the second Friday prior to any biennial state convention. Any statement submitted filed pursuant
to this section shall be consecutive and shall cover contributions and expenditures since the last
statement submitted filed.
The following are not required to file a campaign finance disclosure statement:
(1) A candidate campaign committee for county office on February first following a year in
which there is not an election for the office;
(2) A political committee that regularly files a campaign finance disclosure statement with
the Federal Election Commission or a report of contributions and expenditures with the
Internal Revenue Service;
(3) A statewide candidate whose is publicly seeking a nomination by that candidate's party
convention prior to a primary election; and
(4) An independent statewide candidate prior to a primary election.
A violation of this section is a Class 1 misdemeanor.
Section 17. That section 21 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 21. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure statement shall include the following information,
regardless of whether it has previously been included in a timely contribution disclosure statement
pursuant to § 12-27-24.1:
(1) The political committee or political party name, street address, postal address, city, state,
zip code, daytime and evening telephone number, and e-mail address;
(2) The type of campaign statement (fifth Tuesday pre-primary, second Friday pre-primary,
fourth Friday post-primary, fifth Tuesday pre-general, second Friday pre-general, fourth
Friday post-general, post-primary nonwinner, mid-year, year-end, amendment,
supplement, or termination);
(3) For any If a ballot question committee, the ballot question number and whether the
committee advocates is for or against the ballot question;
(4) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(5) The total amount of all contributions received during the reporting period;
(6) The total amount of all in-kind contributions received during the reporting period;
(7) The total of refunds, rebates, interest, or other income not previously identified during the
reporting period;
(8) The total of contributions, loans, or any other receipts during the reporting period;
(9) The total value of loans made to any person, political committee, or political party during
the reporting period;
(10) The total of expenditures made during the reporting period;
(11) The total amount of any expenditure incurred but not yet paid, detailed in a list. Any An
expenditure incurred but not yet paid shall be reported on each report filed after the date
of receipt of goods or services until payment is made to the vendor. A payment shall be
listed as an expenditure when the payment is made;
(12) The cash balance on hand as of the close of the reporting period;
(13) The total amount of contributions of one two hundred dollars or less in the aggregate from
one source received during the reporting period calendar year;
(14) The name, residence address, city, and state of each person making a contribution of more
than one two hundred dollars in the aggregate during the reporting period calendar year
and the amount of the contribution, as well as the occupation and name of employer of
each person contributing a contribution of more than five hundred dollars in the aggregate
during the calendar year. Any contribution from any political committee or political party
shall be itemized. Any contribution from a federal political committee or political
committee organized outside the state shall also include the name and website address of
the filing office where campaign finance disclosure statements are regularly filed for the
committee. If any information required by the section is unknown to the political
committee or political party, the political committee or political party may not deposit the
contribution;
(15) Any in-kind contribution shall contain the same information as for monetary
contributions, and shall also include a description of the in-kind contribution;
(16) Upon the request of the treasurer, any person making an in-kind contribution shall provide
all necessary information to the treasurer, including the value of the in-kind contribution;
(17) Any monetary or in-kind contribution made by a political committee or political party to
any political committee, political party, or nonprofit charitable organization shall be
itemized;
(18) A categorical description and amount of any refunds, rebates, interest, sale of property,
or other receipts not previously identified during the reporting period;
(19) A categorical description and amount of any funds or donations by any organization to its
political committee for establishing and administering the political committee and for any
solicitation costs of the political committee;
(20) The total balance of any loans owed by the political committee or political party;
(21) The balance of any loans owed by the political committee or political party, itemized by
lender's name, street address, city, and state, including the terms, interest rate, and
repayment schedule of each loan;
(22) The total balance of loans owed to the political committee or political party;
(23) The amount of any loan made during the reporting period; the name, street address, city,
and state of the recipient of the loan;
(24) The balance of any loan owed to the political committee or political party, itemized by
name, street address, city, and state;
(25) Any expenditure made during the reporting period shall be categorized as disbursements
to consultants, advertising agencies, credit card companies, or similar firms, itemized by
expense categories. Any contribution made by the political committee or political party
that is not in exchange for any item of value or service shall be itemized;
(26) Any expenditure incurred but not yet paid during the reporting period and to whom the
expenditure is owed;
(27) The amount of any independent expenditure made during the reporting period, the name
of the candidate, public office holder, or ballot question related to the independent
expenditure and a description of the independent expenditure;
(28) The information contained in any statement provided pursuant to § 12-27-19; and
(29)
A The statement shall include a certification that the contents of the statement are true
and correct signed by the treasurer of the political committee or political party.
Section 18. That section 22 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 19. That section 27 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 27. That § 12-27-41 be amended to read:
12-27-41. Any Each statement required to be filed under this chapter may be filed by electronic
transmission shall be filed in accordance with the methods approved by the secretary of state
pursuant to the requirements of § 12-27-4.1. The treasurer of a candidate campaign committee for
any statewide or legislative office, political action committee, political party, or ballot question
committee is required to file by electronic transmission with the secretary of state the campaign
finance disclosure statements required pursuant to § 12-27-22, if the political committee or political
party has received contributions in the aggregate of one thousand dollars or more during the period
covered by the statement. If a political committee or political party is required by this chapter to file
a statement by electronic transmission, the secretary of state may not accept nor consider filed any
statement that uses handwriting as input, aside from a signature. Any statement or disclosure not
required to be filed by electronic transmission may be filed by electronic transmission in accordance
with the methods approved by the secretary of state. To be timely filed, any statement received by
electronic transmission shall be legible and readable when received by the means it was delivered.
Section 20. That section 28 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 21. That section 29 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed."
Moved by: Sutton
Second by: Heinert
Action: Failed by roll call vote. (2-7-0-0)
Voting Yes: Heinert, Sutton
Voting No: Bolin, Curd, Langer, Maher, Novstrup, Netherton, Ewing
MOTION: AMEND SB 54
54fd
On the previously adopted amendment (54fb), delete sections 7, 8, and 9, inclusive, and insert:
" Section 7. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 4. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds four
thousand dollars during any calendar year. If the contributor is a political action committee, no
candidate for statewide office or the candidate's campaign committee may accept any contribution
that in the aggregate exceeds five thousand dollars during any calendar year. A candidate campaign
committee may accept unlimited contributions from any candidate campaign committee or political
party. No candidate campaign committee may accept any contribution from a non-South Dakota
candidate committee, out-of-state political action committee, federal political action committee, or
federal candidate committee that in the aggregate exceeds five thousand dollars during any calendar
year. A candidate campaign committee may only accept contributions from any candidate campaign
committee, political action committee, entity, person, or political party pursuant to the limits stated
in this chapter. The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 8. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-
Second Session Legislative Assembly, 2017, be amended to read:
Section 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or
the candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. If the contributor is a South Dakota political action
committee, no legislative or county candidate may accept any contribution that in the aggregate
exceeds five thousand dollars in any calendar year. A candidate campaign committee may accept
unlimited contributions from any candidate campaign committee or political party. No legislative
or county candidate campaign committee may accept any contribution from a non-South Dakota
candidate committee, out-of-state political action committee, federal political action committee, or
federal candidate committee that in the aggregate exceeds five thousand dollars during the calendar
year. A candidate campaign committee may only accept contributions from any candidate campaign
committee, entity, political action committee, or political party pursuant to the limits stated in this
chapter.
The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 9. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 6. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an organization, an entity, or a political action
committee, no political action committee may accept any contribution that in the aggregate exceeds
ten five thousand dollars during any calendar year. If the contributor is a ballot question committee,
no political action committee may accept any contribution that in the aggregate exceeds ten thousand
dollars during any calendar year. No political action committee may accept any contribution from
a non-South Dakota candidate committee, out-of-state political action committee, federal political
action committee, or federal candidate committee that in the aggregate exceeds five thousand dollars
during any calendar year. A political action committee may also accept unlimited contributions from
any candidate campaign committee, political action committee, or political party. A violation of this
section is a Class 1 misdemeanor. "
Moved by: Maher
Second by: Langer
Action: PREVAILED BY ROLL CALL VOTE. (9-0-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
MOTION: AMEND SB 54
54fg
On the previously adopted amendment (54fb), in Section 13, delete "Class 1 misdemeanor Class
6 felony" and insert "Class 1 misdemeanor".
On the previously adopted amendment (54fb), in Section 16, in subdivision (1)(c), delete "If
the independent communication expenditure is undertaken by an entity not including a candidate,
public office holder, or political committee, then the following disclaimer shall also be included:
"Top Five Contributors" followed by a listing of the names of the five persons making the largest
contributions to the entity during the twelve months preceding that communication."
On the previously adopted amendment (54fb), in Section 24, in subdivision (5) delete "first
Tuesday in December" and insert "by December thirty-first".
Moved by: Maher
Second by: Langer
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Netherton, Ewing
Voting No: Sutton
MOTION: AMEND SB 54
54fc
On the previously adopted amendment (54fb), in Section 20, delete "A ballot question
committee may not accept contributions from another ballot question committee."
Moved by: Novstrup
Second by: Langer
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 54
54fh
On the previously adopted amendment (54fb), in Section 20, delete "A ballot question
committee may not accept contributions from another ballot question committee." and insert "A
ballot question committee may accept contributions from another ballot question committee.".
Moved by: Sutton
Second by: Novstrup
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Heinert, Langer, Sutton
Voting No: Bolin, Curd, Maher, Novstrup, Netherton, Ewing
MOTION: SUBSTITUTE MOTION AMEND SB 54
54fe
On the previously adopted amendment (54fb), in Section 7, in the second to the last sentence,
overstrike "or the candidate's immediate family".
On the previously adopted amendment (54fb), in Section 8, in the first sentence of the second
paragraph, overstrike "or the candidate's immediate family".
Moved by: Sutton
Second by: Heinert
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Heinert, Langer, Sutton
Voting No: Bolin, Curd, Maher, Novstrup, Netherton, Ewing
MOTION: SUBSTITUTE MOTION AMEND SB 54
54ff
On the previously adopted amendment (54fb), after the last sentence in Section 40, insert:
"Section 41. That chapter 12-27 be amended by adding a NEW SECTION to read:
Contributions received by a candidate campaign committee may not be used for any purpose
other than a purpose related to a candidate's campaign. Contributions received by a candidate
campaign committee that are not used for any purpose related to a candidate's campaign may be
donated to any other candidate, candidate campaign committee, or nonprofit charitable
organization.".
Moved by: Sutton
Second by: Heinert
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
THE CHAIR DEFERRED SB 54
MOTION: ADJOURN
Moved by: Langer
Second by: Sutton
Action: Prevailed by voice vote.
Glenda Woodburn
____________________________
Committee Secretary
Bob Ewing, Chair
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