2017 Session Laws

CHAPTER 23

(HB 1165)

Updated financial interest statements.


        ENTITLED, An Act to provide for annually updated financial interest statements for any person elected to statewide or local office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-1A-2 be amended to read:

    3-1A-2. Persons assuming Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissioner, Supreme Court justice, circuit court judge, and or state legislator shall, within not more than fifteen days thereafter, after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth any additions and or corrections, if any, to their any previous statement of financial interest filed pursuant to § 12-25-28 or 12-25-29.

    Section 2. That § 3-1A-4 be amended to read:

    3-1A-4. Each Any person assuming who assumes the office of a county commissioner, school board member of a school district with a total enrollment of more than two thousand students, or commissioner, councilman, or mayor in municipalities of the first class, shall within, not more than fifteen days thereafter after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth the any additions and or corrections to the any previous statement of financial interest filed pursuant to § 12-25-30, if any.

    Section 3. That § 12-25-28 be amended to read:

    12-25-28. All candidates Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, and or the State Legislature shall file a statement of financial interest with the secretary of state within not more than fifteen days after filing the candidate's nominating petitions. A Any Supreme Court justice shall file a statement of financial interest with the secretary of state within not more than fifteen days of notifying following notice to the secretary of state of his the justice's intention to place his the justice's name on the retention ballot. A violation of this section is a petty offense. An Any intentional violation of this section is a Class 2 misdemeanor.

    Section 4. That § 12-25-29 be amended to read:

    12-25-29. All candidates Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, and or commissioner of school and public lands shall file a statement of financial interest with the secretary of state

within not more than fifteen days after their nominations have been the candidate's nomination is certified. A violation of this section is a petty offense. An Any intentional violation of this section is a Class 2 misdemeanor.

    Section 5. That § 12-25-30 be amended to read:

    12-25-30. Each Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at which the candidate's nominating petitions are filed within not more than fifteen days after filing such the candidate's nominating petitions or, if otherwise nominated, within not more than fifteen days after such the candidate's nomination is certified. A Any violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.

    Section 6. That § 12-25-27 be amended to read:

    12-25-27. Terms as used in §§ 12-25-27 to 12-25-31, inclusive, unless the context otherwise requires, this chapter mean:

            (1)    "Any member of his the individual's immediate family," a spouse or minor children living at home;

            (2)    "Close economic interest," any enterprise that, in the calendar year preceding the filing of a any statement of financial interest under any of §§ 12-25-28 to 12-25-30, inclusive, this chapter, contributes either more than ten percent of or more than two thousand dollars, to the gross income of the family which shall include, including the individual required to file the statement and any member of his the individual's immediate family, or an. The term also includes any enterprise in which such the individual or any member of his the individual's immediate family control controls more than ten percent of the capital or stock;

            (3)    "Enterprise," any business or economic relationship;

            (4)    "Statement of financial interest," a description of the type of financial activity and the nature of the association with the any enterprise as provided in subdivision (1) of defined in this section.

    Section 7. That § 3-1A-1 be amended to read:

    3-1A-1. Terms used in this chapter mean:

            (1)    "Any member of his or her the individual's immediate family," a spouse or minor children living at home;

            (2)    "Close economic interest," any enterprise that, in the calendar year preceding the filing of a any statement of financial interest under this chapter, contributes either more than ten percent of or more than two thousand dollars, to the gross income of the family which includes, including the individual required to file the statement and any member of his or her the individual's immediate family, or an. The term also

includes any enterprise in which the individual or any member of his or her the individual's immediate family control controls more than ten percent of the capital or stock;

            (3)    "Enterprise," any business or economic relationship;

            (4)    "Statement of financial interest," a description of the type of financial activity and the nature of the association with the any enterprise as provided in subdivision (1) of defined in this section.

     Signed March 10, 2017
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