SDLRC - 2020 House Bill 1055 - SD Legislature revise certain provisions regarding the termination of a political committee under certain circumstances.
An Act to revise certain provisions regarding the
termination of a political committee under certain circumstances.
by the Legislature of the State of South Dakota:
That § 12-27-29.2 be AMENDED:
Order assessing penalty--Contents--Appeal--Termination of
Any civil penalty imposed pursuant to § 12-27-29.1
shall be assessed against the violator by an order of the secretary
of state. The order shall state the date and facts of each violation
addressed under the penalty assessed and the citations to the
provisions of each law alleged to be violated. The secretary of state
shall serve the order and assessment by certified mail. The order
shall contain a statement that the violator may appeal the order
within thirty days after receipt of the order by filing a written
request for a contested case hearing with the Office of Hearing
Examiners. If no contested case hearing is requested within thirty
days of receipt of the order, a civil penalty constitutes a judgment
and may be executed by delivery of a true and correct copy certified
by the secretary of state in the manner provided for the execution of
money judgments provided in chapter 15-18.
An appeal from the Office of Hearing Examiners to circuit court may
be taken by the parties to the appeal and intervenors before the
Office of Hearing Examiners. The appeal shall be taken and conducted
pursuant to the provisions of chapter 1-26.
The venue of the appeal shall be in Hughes County.
Notwithstanding whether a committee pays the penalty, if If
a committee does not submit the delinquent report or pay the
penalty within thirty thirty-five days
after receipt of the date of the order, the secretary
of state may terminate that committee. If a committee is terminated,
the secretary of state shall mail a termination letter to the last
address on record for the treasurer.
Catchlines are not law.
(§ 2-16-13.1) Underscores
indicate new language.
indicate deleted language.