HB 1069 repeal and revise certain provisions related to campaign finan...
ENTITLED, An Act to repeal and revise certain provisions related to campaign finance and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-28-1 be repealed.
Section 2. That §§ 12-28-2 to 12-28-37, inclusive, be repealed.
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. 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) "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;
(12) "In-kind," 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;
(15) "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) "Person," a natural person;
(17) "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; or
(b) Organization that makes a contribution to a ballot question committee from
treasury funds;
(18) "Political committee," any candidate campaign committee, political action committee, or
ballot question committee;
(19) "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) "Public office," any statewide office, legislative office, or county office;
(21) "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) "Treasury funds," funds of an organization not raised or collected for the purpose of
influencing a ballot question;
(23) "Volunteer," any person who provides services free of charge.
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. 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 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person, 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.
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 6. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an organization, no political action committee may
accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year.
A political action committee may accept contributions from any candidate campaign committee,
political action committee, or political party. A violation of this section is a Class 1 misdemeanor.
Section 7. That § 12-27-10 be amended to read:
12-27-10. If the contributor is a person, no political party may accept any contribution that in the
aggregate exceeds ten thousand dollars during any calendar year. A political party may accept
contributions from any candidate campaign committee, political action committee, or political party.
A violation of this section is a Class 1 misdemeanor.
Section 8. That § 12-27-10.1 be repealed.
Section 9. That § 12-27-10.2 be repealed.
Section 10. That § 12-27-10.3 be repealed.
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 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. A violation of this section is a Class 2 misdemeanor.
Section 12. That § 12-27-12 be amended to read:
12-27-12. No person or organization may make a contribution in the name of another person or
organization, make a contribution disguised as a gift, make a contribution in a fictitious name, make
a contribution on behalf of another person or organization, or knowingly permit another to use that
person's or organization's name to make a contribution. No candidate may accept a contribution
disguised as a gift. A violation of this section is a Class 1 misdemeanor.
Section 13. That § 12-27-13 be amended to read:
12-27-13. 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 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
statement: "Paid for by (name of candidate, political committee, or political party)." 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 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 shall append to or include in each communication a disclaimer that clearly
and forthrightly:
(a) Identifies 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 not made in
consultation with any candidate, political party, or political committee; and
(d) If an independent expenditure is undertaken by an organization not including a
candidate, public office holder, political party, or political committee, the following
notation must be included: "Top Five Contributors," including 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 one hundred
dollars or more, including an in-kind contribution, for a communication described in
subdivision (1) shall file a statement within forty-eight hours of the time that the
communication is disseminated, broadcast, or otherwise published;
(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;
(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 16. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any political committee, organization, person, or political party that makes a payment or promise
of payment totaling one hundred dollars or more, including an in-kind contribution, for a
communication that clearly identifies a candidate or public office holder, but does not expressly
advocate the election or defeat of the candidate or public office holder, and that is disseminated,
broadcast, or otherwise published, shall file a statement with the secretary of state disclosing the
name, street address, city, and state of such political committee, organization, person, or political
party. The statement shall also include the name of the candidate or public office holder mentioned
in the communication, the amount spent on the communication, and a description of the content of
the communication. The statement shall be received and filed within forty-eight hours of the time
that the communication is disseminated, broadcast, or otherwise published.
For the purposes of this section, the term, communication, does not include:
(1) Any news articles, editorial endorsements, opinion or commentary writings, 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;
(2) Any editorial endorsements or opinions aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(3) 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;
(4) Any communication that refers to any candidate only as part of the popular name of a bill
or statute;
(5) Any communication used for the purpose of polling if the poll questions do not expressly
advocate for or against a candidate, public office holder, ballot question, or political party.
Section 17. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any political committee, organization, person, or political party that makes a communication as
defined in § 12-27-17, which does not expressly advocate for or against a candidate, public office
holder, ballot question, or political party, shall append to or include in each communication a
disclaimer that:
(1) Identifies the political committee, organization, person, or political party making the
communication; and
(2) States the address or website address of the political committee organization, person, or
political party.
If the communication is an independent expenditure made by a person or organization, then the
disclaimer shall include the following: "This communication is independently funded and not made
in consultation with any candidate, political party, or political committee." If the independent
expenditure is undertaken by an organization not including a candidate, public office holder, political
party, or political committee, then the following notation must also be included: "Top Five
Contributors," including a listing of the names of the five persons making the largest contributions
to an organization during the twelve months preceding that communication.
A violation of this section is a Class 1 misdemeanor.
Section 18. That § 12-27-20 be amended to read:
12-27-20. The state, an agency of the state, and the governing body of any county, municipality,
or other political subdivision of the state may not expend or permit the expenditure of public funds
for the purpose of influencing the nomination or election of any candidate, or for the petitioning of
a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not
be construed to limit the freedom of speech of any officer or employee of the state or any political
subdivision who is speaking in the officer's or employee's personal capacity. This section does not
prohibit the state, its agencies, or the governing body of any political subdivision of the state from
presenting factual information solely for the purpose of educating the voters on a ballot question.
Section 19. That § 12-27-21 be amended to read:
12-27-21. No candidate, political committee, or political party may accept any contribution from
any state, state agency, political subdivision of the state, foreign government, Indian tribal entity as
defined in the Federal Register Vol. 72, No. 55 as of March 22, 2007, federal agency, or the federal
government. A violation of this section is a Class 1 misdemeanor.
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:
(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 by the treasurer of the political committee or
political party. The statement shall be received by the secretary of state and submitted by 5:00 p.m.
central time on the first Monday of February and shall cover the contributions and expenditures for
the preceding calendar year. The statement shall also be received by the secretary of state and
submitted 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. Any statement submitted pursuant to this
section shall be consecutive and shall cover contributions and expenditures since the last statement
submitted.
A violation of this section is a Class 1 misdemeanor.
Section 21. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure statement shall include the following information:
(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 (pre-primary, pre-general, post-primary nonwinner, year-end, amendment, supplement, or termination);
(3) For any ballot question committee, the ballot question number and whether the committee
advocates 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. Any 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 hundred dollars or less in the aggregate from one
source received during the reporting period;
(14) The name, residence address, city, and state of each person making a contribution of more
than one hundred dollars in the aggregate during the reporting period and the amount of
the contribution. 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 certification that the contents of the statement are true and correct signed by the
treasurer of the political committee or political party.
Section 22. That § 12-27-24.1 be repealed.
Section 23. That § 12-27-29.1 be amended to read:
12-27-29.1. In addition to any other penalty or relief provided under this chapter, the secretary
of state, after notice and opportunity for hearing pursuant to chapter 1-26, may impose an
administrative penalty for the failure to timely file any statement, amendment, or correction required
to be filed by this chapter. The administrative penalty is fifty dollars per day for each violation not
to exceed three thousand dollars. If any violation is made by a county political party or auxiliary, the
administrative penalty is ten dollars per day for each violation not to exceed six hundred dollars. Any
administrative penalty collected pursuant to this section shall be deposited into the state general fund.
Section 24. That § 12-27-35 be amended to read:
12-27-35. The attorney general shall investigate and prosecute any violation of the provisions
of this chapter relating to a legislative office, statewide office, or statewide ballot question. In lieu
of bringing a criminal action, the attorney general may elect to file a civil action. In a civil action,
in addition to other relief, the court may impose a civil penalty in an amount not to exceed ten
thousand dollars for each violation. Any civil penalty recovered shall be paid to the state general
fund. A civil action brought by the attorney general shall be commenced in Hughes County, in the
county where the person resides, or in the county where the organization, political party, or political
committee has its principal office.
Section 25. That § 12-27-36 be amended to read:
12-27-36. The attorney general may, for the purpose of enforcing the provisions of this chapter,
inspect or examine any political committee or political party records required to be maintained by
this chapter. Any person having charge, control, or possession of political committee or political
party records who neglects or refuses the attorney general reasonable access to any records required
to be maintained by this chapter that are necessary to enforce the provisions of this chapter is guilty
of a Class 1 misdemeanor.
Section 26. That § 12-27-37 be amended to read:
12-27-37. The attorney general shall keep each record inspected or examined confidential except
when the records are used to enforce provisions of this chapter associated with a criminal or civil
action.
Section 27. That § 12-27-41 be amended to read:
12-27-41.
Any statement required to be filed under this chapter 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 28. That § 12-27-41.1 be repealed.
Section 29. That § 12-27-42.1 be repealed.
Section 30. That § 12-27-46 be repealed.
Section 31. That § 2-12-1 be amended to read:
2-12-1.
Any person who employs any other person to act as a lobbyist to seek the introduction
of legislation or to promote, oppose, or influence in any manner the passage by the Legislature of
any legislation affecting the special interests of any agency, individual, association, or business, as
distinct from those of the whole people of the state, or to act in any manner as a lobbyist in
connection with any such legislation, shall register the name of the person so employed or agreed
to be employed, with the secretary of state, to be included in a directory of registered lobbyists as
hereinafter provided. The lobbyist shall also register with the secretary of state. Upon the termination
of such employment prior to the adjournment sine die of a legislative session, such fact shall be
entered opposite the name of any person so employed, either by the employer or employee.
Section 32. That § 2-12-8.2 be amended to read:
2-12-8.2. No elected officer may act or register as a lobbyist, other than a public employee
lobbyist, during a period of one year after the officer's termination of service in the state government.
A violation of this section is a Class 1 misdemeanor.
Section 33. That § 2-12-9 be amended to read:
2-12-9. Any person who threatens, harms, offers to make bribes of money or other inducements,
offers or gives gifts or other types of consideration to any person for the purpose of obtaining
sponsorship or introduction of legislation, influencing the form of legislation, attempting to influence
any member of the Legislature to vote for or against any measure pending therein, or for or against
any candidate for any office to be elected or appointed by the Legislature, attempting to influence
any officer of either house of the Legislature in naming of members and officers of committees, or
in the performance of any of his duties, or attempting to influence or control the action of any
member in relation to any matter coming before the Legislature, or any of its committees is guilty
of a Class 1 misdemeanor.
Section 34. That § 2-12-11 be amended to read:
2-12-11. On or before July first of each year, each registered lobbyist and each employer of a
registered lobbyist whose name appears in the directory in that year shall submit to the secretary of
state a complete and detailed report of all costs incurred for the purpose of influencing legislation.
The report shall be submitted in writing or electronically in a format prescribed by the secretary of
state. However, the personal expenses of the lobbyist spent upon the lobbyist's own meals, travel,
lodging, phone calls or other necessary personal needs while in attendance at the legislative session
need not be reported. The completed reports shall be open to public inspection. The terms, costs, and
expenses, as used in this section do not mean the compensation paid by the employer to the lobbyist.
Any lobbyist expense report filed pursuant to this section is exempt from the ten dollar filing fee
prescribed in subdivision 1-8-10(2).
Any person who is authorized to act as a lobbyist on behalf of an employer pursuant to § 2-12-4,
but does not conduct any lobbying activities pursuant to § 2-12-1 nor act in any manner as a lobbyist
in connection with representing that employer, is not required to file any report required under this
chapter.
The secretary of state may impose an administrative penalty for the failure to timely file any
report required by this section. The secretary of state may impose a penalty not to exceed one
hundred dollars on a registered lobbyist or employer of a registered lobbyist for any report that is not
timely filed in accordance with this section. Any administrative penalty collected pursuant to this
section shall be deposited into the general fund.
Section 35. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
An Act to repeal and revise certain provisions related to campaign finance and to declare an
emergency.
=========================
I certify that the attached Act
originated in the
HOUSE as Bill No. 1069
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1069
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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