JOURNAL OF THE SENATE
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 22, 2017
The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Rev. Josh Baumann, followed by the Pledge of
Allegiance led by Senate page Audrey Cope.
Roll Call: All members present except Sen. Soholt who was excused.
APPROVAL OF THE JOURNAL
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Respectfully submitted,
Brock L. Greenfield, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1110 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Respectfully submitted,
Ernie Otten, Chair
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1087 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1098 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Respectfully submitted,
Kris Langer, Chair
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 176 and returns the same with the recommendation that said bill be amended as follows:
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."
176ob
On the previously adopted amendment (176oa), in section 2, subdivision (5), after "safety"
insert "zone".
On the previously adopted amendment (176oa), after section 10, insert:
" Section 11. The provisions of this Act are repealed on July 1, 2020.".
176ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize
the creation of public safety zones, to authorize certain actions to be implemented by the
Governor, to provide certain penalties, and to declare an emergency.".
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 54 and returns the same with the recommendation that said bill be amended as follows:
54fb
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 entity that raises, collects, or
disburses contributions for the placement of a any ballot question on the ballot or the
adoption or defeat of any ballot question. A ballot question committee is not a
person, or political committee, or political party that makes a contribution to a ballot
question committee. A ballot question committee is not an organization entity that
makes a contribution to a ballot question committee from treasury funds;
(3) "Candidate campaign committee," any entity committee organized by a candidate to
receive contributions and make expenditures for the candidate. Only one candidate
campaign committee may be organized for each candidate and only one statewide
candidate campaign committee may be organized for each candidate. A candidate
may, simultaneously, have both a legislative campaign committee and a statewide
campaign committee;
(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;
has been certified as a candidate by a political party 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, or 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 submitted.
The term does not include services provided by a person as a volunteer for or on
behalf of any candidate, or 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. The
purchase price of the item may not exceed the fair market value and may not include
an intent to contribute beyond the item's value. A contribution does not include
administration or and solicitation of a contribution for a political action committee
established by an organization entity or its associated expenses, nor the use of an
organization's entity'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 urge 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 of election 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 and 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 communication expenditure," an expenditure, including the payment
of money or exchange of other valuable consideration or promise, made by a person,
organization, entity, or political committee, or political party to expressly advocate
the election or defeat of a clearly identified for a communication concerning a
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 and solicitation or of any contribution for a political action committee established
by an organization entity and associated expenses, nor the use of an organization's
entity'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 Donated good or service," a good or service provided at no charge or for less
than its 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, or political committee,
or political party, including the free or discounted use of the volunteer's residence or
office;
(12A) "Itemize," to create a detailed list including the amount spent, what the funds were
spent on, or donated to, and the contributor's name and mailing address;
(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;
(14A) "Mailing address," includes street or PO Box, city, state, and zip code;
(15) "Organization Entity," any business corporation, limited liability company, nonprofit
corporation, limited liability partnership, limited liability 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 and 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 of any kind, except a natural person that is, has been, or could be recognized
by law; or any group of persons acting in concert that is not defined as a political
committee or political party in this chapter except, an entity is not a candidate, a
public office holder, or a political committee;
(16) "Person," a natural person;
(17) "Political action committee," any person or organization entity that raises, collects
or disburses contributions to influence the outcome of an election and who is not a
candidate, public officer holder, 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 Entity that makes a contribution to a ballot question committee
from treasury funds;
(18) "Political committee," any candidate campaign committee, political action
committee, political party, 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 the 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 contribute
donated goods or services or any independent communication expenditures to any
political committee except a political party;
(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;
(21) "Treasurer," the treasurer is:
(a) The person who is designated as and has agreed to serve as the person
responsible for each required filing that a committee is required to make under
this title; and
(b) The person who may be responsible for any monetary penalty assessed in
accordance with this chapter.
If a candidate is not the treasurer of the candidate's campaign committee, the penalty
of a candidate being decertified, pursuant to this chapter, remains.
Notwithstanding any other provisions of law, a candidate is jointly and severally
responsible with the treasurer of the candidate's campaign committee for each
monetary fine and penalty imposed by this chapter;
(22) "Treasury funds," funds of an organization entity not raised or collected from any
other source for the purpose of influencing a ballot question;
(23) "Volunteer," any person who provides services free of charge.
Section 2. That § 12-27-2 be amended to read:
12-27-2. A political committee shall have and continually maintain a chair and a treasurer,
which may be the same person. The chair and treasurer for a candidate campaign committee
shall be appointed by the candidate, and the candidate may serve as either, or both, such officers.
One person may serve as chair, candidate, treasurer, or any combination thereof. No political
committee may receive or make contributions or pay expenses while the office of treasurer is
vacant. A violation of this section is a Class 2 misdemeanor.
Section 3. That § 12-27-3 be amended to read:
12-27-3. The treasurer for a political action committee shall file a statement of organization
with the secretary of state not later than fifteen days after the date upon which the committee
made contributions, received contributions, or paid expenses in excess of five hundred dollars.
However, if such activity falls within thirty days of any statewide election, the statement of
organization shall be filed within forty-eight hours. A
Notwithstanding the provisions above, a candidate shall file a statement of organization for
a candidate campaign committee with the secretary of state not later than fifteen days after
becoming a candidate pursuant to this chapter. The statement of organization may be filed
electronically pursuant to § 12-27-41.
If the treasurer for a ballot question committee does not file a statement of organization
pursuant to chapter 2-1, the treasurer shall file a statement of organization with the secretary of
state not later than fifteen days after the date which the committee made contributions, received
contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls
within thirty days of any statewide election, the statement of organization shall be filed within
forty-eight hours.
A political committee that regularly files a campaign finance disclosure statement with
another state or the Federal Election Commission or a report of contributions and expenditures
with the Internal Revenue Service is not required to file a statement of organization. A violation
of this section is a
Class 2 Class 1 misdemeanor.
Section 4. That § 12-27-4 be repealed.
12-27-4. A political committee may incorporate and not be subject to the provisions of § 12-27-18 if the political committee incorporates for liability purposes only. Notwithstanding the
corporate status of the political committee, the treasurer of an incorporated political committee
remains personally responsible for carrying out the treasurer's duties under this chapter.
Section 5. That § 12-27-5 be repealed.
12-27-5. A political committee created prior to July 1, 2007 that has not filed a termination
statement shall file a statement of organization with the secretary of state not later than fifteen
days after this chapter becomes effective. A violation of this section is a Class 2 misdemeanor.
Section 6. That § 12-27-6 be amended to read:
12-27-6. The statement of organization shall include:
(1) The name, street address, postal address, and daytime mailing address, and street
address if different than the mailing address, and telephone number of the committee;
(2) The name, street address, postal address, and daytime mailing address, and street
address if different than the mailing address, and telephone number of the chair and
the treasurer of the committee;
(3) A statement of the type of political committee that has been or is being organized;
(4) In the case of a candidate campaign committee, the name of the candidate, the name
of the candidate's committee name, street address, and name and postal address of the
candidate, office the candidate is seeking, mailing address, and the street address if
different than the mailing address; and
(5) In the case of a political action committee or ballot question committee, a concise
statement of its purpose and goals, and the full name, street address, and postal
address mailing address, and the street address if different than the mailing address
of the organization entity with which the committee is connected or affiliated, or if
the committee is not connected or affiliated with any one organization entity, the
trade, profession, or primary interest of the committee.
The statement shall be signed by the candidate and treasurer for a candidate campaign
committee and by the chair and treasurer for other political committees
or and filed
electronically pursuant to § 12-27-41. A political committee continues to exist until a
termination statement is filed pursuant to §§ 12-27-25 and 12-27-26.
The treasurer of a political committee shall file an updated statement of organization not
later than fifteen days after any change in the information contained on the most recently filed
statement of organization.
Any correspondence regarding reporting deadlines, delinquent reports, administrative
penalties, and administrative hearings may only be sent to the treasurer listed on the most
current statement of organization on file.
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. 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, an entity, or a political action committee, 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 unlimited contributions from any candidate
campaign committee or political party. 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. 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.
Section 10. 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 or an entity, no political party may accept any
contribution that in the aggregate exceeds ten thousand dollars during any calendar year. If the
contributor is a political action committee, no political party may accept any contribution that
in the aggregate exceeds five thousand dollars during any calendar year. A political party may
accept unlimited contributions from any candidate campaign committee, political action
committee, or political party, but may not accept any contribution from a ballot question
committee. A violation of this section is a Class 1 misdemeanor.
Section 11. That chapter 12-27 be amended by adding a NEW SECTION to read:
Solicitation, receipt, direction, transfer, or spending of funds in connection with an election
are subject to limitations and requirements of this chapter. A candidate, person holding
statewide or legislative office, agent of a candidate or a person holding statewide or legislative
office, or an entity directly or indirectly established, financed, maintained, or controlled by or
acting on behalf of one or more candidates or persons holding statewide or legislative office,
may not solicit, receive, direct, transfer, or spend funds in connection with an election unless
the funds are subject to the limitations, prohibitions, and reporting requirements of this chapter.
Section 12. 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 entity, candidate, or political committee, or political party
may give or accept a contribution unless the name and residence address, mailing address, city
and state of the contributor is made known to the person, entity, candidate, or political
committee receiving the contribution. In the case of an entity or a political committee, a mailing
address of the contributor in conjunction with the contributor's city and state, shall be made
known to the candidate or political committee receiving the contribution. Any contribution,
money, or other thing of value received by a candidate, or political committee, or political party
from an unknown source shall be donated to a nonprofit charitable organization entity. A
violation of this section is a Class 2 Class 1 misdemeanor.
Section 13. That section 12 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 12. That § 12-27-12 be amended to read:
12-27-12. No person or organization entity may make a contribution in the name of another
person or organization entity, make a contribution disguised as a gift, make a contribution in a
fictitious name, make a contribution on behalf of another person or organization entity, or
knowingly permit another to use that person's or organization's entity's name to make a
contribution. No candidate may knowingly accept a contribution disguised as a gift. A violation
of this section is a Class 1 misdemeanor Class 6 felony.
Section 14. 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. 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 15. 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, or political committee, or political party that expressly advocates for or against
disseminates information concerning a candidate, public office holder, ballot question, or
political party shall prominently display or clearly speak the statement: "Paid for by (name of
candidate, or 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 16. 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 communication expenditures by persons and
organizations entities related to communications advocating for or against concerning
candidates, public office holders, ballot questions, or political parties who are not controlled by,
coordinated with, requested by, or made upon consultation with a candidate, political
committee, or agent of a candidate or political committee:
(1) Any person or organization making entity that makes a payment or promise of
payment totaling more than one hundred dollars or more, including an in-kind
contribution, for a donated goods or services for an independent communication
expenditure that expressly advocates for or against concerns 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 entity making the independent
communication expenditure for that communication;
(b) States the mailing address or and website address, if applicable, of the person
or organization entity;
(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 An independent communication expenditure made by a person
or entity shall include the following: "This communication is independently
funded and not made in consultation with any candidate, public office holder,
or political committee." 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.
A violation of this subdivision is a Class 1 misdemeanor;
(2) Any person or organization entity making a payment or promise of payment of more
than one hundred dollars or more, including an in-kind contribution donated goods
and services, for a communication described in subdivision (1) shall file a an
independent communication expenditure statement within forty-eight hours of the
time that the communication is disseminated, broadcast, or otherwise published;
(3) The independent communication expenditure 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:
(a) Identify the person or entity making the expenditure;
(i) Including mailing address, city, and state of a person; or
(ii) If an entity, the mailing address, city, and state, and website address if
applicable; and
(iii) Identify any expenditures made for communications described in
subdivision (1) during the current 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; and
(b) For an entity, the independent communication expenditure 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 entity;
(4) For an organization entity 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 mailing address each person, partner, owner, trustee, beneficiary,
participant, shareholder, or member who owns, controls, or comprises ten percent or
more of the organization entity;
(5) For an organization, supplemental An entity shall also provide 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 entity 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, or political committee, or
political party;
(b) Any editorial endorsement or opinion aired by a broadcast facility not owned
or controlled by a candidate, or 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 entity 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; and
(e) Any communication used for the purpose of polling if the poll question does
not expressly advocate for or against a candidate, public office holder, ballot
question, or political party.
Section 17. That section 16 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
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 18. That section 17 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 17. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any political committee,
organization, entity, or 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, other than an independent
communication expenditure that is not controlled by, coordinated with, requested by, or made
upon consultation with a candidate, political committee, or agent of a candidate or political
committee, shall append to or include in each communication a disclaimer that:
(1) Identifies the political committee, organization, entity, or person, or political party
making the communication; and
(2) States the address or website address, if applicable, of the political committee
organization,, entity, or 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.Any person or entity making a communication under this section has the same
reporting requirements as § 12-27-16. Any political committee making a communication under
this section shall include each communication as an expenditure on the campaign finance
disclosure report.
A violation of this section is a Class 1 misdemeanor.
Section 19. That § 12-27-18 be amended to read:
12-27-18. No organization may make a contribution to a candidate committee or political
party. An organization An entity may make a contribution to a ballot question committee
organized solely for the purpose of influencing an election on a single ballot question and may
make independent communication expenditures regarding the placement of a ballot question on
the ballot or the adoption or defeat of a ballot question. Any organization entity making
expenditures, equal to or exceeding fifty percent of the organization's entity's annual gross
income, for the adoption or defeat of a ballot measure is a ballot question committee. An
organization may create a political action committee. A violation of this section is a Class 1
misdemeanor.
Section 20. That § 12-27-18.1 be amended to read:
12-27-18.1. A ballot question committee may only accept contributions from a person,
organization, entity, or political action committee, or political party. A ballot question
committee may not accept contributions from another ballot question committee. A violation
of this section is a Class 1 misdemeanor.
Section 21. That § 12-27-19 be amended to read:
12-27-19. Before making a contribution to a ballot question committee pursuant to
§ 12-27-18, an organization entity shall provide to the ballot question committee the following:
(1) A statement that the organization is filed as a domestic or foreign entity in good
standing with the Office of the Secretary of State of this state;
(2) A statement that the organization is filed as an entity in good standing with another
jurisdiction, and setting forth the following:
(a) The name of the organization;
(b) The name of the state or nation under whose law the organization is
incorporated or organized; and
(c) The street address of the organization's principal office; or
(3) If neither of the above apply, a statement providing:
(a) The name of the organization;
(b) The street address of the organization's principal office;
(c) The name and street address of the person authorizing the contribution; and
(d) The name and street address of every owner, director, and officer of the
organization The name or fictitious name of the entity;
(2) The mailing address of the entity's office;
(3) The name and mailing address of each owner, director, and officer of the entity;
(4) The committee name the contribution was given to, the date, and the amount of the
contribution; and
(5) The name and mailing address of the person authorizing the contribution.
Before contributing more than ten thousand dollars in the aggregate to a ballot question
committee pursuant to § 12-27-18, an organization shall provide to the ballot question
committee a sworn written statement made by the president and treasurer of the organization
declaring and affirming, under the penalty of perjury, the following:
(1) The name and street address of every person who owns ten percent or more of the
organization, has provided ten percent or more of the organization's gross receipts,
including capital contributions, in the current or preceding year, or has provided ten
percent or more of the funds being contributed to the ballot question committee; and
(2) That no part of the contribution was raised or collected by the organization for the
purpose of influencing the ballot question.
A ballot question committee shall disclose in its applicable campaign financial disclosure
statement or supplement statement all information received from
an organization any entity
pursuant to this section. No ballot question committee may accept any contribution from
an
organization any entity not preceded or accompanied by the statements required by this section.
Except as provided by § 22-29-1, violation of this section is a Class 1 misdemeanor.
Section 22. That section 19 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 19. That § 12-27-21 be amended to read:
12-27-21. No candidate, or 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 23. 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:
(1) Candidate or candidate campaign committee for any statewide or legislative office
shall file a pre-primary, pre-general, year-end, and if applicable supplemental report
and amendments in even numbered years. In odd numbered years shall file a
year-end and if applicable amendments. A termination report may be submitted at
any time;
(2) Candidate or candidate campaign committee for a legislative or county office shall
file a pre-primary if the candidate's name appears on the primary election ballot,
pre-general, year-end and if applicable supplemental report and amendments in even
numbered years. A termination report may be submitted at any time;
(2)(3) Political Statewide political action committee shall file a pre-primary, pre-general,
year-end, and if applicable supplemental report and amendments in even numbered
years. In odd numbered years shall file a year-end or if applicable amendments. A
termination report may be submitted at any time;
(3)(4) Statewide
, county, local, or auxiliary committee of any political party
shall file a
pre-primary, pre-general, year-end and if applicable supplemental report and
amendments in even numbered years. In odd numbered years shall file a year-end or
amendments, if applicable. A termination report may be submitted at any time. A
political party that loses its status as a qualified party shall file a termination
statement by 5:00 p.m. central time the second Tuesday in January following the
calendar year in which qualified party status was lost;
(5) County political party and auxiliary organization shall file a pre-general and if
applicable supplemental report and amendments in even numbered years. A
termination report may be submitted at any time; and
(4)(6) Statewide ballot question committee; shall file a pre-primary, pre-general, year-end
and if applicable supplemental report and amendments in even numbered years. In
odd numbered years shall file a year-end and if applicable amendments. A
termination report may be submitted at any time. A 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
(a) 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 second
Tuesday in January following the year the statement of organization was
submitted to the secretary of state; or
(b) For a ballot issue that was on a ballot shall submit a termination report to the
secretary of state by 5:00 p.m. central time on the second Tuesday in January
following the calendar year the ballot question was on the ballot.
A campaign finance disclosure statement shall be submitted to the secretary of state by the
treasurer of each committee who shall file the following financial disclosure reports in
accordance with the time frames stated in this chapter: pre-primary, pre-general, year-end,
amendment, supplemental, and a termination when a committee is terminating its existence.
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 24. That chapter 12-27 be amended by adding a NEW SECTION to read:
Each statement referred to § 12-27-22 shall be signed and submitted by the treasurer of the
political committee. The statement shall be received by the secretary of state and submitted by
5:00 p.m. central time on the following dates:
(1) Pre-primary report: fifteen days prior to the primary election, for the reporting period
commencing with the last report submitted up through and including twenty days
prior to the election date;
(2) Pre-general report: fifteen days prior to the general election, for the reporting period
commencing with the last report submitted up through and including twenty days
prior to the election date;
(3) Amendments: submitted pursuant to § 12-27-27;
(4) Supplemental report: submitted pursuant to § 12-27-28;
(5) Year-end report: first Tuesday in December each year, for the reporting period
commencing with the last report submitted up through and including November
twenty-fifth of each year;
(6) Termination report: at any time as stated in 12-27-23;
(7) Pre-primary, pre-general, amendments, supplemental, year-end, and termination
reports shall cover the contributions and expenditures since the last report submitted;
and
(8) All required filings under this chapter shall be submitted using the forms as provided
by the secretary of state.
A violation of this section is a Class 1 misdemeanor.
Section 25. That § 12-27-22.1 be amended to read:
12-27-22.1. No campaign finance disclosure statement report is required to be submitted
under the following circumstances:
(1) A year-end report for a candidate campaign committee for legislative or county office
on the first Monday in February following a year in which there is not an election for
the office;
(2) A county, local, or auxiliary committee of any political party, qualified to participate
in a primary or general election, prior to a statewide primary election;
(3) A legislative or county candidate campaign committee without opposition in a
primary election, prior to a primary election;
(4) A candidate campaign committee whose name is not on the general election ballot,
prior to the general election;
(5) A by a political committee that regularly submits a campaign finance disclosure
statement report with another state or the Federal Election Commission or a report
of contributions and expenditures with the Internal Revenue Service;
(6) A statewide candidate who is publicly seeking a nomination by that candidate's party
convention prior to a primary election; and
(7) An independent statewide candidate prior to a primary election
, and has a statement
of organization filed with the Office of the Secretary of State. The political
committee treasurer shall report on the form as provided by the secretary of state. The
report may only include contributions and expenditures related to this state.
Section 26. 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 report shall include the following
information:
(1) The political committee or political party name, street address, postal address, city,
state, zip code, daytime and evening mailing address, telephone number, and, if
applicable, e-mail address;
(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, if
any of the political committee's treasurer;
(3) The type of campaign statement report (pre-primary, pre-general, post-primary
nonwinner, year-end, amendment, supplement, or termination);
(3)(4) For any ballot question committee, the ballot question number name and whether the
committee advocates for or against supports or opposes the ballot question;
(4)(5) The balance of cash and cash equivalents on hand at the beginning of the reporting
period;
(5)(6) The total amount of all contributions received during the reporting period;
(6)(7) The total amount of all in-kind contributions any donated good or service received
during the reporting period;
(7)(8) 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)(9) 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)(10) The cash balance on hand as of the close of the reporting period;
(13)(11) The total amount of All contributions of one hundred dollars or less in the
aggregate from one source received during the reporting period shall either be
aggregated and reported as a lump sum or the contributions shall be listed
individually. The individual contributions of one hundred dollars or less shall
be noted on the committee's books and a running total of each individual's
contributions shall be maintained;
(14)(12) The name,
residence address, mailing address, city, and state of each person
making a contribution of more than one hundred dollars in the aggregate
during
the reporting period any calendar year 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 this state shall also include the name
and website address of the filing office where campaign finance disclosure
statements reports 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)(13) Any in-kind donated good or service contribution shall contain the same
information as for any monetary contributions contribution, and shall also
include a description of the in-kind donated good or service contribution;
(16)(14) Upon the request of the treasurer, any person making an in-kind a donated
good or service contribution shall provide all necessary information to the
treasurer, including the value of the in-kind contribution;
(17)(15) Any monetary or in-kind donated good or service contribution made by a
political committee or political party to any political committee, political
party, or nonprofit charitable organization entity shall be itemized;
(18)(16) A categorical description and amount of any refunds, rebates, interest, sale of
property, or other receipts not previously identified during the reporting
period;
(19)(17) A categorical description and amount of any funds or donations by any
organization entity to its political committee for establishing and
administering the political committee and for any solicitation costs of the
political committee;
(20)(18) The total balance of any loans owed by the political committee or political
party Each loan received shall be reported in the same manner as a
contribution;
(21)(19) 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 Each loan repayment shall
be reported in the same manner as an expenditure;
(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)(20) Any expenditure made during the reporting period shall be categorized as
disbursements to consultants, advertising agencies, credit card companies, or
similar firms, and 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)(21) The amount of any independent communication expenditure from a political
committee made during the reporting period, and lists the name of the
candidate, public office holder, or ballot question related to the independent
communication expenditure and a description of the independent
communication expenditure;
(22) Miscellaneous expenditures need to be itemized;
(28)(23) The information contained in any statement provided pursuant to § 12-27-19;
and
(29)(24) A certification that the contents of the statement are true and correct signed by
the treasurer of the political committee
or political party.
Section 27. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any political committee that terminates shall have a zero balance at the time of termination.
A termination report shall itemize the disbursement of money not expended or gifted in order
to achieve a zero balance. The chair of a political committee that is terminating shall designate
where property or money not expended or obligated is gifted. If a ballot question committee is
preparing for termination, the chair of the ballot question committee may designate property and
money not expended or obligated, to be dispersed to any nonprofit organization as defined by
law.
Section 28. That § 12-27-25 be amended to read:
12-27-25. The last campaign finance statement report filed shall be a termination statement
report. The termination statement report shall be filed by the treasurer within thirty days
following disposition of all funds and property and the payment of all obligations. If a
termination pursuant to § 12-27-29.2 occurs, this section does not apply.
Section 29. That § 12-27-27 be amended to read:
12-27-27. Any treasurer or other person filing a statement or report pursuant to this chapter,
shall file an amended statement or report within three seven days of discovering any omission,
inaccuracy, or other change necessary to make the statement or report accurate. A person
responsible for filing a statement or report pursuant to this chapter, who willfully fails to report
a material change or correction, is guilty of a Class 1 misdemeanor. A person responsible for
filing a statement or report pursuant to this chapter, who willfully fails to file an amendment
pursuant to this section is subject to the administrative penalty in § 12-27-29.1 beginning on the
first day following the third seventh day after the candidate, treasurer, or other person is notified
of the omission, inaccuracy, or other change necessary to make the statement or report accurate.
Section 30. That § 12-27-28 be amended to read:
12-27-28. If any candidate campaign committee for statewide office, political action
committee, ballot question committee, or political party political committee required to file a
campaign finance disclosure statement report pursuant to this chapter receives a contribution
of five hundred dollars or more within the fourteen days immediately prior to an election for
which a campaign finance disclosure statement report may be filed, a supplemental statement
report shall be filed. The statement report shall state the name, street address, city, and state and
mailing address of the contributor and the amount and date of the contribution, and information
contained in any statement report provided under § 12-27-19, if applicable. The statement report
shall be filed by the treasurer within forty-eight hours of the receipt of the contribution. A
violation of this section is a Class 1 misdemeanor.
Section 31. That § 12-27-29 be amended to read:
12-27-29. The treasurer of a political committee and political party shall maintain and
preserve detailed and accurate records of the following:
(1) Each contribution and in-kind donated good or service contribution received by the
political committee or political party;
(2) In the case of a ballot question committee, the information required by § 12-27-19
for any organization entity contribution;
(3) Each loan received or made by the political committee or political party;
(4) Each refund, rebate, interest, or other income received by the political committee or
political party;
(5) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an
explanation of each, for each expenditure;
(6) The name and address of any financial institution where an account or depository for
the political committee or political party is maintained including the account number.
The treasurer shall maintain and preserve the records for a period of seven years or three
years past the date of filing the termination statement for the election for which the contribution
or expenditure was made, whichever is earlier. A violation of this section is a Class 1
misdemeanor.
Section 32. That section 23 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
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 or the
Campaign Finance Ethics Commission, may impose an administrative a civil penalty for the
failure to timely file any statement, amendment, or correction required to be filed by this
chapter. The administrative civil penalty is fifty two hundred 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 civil penalty is ten fifty dollars per day for each violation not to
exceed six hundred dollars. Any administrative civil penalty collected pursuant to this section
shall be deposited into the state general fund.
Section 33. That § 12-27-29.2 be amended to read:
12-27-29.2. Any administrative civil penalty imposed pursuant to § 12-27-29.1 shall be
assessed against the violator by an administrative order of the secretary of state or by the
Campaign Finance Ethics Commission. 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 order shall contain a statement that the violator may appeal the order within
thirty days after receipt of the order and request a contested case hearing on the violation and
penalty pursuant to chapter 1-26, by filing a written request with the secretary of state no later
than twenty days after the receipt of the order with venue in Hughes County circuit court. The
secretary of state shall serve the order and assessment by certified mail. If not contested
appealed within twenty thirty days of receipt of the order, an administrative order assessing an
administrative 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.
If a hearing is requested, the matter shall be scheduled for a hearing before the secretary of
state within thirty days from the receipt of the request. The secretary of state shall provide notice
of the hearing consistent with the provisions of § 1-26-17. A final determination by the secretary
of state may be appealed to the circuit court or Supreme Court as provided in chapter 1-26.
If the time to take an appeal has lapsed after the final determination by the secretary of state,
the administrative order assessing an administrative 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 judgments in chapter 15-18.
If a committee incurs the maximum penalty fee, does not submit the delinquent report, and
a judgment is executed, 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.
Notwithstanding whether a committee pays the penalty, if a committee does not
submit the delinquent report within thirty days after receipt 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.
Section 34. That § 12-27-29.3 be amended to read:
12-27-29.3. No person candidate who is listed on a statement of organization for a political
candidate campaign committee or political party pursuant to §§ 12-27-3 and 12-27-6 may be
certified as a candidate for office unless the treasurer of the political candidate campaign
committee or political party for which the person candidate is listed has:
(1) Paid all administrative penalties assessed pursuant to § 12-27-29.1 and any other
monetary penalty imposed pursuant to this chapter against the person or the treasurer;
and
(2) Filed all statements, documents, and information required under this title; or
(2) Paid each civil penalty assessed pursuant to § 12-27-29.1, the Campaign Finance
Ethics Commission, or any other penalty imposed pursuant to this chapter against the
candidate or the treasurer.
Section 35. That § 12-27-32 be amended to read:
12-27-32. The secretary of state shall endorse the date of the filing on each statement filed
pursuant to this chapter, and shall preserve the statement electronically among the public records
of the office. However, the statement may be destroyed if the Records Destruction Board, acting
pursuant to § 1-27-19, declares the records to have no further administrative, legal, fiscal,
research, or historical value.
Section 36. That § 12-27-33 be amended to read:
12-27-33. No information copied, or otherwise obtained, from any statement or report, or
copy, reproduction, or publication thereof, filed with the secretary of state, county auditor, or
other person in charge of conducting the election under this chapter may be sold or utilized by
any person for any commercial purpose or for the purpose of soliciting contributions. Any
violation of this section is a Class 2 Class 1 misdemeanor.
Section 37. That section 24 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
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 political committee and prosecute any violation thereof. 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, entity or political
committee has its principal office.
Section 38. That section 25 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
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 39. That § 12-27-39 be amended to read:
12-27-39. The provisions of this chapter apply to each statewide office, legislative office,
statewide ballot question, county offices and ballot questions in counties with population greater
than five ten thousand according to the most recent Federal census, ballot questions in first class
municipalities, and school district offices and ballot questions in school districts with more than
two thousand average daily membership. Any municipal or school district election covered by
this chapter shall conform to the contribution limits applicable to legislative offices. This
chapter does not apply to the unified judicial system, nor does this chapter apply to any township
or special purpose district offices or ballot questions or elections for municipal offices.
However, the governing body of any county, township, municipality, school district, or special
purpose district not otherwise covered by this chapter may adopt an ordinance or resolution to
make the provisions of this chapter, with or without amendments, applicable to county,
township, municipal, school district, or special purpose district elections.
Section 40. That chapter 12-27 be amended by adding a NEW SECTION to read:
The Office of the Secretary of State's duty to file a document under this chapter is
ministerial. If the Office of the Secretary of State files or refuses to file a document, it does not:
(1) Affect the validity or invalidity of the document in whole or part;
(2) Relate to the correctness or incorrectness of information contained in the document;
or
(3) Create a presumption that the document is valid or invalid or that information
contained in the document is correct or incorrect."
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. "
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".
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.".
54oa
On the previously adopted amendment (54fb), in section 10, delete "five" and insert "ten".
54fi
Delete the previously adopted amendment (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 ten thousand dollars during any calendar year. A
candidate campaign committee may accept unlimited contributions from any candidate
campaign committee or political party. 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 ten thousand dollars in any calendar year. A candidate campaign
committee may accept unlimited contributions from any candidate campaign committee or
political party. 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, entity, political action committee,
ballot question committee, non-South Dakota candidate committee, out-of-state political action
committee, federal political action committee, or federal candidate committee, 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 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. "
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.".
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 151 and returns the same with the recommendation that said bill be amended as follows:
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."
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.
151ob
On the previously adopted amendment (151oa) after the last section insert:
Section 7. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any person who makes a false allegation pursuant to this Act is guilty of a Class 2
misdemeanor.".
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 173 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Bob Ewing, Chair
Also MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 46 and 48 were
delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 22, 2017.
Also MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 109 and finds the same correctly enrolled.
Respectfully submitted,
Brock L. Greenfield, Chair
MESSAGES FROM THE HOUSE
MR. PRESIDENT:
I have the honor to transmit herewith HCR 1008 which has been adopted by the House and
your concurrence is respectfully requested.
Also MR. PRESIDENT:
I have the honor to return herewith SB 109 which has passed the House without change.
Also MR. PRESIDENT:
I have the honor to transmit herewith HB 1010, 1130, 1165, 1184, and 1191 which have
passed the House and your favorable consideration is respectfully requested.
Respectfully,
Arlene Kvislen, Chief Clerk
MOTIONS AND RESOLUTIONS
Yesterday, Sen. Nelson announced his intention to reconsider the vote by which SB 144
lost.
Sen. Nelson moved that the Senate do now reconsider the vote by which SB 144 lost.
The question being on Sen. Nelson's motion to reconsider the vote by which SB 144 lost.
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Yeas:
Curd; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Maher; Monroe;
Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio; Wiik; Youngberg
Nays:
Bolin; Cammack; Cronin; Ewing; Haverly; Kennedy; Kolbeck; Langer; Nesiba; Novstrup;
Partridge; Peters; Rusch; Solano; Tidemann; White
Excused:
Soholt
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 144 was up for reconsideration and final passage.
SB 144: FOR AN ACT ENTITLED, An Act to provide for the Servicemember Firearms
Protection Act.
Having had its second reading was up for reconsideration and final passage.
The question being “Shall SB 144 pass as amended?”
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Yeas:
Curd; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Maher; Monroe;
Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio; Wiik; Youngberg
Nays:
Bolin; Cammack; Cronin; Ewing; Haverly; Kennedy; Kolbeck; Langer; Nesiba; Novstrup;
Partridge; Peters; Rusch; Solano; Tidemann; White
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Yesterday, Sen. Russell announced his intention to reconsider the vote by which SB 163
lost.
No member moved to reconsider the vote by which SB 163 lost.
SCR 12 Introduced by: Senators Novstrup, Ewing, Frerichs, Heinert, Kennedy, Maher, and
Nesiba and Representatives Ahlers, Anderson, Bartling, Greenfield (Lana), Hunhoff, Lust,
Rasmussen, and Tieszen
A CONCURRENT RESOLUTION, Expressing support for the continuation of the Perkins
Loan Program and urging Congress to take immediate action to permanently reauthorize the
program, in its entirety and in its original form.
WHEREAS, the Perkins Loan Program is the nation's oldest federal student loan program,
created in 1958 as the National Defense Student Loan Program and later called the National
Direct Loan Program; and
WHEREAS, Perkins loans are efficient, need-based, low-interest loans that serve 3,137
high-need, low-income college students at thirteen colleges and universities in South Dakota
and 500,000 students at 1,500 colleges and universities in the United States each year; and
WHEREAS, Perkins loans have favorable terms for students; for example, interest is not
charged while students are in school, the interest rate is low and fixed, and borrowers may have
all or part of their Perkins loans cancelled if they undertake certain public service jobs for one
to five years; and
WHEREAS, participating schools share the risk of the Perkins Loan Program because they
provide a one-third match to federal capital contributions, and loans are made using funds repaid
by previous borrowers; and
WHEREAS, Perkins loans feature the human touch of campus-based servicing, which
allows on-campus administrators to provide Perkins borrowers with one-on-one service; and
WHEREAS, Perkins loans have made higher education possible for millions of Americans;
and
WHEREAS, the Perkins Loan Program fosters access to post-secondary education for
low-income students during a period of declining grant availability; and
WHEREAS, without Perkins loans, thousands of Americans will lose the chance at higher
education and a better life; and
WHEREAS, there is no replacement for Perkins loans:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature
of the State of South Dakota, the House of Representatives concurring therein, that the
Legislature strongly supports the continuation of the Perkins Loan Program and urges Congress
to reauthorize the program in its entirety and original form, in order to provide educational
opportunities to future generations of students who need low-cost financing to make their
dreams of higher education possible.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed SCR 12 on the calendar of Thursday, February 23rd, the 27th legislative day.
HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to develop a funding
formula for the United States Department of Health and Human Services and the Indian Health
Service that accurately reflects the true needs of various Indian Health Service regions.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed HCR 1008 on the calendar of Thursday, February 23rd, the 27th legislative day.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Curd moved that the reports of the Standing Committees on
Commerce and Energy on SB 104 as found on page 429 of the Senate Journal; also
Education on SB 134 as found on page 428 of the Senate Journal; also
Judiciary on SB 141 as found on page 431 of the Senate Journal; also
Judiciary on SB 94 as found on page 431 of the Senate Journal be adopted.
Which motion prevailed.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1010: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of the NSU Regional Science Education Center at Northern State
University and to make an appropriation therefor.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1, placed HB 1010 on the calendar of Thursday,
February 23rd, the 27th legislative day. .
HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions that provide
transparency and public comment for ballot measures and amendments to the Constitution.
Was read the first time and referred to the Committee on State Affairs.
HB 1165: FOR AN ACT ENTITLED, An Act to provide for annually updated financial
interest statements for any person elected to federal, statewide, or local office.
Was read the first time and referred to the Committee on Local Government.
HB 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in
postsecondary technical institutes from collective bargaining provisions.
Was read the first time and referred to the Committee on Education.
HB 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of
Child Support as a condition of eligibility for the SNAP program.
Was read the first time and referred to the Committee on Health and Human Services.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
resident fishing possession limits.
Was read the second time.
The question being “Shall HB 1095 pass as amended?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1077: FOR AN ACT ENTITLED, An Act to provide for the assignment of certain
benefits in dental care insurance coverage.
Was read the second time.
The question being “Shall HB 1077 pass as amended?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1056: FOR AN ACT ENTITLED, An Act to authorize law enforcement officers to
issue certain citations not signed under oath.
Was read the second time.
The question being “Shall HB 1056 pass?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
responsibility to remove snow from certain state highways.
Was read the second time.
Sen. Curd moved that SB 58 be laid on the table.
The question being on Sen. Curd's motion that SB 58 be laid on the table.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Kennedy;
Killer; Kolbeck; Langer; Maher; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch;
Russell; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Heinert; Klumb; Monroe; Nelson; Nesiba; Sutton
Excused:
Soholt
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
SB 171: FOR AN ACT ENTITLED, An Act to establish the Government Accountability
Task Force to study government, campaign finance, lobbyist restrictions, and ethics and to
declare an emergency.
Was read the second time.
The question being “Shall SB 171 pass as amended?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the bill passed and the title was agreed to.
SB 117: FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's
criminal justice system.
Was read the second time.
The question being “Shall SB 117 pass as amended?”
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Nesiba; Netherton; Novstrup; Partridge;
Rusch; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Monroe; Nelson; Otten (Ernie); Peters; Russell
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 167: FOR AN ACT ENTITLED, An Act to require the guardian or conservator of a
protected person to provide certain notices.
Was read the second time.
Sen. Rusch moved that SB 167 be amended as follows:
On the Senate Judiciary Committee engrossed bill, delete everything after the enacting
clause and insert:
"
Section 1. That § 29A-5-403 be amended to read:
29A-5-403. A guardian of a protected person shall file a report with the court within sixty
days following the first anniversary of the appointment and:
(1) At least annually thereafter;
(2) When the court orders additional reports to be filed;
(3) When the guardian resigns or is removed; and
(4) When the guardianship is terminated, unless the court determines that there is then
no need therefor.
A guardian may elect to file a periodic report on a calendar-year basis. However, in no event
may such a report cover a period of more than one year. A calendar-year report shall be filed
with the court no later than April fifteenth of the succeeding year.
A report shall briefly state:
(1) The current mental, physical, and social condition of the protected person;
(2) The living arrangements during the reporting period;
(3) The medical, educational, vocational, and other professional services provided to the
protected person and the guardian's opinion as to the adequacy of the protected
person's care;
(4) A summary of the guardian's visits with and activities on the protected person's
behalf;
(5) If the protected person is institutionalized, whether the guardian agrees with the
current treatment or habilitation plan;
(6) A recommendation as to the need for continued guardianship and any recommended
changes in the scope of the guardianship;
(7) Any other information requested by the court or useful in the opinion of the guardian;
and
(8) The compensation requested and the reasonable and necessary expenses incurred by
the guardian.
A guardian shall mail a copy of the report to the individuals and entities specified in § 29A-5-410 no later than fourteen days following its filing.
Any interested person may request a hearing on the report. The court may order the guardian
to attend the hearing on the report on the court's own motion or on the petition of any interested
person. A report of the guardian may be incorporated into and made a part of the accounting of
the conservator.
If, during the period intervening any annual report required under this section, there is a
material adverse change in the medical condition of the minor or protected person that requires
hospitalization or a change in residency that is more than a temporary change, unless otherwise
ordered by the court, the guardian shall file a report with the court describing any change in
medical condition or change in residency and provide reasonable and timely notice of any
change in medical condition or change in residency to the individuals or entities specified in §
29A-5-410. For purposes of this section, reasonable and timely notice means any appropriate
method of notice to be selected by the guardian that includes written notice no later than
fourteen days following the date on which the guardian learns of the material change. "
Which motion prevailed.
The question being “Shall SB 167 pass as amended?”
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten
(Ernie); Partridge; Rusch; Russell; Solano; Stalzer; Sutton; Tapio
Nays:
Bolin; Kolbeck; Peters; Tidemann; White; Youngberg
Excused:
Soholt; Wiik
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Rusch moved that the title to SB 167 be amended as follows:
On page 1, line 1, of the Senate Judiciary Committee engrossed bill, delete everything after
"Act to" and insert "revise certain provisions regarding certain notices to be provided by
guardians of protected persons.".
On page 1, delete line 2.
Which motion prevailed and the title was so amended.
SB 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based
or religious child-placement agencies.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. Solano's pending motion to amend SB 149 as found on
page 418 of the Senate Journal.
Sen. Solano's motion to Amend on SB 149 was withdrawn.
Sen. Solano moved that SB 149 be amended as follows:
On page 1, line 6, of the printed bill, delete "an" and insert "a private".
On page 2, line 7, delete "an adverse action" and insert "a child-placement agency".
On page 4, line 5, after "." insert "Due regard shall be afforded to the Indian Child Welfare
Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2017, if that Act is applicable.".
On page 4, line 19, after ";" insert "and".
On page 4, line 20, delete everything after (3) and insert "Any other relief authorized by
law.".
On page 4, delete lines 21 and 22.
On page 4, line 24, delete everything after "state" and insert "for the relief allowed pursuant
to this".
On page 5, line 1, after "Act" insert "otherwise".
On page 5, after line 22, insert:
" Section 14. That chapter 26-6 be amended by adding a NEW SECTION to read:
The provisions of this Act apply to any foster care or adoption placement for which a
child-placement agency has received funding for that particular placement comprised in part of
a federal subsidy only to the fullest extent allowed under federal law.".
Which motion prevailed.
The question being “Shall SB 149 pass as amended?”
And the roll being called:
Yeas 22, Nays 12, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher;
Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Solano;
Stalzer; Tapio; White; Wiik
Nays:
Curd; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Nesiba; Peters; Sutton; Tidemann;
Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 138: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding
asbestos bankruptcy trust claims.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. Stalzer's pending motion to amend SB 138 as found on
page 418 of the Senate Journal.
Which motion prevailed.
The question being “Shall SB 138 pass as amended?”
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton; Tapio; White; Wiik;
Youngberg
Nays:
Killer; Langer; Nesiba; Tidemann
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 92: FOR AN ACT ENTITLED, An Act to extend the date a school district is required
to bring reserve funds down to a certain percentage.
Was read the second time.
The question being “Shall SB 92 pass?”
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Bolin; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Klumb;
Kolbeck; Monroe; Nelson; Nesiba; Netherton; Novstrup; Russell; Stalzer; Sutton; Tapio;
Youngberg
Nays:
Cammack; Cronin; Curd; Haverly; Langer; Maher; Otten (Ernie); Partridge; Peters; Rusch;
Solano; Tidemann; White; Wiik
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 166: FOR AN ACT ENTITLED, An Act to provide certain provisions excluding
business-to-business lending from certain money lending limitations.
Was read the second time.
The question being “Shall SB 166 pass as amended?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 95: FOR AN ACT ENTITLED, An Act to add cannabidiol to the list of Schedule IV
controlled substances and to exclude it from the definition of marijuana.
Was read the second time.
Sen. Curd moved that SB 95 be amended as follows:
On page 4, line 17, of the Senate Judiciary Committee engrossed bill, delete everything
after "Cannabidiol" .
On page 4, line 18, delete everything before "." .
Which motion lost.
The question being “Shall SB 95 pass as amended?”
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer;
Klumb; Kolbeck; Langer; Maher; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters;
Rusch; Russell; Solano; Stalzer; Sutton; Tapio; Tidemann; Youngberg
Nays:
Bolin; Cammack; Ewing; Monroe; Partridge; White; Wiik
Excused:
Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 85: FOR AN ACT ENTITLED, An Act to provide for the exemption of certain students
from the requirement to take certain academic assessment tests.
Was read the second time.
Sen. Bolin moved that SB 85 be amended as follows:
On page 2, line 2, of the Senate Education Committee engrossed bill, before "required"
insert "within each grade level".
On page 2, line 10, before "in a" insert "within a grade level".
On page 2, line 11, before "may" insert "within that grade level".
On page 2, line 11, after "." insert "When calculating the number of allowable exemptions
within each grade level, the school district shall round down if five percent of the students
equals a fractional number.".
On page 2, delete lines 15 to 18, inclusive.
Sen. Jensen (Phil) moved that SB 85 be amended as follows:
On page 2, line 1, of the Senate Education Committee engrossed bill, delete "five" and
insert "ten".
On page 2, line 10, delete "five" and insert "ten".
Which motion lost.
The question being “Shall SB 85 pass as amended?”
And the roll being called:
Yeas 9, Nays 25, Excused 1, Absent 0
Yeas:
Bolin; Greenfield (Brock); Jensen (Phil); Maher; Monroe; Nelson; Netherton; Russell; Wiik
Nays:
Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck;
Langer; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Youngberg
Excused:
Soholt
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Curd moved that the balance of the calendar including HB 1091, 1045, and 1060 be
deferred to Thursday, February 23rd, the 27th legislative day.
Which motion prevailed.
SIGNING OF BILLS
The President publicly read the title to
SB 109: FOR AN ACT ENTITLED, An Act to provide certain criteria for meeting the
ownership requirements for classifying dwellings as owner-occupied property.
HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment of tuition for members of the South Dakota National Guard and to declare an
emergency.
HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
permits for the sale of certain trailers, motorcycles, and other vehicles.
HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.
HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain
township, municipal, and school district fiscal reports to be submitted to county auditors.
And signed the same in the presence of the Senate.
Sen. Partridge moved that the Senate do now adjourn, which motion prevailed and at
5:10 p.m. the Senate adjourned.
Kay Johnson, Secretary