92
nd Legislative Session _ 2017
Committee: House State Affairs
Monday, March 06, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Beal
P DiSanto
P Haggar
P Hawley
P Heinemann
P Latterell
P Lust
P Mickelson
P Peterson (Kent)
P Rozum
P Qualm, Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rhoden, Chairman.
MOTION: TO APPROVE THE MINUTES OF MARCH 1, 2017
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by voice vote.
SB 151: provide certain provisions regarding investigations of misconduct by certain public
officials.
Presented by: Senator Curd
MOTION: AMEND SB 151
151ja
On page 1, line 14, of the Senate State Affairs Committee engrossed bill, after "relied" insert
"which are facts for which the affiant has direct first-hand evidence".
On page 3, line 7, after "relied" insert "which are facts for which the affiant has direct first-hand
evidence".
Moved by: Haggar
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: DO PASS SB 151 AS AMENDED
Moved by: Mickelson
Second by: Rozum
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
SB 171: establish the Government Accountability Task Force to study government, campaign
finance, lobbyist restrictions, and ethics and to declare an emergency.
Presented by: Representative Bartling
Opponents: Florence Thompson, Caputa, self
Kathy Rice, self, Black Hawk
MOTION: AMEND SB 171
171ja
On page 1, delete line 7 of the Senate State Affairs Committee engrossed bill, and insert "issues
of campaign finance and to".
On page 1, line 8, after "current" insert "related".
On page 2, delete line 4.
On page 2, line 5, delete "(6)" and insert "(5)".
On page 2, line 6, delete "(7)" and insert "(6)".
On page 2, line 8, delete "(8)" and insert "(7)" and delete "two" and insert "one".
Moved by: Mickelson
Second by: Haggar
Action: Prevailed by voice vote.
MOTION: DO PASS SB 171 AS AMENDED
Moved by: Mickelson
Second by: Bartling
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: AMEND TITLE OF SB 171
171jta
On page 1, line 2, of the Senate State Affairs Committee engrossed bill, after "study" delete
"government,".
On page 1, line 2, delete ", lobbyist restrictions, and ethics".
Moved by: Qualm
Second by: Haggar
Action: Prevailed by voice vote.
SB 54: revise certain provisions regarding campaign finance requirements.
Presented by: Shantel Krebs, Secretary of State
Opponents: Doug Kronaizl, Represent Us
MOTION: AMEND SB 54
54fs
On the Senate engrossed 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; or has been certified as a candidate by a political party; 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 that 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 its 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;
(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 organized or unorganized association, business corporation,
limited liability company, nonprofit corporation, limited liability partnership, limited
liability limited partnership, limited partnership, partnership, cooperative, trust except for
a trust account representing or containing only a contributor's personal funds, a business
trust, association, club, labor union, or collective bargaining organization; any local, state,
or national organization to which a labor organization pays membership or per capita fees,
based upon its affiliation or 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;
(19A) "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;
(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. A subsequent offense within a calendar year is a Class 1
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
misdemeanor. A subsequent offense within a calendar year is a 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. A candidate campaign committee may accept unlimited
contributions from any candidate campaign committee, political action 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 2 misdemeanor. A subsequent offense within a calendar year 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. A candidate campaign committee may accept unlimited
contributions from any candidate campaign committee, political action 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 2 misdemeanor. A subsequent offense within a calendar year 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, no political action committee
may accept any contribution that in the aggregate exceeds ten 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 2 misdemeanor.
A subsequent offense within a calendar year 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. A political
party may accept unlimited contributions from any candidate campaign committee, political action
committee, or political party. A violation of this section is a Class 2 misdemeanor. A subsequent
offense within a calendar year 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. 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 misdemeanor. A subsequent
offense within a calendar year is a 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 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
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 2 misdemeanor. A subsequent offense within a
calendar year 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; and
(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.".
A violation of this subdivision is a
Class 2 misdemeanor. A subsequent offense within a
calendar year 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 2 misdemeanor. Any subsequent offense within a calendar
year 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 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 entity may create a political
action committee. A violation of this section is a Class 2 misdemeanor. A subsequent offense within
a calendar year 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 committee, or political party. 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 2 misdemeanor. A subsequent offense within a
calendar year 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 2 misdemeanor. A subsequent offense
within a calendar year 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. 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 last Friday 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 last Friday 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 last Friday 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 2 misdemeanor. A subsequent offense within a calendar year
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: by the last Friday in January each year, for the reporting period
commencing with the last report submitted up through and including December thirty-first
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 2 misdemeanor. A subsequent offense within a calendar year
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. A miscellaneous expense
category is prohibited. 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;
(28)(22) The information contained in any statement provided pursuant to § 12-27-19; and
(29)(23) 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:
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.
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 2 misdemeanor. A subsequent offense within a calendar year is 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 twenty 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 2
misdemeanor. A subsequent offense within a calendar year 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 2 misdemeanor.
Any subsequent offense within a calendar year 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, 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 organization, 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. The order shall state the date
and facts of each violation addressed under the penalty assessed and the citations to the provisions
of each law alleged to be violated. The secretary of state shall serve the order and assessment by
certified mail. The order shall contain a statement that the violator may appeal the order within thirty
days after receipt of the order by filing a written request for a contested case hearing 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 The secretary of state shall serve the order and
assessment by certified mail. If not contested with the Office of Hearing Examiners. If no contested
case hearing is requested 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.
An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to
the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and
conducted pursuant to the provisions of chapter 1-26. The venue of the appeal shall be in Hughes
County.
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, 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 misdemeanor. A subsequent offense within a calendar year is a 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
, or in the county where the person resides
, or in the
county where the organization, political party, or political committee has its principal office.
Any
violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is
a Class 1 misdemeanor.
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 2 misdemeanor. A subsequent offense within a calendar year is 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."
Moved by: Mickelson
Second by: Qualm
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 54
54jb
On the Senate engrossed bill, delete everything after the enacting clause and insert:
"
Section 1. That section 3 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 3. That § 12-27-1 be amended to read:
12-27-1. Terms used in this chapter mean:
(1) "Ballot question," any referendum, initiative, proposed constitutional amendment, or other
measure submitted to voters at any election;
(2) "Ballot question committee," a person or organization that raises, collects, or disburses
contributions for the placement of a ballot question on the ballot or the adoption or defeat
of any ballot question. A ballot question committee is not a person, political committee,
or political party that makes a contribution to a ballot question committee. A ballot
question committee is not an organization that makes a contribution to a ballot question
committee from treasury funds;
(3) "Candidate campaign committee," any entity organized by a candidate to receive
contributions and make expenditures for the candidate. Only one candidate campaign
committee may be organized for each candidate;
(4) "Candidate," any person who seeks nomination for or election to public office. A person
is a candidate if the person raises, collects, or disburses contributions in excess of five
hundred dollars; has authorized the solicitation of contributions or the making of
expenditures; or has created a candidate campaign committee for the purpose of obtaining
public office; or has taken all actions required by state law to qualify for nomination for
or election to public office;
(5) "Clearly identified," the appearance of the name, nickname, a photograph or a drawing
of a candidate or public office holder, or the unambiguous reference to the identity of a
candidate or public office holder;
(6) "Contribution," any gift, advance, distribution, deposit, or payment of money or any other
valuable consideration, or any contract, promise or agreement to do so; any discount or
rebate not available to the general public; any forgiveness of indebtedness or payment of
indebtedness by another person; or any use of services or property without full payment
or that is provided by any person, political committee, or political party whose primary
business is to provide services or property, made for the purpose of influencing:
(a) The nomination, election, or re-election of any person to public office; or
(b) The placement of a ballot question on the ballot or the adoption or defeat of any
ballot question.
The term does not include services provided by a person as a volunteer for or on behalf
of any candidate, political committee, or political party, including the free or discounted
use of a person's residence. Nor does the term include the purchase of any item of value
or service from any political committee or political party or office. A contribution does
not include administration or solicitation of a contribution for a political action committee
established by an organization or its associated expenses, nor the use of an organization's
real or personal property located on its business premises for such purposes. A
contribution does not include nominal use of a candidate's real or personal property or
nominal use of resources available at a candidate's primary place of business;
(7) "County office," any elected office at a county in this state;
(8) "Election," any election for public office; any general, special, primary, or runoff election;
and any election on a ballot question;
(9) "Expenditure," includes: any purchase, payment, distribution, loan, advance, deposit, or
gift of money or anything of value, made by any person for the purpose of influencing any
election, office or ballot initiative, measure, or question; and the term includes a written
contract, promise, or agreement to make an expenditure. However, the term, expenditure,
does not include:
(a) A communication appearing in a news story, commentary, or editorial or letter to
the editor distributed through the facility of any broadcasting station, newspaper,
magazine, or other periodical publication, unless the facility is owned or controlled
by any political party, political committee, or candidate;
(b) Any communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership
organization solely to members of the organization and the members' families; or
(c) Any communication that refers to any candidate only as part of the popular name
of a bill or statute;
(10) "Expressly advocate," any communication that:
(a) In context has no other reasonable meaning than to encourage the election or defeat
of one or more clearly identified candidates, or public office holders, or the
placement of a ballot question on the ballot or the adoption or defeat of any ballot
question using explicit words of advocacy or defeat such as: vote, re-elect, support,
cast your ballot for, reject, and defeat; or
(b) If taken as a whole and with limited reference to external events, such as the
proximity to the election, may only be interpreted by a reasonable person as
containing advocacy of the election or defeat of one or more clearly identified
candidates or public office holders, or the placement of a ballot question on the
ballot or the adoption or defeat of any ballot question because:
(i) The electoral portion of the communication is unmistakable, unambiguous,
or suggestive of only one meaning; and
(ii) Reasonable minds could not differ as to whether it encourages actions to
elect or defeat one or more clearly identified candidates or public office
holders, or the placement of a ballot question on the ballot or the adoption
or defeat of any ballot question or encourages some other kind of action;
(10) "Immediate family," a spouse of a candidate or public office holder; a person under the
age of eighteen years who is claimed by that candidate or public office holder or that
candidate's or public office holder's spouse as a dependent for federal income tax
purposes; or any relative within the third degree of kinship of the candidate or the
candidate's spouse, and the spouses of such relatives;
(11) "Independent expenditure," an expenditure, including the payment of money or exchange
of other valuable consideration or promise, made by a person, organization, political
committee, or political party to expressly advocate the election or defeat of a clearly
identified candidate or the placement of a ballot question on the ballot or the adoption or
defeat of any ballot question, but which is not made to, controlled by, coordinated with,
requested by, or made upon consultation with a candidate, political committee, or agent
of a candidate or political committee. The term does not include administration or
solicitation or any contribution for a political action committee established by an
organization and associated expenses, nor the use of an organization's real or personal
property located on it business premises for such purposes. The term does not include any
communication by a person made in the regular course and scope of the person's business
or ministry or any communication made by a membership organization solely to any
member of the organization and the member's family for a communication by a person,
organization, political committee, or political party which is not a contribution and which:
(a) Refers to a clearly identified candidate for state or local elective office or the
placement of a ballot question on the ballot or the adoption or defeat of any ballot
question; and
(b) Is made without arrangement, cooperation, or consultation between any candidate
or any authorized committee or agent of a candidate and the person making the
expenditure or any authorized agent of that person, and is not made in concert with
or at the request or suggestion of any candidate or any authorized committee or
agent of the candidate; and
(c) Satisfies at least one of the following standards: Contains express advocacy, or its
functional equivalent, of the election or defeat of a clearly identified candidate for
office; or is disseminated, broadcast or otherwise published within sixty days of the
election sought by a candidate, mentions a candidate and targets the candidate's
relevant electorate.
The term, independent expenditure, does not include: a communication appearing in a
news story, commentary, or editorial or letter to the editor distributed through the facilities
of any broadcasting station, newspaper, magazine, or other periodical publication, unless
such facilities are owned or controlled by any political party, political committee, or
candidate; a communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership organization
solely to members of the organization and the members' families; or any communication
that refers to any candidate only as part of the popular name of a bill or statute;
(12) "In-kind contribution," the value of a good or service provided at no charge or for less
than fair market value. The term does not include the value of services provided by a
person as a volunteer for or on behalf of any candidate, political committee, or political
party, including the free or discounted use of the volunteer's residence or office;
(13) "Legislative office," the Senate and the House of Representatives of the South Dakota
Legislature;
(14) "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an
obligation, conditional or not, to repay in whole or part. The outstanding amount of a loan
not made in the ordinary course of business and at a usual and normal interest rate is a
contribution until repaid;
(15) "National political party," the organization which is responsible for the day-to-day
operation of a political party at the national level, as determined by the Federal Election
Commission;
(16) "Organization," any corporation, limited liability company, nonprofit corporation, limited
liability partnership, limited partnership, partnership, cooperative, trust except for a trust
account representing or containing only a contributor's personal funds, a business trust,
association, club, labor union, or collective bargaining organization; any local, state, or
national organization to which a labor organization pays membership or per capita fees,
based upon its affiliation or membership; any trade or professional association that
receives its funds from membership dues or service fees, whether organized inside or
outside the state; any other entity organized in a corporate form under federal law or the
laws of this state; or any group of persons acting in concert that is not defined as a
political committee or political party in this chapter;
(16)(17) "Person," a natural person;
(17)(18) "Political action committee," any person or organization that raises, collects or
disburses contributions to influence the outcome of an election and who is not a
candidate, candidate campaign committee, ballot question committee, or a political
party. A political action committee is not any:
(a) Person who makes a contribution to a political committee or political party from
that person's own funds; or
(b) Organization that makes a contribution to a ballot question committee from
treasury funds;
(18)(19) "Political committee," any candidate campaign committee, political action
committee, or ballot question committee;
(19)(20) "Political party," any state or county political party qualified to participate in a
primary or general election, including any auxiliary organization of such political
party. An auxiliary organization is any organization designated as an auxiliary
organization in a political party's bylaws or constitution except any auxiliary
organization that only accepts contributions to support volunteer activities of the
organization and does not make monetary or in-kind contributions or any
independent expenditures to any political committee;
(20)(21) "Public office," any statewide office, legislative office, or county office;
(21A) "Qualified contribution," a contribution made by a natural person resident of the state that
is not, in the aggregate, in excess of two hundred and fifty dollars to a candidate for
legislative office or in excess of five hundred dollars to a candidate for statewide office;
(22) "Recognized business entity," any:
(a) Domestic corporation, limited liability company, nonprofit corporation, limited
liability partnership, or cooperative duly registered with the secretary of state as of
the first day of January of the current calendar year, and which is currently in good
standing;
(b) Foreign corporation, limited liability company, nonprofit corporation, limited
liability partnership, or cooperative duly registered with the secretary of state as of
the first day of January of the current calendar year, and which is currently in good
standing; or
(c) Entity organized in a corporate form under federal law;
The term. recognized business entity, does not include a political committee or political
party or an organization which was established by or is controlled, in whole or in part, by
a candidate, political committee, or agent of a candidate or political committee;
(21)(23) "Statewide office," the office of Governor, lieutenant governor, secretary of state,
attorney general, state auditor, state treasurer, commissioner of school and public
lands, and public utilities commissioner;
(22)(23A) "Treasury funds," funds of an organization not raised or collected for the purpose
of influencing a ballot question;
(23)(24) "Volunteer," any person who provides
a person's own personal services free of
charge.
Section 2. That section 4 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 4. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person, no candidate for statewide office or the candidate's
campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars
during any calendar year. A candidate campaign committee may accept contributions from any
candidate campaign committee, political action committee, or political party. No candidate for
Governor, or the candidate's campaign committee, may accept contributions from a person or
political committee which in the aggregate from one source exceeds four thousand dollars during
any calendar year, or contributions from a political party which in the aggregate from one source
exceeds forty thousand dollars during any calendar year.
No candidate for attorney general or lieutenant governor, or the candidate's campaign committee,
may accept contributions from a person or political committee which in the aggregate from one
source exceeds two thousand dollars during any calendar year, or contributions from a political party
which in the aggregate from one source exceeds twenty thousand dollars during any calendar year.
No candidate for secretary of state, state auditor, state treasurer, commissioner of school and
public lands, or public utilities commissioner, or the candidate's campaign committee, may accept
contributions from a person or political committee which in the aggregate from one source exceeds
one thousand dollars during any calendar year, or contributions from a political party which in the
aggregate from one source exceeds ten thousand dollars during any calendar year.
No candidate for statewide office may accept a contribution from a ballot question committee.
The limitation on any contribution
from a person in this section does not apply to any
contribution by the candidate
or the candidate's immediate family to the candidate's campaign
committee. A violation of this section is a Class 1 misdemeanor.
Section 3. That section 5 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person, no No candidate for legislative or county office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. A candidate campaign committee may accept
contributions from any candidate campaign committee, political action committee, or political party
contributions from a person or political committee which in the aggregate from one source exceeds
seven hundred fifty dollars during any calendar year, or contributions from a political party which
in the aggregate from one source exceeds five thousand dollars during any calendar year.
No candidate for legislative or county office may accept a contribution from a ballot question
committee.
The limitation on any contribution
from a person in this section does not apply to any
contribution by the candidate
or the candidate's immediate family to the candidate's campaign
committee. A violation of this section is a Class 1 misdemeanor.
Section 4. That section 6 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 6. That § 12-27-9 be amended to read:
12-27-9.
If the contributor is a person or an organization, no No political action committee may
accept any contribution
from a person, organization, political committee or political party that in the
aggregate
from a single source exceeds
ten two thousand dollars during any calendar year. A political
action committee may
not accept contributions from
any candidate campaign committee, political
action committee, or political party a ballot question committee. A violation of this section is a Class
1 misdemeanor.
Section 5. That section 7 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 7. That § 12-27-10 be amended to read:
12-27-10. If the contributor is a person, noNo political party may accept any contribution from
a person or political committee that in the aggregate from a single source exceeds ten five thousand
dollars during any calendar year. A political party may not accept contributions from any candidate
campaign committee, political action committee, or political party a ballot question committee. A
violation of this section is a Class 1 misdemeanor.
Section 6. That section 8 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 7. That section 9 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 8. That section 10 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 9. That section 11 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 11. That § 12-27-11 be amended to read:
12-27-11. No person, organization, candidate, political committee, or political party may give
or accept a contribution unless the name and residence address of the contributor is made known to
the person receiving recipient of the contribution. Any contribution, money, or other thing of value
received by a candidate, political committee, or political party from an unknown source shall be
donated to a nonprofit charitable organization. No person, organization, candidate, political
committee, or political party may accept from a person a contribution of more than five hundred
dollars in the aggregate in a calendar year unless the occupation and current employer of that person
is disclosed to the recipient at the time the contribution is made. A violation of this section is a Class
2 misdemeanor.
Section 10. That chapter 12-27 be amended by adding a NEW SECTION to read:
Contributions received by a candidate campaign committee may not be used for any purpose
other than a purpose related to a candidate's campaign. Contributions received by a candidate
campaign committee that are not used for any purpose related to a candidate's campaign may be
donated to any other candidate, candidate campaign committee, or nonprofit charitable organization.
Section 11. That section 13 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 13. That § 12-27-13 be amended to read:
12-27-13. A contribution or receipt is considered to be converted to personal use if the
contribution or amount is used to fulfill any commitment, obligation, or expense of a person that
would exist irrespective of the candidate's election campaign, person's duties as a holder of elective
office, or political committee's political activities, including but not limited to a home mortgage, rent,
or utility payment; a clothing purchase; a noncampaign-related automobile expense; a country club
membership; a vacation or other noncampaign-related trip; a household food item; a tuition payment;
admission to a sporting event, concert, theater, or other form of entertainment not associated with
an election campaign; and dues, fees, and other payments to a health club or recreational facility.
Equipment, supplies, and materials purchased with contributions are property of the political
committee or political party, and are not property of the candidate or any other person.
Section 12. That section 14 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 14. That § 12-27-15 be amended to read:
12-27-15. Any printed material or communication made, purchased, paid for, or authorized by
a candidate, political committee, or political party that expressly advocates for or against a candidate,
public office holder, ballot question, or political party shall prominently display or clearly speak the
following statement: "Paid for by (name of candidate, political committee, or political party)." If the
communication is made, purchased, paid for, or authorized by a political committee or political
party, the communication shall also state whether or not the communication was authorized by or
coordinated with any candidate and the name of any candidate who authorized the communication
or with whom the communication was coordinated. This section does not apply to buttons, balloons,
pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement
would be impracticable. A violation of this section is a Class 1 misdemeanor.
Section 13. That section 15 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 15. That § 12-27-16 be amended to read:
12-27-16. The following apply to independent expenditures by persons and organizations related
to communications advocating for or against candidates, public office holders, ballot questions, or
political parties:
(1) Any person or organization making a payment or promise of payment totaling one
hundred dollars or more, including an in-kind contribution, for a communication that
expressly advocates for or against a candidate, public office holder, ballot question, or
political party an independent expenditure shall append to or include in each
communication a disclaimer that clearly and forthrightly conspicuously:
(a) Identifies the name and address or website of the person or organization making
the independent expenditure for that communication;
(b) States the address or website address of the person or organization;
(c) States that the communication is independently funded and an independent
expenditure and not made in consultation or coordination with any candidate,
political party, or political committee or any authorized committee or agent of the
candidate; and
(d)(c) If an independent expenditure is undertaken by an organization not including a
candidate, public office holder, political party, or political committee, the following
notation the communication must be included also include a clear and conspicuous
statement entitled: "Top Five Contributors," including followed by a listing of the
names of the five persons making the largest contributions in aggregate to the
organization during the twelve months preceding that communication.
A violation of this subdivision is a Class 1 misdemeanor;
(2) Any person or organization making a payment or promise of payment of an independent
expenditure aggregating one hundred dollars or more in any calendar year, including an
in-kind contribution, for a communication described in subdivision (1) shall file by
electronic transmission a statement with the secretary of state within forty-eight hours of
the time that the communication is disseminated, broadcast, or otherwise published
payment or promise of payment is made and each time any additional payment or promise
of payment aggregating one-hundred dollars or more is made. The statement for each
person or organization shall include:
(a) The name, street address, city, and state of the person or organization and any
expenditures made for the independent expenditure during that calendar year, but
not yet reported on a prior statement;
(b) The elections to which the independent expenditures pertain and name of
candidate, ballot question, or political party identified in each independent
expenditure;
(c) The amount spent on each independent expenditure, as well as the name, street
address, city, and state of the person or organization paid;
(d) Whether the independent expenditure was for or against the candidate, ballot
question, or political party; and
(e) For an organization, the full name, residence address including city and state,
occupation, name of employer, and aggregate amount of the payment of each
person whose funds were used for the independent expenditure. The identity of the
person or persons whose funds were used for the independent expenditures shall
be determined in the following manner. Any person or persons who made
payments in the aggregate in excess of $100 during that calendar year pursuant to
an agreement or understanding that person's funds would be used for an
independent expenditure shall be identified. A person's payment can only be
credited to all independent expenditures up to the amount given in the calendar
year. If the funds identified pursuant to this subdivision are insufficient to cover the
cost of the independent expenditure, the organization shall report its donors
utilizing a "last in, first out" accounting method, reporting donors in reverse
chronological order beginning with the most recent of its donors or, if there are any
prior payments or expenditures, beginning with the most recent donor for which
unattributed payments remain, until the full amount expended for the independent
expenditure is accounted for;
(3) The statements required by this section shall include the name, street address, city, and
state of the person or organization and, any expenditures made for communications
described in subdivision (1) during that calendar year but not yet reported on a prior
statement, the name of each candidate, public office holder, ballot question, or political
party mentioned or identified in each communication, the amount spent on each
communication, and a description of the content of each communication. For an
organization, the statement shall also include the name and title of the person filing the
report, the name of its chief executive, if any, and the name of the person who authorized
the expenditures on behalf of the organization;
(4) For an organization whose majority ownership is owned by, controlled by, held for the
benefit of, or comprised of twenty or fewer persons, partners, owners, trustees,
beneficiaries, participants, members, or shareholders, the statement shall identify by name
and address each person, partner, owner, trustee, beneficiary, participant, shareholder, or
member who owns, controls, or comprises ten percent or more of the organization; and
(5) For an organization, supplemental statements, as defined in subdivision(3), for any of its
partners, owners, trustees, beneficiaries, participants, members, or shareholders identified
pursuant to subdivision(4) that are owned by, controlled by, held for the benefit of, or
comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries,
participants, members, or shareholders, until no organization identified in the
supplemental statements meets the ownership test set forth in subdivision(4); and
(6) For purposes of this section, the term, communication, does not include:
(a) Any news article, editorial endorsement, opinion or commentary writing, or letter
to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical
not owned or controlled by a candidate, political committee, or political party;
(b) Any editorial endorsement or opinion aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(c) Any communication by a person made in the regular course and scope of the
person's business or ministry or any communication made by a membership
organization solely to members of the organization and the members' families; and
(d) Any communication that refers to any candidate only as part of the popular name
of a bill or statute.
Section 14. That section 16 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 15. That section 17 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 16. That section 20 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 20. That § 12-27-22 be amended to read:
12-27-22. A campaign finance disclosure statement shall be submitted to the secretary of state
by the treasurer of each every:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Statewide, county, local, or auxiliary committee of any political party;
(4) Statewide ballot question committee;
(5) Any candidate or candidate committee for any statewide or legislative office whose name
appears on the primary ballot, but does not appear on the general election ballot, shall
submit a campaign finance disclosure statement, or termination report, that shall be
received by the secretary of state by 5:00 p.m. on the second Friday of August following
the primary election; and
(6) Statewide ballot question committee that does not meet the signature requirements for
placement of the ballot issue on the general election ballot, shall submit a termination
report to the secretary of state by 5:00 p.m. central time on the first Monday in February
following the year the statement of organization was submitted to the secretary of state.
The statement shall be signed and
submitted filed by the treasurer of the political committee or
political party. The statement shall be received by the secretary of state and
submitted filed by 5:00
p.m.
central time on the first Monday of each February
first and shall cover the contributions and
expenditures for the preceding calendar year.
The statement shall also be received by the secretary
of state and filed by 5:00 p.m. on the fifth Tuesday before each primary and general election
complete through the fiftieth day prior to that election. The statement shall also be received by the
secretary of state and
submitted filed by 5:00 p.m.
central time on the second Friday prior to each
primary and general election complete through the fifteenth day prior to that election.
Each statewide
ballot question committee shall submit a termination report by 5:00 p.m. central time no later than
the first Monday in February following the year the ballot question was on the ballot. The statement
shall also be received by the secretary of state and filed by 5:00 p.m. on the fourth Friday after each
primary and general election complete through the second Friday after that election. If a candidate
is seeking nomination at the biennial state convention, the candidate or the candidate campaign
committee shall file a campaign finance disclosure statement with the secretary of state by 5:00 p.m.
on the second Friday prior to any biennial state convention. Any statement submitted filed pursuant
to this section shall be consecutive and shall cover contributions and expenditures since the last
statement submitted filed.
The following are not required to file a campaign finance disclosure statement:
(1) A candidate campaign committee for county office on February first following a year in
which there is not an election for the office;
(2) A political committee that regularly files a campaign finance disclosure statement with
the Federal Election Commission or a report of contributions and expenditures with the
Internal Revenue Service;
(3) A statewide candidate whose is publicly seeking a nomination by that candidate's party
convention prior to a primary election; and
(4) An independent statewide candidate prior to a primary election.
A violation of this section is a Class 1 misdemeanor.
Section 17. That section 21 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 21. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure statement shall include the following information,
regardless of whether it has previously been included in a timely contribution disclosure statement
pursuant to § 12-27-24.1:
(1) The political committee or political party name, street address, postal address, city, state,
zip code, daytime and evening telephone number, and e-mail address;
(2) The type of campaign statement (fifth Tuesday pre-primary, second Friday pre-primary,
fourth Friday post-primary, fifth Tuesday pre-general, second Friday pre-general, fourth
Friday post-general, post-primary nonwinner, mid-year, year-end, amendment,
supplement, or termination);
(3) For any If a ballot question committee, the ballot question number and whether the
committee advocates is for or against the ballot question;
(4) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(5) The total amount of all contributions received during the reporting period;
(6) The total amount of all in-kind contributions received during the reporting period;
(7) The total of refunds, rebates, interest, or other income not previously identified during the
reporting period;
(8) The total of contributions, loans, or any other receipts during the reporting period;
(9) The total value of loans made to any person, political committee, or political party during
the reporting period;
(10) The total of expenditures made during the reporting period;
(11) The total amount of any expenditure incurred but not yet paid, detailed in a list. Any An
expenditure incurred but not yet paid shall be reported on each report filed after the date
of receipt of goods or services until payment is made to the vendor. A payment shall be
listed as an expenditure when the payment is made;
(12) The cash balance on hand as of the close of the reporting period;
(13) The total amount of contributions of one two hundred dollars or less in the aggregate from
one source received during the reporting period calendar year;
(14) The name, residence address, city, and state of each person making a contribution of more
than one two hundred dollars in the aggregate during the reporting period calendar year
and the amount of the contribution, as well as the occupation and name of employer of
each person contributing a contribution of more than five hundred dollars in the aggregate
during the calendar year. Any contribution from any political committee or political party
shall be itemized. Any contribution from a federal political committee or political
committee organized outside the state shall also include the name and website address of
the filing office where campaign finance disclosure statements are regularly filed for the
committee. If any information required by the section is unknown to the political
committee or political party, the political committee or political party may not deposit the
contribution;
(15) Any in-kind contribution shall contain the same information as for monetary
contributions, and shall also include a description of the in-kind contribution;
(16) Upon the request of the treasurer, any person making an in-kind contribution shall provide
all necessary information to the treasurer, including the value of the in-kind contribution;
(17) Any monetary or in-kind contribution made by a political committee or political party to
any political committee, political party, or nonprofit charitable organization shall be
itemized;
(18) A categorical description and amount of any refunds, rebates, interest, sale of property,
or other receipts not previously identified during the reporting period;
(19) A categorical description and amount of any funds or donations by any organization to its
political committee for establishing and administering the political committee and for any
solicitation costs of the political committee;
(20) The total balance of any loans owed by the political committee or political party;
(21) The balance of any loans owed by the political committee or political party, itemized by
lender's name, street address, city, and state, including the terms, interest rate, and
repayment schedule of each loan;
(22) The total balance of loans owed to the political committee or political party;
(23) The amount of any loan made during the reporting period; the name, street address, city,
and state of the recipient of the loan;
(24) The balance of any loan owed to the political committee or political party, itemized by
name, street address, city, and state;
(25) Any expenditure made during the reporting period shall be categorized as disbursements
to consultants, advertising agencies, credit card companies, or similar firms, itemized by
expense categories. Any contribution made by the political committee or political party
that is not in exchange for any item of value or service shall be itemized;
(26) Any expenditure incurred but not yet paid during the reporting period and to whom the
expenditure is owed;
(27) The amount of any independent expenditure made during the reporting period, the name
of the candidate, public office holder, or ballot question related to the independent
expenditure and a description of the independent expenditure;
(28) The information contained in any statement provided pursuant to § 12-27-19; and
(29)
A The statement shall include a certification that the contents of the statement are true
and correct signed by the treasurer of the political committee or political party.
Section 18. That section 22 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 19. That section 27 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 27. That § 12-27-41 be amended to read:
12-27-41. Any Each statement required to be filed under this chapter may be filed by electronic
transmission shall be filed in accordance with the methods approved by the secretary of state
pursuant to the requirements of § 12-27-4.1. The treasurer of a candidate campaign committee for
any statewide or legislative office, political action committee, political party, or ballot question
committee is required to file by electronic transmission with the secretary of state the campaign
finance disclosure statements required pursuant to § 12-27-22, if the political committee or political
party has received contributions in the aggregate of one thousand dollars or more during the period
covered by the statement. If a political committee or political party is required by this chapter to file
a statement by electronic transmission, the secretary of state may not accept nor consider filed any
statement that uses handwriting as input, aside from a signature. Any statement or disclosure not
required to be filed by electronic transmission may be filed by electronic transmission in accordance
with the methods approved by the secretary of state. To be timely filed, any statement received by
electronic transmission shall be legible and readable when received by the means it was delivered.
Section 20. That section 28 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 21. That section 29 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be repealed.
Section 22. That chapter 12-27 be amended by adding a NEW SECTION to read:
Contributions received by a candidate campaign committee may not be used for any purpose
other than a purpose related to a candidate's campaign. Contributions received by a candidate
campaign committee that are not used for any purpose related to a candidate's campaign may be
donated to any other candidate, candidate campaign committee, or nonprofit charitable organization."
Moved by: Bartling
Second by: Hawley
Action: Failed by voice vote.
MOTION: AMEND SB 54
54fs
On the Senate engrossed 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;
or has been certified as a candidate by a political party; 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 that 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 its 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;
(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
organized or unorganized association, business corporation,
limited liability company, nonprofit corporation, limited liability partnership,
limited
liability limited partnership, limited partnership, partnership, cooperative, trust except for
a trust account representing or containing only a contributor's personal funds, a business
trust, association, club, labor union, or collective bargaining organization; any local, state,
or national organization to which a labor organization pays membership or per capita fees,
based upon its affiliation
or 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;
(19A) "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;
(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. A subsequent offense within a calendar year is a Class 1
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
misdemeanor. A subsequent offense within a calendar year is a 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. A candidate campaign committee may accept unlimited
contributions from any candidate campaign committee, political action 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 2 misdemeanor. A subsequent offense within a calendar year 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. A candidate campaign committee may accept unlimited
contributions from any candidate campaign committee, political action 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 2 misdemeanor. A subsequent offense within a calendar year 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, no political action committee
may accept any contribution that in the aggregate exceeds ten 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 2 misdemeanor.
A subsequent offense within a calendar year 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. A political
party may accept unlimited contributions from any candidate campaign committee, political action
committee, or political party. A violation of this section is a Class 2 misdemeanor. A subsequent
offense within a calendar year 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. 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 misdemeanor. A subsequent
offense within a calendar year is a 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 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
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 2 misdemeanor. A subsequent offense within a
calendar year 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; and
(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.".
A violation of this subdivision is a Class 2 misdemeanor. A subsequent offense within a
calendar year 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 2 misdemeanor. Any subsequent offense within a calendar
year 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 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 entity may create a political
action committee. A violation of this section is a Class 2 misdemeanor. A subsequent offense within
a calendar year 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 committee, or political party. 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 2 misdemeanor. A subsequent offense within a
calendar year 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 2 misdemeanor. A subsequent offense
within a calendar year 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. 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 last Friday 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 last Friday 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 last Friday 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 2 misdemeanor. A subsequent offense within a calendar year
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: by the last Friday in January each year, for the reporting period
commencing with the last report submitted up through and including December thirty-first
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 2 misdemeanor. A subsequent offense within a calendar year
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. A miscellaneous expense
category is prohibited. 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;
(28)(22) The information contained in any statement provided pursuant to § 12-27-19; and
(29)(23) 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:
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.
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 2 misdemeanor. A subsequent offense within a calendar year is 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 twenty 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 2
misdemeanor. A subsequent offense within a calendar year 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 2 misdemeanor.
Any subsequent offense within a calendar year 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, 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 organization, 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. The order shall state the date
and facts of each violation addressed under the penalty assessed and the citations to the provisions
of each law alleged to be violated. The secretary of state shall serve the order and assessment by
certified mail. The order shall contain a statement that the violator may appeal the order within thirty
days after receipt of the order by filing a written request for a contested case hearing 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 The secretary of state shall serve the order and
assessment by certified mail. If not contested with the Office of Hearing Examiners. If no contested
case hearing is requested 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.
An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to
the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and
conducted pursuant to the provisions of chapter 1-26. The venue of the appeal shall be in Hughes
County.
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, 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 misdemeanor. A subsequent offense within a calendar year is a 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, or in the county where the person resides, or in the
county where the organization, political party, or political committee has its principal office. Any
violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is
a Class 1 misdemeanor.
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 2 misdemeanor. A subsequent offense within a calendar year is 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."
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: DO PASS SB 54 AS AMENDED
Moved by: Lust
Second by: Qualm
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Latterell, Mickelson, Peterson (Kent), Rozum,
Qualm, Rhoden
Voting No: Bartling, Hawley, Lust
SB 176: authorize the creation of public safety zones, to authorize certain actions to be
implemented by the Governor and to provide certain penalties.
Presented by: Matt Konenkamp, Governor's Office
Proponents: Richard Tieszen, South Dakota Sheriffs Association
Roger Tellinghuisen, South Dakota Association of County Commissioners
Steve Emery, Department of Tribal Relations
Dana Svendsen, Department of Public Safety
Brian Zeeb, Office of the Attorney General
Ryan Brunner, School and Public Lands
Opponents: Senator Jensen (Phil) (Handout(s): #1)
John Harter, Winner, self
Tina Mulally, South Dakota Citizens For Liberty
Harold C. Frazier, Eagle Butte, self
Florence Thompson, Caputa, self
Libby (Elizabeth) Skarin, ACLU
Bryce In The Woods, Cheyenne River Sioux Tribe, self
Eric Antoine, Rosebud Sioux Tribe, self
Kathy Rice, self, Black Hawk
Rebecca Terk, Dakota Rural Action
MOTION: AMEND SB 176
176ff
On page 1 of the Senate engrossed bill, delete lines 4 to 15, inclusive.
Delete pages 2 and 3, inclusive
On page 4, delete lines 1 to 18, inclusive.
On page 4, line 20, after "Governor" insert "and the sheriff of the county where the public land
is situated".
On page 5, line 5, delete "with violation of a public safety zone established under chapter 34-48A" and insert "in a county that is experiencing a significant increase in criminal cases such that
the resources in that area cannot satisfy the needs of criminal defense".
On page 6, delete line 3, and insert:
" Section 11. That chapter 22-35 be amended by adding a NEW SECTION to read:
If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that
chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of
this section is a Class 1 misdemeanor.
Section 12. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
Moved by: Mickelson
Second by: Rozum
Action: Prevailed by voice vote.
MOTION: DO PASS SB 176 AS AMENDED
Moved by: Mickelson
Second by: Haggar
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent),
Rozum, Qualm, Rhoden
Voting No: Bartling, Hawley
MOTION: AMEND TITLE OF SB 176
176ftb
On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert
"preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare
an emergency.".
On page 1, delete line 2.
Moved by: Qualm
Second by: Heinemann
Action: Prevailed by voice vote.
SB 106: enhance South Dakota.
Presented by: Representative Anderson
Opponents: Bill VanCamp, South Dakota Retailers Association (Handout(s): #2)
MOTION: AMEND SB 106
106fb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-45-27.2 be amended to read:
10-45-27.2. Any person required to file a return and remit the tax imposed by chapter 10-45, who
holds a license issued pursuant to chapter 10-45, who timely files the return due, and who timely
remits the tax due, is allowed, as compensation for the expense of collecting and paying the tax, a
credit equal to one and one-half four-tenths percent of the gross amount of the tax due. However, the
credit may not exceed seventy sixty-five dollars per return period.
If a person is required to file a return and to remit tax more than once within a thirty day period,
the collection allowance credit may not exceed
seventy sixty-five dollars for all returns filed and all
remittances made within the thirty day period.
The collection allowance credit authorized by this section only applies to taxes reported on the
sales and use tax return, including the taxes imposed by chapters 10-45, 10-45D, 10-46, 10-46E, 10-52, 10-52A, 10-58, and 10-33A, and §§ 32-5B-20 and 10-62-2.
The collection allowance credit authorized by this section shall be granted for any return to be
filed and for any tax to be remitted after January 1, 2014.
The collection allowance credit authorized by this section shall only be granted to a person who
timely files the return due by electronic means and who timely remits the tax due by electronic
means.
For any tax collected by the department on behalf of another entity, upon which the collection
allowance credit is calculated, the entities shall negotiate in good faith to share in the payment of the
collection allowance credit. The department may implement such allocation of collection allowance
credit directly or through the adjustment of any administrative fee charged pursuant to § 10-59-52.
No person that has selected a certified service provider as its agent as set forth in § 10-45C-1 is
entitled to the collection allowance credit authorized by this section if the certified service provider
receives a monetary allowance as provided by the Streamlined Sales and Use Tax Agreement
authorized by chapter 10-45C for performing the retailer's sales and use tax functions in this state.
No collection allowance credit authorized by this section may be granted to any person who has
outstanding tax returns due to the department or who has outstanding tax remittances due to the
department.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any additional revenue available to the state general fund as a result of this Act shall be used to
either balance the state's fiscal year 2018 budget or fund the building South Dakota program."
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: DO PASS SB 106 AS AMENDED
Moved by: Mickelson
Second by: Haggar
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Lust, Mickelson, Peterson (Kent), Rozum,
Qualm, Rhoden
Voting No: Bartling, Hawley, Latterell
MOTION: AMEND TITLE OF SB 106
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On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "assist in
balancing the state's budget and fund rural housing.".
Moved by: Mickelson
Second by: Haggar
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Larry Rhoden, Chair
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