21.379.13 96th Legislative Session 617

2021 South Dakota Legislature

Senate Bill 103

Introduced by: Senator Crabtree

An Act to provide for the confidentiality of personal information of persons affiliated with nonprofit corporations and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

47-24-18. Personal affiliation information--Definitions.

Terms used in §§ 47-24-18 to 47-24-22, inclusive, mean:

(1) "Personal affiliation information," any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit corporation; and

(2) "Public agency," any state or local governmental unit in this state, including any department, agency, office, commission, board, division, county, municipality, township, school district, court, or other judicial or quasi-judicial body.

Section 2. That a NEW SECTION be added:

47-24-19. Personal affiliation information--Right to privacy--Public agencies--Prohibitions--Penalty.

Any person who supports a nonprofit corporation has a right to personal privacy and confidentiality regarding the release of personal affiliation information by a public agency. A public agency may not:

(1) Require any person to provide the public agency with personal affiliation information or otherwise compel the release of personal affiliation information;

(2) Require any nonprofit corporation to provide the public agency with personal affiliation information or otherwise compel the release of personal affiliation information;

(3) Release, publicize, or otherwise publicly disclose personal affiliation information in the public agency's possession; or

(4) Request or require a current or prospective contractor or grantee with the public agency to provide the public agency with a list of nonprofit corporations to which it has provided financial or nonfinancial support.

A person who knowingly violates this section is guilty of a Class 1 misdemeanor.

Section 3. That a NEW SECTION be added:

47-24-20. Personal affiliation information--Nonpublic record.

Personal affiliation information is precluded from public disclosure in accordance with § 1-27-3.

Section 4. That a NEW SECTION be added:

47-24-21. Personal affiliation information--Exemptions.

The provisions of §§ 47-24-18 to 47-24-22, inclusive, do not apply to:

(1) Any report or disclosure required by the secretary of state for campaign finance purposes pursuant to chapter 12-27;

(2) Any filing required of a nonprofit corporation pursuant to chapters 47-22 to 47-28, inclusive;

(3) Any lawful warrant for personal affiliation information issued by a court of competent jurisdiction;

(4) A lawful request for discovery of personal affiliation information in litigation if the following conditions are met:

(a) The requestor demonstrates a compelling need for the personal affiliation information by clear and convincing evidence; and

(b) The requestor obtains a protective order barring disclosure of personal affiliation information to any person not named in the litigation;

(5) Admission of personal affiliation information as relevant evidence before a court of competent jurisdiction. However, no court filing may publicly reveal personal affiliation information absent a specific finding of good cause; or

(6) A review of personal affiliation information necessary for a sales or use tax audit of a nonprofit corporation by the Department of Revenue.

Section 5. That a NEW SECTION be added:

47-24-22. Personal affiliation information--Privacy violation--Penalties.

A person alleging a violation of § 47-24-19 may bring a civil action for appropriate injunctive relief, actual damages, or both.

In an action brought under this section, a court may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.