21.366.15 96th Legislative Session 400

2021 South Dakota Legislature

House Bill 1079


Introduced by: The Committee on Judiciary at the request of the Office of the Governor

An Act to limit certain actions that may be taken by the executive branch relative to nonprofit corporations or charitable trusts.

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

Section 1. That a NEW SECTION be added:

47-24-18. Definitions.

Terms as used in this Act mean:

(1) "Nonprofit corporation," as defined in § 47-22-1;

(2) "Charitable trust," as defined in section 4947(a)(1) of the United States Internal Revenue Code as amended and in effect on January 1, 2021.

Section 2. That a NEW SECTION be added:

47-24-19. Protection--Nonprofit corporations--Charitable trusts.

An executive branch agency, bureau, department, division, board, commission, officer, or official may not require any annual filing or reporting of a nonprofit corporation or charitable trust that is more stringent, restrictive, or expansive than that required by state or federal law.

Section 3. That a NEW SECTION be added:

47-24-20. Exceptions.

The provisions in § 47-24-19 do not apply to:

(1) Any information required to determine eligibility for or compliance with a state grant or contract; or

(2) Any information required for, or obtained in the course of, a state fraud investigation or an enforcement action by the state.

Any information obtained shall be confidential and its disclosure is restricted as provided by law.

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

Overstrikes indicate deleted language.