State of South Dakota  

816T0504   SENATE STATE AFFAIRS ENGROSSED    NO.  HB 1196 -  2/22/2012  

Introduced by:    Representatives Rozum, Boomgarden, Brunner, Deelstra, Fargen, Haggar, Hawley, Kirkeby, Munsterman, Rausch, Solum, Street, and Turbiville and Senators Krebs, Haverly, Hundstad, Kraus, Maher, Peters, Rampelberg, Sutton, and Tieszen

        FOR AN ACT ENTITLED, An Act to revise certain provisions concerning lobbyists.
    Section 1. That § 2-12-4 be amended to read as follows:
    2-12-4. Each lobbyist or employer shall file with the secretary of state, within ten days after the date of registration, a written or electronic authorization to act as such, signed by his employer for a person to act as a lobbyist for an employer. The format for the authorization shall be prescribed by the secretary of state.
    Section 2. That § 2-12-11 be amended to read as follows:
    2-12-11. On or before July first of each year, each registered lobbyist and each employer of a registered lobbyist whose name appears in the directory in that year shall submit to the secretary of state a complete and detailed report of all costs incurred for the purpose of influencing legislation. The report shall be submitted in writing or electronically in a format prescribed by the secretary of state. However, the personal expenses of the lobbyist spent upon

the lobbyist's own meals, travel, lodging, phone calls or other necessary personal needs while in attendance at the legislative session need not be reported. The reports shall be personally sworn to by the person making the report in the presence of a notary public. The secretary of state shall prescribe concise and simple forms for reporting costs and expenses for lobbyists and the employers of lobbyists. The completed reports shall be open to public inspection. The terms, costs, and expenses, as used in this section do not mean the compensation paid by the employer to the lobbyist.

    Any lobbyist expense report filed pursuant to this section is exempt from the ten dollar filing fee prescribed in subdivision 1-8-10(2).
    If a person has been authorized to act as a lobbyist on behalf of an employer pursuant to § 2-12-4, but the lobbyist does not conduct any lobbying activities pursuant to § 2-12-1 nor acts in any manner as a lobbyist in connection with representing that employer, a report is not required to be filed under this chapter.
    The secretary of state may impose an administrative penalty for the failure to timely file the report required by this section. The secretary of state may impose a penalty on a registered lobbyist or employer of a registered lobbyist for each report not timely filed not to exceed a total of one hundred dollars per report not timely filed. Any administrative penalty collected pursuant to this section shall be deposited in the general fund.