State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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
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.