South Dakota 2025 Regular Session

South Dakota House Bill HB1264 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.710.10 100th Legislative Session 1264
	1	+	25.710.9 100th Legislative Session 1264
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1264
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to require the disclosure of an outstanding loan balance on a
12		-	campaign finance disclosure report.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 12-27-24 be AMENDED:
15		-	12-27-24. A campaign finance disclosure report must include the following:
16		-	(1) The political committee name, mailing address, telephone number, and, if
17		-	applicable, e-mail address;
18		-	(2) Name, mailing address, telephone number, and, if applicable, an e-mail address,
19		-	if any, of the political committee's treasurer;
20		-	(3) Whether the campaign report is a pre -primary, pre-general, year-end,
21		-	amendment, supplement, or termination report;
22		-	(4) For any ballot question committee, the ballot question name and whether the
23		-	committee supports or opposes the ballot question;
24		-	(5) The balance of cash and cash equivalents on hand at the beginning of the reporting
25		-	period;
26		-	(6) The total amount of all contributions received during the reporting period;
27		-	(7) The total amount of any donated good or service received during the reporting
28		-	period;
29		-	(8) The total of refunds, rebates, interest, or other income not previously identified
30		-	during the reporting period;
31		-	(9) The total of expenditures made during the reporting period;
32		-	(10) The cash balance on hand as of the close of the reporting period;
33		-	(11) All contributions of one hundred dollars or less must be aggregated and reported
34		-	as a lump sum or the contributions must be listed individually;
35		-	(12) The name, mailing address, city, and state of each person making a contribution
36		-	of more than one hundred dollars in the aggregate during any calendar year and 25.710.10 2 1264
37		-	HB1264 ENROLLED
38		-	the amount of the contribution. Any contribution from an entity after July 1, 2017,
39		-	or from a political committee must be itemized. Any contribution from a federal
40		-	political committee or a political committee organized outside this state must also
41		-	include the name and website address of the filing office where campaign finance
42		-	disclosure reports are regularly filed for the committee. If any information required
43		-	by the section is unknown to the political committee, the political committee may
44		-	not deposit the contribution;
45		-	(13) Any donated good or service contribution must contain the same information as
46		-	for any monetary contribution, and must also include a description of the donated
47		-	good or service contribution;
48		-	(14) Any monetary or donated good or service contribution made by a political
49		-	committee to any political committee or nonprofit charitable entity must be
50		-	itemized;
51		-	(15) A categorical description and amount of any refunds, rebates, interest, sale of
52		-	property, or other receipts not previously identified during the reporting period;
53		-	(16) A categorical description and amount of any funds or donations by any entity to its
54		-	political committee for establishing and administering the political committee and
55		-	for any solicitation costs of the political committee;
56		-	(17) Each loan received must be reported in the same manner as a contribution;
57		-	(18) The outstanding balance of each loan received;
58		-	(19) Each loan repayment must be reported in the same manner as an expenditure;
59		-	(20) Any expenditure made during the reporting period must be categorized as
60		-	disbursements and itemized by expense categories. A miscellaneous expense
61		-	category is prohibited. Any contribution made by the political committee that is not
62		-	in exchange for any item of value or service must be itemized;
63		-	(21) The amount of any independent communication expenditure from a political
64		-	committee made during the reporting period, listing the name of the candidate,
65		-	public office holder, or ballot question related to the independent communication
66		-	expenditure and a description of the independent communication expenditure;
67		-	(22) For a ballot question committee, the information contained in any statement
68		-	provided pursuant to § 12-27-19; and
69		-	(23) A certification that the contents of the statement are true and correct signed by
70		-	the treasurer of the political committee.
71		-	Section 2. That § 12-27-29 be AMENDED: 25.710.10 3 1264
72		-	HB1264 ENROLLED
73		-	12-27-29. The treasurer of a political committee shall maintain and preserve
74		-	detailed and accurate records of the following:
75		-	(1) Each contribution received by the political committee. Any contribution of one
76		-	hundred dollars or less must be noted on the political committee's books and a
77		-	running total of each contributor must be maintained;
78		-	(2) Each donated good or service contribution received by the political committee.
79		-	Upon request of the treasurer, any person making a donated good or service
80		-	contribution must provide all necessary information to the treasurer, including the
81		-	value of the contribution;
82		-	(3) In the case of a ballot question committee, the information required by § 12-27-
83		-	19 for any entity contribution;
84		-	(4) Each loan received or made by the political committee;
85		-	(5) The outstanding balance of each loan received by the political committee;
86		-	(6) Each refund, rebate, interest, or other income received by the political committee;
87		-	(7) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an
88		-	explanation of each, for each expenditure; and
89		-	(8) The name and address of any financial institution where an account or depository
90		-	for the political committee is maintained including the account number.
91		-	The treasurer shall maintain and preserve the records for a period of seven years
92		-	or three years past the date of filing the termination statement for the election for which
93		-	the contribution or expenditure was made, whichever is earlier. A violation of this section
94		-	is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1
95		-	misdemeanor. 25.710.10 4 1264
96		-	HB1264 ENROLLED
97		-	An Act to require the disclosure of an outstanding loan balance on a campaign finance
98		-	disclosure report.
99		-
100		-
101		-
102		-
103		-	I certify that the attached Act originated in
104		-	the:
105		-
106		-	House as Bill No. 1264
107		-
108		-
109		-
110		-	Chief Clerk
111		-
112		-
113		-
114		-
115		-	Speaker of the House
116		-
117		-	Attest:
118		-
119		-
120		-
121		-
122		-	Chief Clerk
123		-
124		-
125		-
126		-
127		-	President of the Senate
128		-
129		-	Attest:
130	6
131	7
132	8
133	9
134	10
135		-	Secretary of the Senate
136	11
	12	+	Introduced by: Representative Roby
137	13
138		-
139		-	House Bill No. 1264
140		-	File No. ____
141		-	Chapter No. ______
142		-
143		-
144		-
145		-	Received at this Executive Office
146		-	this _____ day of _____________,
147		-
148		-	2025 at ____________M.
149		-
150		-
151		-
152		-	By
153		-	for the Governor
154		-
155		-
156		-	The attached Act is hereby
157		-	approved this ________ day of
158		-	______________, A.D., 2025
159		-
160		-
161		-
162		-
163		-
164		-	Governor
165		-
166		-	STATE OF SOUTH DAKOTA ,
167		-	ss.
168		-	Office of the Secretary of State
169		-
170		-
171		-	Filed ____________, 2025
172		-	at _________ o'clock __M.
173		-
174		-
175		-
176		-
177		-
178		-	Secretary of State
179		-
180		-
181		-
182		-	By
183		-	Asst. Secretary of State
184		-
185		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to require the disclosure of an outstanding loan balance on a campaign 1
	17	+	finance disclosure report. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 12-27-24 be AMENDED: 4
	20	+	12-27-24. A campaign finance disclosure report shall must include the following 5
	21	+	information: 6
	22	+	(1) The political committee name, mailing address, telephone number, and, if 7
	23	+	applicable, e-mail address; 8
	24	+	(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, 9
	25	+	if any, of the political committee's treasurer; 10
	26	+	(3) The type of campaign report (pre-primary, pre-general, year-end, amendment, 11
	27	+	supplement, or termination)Whether the campaign report is a pre-primary, pre-12
	28	+	general, year-end, amendment, supplement, or termination report ; 13
	29	+	(4) For any ballot question committee, the ballot question name and whether the 14
	30	+	committee supports or opposes the ballot question; 15
	31	+	(5) The balance of cash and cash equivalents on hand at the beginning of the reporting 16
	32	+	period; 17
	33	+	(6) The total amount of all contributions received during the reporting period; 18
	34	+	(7) The total amount of any donated good or service received during the reporting 19
	35	+	period; 20
	36	+	(8) The total of refunds, rebates, interest, or other income not previously identified 21
	37	+	during the reporting period; 22
	38	+	(9) The total of expenditures made during the reporting period; 23
	39	+	(10) The cash balance on hand as of the close of the reporting period; 24
	40	+	(11) All contributions of one hundred dollars or less shall either must be aggregated and 25
	41	+	reported as a lump sum or the contributions shall must be listed individually; 26 25.710.9 2 1264
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	(12) The name, mailing address, city, and state of each person making a contribution 1
	45	+	of more than one hundred dollars in the aggregate during any calendar year and 2
	46	+	the amount of the contribution. Any contribution from an entity after July 1, 2017, 3
	47	+	or from a political committee shall must be itemized. Any contribution from a 4
	48	+	federal political committee or a political committee organized outside this state 5
	49	+	shall must also include the name and website address of the filing office where 6
	50	+	campaign finance disclosure reports are regularly filed for the committee. If any 7
	51	+	information required by the section is unknown to the political committee, the 8
	52	+	political committee may not deposit the contribution; 9
	53	+	(13) Any donated good or service contribution shall must contain the same information 10
	54	+	as for any monetary contribution, and shall must also include a description of the 11
	55	+	donated good or service contribution; 12
	56	+	(14) Any monetary or donated good or service contribution made by a political 13
	57	+	committee to any political committee or nonprofit charitable entity shall must be 14
	58	+	itemized; 15
	59	+	(15) A categorical description and amount of any refunds, rebates, interest, sale of 16
	60	+	property, or other receipts not previously identified during the reporting period; 17
	61	+	(16) A categorical description and amount of any funds or donations by any entity to its 18
	62	+	political committee for establishing and administering the political committee and 19
	63	+	for any solicitation costs of the political committee; 20
	64	+	(17) Each loan received shall must be reported in the same manner as a contribution; 21
	65	+	(18) The outstanding balance of each loan received; 22
	66	+	(19) Each loan repayment shall must be reported in the same manner as an 23
	67	+	expenditure; 24
	68	+	(19)(20) Any expenditure made during the reporting period shall must be categorized as 25
	69	+	disbursements and itemized by expense categories. A miscellaneous expense 26
	70	+	category is prohibited. Any contribution made by the political committee that is not 27
	71	+	in exchange for any item of value or service shall must be itemized; 28
	72	+	(20)(21) The amount of any independent communication expenditure from a political 29
	73	+	committee made during the reporting period, and lists listing the name of the 30
	74	+	candidate, public office holder, or ballot question related to the independent 31
	75	+	communication expenditure and a description of the independent communication 32
	76	+	expenditure; 33
	77	+	(21)(22) AFor a ballot question committee shall provide, the information contained in 34
	78	+	any statement provided pursuant to § 12-27-19; and 35 25.710.9 3 1264
	79	+	Underscores indicate new language.
	80	+	Overstrikes indicate deleted language.
	81	+	(22)(23) A certification that the contents of the statement are true and correct signed 1
	82	+	by the treasurer of the political committee. 2
	83	+	Section 2. That § 12-27-29 be AMENDED: 3
	84	+	12-27-29. The treasurer of a political committee shall maintain and preserve 4
	85	+	detailed and accurate records of the following: 5
	86	+	(1) Each contribution received by the political committee. Any contribution of one 6
	87	+	hundred dollars or less shall must be noted on the political committee's books and 7
	88	+	a running total of each contributor shall must be maintained; 8
	89	+	(2) Each donated good or service contribution received by the political committee. 9
	90	+	Upon request of the treasurer, any person making a donated good or service 10
	91	+	contribution shall must provide all necessary information to the treasurer, including 11
	92	+	the value of the contribution; 12
	93	+	(3) In the case of a ballot question committee, the information required by § 12-27-13
	94	+	19 for any entity contribution; 14
	95	+	(4) Each loan received or made by the political committee; 15
	96	+	(5) The outstanding balance of each loan received by the political committee; 16
	97	+	(6) Each refund, rebate, interest, or other income received by the political committee; 17
	98	+	(6)(7) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an 18
	99	+	explanation of each, for each expenditure; and 19
	100	+	(7)(8) The name and address of any financial institution where an account or depository 20
	101	+	for the political committee is maintained including the account number. 21
	102	+	The treasurer shall maintain and preserve the records for a period of seven years 22
	103	+	or three years past the date of filing the termination statement for the election for which 23
	104	+	the contribution or expenditure was made, whichever is earlier. A violation of this section 24
	105	+	is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 25
	106	+	misdemeanor. 26