2016 South Dakota Codified Laws
Title 12 - ELECTIONS
Chapter 28 - Government Accountability and Anti-Corruption
§ 12-28-12 Promulgation of rules.

SD Codified L § 12-28-12 (2016) What's This?

12-28-12. Promulgation of rules. The ethics commission may adopt rules as may be necessary to implement the provisions of this chapter. The rules may be adopted to regulate:

(1) The procedure by which the commission reviews all statements and records required to be filed under campaign finance and lobbying law;

(2) The manner in which the commission fulfills its investigatory and enforcement duties;

(3) The manner in which commission advisory opinions may be requested and are issued;

(4) Gifts by lobbyists and employers of lobbyists to public officials and related persons;

(5) The physical form, printed content, distribution, and issuance of democracy credits;

(6) The assignment of democracy credits, including the development of an online electronic system for such assignment and the role of potential vendors related to such development;

(7) The submission, verification, and redemption of assigned democracy credits;

(8) The expiration of democracy credits;

(9) The qualification and certification of candidates, committees, registered representatives, treasurers, and other persons involved or participating in the Program;

(10) The conditions that must be met for continued participation in the Program, including reporting requirements;

(11) The use of democracy credits in special elections; and

(12) Any other matters inherent to the effective implementation, operation, or administration of the Program.

The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance this chapter.

Only if necessary to address an unforeseen problem or a change in circumstances that arises in the ethics commission's implementation or operation of the Program, the commission may adopt rules that replace or modify the requirements established in §§ 12-28-15 to 12-28-34, inclusive, to further the purposes of the Program. The commission shall issue public written findings regarding the need for any such rule that it adopts.

Source: Initiated Measure 22, § 40, eff. Nov. 16, 2016.

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