Gift Made with Intent to Influence
Any person who offers to make bribes of money or other inducements, offers or gives gifts or other types of consideration to any person for the purpose of obtaining sponsorship or introduction of legislation, influencing the form of legislation, attempting to influence any member of the Legislature to vote, or for or against any candidate, attempting to influence any officer in naming of members and officers of committees, or in the performance of any of his duties, or attempting to influence or control the action of any member in relation to any matter coming before the Legislature, or any of its committees is guilty of a Class 1 misdemeanor.
S.D. Codified Laws § 2-12-9.
Extra Compensation for Official Duties
No current state statute or regulation falls under the category of “Extra Compensation for Official Duties.”
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
No public official and no member of the immediate family of a public official may accept from any lobbyist or principal any gifts with a cumulative value greater than $100 during any calendar year. Beginning on January 1, 2019, and again on January first of each year thereafter, the cumulative value applicable in this section shall be adjusted by the index factor as provided in § 2-12-19, and the adjusted cumulative value for the year shall be published on the secretary of state’s website. Any person who knowingly and intentionally violates any provision of this section is guilty of a Class 1 misdemeanor.
S.D. Codified Laws § 2-12-16.
Definitions and Exceptions
Gift Defined and Definition Exceptions
For purposes of §§ 2-12-15 to 2-12-19, inclusive, the term, gift, means anything of value, including any object, money, property, or service, that is given without compensation or remuneration. The term does not include:
- Anything of value for which the recipient paid an equal or greater value;
- Any contribution to a political committee that is regulated by the Federal Elections Commission or under chapter 12-27;
- Any service or event to assist a public official in the performance of official duties, including any cost to educate or inform the public official on matters of public policy; any advice, information, consultation, or communication regarding actual or proposed legislation; any service to constituents or to promote the economic development of the state;
- Any food, entertainment, or beverage provided for immediate consumption;
- Anything of value exchanged between immediate family members;
- The cost of admission to any state-owned facility or state-sponsored industry or event, if provided by the sponsoring state agency, political subdivision, or publicly funded institution;
- Anything of value received due to membership in a group, the majority of whose membership is not comprised of public officials, if the object or other thing of value is also given to other members of that group or to other members who also serve as officers or directors of that group; or
- Any scholarship, prize, or financial support awarded or supported by a principal for a program related to education, and widely available and generally awarded to qualifying members of the public, the majority of whom are not comprised of public officials or the immediate family of public officials.
S.D. Codified Laws § 2-12-18.