In Your State - South Dakota

WASHINGTON, December 13, 2001 — The Center interviewed ethics agency officials, scoured ethics agency Web sites and combed through pages of state statutes to conduct this survey of state ethics agencies. Below is a snapshot of answers for this state. See how this state ethics agency compares on staff and budget, oversight and enforcement power, among other topics surveyed. Find out what other type of ethics oversight this state has. Go to the methodology for an explanation of how the survey was conducted and what exact questions were asked.

Oversight Summary
Oversight Survey

South Dakota is among four states — including Michigan, North Dakota and Vermont — in which there are no formal ethics laws dealing with ethical conduct of legislator beyond personal financial disclosure and/or campaign finance disclosure requirements.

More Info

What, if any, ethics agency exists in the state?
None. There was a statute calling for a state ethics commission, but it was repealed.
http://legis.state.sd.us/statutes/index.cfm?FuseAction=DisplayStatute&txtStatute=12-25A&FindType=Statute

If the above agency does not oversee legislators, is legislative oversight defined in statute?
No.

Are there state statutes that address ethical conduct for legislators?
No. South Dakota has no statute regarding ethics and disclosure beyond sections pertaining candidates' campaign finance and outside interest disclosure, which are both governed by the South Dakota Secretary of State.
http://www.state.sd.us/sos/sos.htm

South Dakota Constitution Article III, Section 12, "Legislators ineligible for other office," is the only provision dealing with conflicts of interest.
http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=0N-3-12

When were the ethics statutes enacted?
N/A

Where do legislators file outside interest disclosures?
South Dakota Secretary of State. See Info Resources.

Where do legislators file campaign finance disclosures?
South Dakota Secretary of State
http://www.state.sd.us/sos/sos.htm#Campaign%20Finance%20Report%20Summaries

Where are lobbying disclosures filed?
South Dakota Secretary of State Lobbyist Coordinator
http://www.state.sd.us/sos/LOBBYIST.HTM

Note: Some information provided by the Council on Governmental Ethics Laws' "Ethics Update" 2000. For more information or to purchase the reference, visit www.cogel.org.