By An effort to revive a bill that would open the calendars and appointment logs of statewide officeholders to the public failed Monday, Jan 27 in the South Dakota Senate with a 16-18 vote.
Sen. Michael Rohl, R-Aberdeen, used a procedural maneuver to force the State Affairs Committee to send Senate Bill 9 to the Senate after the committee rejected the bill last week. But he did not garner enough support Monday to have the bill considered on the Senate floor.
Some state officials raised concerns with the bill in last week’s committee hearing, including increased administrative burdens and the bill’s potential to compromise the safety of elected officials.
State Sen. Michael Rohl, R-Aberdeen, testifies before the South Dakota Senate State Affairs Committee on Jan. 22. South Dakota Searchlight photo by Makenzie Huber.
Rohl’s options now include refiling the bill or “letting it go,” he told South Dakota Searchlight after the vote.
While he was disappointed a majority of senators “feel government transparency isn’t worth debate,” he’s grateful for other senators who supported his motion.
“I might make it even more narrow in scope, which would be pretty hard,” Rohl said. “This was pretty much the first baby step you could take toward public transparency.”
Some other bills intended to support open records and open meetings are still alive, including Rohl’s bill to open the records of governors and lieutenant governors after five years instead of 10, a bill supported by the South Dakota NewsMedia Association that would require public boards and commissions to annually review open meetings laws, and a bill from Rep. Mary Fitzgerald, R-Spearfish, clarifying that electronic communications conducted among all members of a public board or commission are subject to open meetings laws.
Three campaign finance bills advance to to the House
While this bill met with resistance in the senate, other bills aimed at campaign finance changes have advanced and met with approval in committee on Wednesday, Jan. 22 and subsequent approval from the Senate. All three now head to house committees for consideration.
One of the bills seeks to address unlimited amounts someone can loan to. campaign in South Dakota. The legislation is a response to the most recent election cycle, when Aberdeen businessman Toby Doeden reported a $100,000 contribution to his own Dakota First Action committee. The contribution exceeded the state’s $10,000 limit on individual contributions to political action committees.
Doeden later amended the report, reclassifying the contribution as a loan. Current state law allows loans to be forgiven, effectively providing a way to nullify contribution limits.
“Now that this loophole has been exposed, it’s no longer a loophole now,” Rohl said. “It’s a pathway. Now, every single person in the state knows about it. Every single person in the state can do it, and we, essentially, no longer have campaign finance limits in the state of South Dakota.”
The bill reads that any loan, when combined with contributions from the same source, cannot exceed the existing contribution limits outlined in state law.
The bill passed committee in a bipartisan 6-3 vote with no votes from Sens. Tom Pischke, R-Dell Rapids, Carl Perry, R-Aberdeen, and Kevin Jensen, R-Canton. It has since met with approval from the senate. It was approved 21-13 on Thursday, Jan. 23.
Limiting contributions from inactive candidates
Another bill proposes new restrictions on contributions from inactive candidate committees.
The candidate committees associated with politicians who are no longer actively seeking office sometimes retain significant balances and can make unlimited contributions to other candidates and committees. The bill would impose the same contribution limits on inactive candidate committees that other committees face.
Rohl said the bill is intended to curb the ability of defunct or dormant campaigns to wield disproportionate influence in active races.
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“This bill would ensure that inactive committees are treated like any other entity, with the same donation limits,” Rohl said.
The bill passed in a bipartisan 7-2 vote, with no votes from Pischke and Perry. It was approved by the senate 30-4 on Monday, Jan. 27.
More campaign finance reporting
Another of Rohl’s bills would make various political committees file campaign finance reports ahead of the primary election and general election, in addition to a year-end report, whether they have an active campaign or not.
Failing to do so would be a misdemeanor.
Rohl told South Dakota Searchlight that current state law allows a lawmaker not running in a primary election to collect and spend money without reporting it until the end of the year, “which lets politicians hide money for their friends or allies.”
That bill passed unanimously. It was amended and passed by the full senate Friday, Jan. 24 with a vote of 31-4.