An Act to revise provisions for public meetings held by teleconference.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 1-25-1.1 be AMENDED.

1-25-1.1. Political subdivision--Meeting notice--Agenda--Violation as misdemeanor.

Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, or and instructions on how to join the meeting if all members of the public body are participating by teleconference. The notice and any documents required pursuant to § 1-27-1.16 shall also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Section 2. That § 1-25-1.6 be AMENDED.

1-25-1.6. Teleconference--Public participation.

At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held at which all members of the public body are participating by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to and participate in the meeting via telephone or internet. The requirement to provide one or more places for the public to listen and participate to the teleconference does not apply to official meetings closed to the public pursuant to specific law.

Section 3. That § 1-25-1.5 be AMENDED.

1-25-1.5. Teleconference meeting or hearing--Quorum--Vote.

Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call.

In the event all members of the public body are participating by teleconference, no member may participate from the same location as any other member.