An Act to establish requirements for public meeting notices and materials.

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--Notice of public meeting--Requirements--Penalty.

Each A political subdivision shall provide public post a notice, with proposed agenda, that is of each public meeting at its principal office. The notice must:

(1) Be visible, readable, and accessible;

(2) Readable;

(3) Accessible to the public for at least an entire, continuous the twenty-four hours hour period 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 ;

(4) State the date, time, and location of the meeting;

(5) Include the most recent version of the proposed agenda shall include the date, time, and location of the meeting; and

(6) Include materials required in accordance with § 1-27-1.16.

The notice shall also be posted political subdivision shall simultaneously post the notice required by this section 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 In the case of a special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of requirements set forth in this section for a regular meeting, to the extent that circumstances permit, and also provide the information required by this section in person, by mail, or by email, to members of the news media who have requested notice.

A violation of this section is a Class 2 misdemeanor.

Section 2. That § 1-27-1.16 be AMENDED.

1-27-1.16. Open meeting--Distributed material--Exceptions--Penalty.

If Except as otherwise provided in this section, if a meeting is required to be open to the public, pursuant to § 1-25-1, and if any printed material relating related to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body, or any of its employees, and the printed material is distributed before the meeting to all members of the governing body, the material shall either must be posted on the governing body's website or, if one exists, and made available at the official business office of the governing body, at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later.

If the material is not posted to the governing body's website, at least one copy of the printed Copies of the material shall must be available in the meeting room, for inspection by any person, while the governing body is considering the printed material.

However, the provisions of this agenda item to which the material pertains.

This section do does not apply to any printed material or record that is specifically :

(1) Material that is exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the;

(2) Material that pertains to an agenda item of an executive or closed meeting held in accordance with § 1-25-2; or

(3) Material pertaining to contested proceedings under chapter 1-26;

(4) Material furnished outside the control of the committee; or

(5) Material that pertains to an agenda item of the Public Utilities Commission.

For purposes of this section, materials include documents, exhibits, information, and records.

A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26.