An Act to clarify the meaning of teleconference for purposes of open meeting requirements.

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

Section 1. That § 1-25-1 be AMENDED:

1-25-1. The An official meetings meeting of the state and its political subdivisions are a public body is open to the public unless a specific law is cited by the state or the political subdivision public body to close the official meeting to the public.

It is not an official meeting of one a public body if its:

(1) Its members provide information or attend the official meeting of another public body for which the notice requirements of § 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its;

(2) Its members attend a press conference called by a representative of the public body; or

(3) Its members communicate via teleconference or other electronic means for the sole purpose of scheduling, or confirming availability to attend, a future meeting.

For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the political subdivision public body may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall must meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and shall must contain, at a minimum, the date, time, and location of the event.

The public body shall reserve at every official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.

Public comment is not required at an official meetings meeting held solely for the purpose of meeting in executive session, an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing public body, or swearing in of a newly elected official, regardless of whether the activity takes place at the time and place usually reserved for an official meeting.

If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet meets solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

Section 2. That § 1-25-12 be AMENDED:

1-25-12. Terms used in this chapter mean:

(1) "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law;

(2) "Public body," any political subdivision and the state;

(3) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, including electronic mail, instant messaging, social media, text message, or virtual meeting platform, provided the term does not include communications solely to schedule a meeting or confirm attendance availability for a future meeting;

(4) "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet, including electronic mail, instant messaging, social media, text message, or virtual meeting platform;

(2) "Political subdivision," any association, authority, board, city municipality, commission, committee, council, county, school district, task force, town, township, or other local governmental entity, which is created by statute, ordinance, or resolution, and is vested with the authority to exercise any sovereign power derived from state law;

(3) "Public body," any political subdivision or the state;

(5)(4) "State," each agency, board, commission, or department, or agency of the State of South Dakota. The term, state, does not include agency of this state, not including the Legislature; and

(5) "Teleconference," an exchange of information by any audio, video, or electronic medium, including the internet.