State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
SENATE STATE AFFAIRS
ENGROSSED NO. SB 161 - 2/6/2012
Introduced by: Senators Novstrup (Al), Brown, Frerichs, Fryslie, and Heineman and
Representatives Hoffman, Feickert, and Tulson
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings
held by teleconference or videoconference.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-1 be amended to read as follows:
1-25-1. The official meetings of the state, its political subdivisions, and any public body of
the state or its political subdivisions are open to the public unless a specific law is cited by the
state, the political subdivision, or the public body to close the official meeting to the public. For
the purposes of this section, a political subdivision or a public body of a political subdivision
means any association, authority, board, commission, committee, council, task force, school
district, county, city, town, township, or other agency of the state, which is created or appointed
by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign
power derived from state law.
It is not an official meeting of one political subdivision or public body if its members
provide information or attend the official meeting of another political subdivision or public body
for which the notice requirements of § 1-25-1.1 have been met.
Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. 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.
If the state, a political subdivision, or a public body conducts an official meeting by
teleconference, the state, the political subdivision, or public body shall provide one or more
places at which the public may listen to and participate in the teleconference meeting. For any
official meeting held by teleconference, which 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 and participate in the meeting in the same
manner as the public body. The requirement to provide one or more places for the public to
listen to the teleconference does not apply to an executive or closed meeting.
A violation of this section is a Class 2 misdemeanor.