21.502.15 96th Legislative Session 765

2021 South Dakota Legislature

House Bill 1120

Introduced by: Representative Hansen

An Act to establish a website for the posting of notices for certain local governments.

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

Section 1. That a NEW SECTION be added:

17-5-1. Definitions.

Terms used in this Act mean:

(1) "Meeting information," a local government's agendas, final minutes as approved by the local government's governing body, and, if available, links to any audio or video live stream or archive;

(2) "Local government," all municipalities, counties, and school districts.

Section 2. That a NEW SECTION be added:

17-5-2. Website--Public information.

The Bureau of Administration shall create and maintain a publicly searchable internet website for the uniform posting and access of the meeting information of local governments.

Section 3. That a NEW SECTION be added:

17-5-3. Posting--Requirements.

Local governments shall provide and post all meeting information on the website created under § 17-5-2. Local governments shall continue to post meeting information as required by chapter 1-25.

Section 4. That a NEW SECTION be added:

17-5-4. Posting--Deadlines.

If any deadline to post the meeting information via any medium exists in any other law, that deadline applies to the posting of meeting information on the website created under § 17-5-2. In all cases, the postings required under any other law are the official postings for all legal purposes.

Section 5. That a NEW SECTION be added:

17-5-5. Subscriptions--Electronic notice.

The website shall provide an option to subscribe to receive email notices when a local government posts meeting information to the website created under § 17-5-2. The website shall contain a link to the official website of the local government entity, if one exists, with a notice that the official local website should be consulted for any changes after the initial posting.

Section 6. That a NEW SECTION be added:

17-5-6. Public data--Archive.

All past and archived public information required to be posted by a local government under this Act shall be available for the public to search and view on the website.

Section 7. That a NEW SECTION be added:

17-5-7. Notice and information--Compliance.

The Bureau of Administration shall provide for notice of the provisions and requirements of this Act to each local government that is subject to this Act.

Section 8. That a NEW SECTION be added:

17-5-8. Promulgation--Rules.

The Bureau of Administration may promulgate rules, pursuant to chapter 1-26, to:

(1) Create and maintain a website under § 17-5-2;

(2) Create a list of meeting information that is required to post under § 17-5-3;

(3) Establish requirements regarding the archiving of public data under § 17-5-6; and

(4) Establish any training or materials necessary to implement § 17-5-7.

Section 9. This Act is effective on July 1, 2022.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.