21.236.10 96th Legislative Session 609

2021 South Dakota Legislature

House Bill 1129

Introduced by: Representative Mulally

An Act to establish requirements for livestreamed public meetings.

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

Section 1. That § 1-25-1 be AMENDED.

1-25-1. Public meetings--Exceptions--Public comment--Penalty.

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

It is not an official meeting of one a public body if 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 members attend a press conference called by a representative of the public body.

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 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 contain, at a minimum, the date, time, and location of the event.

The public body shall reserve, at every regularly scheduled official meeting, a period for public comment, limited at the public body's discretion, but not so limited as to provide for no public comment. At a minimum, public comment shall must be allowed at regularly scheduled official meetings which that are designated as regular meetings by statute, rule, or ordinance.

If a public body livestreams a meeting, the public body shall utilize a website or platform that:

(1) Does not limit public accessibility by requiring the creation of accounts, profiles, or registration;

(2) Allows for archived meeting videos to be easily accessed by the public;

(3) Provides the public body with the ability to limit digital advertisements that the body deems to be inappropriate;

(4) Allows for the imposition of sufficient controls to guard against hacking, misappropriation, misuse, and piracy; and

(5) Allows the public body to disable or moderate public comments during the live video or upon posting to a newsfeed.

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

If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet 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.

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

Overstrikes indicate deleted language.