21.236.10 96th Legislative Session 609
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
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
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
posting requirements of § 1-25-1.1
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,
be allowed at
regularly scheduled official meetings which
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
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
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.
indicate deleted language.