ENTITLED, An Act to revise certain provisions concerning public meetings held by teleconference
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 to the meeting via telephone or internet. 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.
An Act to revise certain provisions concerning public meetings held by teleconference or
I certify that the attached Act
originated in the
SENATE as Bill No. 161
Secretary of the Senate
President Pro Tempore of the
Secretary of the Senate
Speaker of the House
Senate Bill No. 161
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State