An Act to clarify certain public meeting requirements.

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

Section 1. That § 1-25-12 be AMENDED:

1-25-12. Terms used in this chapter mean:

(1) "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law;

(2) "Public body," any political subdivision and the state;

(3) "Public comment," information presented by a person, whether a natural person or an organization by a designated representative of the organization, whether by audio, video, electronic medium, or other method of communication who is:

(a) A taxpayer in the political subdivision or is affected by any present or proposed action, either directly or indirectly, of the political subdivision; or

(b) A parent, guardian, caretaker of a child; disabled person; incompetent person; or person in need of protection; or

(c) A resident of the political subdivision; and

(d) Presents relevant, pertinent, and germane information on an item on the agenda of the notice for the official meeting, or that is of particular concern as it affects or relates to them or the person that they represent.

Public comment may be limited by the public body by their established policy and procedure to a reasonable time for each person desiring to provide public comment, but not so limited as to provide minimal or no public comment.

(4) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;

(4)(5) "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;

(5)(6) "State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.

Section 2. That § 1-25-1 be AMENDED:

1-25-1. The official meetings of the state and its political subdivisions are open to the public, and the public must be permitted public comment, 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 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 must post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall 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 be allowed at regularly scheduled all official meetings which are designated as regular meetings by statute, rule, or ordinance.

Public comment is not required but may be permitted 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 activity takes place at the time and place usually reserved for a regularly scheduled an official 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.

Section 3. That § 1-25-1.1 be AMENDED:

1-25-1.1. Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall must include the date, time, and location of the meeting and a period for public comment. The notice shall must also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall must be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular an official meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Section 4. That § 1-25-1.3 be AMENDED:

1-25-1.3. The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall must include the date, time, and location of the meeting, a period for public comment, and be visible, readable, and accessible to the public. The agenda shall must be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include Saturday, Sunday, or legal holidays. The notice shall must also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall must be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, the state shallmust also comply with the public notice provisions of this section for a regular an official meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Section 5. That § 1-25-1.6 be AMENDED:

1-25-1.6. At any official meeting conducted by teleconference, there shall must be provided one or more places at which the public may listen to and participate provide public comment in the teleconference meeting. For any official meeting held by teleconference, that 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 must be provided for the public to listen to the meeting and provide public comment via telephone or internet. The requirement to provide one or more places for the public to listen to and provide public comment in the teleconference does not apply to official meetings closed to the public pursuant to specific law.