State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE STATE AFFAIRS
ENGROSSED NO. HB 1108 - 02/25/2013
Introduced by: The Committee on State Affairs at the request of the Office of the Governor
and the Office of the Attorney General
FOR AN ACT ENTITLED, An Act to expand the application of certain open meetings
provisions to certain committees of public boards.
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, or any committee or subcommittee thereof, 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 individual telephone or internet access does not apply to any
advisory body that has no sovereign power. 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.