ENTITLED, An Act to clarify the application of certain open meetings provisions to certain three-member 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 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.
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
A violation of this section is a Class 2 misdemeanor.
An Act to clarify the application of certain open meetings provisions to certain three-member public
I certify that the attached Act
originated in the
HOUSE as Bill No. 1112
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1112
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