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South Dakota House Bill HB1059

South Dakota 2025 Regular Session

South Dakota House Bill HB1059 Compare Versions

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1-25.366.19 100th Legislative Session 1059
1+25.366.18 100th Legislative Session 1059
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44 2025 South Dakota Legislature
55 House Bill 1059
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to clarify the meaning of teleconference for purposes of open
12-meeting requirements.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 1-25-1 be AMENDED:
15-1-25-1. An official meeting of a public body is open to the public unless a specific
16-law is cited by the public body to close the official meeting to the public.
17-It is not an official meeting of one public body if its members provide information
18-or attend the official meeting of another public body for which the notice requirements of
19-§ 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its
20-members attend a press conference called by a representative of the public body.
21-For any event hosted by a nongovernmental entity to which a quorum of the public
22-body is invited and public policy may be discussed, but the public body does not control
23-the agenda, the public body may post a public notice of a quorum, in lieu of an agenda.
24-The notice of a quorum must meet the posting requirements of § 1-25-1.1 or 1-25-1.3
25-and must contain, at a minimum, the date, time, and location of the event.
26-The public body shall reserve at every official meeting a period for public comment,
27-limited at the public body's discretion as to the time allowed for each topic and the total
28-time allowed for public comment, but not so limited as to provide for no public comment.
29-Public comment is not required at an official meeting held solely for the purpose of
30-meeting in executive session, an inauguration, presentation of an annual report to the
31-public body, or swearing in of a newly elected official, regardless of whether the activity
32-takes place at the time and place usually reserved for an official meeting.
33-If a quorum of township supervisors, road district trustees, or trustees for a
34-municipality of the third class meets solely for purposes of implementing previously
35-publicly adopted policy; carrying out ministerial functions of that township, district, or 25.366.19 2 1059
36-HB1059 ENROLLED
37-municipality; or undertaking a factual investigation of conditions related to public safety;
38-the meeting is not subject to the provisions of this chapter.
39-A violation of this section is a Class 2 misdemeanor.
40-Section 2. That § 1-25-12 be AMENDED:
41-1-25-12. Terms used in this chapter mean:
42-(1) "Official meeting," any meeting of a quorum of a public body at which official
43-business or public policy of that public body is discussed or decided by the public
44-body, whether in person or by means of teleconference or electronic means,
45-including electronic mail, instant messaging, social media, text message, or virtual
46-meeting platform, provided the term does not include communications solely to
47-schedule a meeting or confirm attendance availability for a future meeting;
48-(2) "Political subdivision," any association, authority, board, municipality, commission,
49-committee, council, county, school district, task force, town, township, or other
50-local governmental entity, which is created by statute, ordinance, or resolution,
51-and is vested with the authority to exercise any sovereign power derived from state
52-law;
53-(3) "Public body," any political subdivision or the state;
54-(4) "State," each agency, board, commission, or department of the State of South
55-Dakota, not including the Legislature; and
56-(5) "Teleconference," an exchange of information by any audio, video, or electronic
57-medium, including the internet. 25.366.19 3 1059
58-HB1059 ENROLLED
59-An Act to clarify the meaning of teleconference for purposes of open meeting requirements.
60-
61-
62-
63-
64-I certify that the attached Act originated in
65-the:
66-
67-House as Bill No. 1059
68-
69-
70-
71-Chief Clerk
72-
73-
74-
75-
76-Speaker of the House
77-
78-Attest:
79-
80-
81-
82-
83-Chief Clerk
84-
85-
86-
87-
88-President of the Senate
89-
90-Attest:
6+HOUSE LOCAL GOVERNMENT ENGROSSED
917
928
939
9410
9511
96-Secretary of the Senate
12+Introduced by: Representative Fitzgerald
9713
98-
99-
100-House Bill No. 1059
101-File No. ____
102-Chapter No. ______
103-
104-
105-
106-Received at this Executive Office
107-this _____ day of _____________,
108-
109-2025 at ____________M.
110-
111-
112-
113-By
114-for the Governor
115-
116-
117-The attached Act is hereby
118-approved this ________ day of
119-______________, A.D., 2025
120-
121-
122-
123-
124-
125-Governor
126-
127-STATE OF SOUTH DAKOTA ,
128-ss.
129-Office of the Secretary of State
130-
131-
132-Filed ____________, 2025
133- at _________ o'clock __M.
134-
135-
136-
137-
138-
139-Secretary of State
140-
141-
142-
143-By
144-Asst. Secretary of State
145-
146-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to clarify the meaning of teleconference for purposes of open meeting 1
17+requirements. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 1-25-1 be AMENDED: 4
20+1-25-1. The An official meetings meeting of the state and its political subdivisions 5
21+are a public body is open to the public unless a specific law is cited by the state or the 6
22+political subdivision public body to close the official meeting to the public. 7
23+It is not an official meeting of one public body if its members provide information 8
24+or attend the official meeting of another public body for which the notice requirements of 9
25+§ 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its 10
26+members attend a press conference called by a representative of the public body. 11
27+For any event hosted by a nongovernmental entity to which a quorum of the public 12
28+body is invited and public policy may be discussed, but the public body does not control 13
29+the agenda, the political subdivision public body may post a public notice of a quorum, in 14
30+lieu of an agenda. The notice of a quorum shall must meet the posting requirements of 15
31+§ 1-25-1.1 or 1-25-1.3 and shall must contain, at a minimum, the date, time, and location 16
32+of the event. 17
33+The public body shall reserve at every official meeting a period for public comment, 18
34+limited at the public body's discretion as to the time allowed for each topic and the total 19
35+time allowed for public comment, but not so limited as to provide for no public comment. 20
36+Public comment is not required at an official meetings meeting held solely for the 21
37+purpose of meeting in executive session, an inauguration, swearing in of newly elected 22
38+officials, or presentation of an annual report to the governing public body, or swearing in 23
39+of a newly elected official, regardless of whether the activity takes place at the time and 24
40+place usually reserved for an official meeting. 25 25.366.18 2 1059
41+ Underscores indicate new language.
42+ Overstrikes indicate deleted language.
43+If a quorum of township supervisors, road district trustees, or trustees for a 1
44+municipality of the third class meet meets solely for purposes of implementing previously 2
45+publicly adopted policy; carrying out ministerial functions of that township, district, or 3
46+municipality; or undertaking a factual investigation of conditions related to public safety; 4
47+the meeting is not subject to the provisions of this chapter. 5
48+A violation of this section is a Class 2 misdemeanor. 6
49+Section 2. That § 1-25-12 be AMENDED: 7
50+1-25-12. Terms used in this chapter mean: 8
51+(1) "Political subdivision," any association, authority, board, commission, committee, 9
52+council, task force, school district, county, city, town, township, or other local 10
53+government entity that is created or appointed by statute, ordinance, or resolution 11
54+and is vested with the authority to exercise any sovereign power derived from state 12
55+law; 13
56+(2) "Public body," any political subdivision and the state; 14
57+(3) "Official meeting," any meeting of a quorum of a public body at which official 15
58+business or public policy of that public body is discussed or decided by the public 16
59+body, whether in person or by means of teleconference or electronic means, 17
60+including electronic mail, instant messaging, social media, text message, or virtual 18
61+meeting platform, provided the term does not include communications solely to 19
62+schedule a meeting or confirm attendance availability for a future meeting; 20
63+(4) "Teleconference," information exchanged by any audio, video, or electronic 21
64+medium, including the internet; 22
65+(2) "Political subdivision," any association, authority, board, municipality, commission, 23
66+committee, council, county, school district, task force, town, township, or other 24
67+local governmental entity, which is created by statute, ordinance, or resolution, 25
68+and is vested with the authority to exercise any sovereign power derived from state 26
69+law; 27
70+(3) "Public body," any political subdivision or the state; 28
71+(5)(4) "State," each agency, board, commission, or department, or agency of the State 29
72+of South Dakota. The term, state, does not include, not including the Legislature; 30
73+and 31
74+(5) "Teleconference," an exchange of information by any audio, video, or electronic 32
75+medium, including the internet. 33