S.D. Codified Laws § 1-25-1

Current through the 2024 Legislative Session

Section 1-25-1 - Official meetings open to public-Exceptions-Public comment-Violation as misdemeanor

The official meetings of the state and its political subdivisions are open to the public 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 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 official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.

Public comment is not required at official meetings held solely for the purpose of meeting in executive session, an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing body, regardless of whether the activity takes place at the time and place usually reserved for 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.

SDCL 1-25-1

SL 1965, ch 269; SL 1980, ch 24, § 9; SL 1989, ch 15, § 1A; SL 1990, ch 18, § 1; SL 1990, ch 30, § 1; SL 1993, ch 17; SL 2005, ch 16, §1; SL 2008, ch 13, §1; SL 2010, ch 9, §2; SL 2012, ch 5, §1; SL 2013, ch 8, §1; SL 2016, ch 9, §1; SL 2018, ch 14, §1; SL 2019, ch 3, §2; SL 2023, ch 5, §1.

Amended by S.L. 2023, ch. 5,s. 1, eff. 7/1/2023.

Amended by S.L. 2019, ch. 3,s. 2, eff. 7/1/2019.

Amended by S.L. 2018, ch. 14,s. 1, eff. 7/1/2018.

Amended by S.L. 2016, ch. 9,s. 1, eff. 7/1/2016.