State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

915P0660   SENATE BILL   NO.   199  

Introduced by:     Senators Hansen (Tom), Albers, Bartling, Greenfield, Hanson (Gary), Maher, McNenny, Peterson (Jim), Schmidt (Dennis), Smidt (Orville), and Two Bulls and Representatives Rausch, Boomgarden, Burg, Davis, Dennert, Elliott, Faehn, Gassman, Halverson, Haverly, Kirkeby, Koistinen, Krebs, Lucas, Miles, Nelson, Noem, Putnam, Rhoden, Rounds, Street, Tidemann, Weems, Wick, and Willadsen
 

         FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning public meetings.
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.   Except as otherwise provided by law, the official meetings of the state and the political subdivisions thereof, including all related boards, commissions and other agencies, and the official meetings of boards, commissions and agencies created by statute or which are nontaxpaying and derive a source of revenue directly from public funds, shall be open to the public, except as provided in this chapter. It does not constitute an official meeting if members of a political subdivision of this state are attending a meeting of the state or one of its political subdivisions, a board, a commission, an association, an agency, or any other public entity for which public notice is provided pursuant to §  1-25-1.1 for the purpose of providing information or observing, and the notice requirements in §  1-25-1.1 do not apply. Meetings, including executive or closed meetings may be conducted by teleconference. Members shall be deemed

present if they answer present to the roll call taken by teleconference. Any vote at a meeting held by teleconference shall be taken by roll call. Except for executive or closed meetings held by teleconference, there shall be provided one or more places at which the public may listen to and participate in the proceeding. Except for executive or closed meetings held by teleconference of related boards and commissions of the state, there shall be provided two or more places at which the public may listen to and participate in the proceeding. Except for the Digital Dakota Network, no teleconference may be used in conducting hearings or taking final disposition pursuant to § 1-26-4. Teleconference meetings are subject to the notice provisions of chapter 1-25.

     A violation of this section is a Class 2 misdemeanor.