88 chapters · 1,826 sections in this title.
SDCL § 1-25-1 Official meetings open to public--Exceptions--Notice of quorum--Public comment--Penalty
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An official meeting of a public body is open to the public unless a specific law is cited by the public body 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 …
SDCL § 1-25-1.2 Repealed by SL 2019, ch 3 , § 6
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1-25-1.3 Notice of meeting of the state--Agenda--Violation as misdemeanor. 1-25-1.4 Information to be posted on state website. 1-25-1.5 Teleconference meeting or hearing--Quorum--Vote. 1-25-1.6 Public participation in teleconference meeting. 1-25-2 Executive or closed meetings--P…
SDCL § 1-25-1.3 Notice of meeting of the state--Agenda--Violation as misdemeanor
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The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable…
SDCL § 1-25-1.4 Information to be posted on state website
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Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists: (1) Financial sta…
SDCL § 1-25-1.5 Teleconference meeting or hearing--Quorum--Vote
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Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to §
SDCL § 1-25-1.6 Public participation in teleconference meeting
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At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that has less than a quorum of the members of the publ…
SDCL § 1-25-1.7 Agenda--Details required--Penalty
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A proposed agenda, as required by § 1-25-1.1 or 1-25-1.3 , must list all items to be considered by a public body during any official meeting. The proposed agenda items must be described in sufficient detail to reasonably inform the public of any official business or public policy…
SDCL § 1-25-10 State Investment Council may discuss certain matters in executive session
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The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6 (5). Source: SL 2010, ch 7 , § 1.
SDCL § 1-25-11 Recording of open official meeting to be permitted
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No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law. Source: SL 2016, …
Definitions
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Terms used in this chapter mean: (1) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, inclu…
SDCL § 1-25-13 Annual review of open meeting laws--Acknowledgment
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Any agency, as defined in § 1-26-1 , or political subdivision of this state, that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25-1.3 must annually review the following, during an official meeting of the agency or subdivision: (1) The explanati…
SDCL § 1-25-4 Repealed by SL 1996, ch 9 , § 2
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SDCL § 1-25-5 Repealed by SL 1980, ch 24 , § 12
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1-25-6 Duty of state's attorney on receipt of complaint alleging chapter violation. 1-25-6.1 Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners. 1-25-7 Consideration by commission of complaint or written submissions alleging chapt…
SDCL § 1-25-6 Duty of state's attorney on receipt of complaint alleging chapter violation
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If a complaint alleging a violation of this chapter is made pursuant to § 23A-2-1 , the state's attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. Upon doing so, the state's…
SDCL § 1-25-6.1 Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners
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If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. The attorney general sh…
SDCL § 1-25-7 Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure
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Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by …
SDCL § 1-25-8 Open Meeting Commission--Appointment of members--Chair
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The South Dakota Open Meeting Commission is comprised of five state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission an…
SDCL § 1-25-9 Limitations on participation by commission members
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No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigat…