Title 1 — STATE AFFAIRS AND GOVERNMENT

For the purposes of §§ 1-24-11 to 1-24-17 , inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by …

The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and empl…

If a public agency participates in a pool arrangement which is funded by the health and educational facilities authority pursuant to § 1-24-14 , then the obligation to pay premiums and other amounts pursuant to such pool arrangement shall be sufficiently authorized and evidenced …

Any public agency may enter into one or more pool arrangements with other public agencies and may enter into funding arrangements with the health and educational facilities authority and other public agencies, including agreements pursuant to which a public agency agrees to pay p…

Any public body or participating public agency may enter into agreements or other arrangements for the investment of public moneys or other funds with the authority under the provisions of § 1-16A-19 so long as the agreement or other arrangement relates to a loan, lease or other …

The election provisions of chapter 6-8B apply if a public agency issues any obligation or enters into any agreement in connection with a pool arrangement which includes an express pledge of the full faith and credit of the public agency and, in support thereof, a specific irrepea…

Each pool arrangement, as defined in § 1-24-11 , shall have an annual audit of its financial statements conducted in accordance with generally accepted government auditing standards. A copy of the audited financial statements shall be filed with the Department of Legislative Audi…

Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participa…

Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the ext…

Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency. Source: SL 1997, ch 9 , § 1.

Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified la…

In addition to the other requirements in chapter 1-24 , the parties to an interstate law enforcement agreement shall agree to the following: (1) That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance wit…

All reciprocal interstate law enforcement agreements must be approved by the Governor. Source: SL 1997, ch 9 , § 4.

The Governor of the State of South Dakota is hereby authorized to enter into an agreement under the provisions of this chapter with any federally recognized Indian tribe. The purpose of any agreement entered into pursuant to this section is to allow the Indian tribes to select th…

Any agreement reached pursuant to § 1-24-24 shall be for a term not to exceed five years. An agreement, however, is renewable upon expiration by the mutual consent of the parties. Source: SL 2016, ch 8 , § 2.

Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§ 1-24-2 to 1-24-9 , inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the parti…

Any such agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created; (3) Its …

In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated in § 1-24-4 , contain the following: (1) Provision for an administrator or a joint board responsibl…

In the event that an agreement made pursuant to §§ 1-24-2 to 1-24-9 , inclusive, shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the ag…

A copy of any agreement entered into pursuant to this chapter to which any state agency is a party shall be filed with the attorney general and the Legislative Research Council not more than fourteen days after being executed. Source: SL 1975, ch 14 , § 2; SL 1976, ch 13 ; SL 198…

Any public agency entering into an agreement pursuant to §§ 1-24-2 to 1-24-9 , inclusive, may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undert…

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be…

No agreement made pursuant to §§ 1-24-2 to 1-24-8 , inclusive, shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity cr…

Each agency shall file with or make available electronically to the state auditor a copy of any consulting contract entered into by the state agency with a nongovernmental party within five days after the contract is approved and finalized by the contracting parties. Source: SL 1…

The term "state agency," as used in § 1-24A-1 , means any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. So…

For purposes of this chapter, "consulting contract" means a written contract or written agreement for consulting services to the state paid out of contractual services accounts, as specified by the commissioner of finance and management pursuant to subdivision 4-7-1 (6). Source: …

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 …

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…

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…

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…

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 §

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…

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…

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.

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, …

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…

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…

1-25-5

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…

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…

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…

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 …

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…

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…

Any office, agency, board, or commission of this state or any of its counties, townships or municipalities is hereby authorized to purchase radio and television advertising time to broadcast any announcement found to be in the public interest. Source: SL 1973, ch 17 .

Nothing in § 1-25A-1 shall authorize the purchase of radio and television advertising time to broadcast any legal notice which is required to be given by law, nor shall it be construed to give radio and television legal publication status. Source: SL 1973, ch 17 .

Terms used in this chapter mean: (1) "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term…

There is created a legislative committee of six members, no more than four of whom may be of the same political party, designated as the Interim Rules Review Committee. The committee is composed of three members of the Senate, to be appointed by the president pro tempore of the S…

The Interim Rules Review Committee shall choose a chair and a vice chair from its members and prescribe its rules of procedure. Meetings of the committee are at the call of the chair or a majority of the committee. On or before the first Monday following the last day of the legis…

The code counsel, with the consent of the director of the Legislative Research Council, may delegate the duties imposed by this chapter to other persons in the council's office. Each person to whom the duties are delegated has the same power and authority as the code counsel for …