An Act to establish requirements for public meeting notices and materials.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 1-25-1.1 be AMENDED.
1-25-1.1. Political subdivision--Notice of public meeting--Requirements--Penalty.
Each
A
political
subdivision shall provide
public post
a notice,
with proposed agenda, that is
of each public meeting at its principal office. The notice must:
(1) Be
visible,
readable, and accessible;
(2) Readable;
(3) Accessible
to the public for
at least
an entire, continuous
the twenty-four
hours
hour
period immediately
preceding
any official meeting, by posting a copy of the notice, visible to the
public, at the principal office of the political subdivision holding
the meeting.
The ;
(4) State the date, time, and location of the meeting;
(5) Include
the most recent version of the proposed
agenda
shall include the date, time, and location of the meeting;
and
(6) Include materials required in accordance with 1-27-1.16.
The
notice shall also be posted
political
subdivision shall simultaneously post the notice required by this
section on the
political subdivision's website
upon dissemination of the notice,
if a website exists.
For
any special or rescheduled meeting, the information in the notice
shall be delivered in person, by mail, by email, or by telephone, to
members of the local news media who have requested notice.
For
any In
the case of a special
or rescheduled meeting, each political subdivision shall also comply
with the public
notice
provisions
of requirements
set forth in this
section for a regular meeting,
to the extent that circumstances permit,
and also provide the information required by this section in person,
by mail, or by email, to members of the news media who have requested
notice.
A violation of this section is a Class 2 misdemeanor.
Section 2. That 1-27-1.16 be AMENDED.
1-27-1.16. Open meeting--Distributed material--Exceptions--Penalty.
If
Except
as otherwise provided in this section, if a
meeting is
required to be
open to the public,
pursuant to 1-25-1,
and if any printed
material
relating
related
to an agenda
item of
the meeting is
prepared or
distributed by
or at the direction of the governing body,
or any of its employees,
and the
printed material is distributed
before the meeting to all members of the governing body, the material
shall
either
must be posted
on the governing body's website
or,
if one exists, and made
available at the official
business
office of the governing body,
at least twenty-four hours prior to the meeting or at the time the
material is distributed to the governing body, whichever is later.
If
the material is not posted to the governing body's website, at least
one copy of the printed Copies
of the material
shall
must
be available in
the meeting room,
for inspection by any person,
while the governing body is considering the printed
material.
However,
the provisions of this
agenda item to which the material pertains.
This
section do
does
not apply to
any printed material or record that is specifically :
(1) Material
that is exempt
from disclosure
under the provisions of this chapter or to any printed material or
record regarding the;
(2) Material that pertains to an agenda item of an executive or closed meeting held in accordance with 1-25-2; or
(3) Material pertaining to contested proceedings under chapter 1-26.
For purposes of this section, materials include documents, exhibits, information, and records.
A violation of this section is a
Class 2 misdemeanor.
However, the provisions of this section do not apply to printed
material, records, or exhibits involving contested case proceedings
held in accordance with the provisions of chapter 1-26.