Changes to Existing Law

Executive or closed meetings may be held for the sole purposes of: (1)Discussing the qualifications, competence, performance, character or fitness of any6 public officer or employee or prospective public officer or employee. The term7 "employee", employee, does not include any independent contractor; (2)Discussing the expulsion, suspension, discipline, assignment of or the educational9 program of a student or the eligibility of a student to participate in interscholastic10 activities provided by the South Dakota High School Activities Association; (3)Consulting with legal counsel or reviewing communications from legal counsel about12 proposed or pending litigation or contractual matters; (4)Preparing for contract negotiations or negotiating with employees or employee14 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1048 representatives; (5)Discussing marketing or pricing strategies by a board or commission of a business2 owned by the state or any of its political subdivisions, when public discussion may3 be harmful to the competitive position of the business; or (6)Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such the public body present and voting, and discussion during the closed meeting is restricted to the8 purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent prevents an executive or closed meeting if the federal or state Constitution or the10 federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.11