Changes to Existing Law

The official meetings of the state, its any political subdivisions subdivision of the state, and any public body of the state or its political subdivisions, and any rural electric cooperative in the state are open to the public, or for a cooperative, any member of the cooperative, unless a specific law is cited by the state, the political subdivision, or the public8 body, or cooperative to close the official meeting to the public. For the purposes of this section, a political subdivision or a public body of a political subdivision means any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other agency of the state that is created or appointed by statute, ordinance, or12 resolution and is vested with the authority to exercise any sovereign power derived from state13 law. For purposes of this section, a rural electric cooperative means an entity organized under chapter 47-21 that provides retail or wholesale electric service. For the purposes of this section, 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 -SB an official meeting is any meeting of with a quorum of a public body at which official business1 of that public body is discussed or decided, or public policy is formulated, whether in person in-person or by means of teleconference in accordance with this section. It is not an official meeting of one political subdivision or public body if its members If members of a political subdivision, public body, or rural electric cooperative attend an official meeting of another subdivision, body, or cooperative to provide information or attend the official meeting of another political subdivision or public body for which the notice requirements of § 1-25-1.1 have been met otherwise, the members are not conducting an official meeting of that subdivision, body, or cooperative. Any official meeting may be conducted by teleconference as defined in § 1-25-1.2 or 47-21- 10. A teleconference may be used to conduct a hearing or take final disposition regarding an11 administrative rule pursuant to in accordance with § 1-26-4. A member is deemed present at the official meeting conducted by teleconference if the member answers present to the roll call13 conducted by teleconference for the purpose purposes of determining a quorum. Each vote at14 an official meeting held conducted by teleconference shall be taken by roll call. If the state, a political subdivision, or a public body, or a rural electric cooperative conducts16 an official meeting by teleconference, the state, the political subdivision, or public body, or cooperative shall provide at least one or more places location at which the public or members of the cooperative may listen to and participate in the teleconference meeting. For any official19 meeting held, other than an executive or closed meeting, conducted by teleconference, which has with less than a quorum of the members of the public body participating in the meeting who are present at the location open to the provided for the public, arrangements shall be provided for the subdivision, public body, or cooperative shall provide for the public to listen to the23 meeting via telephone or internet. The requirement to provide one or more places for the public24 - 3 -SB to listen to the teleconference does not apply to an executive or closed meeting. The chair of the public body shall reserve at every official meeting by the public body a2 period for public comment, limited at the chair's discretion, but not so limited as to provide for3 no public comment. If a quorum of township supervisors, road district trustees, or trustees for a municipality of5 the third class meet meets solely for purposes of implementing previously publicly-adopted policy adopted at a previous official meeting, carrying out ministerial functions of that township, district, or municipality, or undertaking a factual an investigation of conditions related to public8 safety, the meeting is not subject to the provisions of this chapter. A violation of this section is a Class 2 misdemeanor.

All public bodies, except other than the state and each state board, commission, or department of the state as provided in § 1-25-1.3, and rural electric cooperatives shall provide13 public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a15 copy of the notice, visible to the public, at the principal office of the public body or cooperative holding the meeting. The proposed agenda shall include the date, time, and location of the17 official meeting. The notice shall also be posted on the public body's website, if any, upon18 dissemination of the notice, if such a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person in-person, by mail, by email, or by telephone, to members of the local news media who21 have requested notice. For any special or rescheduled meeting, each the public body or rural electric cooperative shall also comply with the public notice provisions of this section for a23 regular meeting to the extent that circumstances permit. 24 - 4 -SB A violation of this section is a Class 2 misdemeanor.

Except as otherwise expressly provided by statute law, all citizens of this state, and4 all other persons interested in the examination of the any public records record, as defined in5 § 1-27-1.1, are hereby fully empowered and authorized to may examine such the public record, and may make memoranda and abstracts therefrom from the public record, during the hours the respective offices are open for the ordinary transaction of normal business hours and, unless8 otherwise prohibited by federal copyright law otherwise provides, obtain copies of the public9 records in accordance with this chapter record. Each government entity or, rural electric cooperative, and elected or appointed government11 official shall, during normal business hours, make available to the public for inspection and12 copying in the manner set forth in in accordance with this chapter all public records held by that13 entity or, cooperative, or official.

Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public otherwise prohibited by law, public records17 include all records and documents, regardless of physical form, of or belonging to this state, any18 county, rural electric cooperative, municipality, political subdivision, or tax-supported district19 in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which that is a public record in its original form21 remains a public record when maintained in any other form. For the purposes of §§ 1-27-1 to22 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created23 pursuant to in accordance with chapter 9-55.24 - 7 -SB

The business of a cooperative shall be managed by a board of not less no fewer than five directors, each of whom shall be a member who are members of the cooperative or of4 another cooperative or corporation, which that is a member thereof of the cooperative. If the5 member is an entity other than a natural person, the cooperative may provide in its bylaws for6 the election of a representative of the entity to qualify as a director. The bylaws shall prescribe7 the number of directors, their qualifications, other than those prescribed in this chapter, the8 manner of holding meetings of the board of directors and of electing successors to directors who9 shall resign, die, or vacate the board or are otherwise be incapable of acting performing the duties of director. The bylaws may also provide for the removal of directors from office and for11 the election of their successors. Unless restricted by the articles of incorporation or bylaws, members Members of the board13 of directors or any committee designated by the board of directors may participate in a meeting14 of such the board or committee by means of teleconference or similar communications15 equipment which allows all persons participating in the meeting to hear each other at the same time in accordance with § 1-25-1. Participation by a board or committee member in a17 teleconference constitutes presence in person in-person at a meeting. Any official meeting of the board of directors shall be open to members of the cooperative in accordance with chapter 1-25.

An annual meeting of the The members of a cooperative shall be held hold an annual meeting at such the time and place as shall be provided by the bylaws and in accordance with chapter 1-25.24 - 5 -SB

Special meetings of the members of a cooperative may be called by the The president, by the board of directors, by any three directors, or by not no less than ten percentum percent of the members of a cooperative may call a special meeting of the cooperative. shall be conducted in accordance with chapter 1-25.

Except as otherwise provided in this chapter, written or printed notice stating the7 time and place of each meeting of the members of a cooperative, and, in the case of a for any special meeting, the any purpose or purposes for which the meeting is called, shall be given provided to each member, either personally or by mail and in accordance with chapter 1-25, not10 less than ten days nor more than twenty-five days before the date of the meeting, unless the constitution requires a different notice in respect of one or more of the purposes of the meeting in which case only the notice required by the constitution shall be given. If notice under this section is mailed, such the notice shall be deemed to be given provided when deposited in the14 United States mail with postage prepaid and addressed to the member at his the member's address as it appears on the records of the cooperative.

Unless the bylaws prescribe the presence of a greater percentage or number of the18 members for a quorum, a quorum for the transaction of business at all meetings any meeting of19 the members of a cooperative having not no more than one thousand members, shall be five20 percent of all members, present in person, and of for a cooperative having more than one21 thousand members, a quorum shall be fifty members, present in person. If less than a quorum22 is present at any meeting, a majority of those members present in person may adjourn the23 meeting from time to time without further notice. The sufficiency or requirement of a quorum24 - 6 -SB for the transaction of business at a district meeting of members shall be established in the1 bylaws. However, the The quorum may not be less than five fifteen members.