The amendment restructures and clarifies the criteria for executive sessions by reorganizing the list of permissible topics (moving cyber security details to subsection (d) and consolidating weapons/materials into subsection (8)), adding specific procedural requirements like roll-call votes when there's no unanimous agreement to close a meeting, and relocating language about official action needing to occur in open meetings—essentially STRENGTHENING transparency by making closure procedures more rigid and documented.
26.462.9 26.462.10 101st Legislative Session 47 2026 South Dakota Legislature Senate Bill 47 Introduced by: The Chair of the Committee on Local Government at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise the requirements for executive sessions and closed meetings. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 1-25-2 be AMENDED: 3 1-25-2. Executive or closed meetings An executive session or closed meeting may 4 be held only for the sole purposes of: 5 (1) Discussing the qualifications character, competence, fitness, performance, 6 character or fitness or qualifications of any current or prospective public officer or 7 employee or prospective public officer or employee. The term, employee, does not 8 include any, not including an independent contractor; 9 (2) Discussing the a student's: 10 (a) Discipline, expulsion, or suspension, discipline, assignment of or the; 11 suspension; (b) Assignment or educational program of a student program; or the eligibility of a 12 student; or 13 (c) Eligibility to participate in interscholastic activities provided by the South 14 Dakota High School Activities Association; 15 (3) Consulting with legal counsel, or reviewing communications from legal counsel, 16 about proposed or pending litigation or contractual matters; 17 (4) Preparing for contract negotiations or negotiating with employees or employee 18 representatives; 19 (5) Discussing marketing or pricing strategies by a board or commission of a business 20 that is owned by the state or any of its political subdivisions, when if public 21 discussion may be harmful to the competitive position of the business; or 22 (6) Discussing the following information pertaining to the protection of public or private 23 property and any person on or within public or private the property specific to: 24 property: (a) Any vulnerability assessment or response plan intended to prevent or 25 mitigate criminal acts; 26 26.462.9 2 47 Underscores indicate new language. Overstrikes indicate deleted language. (b) Emergency management or response; 1 26.462.10 2 47 SB47 ENROLLED (c) Public safety information that would create a substantial likelihood of 2 endangering public safety or property, if disclosed; 3 (d) Cyber security plans, computer, communications Communications network 4 schema, computer systems, cyber security plans, passwords, or user 5 identification names; 6 (e) Guard schedules; 7 (f) Lock combinations; and 8 (g) Any blueprint, building plan, or infrastructure record regarding any building 9 or facility that, facility, which would expose or create vulnerability through 10 disclosure of the location, configuration, location, or security of critical 11 systems of the building or facility; and 12 (h) Any 13 (7) Discussing any emergency or disaster response plans or protocols, safety or 14 security audits or reviews, or lists of emergency or disaster response personnel or 15 material; any and 16 (8) Discussing the location of or listing of weapons or ammunition; nuclear, chemical, 17 or biological any: 18 (a) Ammunition or weapons; 19 (b) Biological, chemical, or nuclear agents; or other 20 (c) Other military or law enforcement equipment or personnel. 21 However, any official action concerning the matters pursuant to this section shall 22 be made at an open official meeting. An executive or closed meeting must be held only 23 upon a majority vote of the members of the public body present and voting, and discussion 24 during the closed meeting is restricted to the purpose specified in the closure motion. 25 An executive session or closed meeting may be held only upon a majority vote of 26 the members of the public body present and voting at an otherwise open official meeting. 27 In the absence of a unanimous vote, any vote to enter executive session must be 28 taken by roll call. A motion to enter executive session must state the applicable subdivision 29 in this section, or any other applicable law, pursuant to which the executive session is to 30 be held. The motion and vote to enter executive session must be reported in the minutes 31 of the proceedings. Discussion during executive session is restricted to the purpose 32 specified in the motion to enter executive session. 33 Any official action concerning the matters considered pursuant to this section must 34 be taken at an open official meeting. 35 26.462.9 3 47 Underscores indicate new language. Overstrikes indicate deleted language. Nothing in § 1-25-1 or this section prevents an executive session or closed meeting 1 if the federal or state Constitution or the any federal or state statutes require or permit it 2 statute permits or requires the session or meeting. 3 A violation of this section is a Class 2 misdemeanor. 4 26.462.10 3 47 SB47 ENROLLED An Act to revise the requirements for executive sessions and closed meetings. I certify that the attached Act originated in the: Senate as Bill No. 47 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 47 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State