State Revamps Open Meeting Requirements
By Susan Rasmussen, a Woods Fuller Associate
South Dakota has enacted a trio of new laws that together mark a significant update to the state’s open government requirements. Senate Bills 46, 47, and 48, which were signed into law by Governor Larry Rhoden, reshape how meeting agendas must be written, how executive sessions must be conducted, and how public notice is delivered. While each bill addresses a different part of the process, collectively they create clearer expectations for public bodies and more consistent access to information for residents.
Agenda Transparency (SB 46)
Senate Bill 46 focuses on improving the clarity and completeness of meeting agendas. Public bodies must now list every item they plan to consider with enough detail to reasonably inform the public about the business or policy decisions expected at the meeting. This means agenda items can no longer be grouped under vague headings or left broadly described.
Violating these requirements is classified as a Class 2 misdemeanor, creating a defined consequence for noncompliance.
Executive Sessions (SB 47)
Senate Bill 47 updates the rules governing executive sessions—meetings that are temporarily closed to the public. The law outlines a specific list of permissible purposes for such meetings, including certain personnel matters, student issues, consultations with legal counsel about proposed or pending litigation or contractual matters, and a range of public safety and security topics, among other purposes.
To enter executive session, a public body must identify the exact subsection of law authorizing the closed session, and must obtain the approval of the majority of the members of the public body present and voting. If the vote to enter the executive session is not unanimous, it must be taken by roll call so each member’s vote is recorded. The motion and vote to enter the executive session must be reported in the public minutes of the proceedings. Discussions in executive sessions are still restricted to only the stated topic, and any official action must still take place in open session. Violations are a Class 2 misdemeanor.
Access to Meeting Information Online (SB 48)
Senate Bill 48 clarifies South Dakota’s requirements for posting meeting agendas in advance for public meetings of the State. The law now explicitly states that agendas for State public meetings must be posted online at least 72 hours before a meeting begins, excluding weekends and legal holidays. The agenda must also be posted at the State agency’s principal office and must include the meeting date, time, and location.
For special or rescheduled meetings, the State must also notify local media who have requested notice, using mail, email, phone, or inperson delivery. Violating these requirements constitutes a Class 2 misdemeanor.
Taken Together
Together, these three laws establish clearer expectations for how public meetings are noticed, how agendas are prepared, and how executive sessions are conducted. The updates provide more detailed procedures for government bodies and more predictable access to information for the public, helping ensure that meetings across the state follow uniform standards for transparency and compliance.