South Dakota

Open Meetings Law

Formally: South Dakota Open Meetings Law

S.D. Codified Laws §§ 1-25-1 to 1-25-6

Read the statute →

Sunshine Score: 52/100 (moderate)
52/100

Sunshine Score

52/100
Limited
Methodology v0.1
Advance Notice 1 day, online posting required
Public Comment Required, remote allowed
Closed Sessions 5 permitted categories
Minutes Required
Recording Not required
Remote Participation Allowed
Enforcement Voidable, legislature exempt

Agenda & Notice Requirements

Regular Meetings
1 day
Special Meetings
1 day
Emergency Meetings
0 hours

Online posting: Required

Political subdivisions: post agenda 24 hours before meeting at principal office and on website; state entities: 3 business days (72 hours); notice must be visible, readable, and accessible

Agenda changes at meeting: Allowed — majority vote

Public Participation

Public Comment
Required
Written Comment
Not allowed

Time limits: No statutory time limit specified; public body has discretion to set reasonable time limits per topic and in total per S.D.C.L. § 1-25-1.

The public body shall reserve at every regularly scheduled official meeting a period for public comment. Time may be limited at the public body's discretion as to time per topic and total time, but cannot be so limited as to eliminate public comment entirely. Public comment is not required at meetings held solely for inauguration, swearing-in, or annual report presentations. S.D.C.L. § 1-25-1.

Virtual Meetings

Member Remote Participation
Allowed
Counts Toward Quorum
Yes
Public Remote Comment
Allowed

Allowed under SDCL § 1-25-1; official meetings may be conducted by teleconference. Quorum determined by roll call with members answering present via teleconference. Public must be provided access at one or more physical locations; telephonic/internet access required when fewer than quorum are physically present. All votes by roll call.

Closed Sessions

Closed (executive) sessions: Allowed under specific circumstances

Permitted Categories

Meeting Minutes

Minutes Required
Yes
Publication Deadline
14 days

Online posting: Not required

Content requirements: date, time, place, members present, all actions taken and votes by each member (SDCL § 1-25-1.2)

Recording & Broadcast

Recording Required
No
Broadcast Required
No

Enforcement

Violation Effect
Voidable
Standing to Sue
Any person
Enforcement Body
Circuit Court, State's Attorney

Scope

This law applies to:

  • City
  • County
  • School District
  • Special District

Legislature: Exempt (follows own rules)

Accessibility & Language Access

ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.

Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.

Sources & References

← Back to Open Meetings & Public Notice Laws

The specific rules for South Dakota may differ from this general description. Consult the full statute for details.