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26.462.10 101st Legislative Session 47
2026 South Dakota Legislature
Senate Bill 47
ENROLLED
AN ACT
ENTITLED An Act to revise the requirements for executive sessions and closed
meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-2 be AMENDED:
1-25-2. An executive session or closed meeting may be held only for the purposes
of:
(1) Discussing the character, competence, fitness, performance, or qualifications of
any current or prospective public officer or employee, not including an independent
contractor;
(2) Discussing a student's:
(a) Discipline, expulsion, or suspension;
(b) Assignment or educational program; or
(c) Eligibility to participate in interscholastic activities provided by the South
Dakota High School Activities Association;
(3) Consulting with legal counsel, or reviewing communications from legal counsel,
about proposed or pending litigation or contractual matters;
(4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
(5) Discussing marketing or pricing strategies by a board or commission of a business
that is owned by the state or any of its political subdivisions, if public discussion
may be harmful to the competitive position of the business; or
(6) Discussing the following information pertaining to the protection of public or private
property and any person on or within the property:
(a) Any vulnerability assessment or response plan intended to prevent or
mitigate criminal acts;
(b) Emergency management or response;
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(c) Public safety information that would create a substantial likelihood of
endangering public safety or property, if disclosed;
(d) Communications network schema, computer systems, cyber security plans,
passwords, or user identification names;
(e) Guard schedules;
(f) Lock combinations; and
(g) Any blueprint, building plan, or infrastructure record regarding any building
or facility, which would expose or create vulnerability through disclosure of
the configuration, location, or security of critical systems of the building or
facility;
(7) Discussing any emergency or disaster response plans or protocols, safety or
security audits or reviews, or lists of emergency or disaster response personnel or
material; and
(8) Discussing the location of or listing any:
(a) Ammunition or weapons;
(b) Biological, chemical, or nuclear agents; or
(c) Other military or law enforcement equipment or personnel.
An executive session or closed meeting may be held only upon a majority vote of
the members of the public body present and voting at an otherwise open official meeting.
In the absence of a unanimous vote, any vote to enter executive session must be
taken by roll call. A motion to enter executive session must state the applicable subdivision
in this section, or any other applicable law, pursuant to which the executive sess ion is to
be held. The motion and vote to enter executive session must be reported in the minutes
of the proceedings. Discussion during executive session is restricted to the purpose
specified in the motion to enter executive session.
Any official action concerning the matters considered pursuant to this section must
be taken at an open official meeting.
Nothing in § 1-25-1 or this section prevents an executive session or closed meeting
if the federal or state Constitution or any federal or state statute permits or requires the
session or meeting.
A violation of this section is a Class 2 misdemeanor.
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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