SB 47 — revise the requirements for executive sessions and closed meetings.

26.462.926.462.10 101st Legislative Session 47 South Dakota Legislature Senate Bill 47 IntroducedENROLLED by:A N A CT ENTITLED An Act to revise the requirements for executive sessions and closed meetings.

TheB ChairE ofIT theENACTED CommitteeBY onTHE LocalL GovernmentEGISLATURE atOF theTHE requestS ofTATE theOF AttorneyS GeneralOUTH AnD ActAKOTA to: revise the requirements for executive sessions and closed meetings.

BE IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :

Executive or closed meetings An executive session or closed meeting may be held only for the sole purposes of:

(1) Discussing the qualifications character, competence, fitness,performance,fitness, characterperformance, or fitness or qualifications of any current or prospective public officer or employeeemployee, ornot prospectiveincluding publican officerindependent orcontractor; employee.

The(2) term,Discussing employee,a doesstudent's: not include any, not including an independent contractor;

(2)(a) DiscussingDiscipline, theexpulsion, aor student's:suspension;

(a)(b) Discipline,Assignment expulsion, or suspension,educational discipline,program; assignment of or the;

(b) Assignment or educational program of a student or the eligibility of a student;

(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, when 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 public or private the propertyproperty: specific to:

Overstrikes(b) indicateEmergency deletedmanagement language.or response;

26.462.926.462.10 2 47 (b)(c) EmergencyPublic managementsafety information that would create a substantial likelihood of endangering public safety or response;property, if disclosed;

(c)(d) PublicCommunications safetynetwork informationschema, thatcomputer wouldsystems, createcyber asecurity substantialplans, likelihoodpasswords, of endangering public safety or property,user ifidentification disclosed;names;

(d) Cyber security plans, computer, communications Communications network schema, computer systems, cyber security plans, passwords, or user identification names;

and (g) Any blueprint, building plan, or infrastructure record regarding any building or facilityfacility, that, which would expose or create vulnerability through disclosure of the location, configuration, location, or security of critical systems of the building or facility;

and (h) Any (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;

any and (8) Discussing the location of or listing ofany: weapons or ammunition;

nuclear, chemical, or biological any:

or other (c) Other military or law enforcement equipment or personnel.

However, any official action concerning the matters pursuant to this section shall be made at an open official meeting.

An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion.

OverstrikesNothing indicatein deleted§ language.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.

26.462.9 3 47 Nothing in § 1-25-1 or this section prevents an executive session or closed meeting if the federal or state Constitution or the any federal or state statutes require or permit it statute permits or requires the session or meeting.

UnderscoresSB47 indicateENROLLED new26.462.10 language.3 47 An Act to revise the requirements for executive sessions and closed meetings.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

47 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

47 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB47 ENROLLED