2025 South Dakota Legislature
I was messaging a state legislator about some of the issues we are having with the Saddleback Road District, and this is one of the bills that was mentioned. I have to wonder if my numerous messages to state and county agencies had anything to do with this… or if there are many rogue districts which are ignoring laws and violating rights.
I had suggested required training via a video or in-person attendance, where somebody from the attorney general’s office takes an hour and discusses the Open Meeting Laws. Then another one for Open Records Laws, and then another one that pertains directly to that districts chapter of statutes. My suggestion was to then have a simple test of knowledge and understanding, and there would be no charge for this training and it would be available to regular citizens. Far too many regular people have no idea what their rights are or that the local board is violating them. However, this is a step in the right direction- this is the proposed bill.
An Act to require the publication and review of an explanation of the open meeting laws of this state.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 1-11-1 be AMENDED:
1-11-1. It is the duty of the attorney general:
(1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party;
(2) When requested by the Governor or either branch of the Legislature, or whenever, in the judgment of the attorney general, the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested;
(3) To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested;
(4) To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments;
(5) To consult with, advise, and exercise supervision over the several state’s attorneys of the state in matters pertaining to the duties of their office, and the attorney general shall be authorized and it is made the duty of the office, whenever in the attorney general’s judgment any opinion written by the attorney general will be of general interest and value, to mail either written or printed copies of such opinion to the auditor‑general and to every state’s attorney and county auditor in the state;
(6) When requested, to give an opinion in writing, without fee, upon all questions of law submitted to the attorney general by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer;
(7) When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state;
(8) To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of the office;
(9) To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with the office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state;
(10) To pay into the state treasury all moneys received by the attorney general, belonging to the state, immediately upon the receipt thereof;
(11) To prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections; and
(12) To attend to and perform any other duties which may from time to time be required by law; and
(13) To publish an explanation of the open meeting laws of this state, as found in chapter 1-25, on the attorney general’s website each year before January first.
Section 2. That a NEW SECTION be added to chapter 1-25:
Any agency, as defined in § 1-26-1, or political subdivision of this state that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25-1.3 must review the following at the first official meeting of the agency or subdivision each calendar year:
(1) The explanation of the open meeting laws of this state published by the attorney general, pursuant to § 1-11-1; and
(2) Any other material pertaining to the open meeting laws of this state provided by the attorney general.
Something to notice here is that it passed both chambers without any nays. It appears it is just the local boards, Like Saddle Back Road District Board, that wants to continue taking action in the dark.
