update provisions pertaining to open records.

26.338.12 101st Legislative Session 1092

2026 South Dakota Legislature
House Bill 1092
ENROLLED

AN ACT

ENTITLED An Act to update provisions pertaining to open records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-27-1.5 be AMENDED:
1-27-1.5. The following records are not subject to §§ 1-27-1, 1-27-1.1, 1-27-1.3,
and § 1-27-1.23:
(1) Personal information in records regarding any student, prospective student, or
former student of any educational institution, if the records are maintained by and
in the possession of a public entity, other than routine directory information
specified and made public in accordance with 20 U.S.C. § 1232g (January 1, 2009);
(2) Medical records, including all records of drug or alcohol testing, treatment, or
counseling, other than records of births and deaths. This subdivision in no way
abrogates or changes existing state and federal law pertaining to birth and death
records;
(3) Trade secrets, the specific details of bona fide research, applied research, or
scholarly or creative artistic projects being conducted at a school, postsecondary
institution, or laboratory funded in whole or in part by the state, and other
proprietary or commercial information that if released would infringe intellectual
property rights, give advantage to business competitors, or serve no material
public purpose;
(4) Records that consist of attorney work product or are subject to any privilege
recognized in article V of chapter 19-19;
(5) Records developed or received by law enforcement agencies and other public bodies
charged with duties of investigation or examination of persons, institutions, or
businesses, if the records constitute a part of the examination, investigation,
intelligence information, citizen complaint or inquiry, informant identification, or
strategic or tactical information used in law enforcement training. This subdivision
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does not apply to records so developed or received relating to the presence of and
amount or concentration of alcohol or drugs in any body fluid of any person, and
this subdivision does not apply to a 911 recording or a transcript of a 911 recording
if the agency or a court determines that the public interest in disclosure outweighs
the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7
and 23-5-11 or testimonial privileges applying to the use of information from
confidential informants;
(6) Appraisals or appraisal information and negotiation records concerning the purchase
or sale, by a public body, of any interest in real or personal property;
(7) Personnel information other than salaries and routine directory information. This
subdivision does not apply to the public inspection or copying of any current or
prior contract with any public employee and any related document that specifies
the consideration to be paid to the employee;
(8) Information pertaining to the protection of public or private property and any person
on or within public or private property specific to:
(a) Any vulnerability assessment or response plan intended to prevent or
mitigate criminal acts;
(b) Emergency management or response;
(c) Public safety information that would create a substantial likelihood of
endangering public safety or property, if disclosed;
(d) Cyber security plans, computer or communications network schema,
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 that would expose or create vulnerability through disclosure of
the location, configuration, or security of critical systems of the building or
facility;
(9) The security standards, procedures, policies, plans, specifications, diagrams, access
lists, and other security -related records of the South Dakota Commission on
Gaming and those persons or entities with which the commission has entered into
contractual r elationships. Nothing in this subdivision allows the commission to
withhold from the public any information relating to amounts paid to persons or
entities with which the commission has entered into contractual relationships,
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amounts of prizes paid, the name of the prize winner, and the municipality or
county where the prize winner resides;
(10) Personally identified private citizen account payment information, credit information
on others supplied in confidence, and customer lists;
(11) Records or portions of records kept by a publicly funded library which, when
examined with or without other records, reveal the identity of any library patron
using the library's materials or services;
(12) Correspondence, memoranda, calendars or logs of appointments, working papers,
and records of telephone calls of public officials or employees;
(13) Records or portions of records kept by public bodies, which would reveal the
location, character, or ownership of any known archaeological, historical, or
paleontological site in South Dakota, if necessary to protect the site from a
reasonably held fear o f theft, vandalism, or trespass. This subdivision does not
apply to the release of information for the purpose of scholarly research,
examination by other public bodies for the protection of the resource or by
recognized tribes, or the Native American Graves Protection and Repatriation Act,
25 U.S.C. §§ 3001 to 3013, inclusive (January 1, 2026);
(14) Records or portions of records kept by public bodies that maintain collections of
archeological, historical, or paleontological significance, which nongovernmental
donors have requested to remain closed or which reveal the names and addresses
of donors of the articles of archaeological, historical, or paleontological significance,
unless the donor approves disclosure, provided this subdivision does not apply to
records that may be needed to carry out the purposes of:
(a) The Native American Graves Protection and Repatriation Act, 25 U.S.C.
§§ 3001 to 3013, inclusive (January 1, 2026); and
(b) The Archeological Resources Protection Act of 1979, 16 U.S.C. § 470aa, et
seq., (January 1, 2026);
(15) Employment applications and related materials, except for applications and related
materials submitted by individuals hired into executive or policymaking positions
of any public body;
(16) Social security numbers; credit card, charge card, or debit card numbers and
expiration dates; passport numbers; driver license numbers; or other personally
identifying numbers or codes; and financial account numbers supplied to state and
local governments by citizens or held by state and local governments regarding
employees or contractors;
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(17) 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
location or listing of weapons or ammunition; nuclear, chemical, or biological
agents; or other military or law enforcement equipment or personnel;
(18) Any test questions, scoring keys, results, or other examination data for any
examination to obtain licensure, employment, promotion or reclassification, or
academic credit;
(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or
other personal records or documents of any public official or employee;
(20) Any document declared closed or confidential by court order, contract, or stipulation
of the parties to any civil or criminal action or proceeding, except as provided under
§ 1-27-1.23;
(21) Any list of names or other personally identifying data of occupants of camping or
lodging facilities from the Department of Game, Fish and Parks;
(22) Records that, if disclosed, would constitute an unreasonable release of personal
information;
(23) Records that, if released, could endanger the life or safety of any person;
(24) Internal agency records or information received by agencies, which are not required
to be filed with the agencies, if the information is not otherwise public under state
law, including chapter 15-15A and § 1-26-21, and if the records do not constitute:
(a) Final statistical or factual tabulations;
(b) Final instructions to staff, which affect the public;
(c) Final agency policy or determinations; or
(d) Any completed state or federal audit;
(25) Records of individual children regarding commitment to the Department of
Corrections pursuant to chapters 26-8B and 26-8C;
(26) Records regarding inmate disciplinary matters pursuant to § 1-15-20, and records
regarding jail inmate disciplinary matters pursuant to § 24-11-23;
(27) Any other record made closed or confidential by state or federal statute or rule or
as necessary to participate in federal programs and benefits;
(28) A record of a settlement agreement or litigation regarding investment or bankruptcy
and involving the South Dakota Investment Council or the South Dakota
Retirement System, or both, unless the settlement or litigation results in a finding
of liability against the council or system, or both; and
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(29) A record of a settlement agreement or litigation regarding medical services
involving any county hospital established under chapter 34-8 or any municipal
hospital established under chapter 34-9.
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An Act to update provisions pertaining to open records.

I certify that the attached Act originated in
the:

House as Bill No. 1092

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1092
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