revise provisions pertaining to open records.

26.669.10 101st Legislative Session 94

2026 South Dakota Legislature
Senate Bill 94

Introduced by: Senator Carley

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions pertaining to open records. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 1-27-1.5 be AMENDED: 3
1-27-1.5. The following records are not subject to §§ 1-27-1, 1-27-1.1, 1-27-1.3, 4
and § 1-27-1.23: 5
(1) Personal information in records regarding any student, prospective student, or 6
former student of any educational institution , if such the records are maintained 7
by and in the possession of a public entity, other than routine directory information 8
specified and made public in accordance with 20 U.S.C. § 1232g as the law existed 9
on (January 1, 2009); 10
(2) Medical records, including all records of drug or alcohol testing, treatment, or 11
counseling, other than records of births and deaths. This, provided this subdivision 12
in no way abrogates or changes existing state and federal law pertaining to birth 13
and death records; 14
(3) Trade secrets, the specific details of bona fide research, applied research, or 15
scholarly or creative artistic projects being conducted at a school, postsecondary 16
institution, or laboratory funded in whole or in part by the state, and other 17
proprietary or commercial information which that if released would infringe 18
intellectual property rights, give advantage to business competitors, or serve no 19
material public purpose; 20
(4) Records which that consist of attorney work product or which are subject to any 21
privilege recognized in article V of chapter 19-19; 22
(5) Records developed or received by law enforcement agencies and other public bodies 23
charged with duties of investigation or examination of persons, institutions, or 24
businesses, if the records constitute a part of the examination, investigation, 25
intelligence information, citizen complaint or inquiry, informant identification, or 26
26.669.10 2 94
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strategic or tactical information used in law enforcement training . This, provided 1
this subdivision does: 2
(a) Does not apply to records so developed or received relating to the presence 3
of and amount or concentration of alcohol or drugs in any body fluid of any 4
person, and this subdivision does; 5
(b) Does not apply to a 911 recording or a transcript of a 911 recording if the 6
agency or a court determines that the public interest in disclosure outweighs 7
the interest in nondisclosure. This law in; and 8
(c) In no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial 9
privileges applying to the use of information from confidential informants; 10
(6) Appraisals or appraisal information and negotiation records concerning the purchase 11
or sale, by a public body, of any interest in real or personal property; 12
(7) Personnel information other than salaries and routine directory information . This, 13
provided this subdivision does not apply to the public inspection or copying of any 14
current or prior contract with any public employee and any related document that 15
specifies the consideration to be paid to the employee; 16
(8) Information pertaining to The following information regarding the protection of 17
public or private property and any person on or within public or private property 18
including persons or property: 19
(a) Any vulnerability assessment or response plan intended to prevent or 20
mitigate criminal acts; 21
(b) Emergency management or response; 22
(c) Public safety information that would create a substantial likelihood of 23
endangering public safety or property, if disclosed; 24
(d) Cyber security plans, computer or communications network schema, 25
passwords, or user identification names; 26
(e) Guard schedules; 27
(f) Lock combinations; and 28
(g) Any blueprint, building plan, or infrastructure record regarding any building 29
or facility that would expose or create vulnerability through disclosure of 30
the location, configuration, or security of critical systems of the building or 31
facility; 32
(9) The security standards, procedures, policies, plans, specifications, diagrams, access 33
lists, and other security-related records of the Gaming South Dakota Commission 34
on Gaming and those persons or entities with which the commission has entered 35
26.669.10 3 94
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into contractual relationships . Nothing, provided that nothing in this subdivision 1
allows the commission to withhold from the public any information relating to 2
amounts paid to persons or entities with which the commission has entered into 3
contractual relationships, amounts of prizes paid, the name of the prize winner, 4
and the municipality, or county where the prize winner resides; 5
(10) Personally identified private citizen account payment information, credit information 6
on others supplied in confidence, and customer lists; 7
(11) Records or portions of records kept by a publicly funded library which, when 8
examined with or without other records, reveal the identity of any library patron 9
using the library's materials or services; 10
(12) Correspondence, memoranda, calendars or logs of appointments, working papers, 11
and records of telephone calls of public officials or employees , which are not 12
maintained, stored, or retained by a public body on a publicly owned, operated, or 13
controlled system; 14
(13) Records or portions of records kept by public bodies , which would reveal the 15
location, character, or ownership of any known archaeological, historical, or 16
paleontological site in South Dakota , if necessary to protect the site from a 17
reasonably held fear of theft, vandalism, or trespass. This, provided this subdivision 18
does not apply to the release of information for the purpose of scholarly research, 19
examination by other public bodies for the protection of the resource or by 20
recognized tribes, or the federal Native American Graves Protection and 21
Repatriation Act, 25 U.S.C. §§ 3001 to 3013, inclusive (January 1, 2026); 22
(14) Records or portions of records kept by public bodies which that maintain collections 23
of archeological, historical, or paleontological significance, which nongovernmental 24
donors have requested to remain closed or which reveal the names and addresses 25
of donors of such the articles of archaeological, historical, or paleontological 26
significance, unless the donor approves disclosure , except as the , provided this 27
subdivision does not apply to records or portions thereof that may be needed to 28
carry out the purposes of the federal: 29
(a) The Native American Graves Protection and Repatriation Act , 25 U.S.C. 30
§§ 3001 to 3013, inclusive (January 1, 2026); and the 31
(b) The Archeological Resources Protection Act of 1979, 16 U.S.C. §§ 470aa to 32
470mm, inclusive (January 1, 2026); 33
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(15) Employment applications and related materials, except for applications and related 1
materials submitted by individuals hired into executive or policymaking positions 2
of any public body; 3
(16) Social security numbers; credit card, charge card, or debit card numbers and 4
expiration dates; passport numbers; driver license numbers; or other personally 5
identifying numbers or codes; and financial account numbers supplied to state and 6
local governments by citizens or held by state and local governments regarding 7
employees or contractors; 8
(17) Any emergency or disaster response plans or protocols, safety or security audits or 9
reviews, or lists of emergency or disaster response personnel or material; and any 10
location or listing of weapons or ammunition; nuclear, chemical, or biological 11
agents; or other military or law enforcement equipment or personnel; 12
(18) Any test questions, scoring keys, results, or other examination data for any 13
examination to obtain licensure, employment, promotion or reclassification, or 14
academic credit; 15
(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or 16
other personal records or documents of any public official or employee; 17
(20) Any document declared closed or confidential by court order, contract, or stipulation 18
of the parties to any civil or criminal action or proceeding, except as provided under 19
§ 1-27-1.23; 20
(21) Any list of names or other personally identifying data of occupants of camping or 21
lodging facilities from the Department of Game, Fish and Parks; 22
(22) Records which that, if disclosed, would constitute an unreasonable release of 23
personal information; 24
(23) Records which that, if released, could endanger the life or safety of any person; 25
(24) Internal agency record records or information received by agencies that are, which 26
are not required to be filed with such the agencies, if the records do not constitute 27
final statistical or factual tabulations, final instructions to staff that affect the public, 28
or final agency policy or determinations, or any completed state or federal audit 29
and if the information is not otherwise public under other state law, including 30
chapter 15-15A and § 1-26-21 information is not otherwise public under state law, 31
including chapter 15-15A and § 1-26-21, and if the records do not constitute: 32
(a) Final statistical or factual tabulations; 33
(b) Final instructions to staff, which affect the public; 34
(c) Final agency policy or determinations; or 35
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(d) Any completed state or federal audit; 1
(25) Records of individual children regarding commitment to the Department of 2
Corrections pursuant to chapters 26-8B and 26-8C; 3
(26) Records regarding inmate disciplinary matters pursuant to § 1-15-20, and records 4
regarding jail inmate disciplinary matters pursuant to § 24-11-23; 5
(27) Any other record made closed or confidential by state or federal statute or rule or 6
as necessary to participate in federal programs and benefits; 7
(28) A record of a settlement agreement or litigation regarding investment or bankruptcy 8
and involving the South Dakota Investment Council or the South Dakota 9
Retirement System, or both, unless the settlement or litigation results in a finding 10
of liability against the council or system, or both; and 11
(29) A record of a settlement agreement or litigation regarding medical services 12
involving any county hospital established under chapter 34-8 or any municipal 13
hospital established under chapter 34-9. 14