Bill > SB94

This bill amends existing South Dakota law to clarify which records are not subject to open records requests, meaning they can be kept private. It makes several changes to the list of exemptions, including specifying that "student" records refer to those maintained by a public entity, clarifying that medical records exemptions do not change existing laws on birth and death records, and refining the definition of trade secrets and proprietary information that can be withheld. The bill also updates language regarding attorney work product and privileges, modifies exemptions for law enforcement records to include specific exceptions for alcohol/drug testing and 911 recordings, and clarifies exemptions for property purchase negotiations and personnel information. It expands exemptions for public safety and security by including specific details about vulnerability assessments, emergency plans, cybersecurity information, and guard schedules, and updates the exemption for records of the South Dakota Commission on Gaming to include entities with contractual relationships, while still requiring disclosure of payment amounts and prize winner information. The bill also clarifies exemptions for library patron records, personal records of public officials, and records related to archaeological or historical sites, including specific federal acts. It further refines exemptions for employment applications, personally identifying numbers, emergency response plans, test data, and internal agency records, with specific conditions for when these internal records can be withheld. Finally, it adds new exemptions for records related to children committed to the Department of Corrections, inmate disciplinary matters, settlement agreements for investment or bankruptcy involving state retirement systems, and settlement agreements for medical services involving county or municipal hospitals.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/26968