HB 1092 — update provisions pertaining to open records.

26.338.1126.338.12 101st Legislative Session 1092 South Dakota Legislature House Bill 1092 IntroducedENROLLED by:A N A CT ENTITLED An Act to update provisions pertaining to open records.

RepresentativeB FitzgeraldE AnIT ActENACTED toBY updateTHE provisionsLEGISLATURE pertainingOF toTHE openSTATE records.OF S OUTH D AKOTA :

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

(1) Personal information in records regarding any student, prospective student, or former student of any educational institution, if such 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 as the law existed on (January 1, 2009);

(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 which that if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;

(4) Records which that consist of attorney work product or which 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 Overstrikesstrategic indicateor deletedtactical language.information used in law enforcement training.

26.338.11This subdivision 26.338.12 2 1092 strategicdoes not apply to records so developed or tacticalreceived informationrelating usedto the presence of and amount or concentration of alcohol or drugs in lawany enforcementbody training.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 subdivision 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.

(8) Information pertaining to the protection of public or private property and any person on or within public or private property including specific to:

(9) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming South Dakota Commission on Gaming and those persons or entities with which the commission has entered into contractual relationships.

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, OverstrikesHB1092 indicateENROLLED deleted26.338.12 language.3 1092 amounts of prizes paid, the name of the prize winner, and the municipality or county where the prize winner resides;

26.338.11 3 1092 amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides;

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 federal Native American Graves Protection and Repatriation Act, 25 U.S.C.

(14) Records or portions of records kept by public bodies which 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 such the articles of archaeological, historical, or paleontological significance, unless the donor approves disclosure, except as the, provided this subdivision does not apply to records or portions thereof that may be needed to carry out the purposes ofof: the federal:

and the (b) The Archeological Resources Protection Act of 1979, 16 U.S.C.

and financial account numbers supplied to state and Overstrikeslocal indicategovernments deletedby language.citizens or held by state and local governments regarding employees or contractors;

26.338.11HB1092 ENROLLED 26.338.12 4 1092 local(17) governmentsAny byemergency citizensor disaster response plans or heldprotocols, bysafety stateor andsecurity localaudits governmentsor regardingreviews, employeesor lists of emergency or contractors;disaster response personnel or material;

(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;

(22) Records which that, if disclosed, would constitute an unreasonable release of personal information;

(23) Records which that, if released, could endanger the life or safety of any person;

(24) Internal agency record records or information received by agenciesagencies, that are, which are not required to be filed with such the agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21 information is not otherwise public under state law, including chapter 15-15A and § 1-26-21, and if the records do not constitute:

Overstrikes(27) indicateAny deletedother language.record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;

26.338.11 5 1092 (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;

and HB1092 ENROLLED 26.338.12 5 1092 (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.

UnderscoresHB1092 indicateENROLLED new26.338.12 language.6 1092 An Act to update provisions pertaining to open records.

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

at ____________M.

House as Bill No.

1092 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:

Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:

at _________ o'clock __M.

Secretary of the Senate Secretary of State House Bill No.

1092 By File No.

____ Asst.

Secretary of State Chapter No.

______ HB1092 ENROLLED