The following records are not subject to §§ 1-27-1, 1-27-1.1, and 1-27-1.3: (1)Personal information in records regarding any student, prospective student, or former6 student of any educational institution if such records are maintained by and in the7 possession of a public entity, other than routine directory information specified and8 made public consistent with 20 U. S.C. 1232g, as such section existed on January 1, 2009; (2)Medical records, including all records of drug or alcohol testing, treatment, or11 counseling, other than records of births and deaths. This law subdivision in no way12 abrogates or changes existing state and federal law pertaining to birth and death13 records; 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1244 (3)Trade secrets, the specific details of bona fide research, applied research, or scholarly1 or creative artistic projects being conducted at a school, postsecondary institution or2 laboratory funded in whole or in part by the state, and other proprietary or3 commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose; (4)Records which consist of attorney work product or which are subject to any privilege6 recognized in article V of chapter 19-19; (5)Records developed or received by law enforcement agencies and other public bodies8 charged with duties of investigation or examination of persons, institutions, or9 businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or11 strategic or tactical information used in law enforcement training. However, this12 subdivision does not apply to records so developed or received relating to the13 presence of and amount or concentration of alcohol or drugs in any body fluid of any14 person, and this subdivision does not apply to a 911 recording or a transcript of a 91115 recording, if the agency or a court determines that the public interest in disclosure16 outweighs the interest in nondisclosure. This law subdivision in no way abrogates or17 changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of18 information from confidential informants; (6)Appraisals or appraisal information and negotiation records concerning the purchase20 or sale, by a public body, of any interest in real or personal property; (7)Personnel information other than salaries and routine directory information. However, this subdivision does not apply to the public inspection or copying of any23 current or prior contract with any public employee and any related document that24 - 3 -HB 1244 specifies the consideration to be paid to the employee; (8)Information solely pertaining to protection of the security of public or private2 property and persons on or within public or private property, such as specific, unique3 vulnerability assessments or specific, unique response plans, either of which is4 intended to prevent or mitigate criminal acts, emergency management or response, or public safety, the public disclosure of which would create a substantial likelihood6 of endangering public safety or property; computer or communications network7 schema, passwords, and user identification names; guard schedules; lock8 combinations; or any blueprints, building plans, or infrastructure records regarding9 any building or facility that expose or create vulnerability through disclosure of the10 location, configuration, or security of critical systems; (9)The security standards, procedures, policies, plans, specifications, diagrams, access12 lists, and other security-related records of the Gaming Commission and those persons13 or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any15 information relating to amounts paid persons or entities with which the commission16 has entered into contractual relationships, amounts of prizes paid, the name of the17 prize winner, and the municipality, or county where the prize winner resides; (10)Personally identified private citizen account payment information, credit information19 on others supplied in confidence, and customer lists; (11)Records or portions of records kept by a publicly funded library which, when21 examined with or without other records, reveal the identity of any library patron22 using the library's materials or services; (12)Correspondence, memoranda, calendars or logs of appointments, working papers, and24 - 4 -HB 1244 records of telephone calls of public officials or employees. However, this subdivision does not apply to state agency officials and 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 paleontological4 site in South Dakota if necessary to protect the site from a reasonably held fear of5 theft, vandalism, or trespass. This subdivision does not apply to the release of6 information for the purpose of scholarly research, examination by other public bodies7 for the protection of the resource or by recognized tribes, or the federal Native8 American Graves Protection and Repatriation Act; (14)Records or portions of records kept by public bodies which maintain collections of10 archeological, historical, or paleontological significance which nongovernmental11 donors have requested to remain closed or which reveal the names and addresses of12 donors of such articles of archaeological, historical, or paleontological significance13 unless the donor approves disclosure, except as the records or portions thereof may14 be needed to carry out the purposes of the federal Native American Graves Protection15 and Repatriation Act and the Archeological Resources Protection Act; (15)Employment applications and related materials, except for applications and related17 materials submitted by individuals hired into executive or policymaking positions of18 any public body; (16)Social security numbers; credit card, charge card, or debit card numbers and20 expiration dates; passport numbers, driver license numbers; or other personally21 identifying numbers or codes; and financial account numbers supplied to state and22 local governments by citizens or held by state and local governments regarding23 employees or contractors;24 - 5 -HB 1244 (17)Any emergency or disaster response plans or protocols, safety or security audits or1 reviews, or lists of emergency or disaster response personnel or material; any location2 or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other3 military or law enforcement equipment or personnel; (18)Any test questions, scoring keys, results, or other examination data for any5 examination to obtain licensure, employment, promotion or reclassification, or6 academic credit; (19)Personal correspondence, memoranda, notes, calendars or appointment logs, or other8 personal records or documents of any public official or employee. However, this subdivision does not apply to officials and employees of state agencies; (20)Any document declared closed or confidential by court order, contract, or stipulation11 of the parties to any civil or criminal action or proceeding; (21)Any list of names or other personally identifying data of occupants of camping or13 lodging facilities from the Department of Game, Fish and Parks; (22)Records which, if disclosed, would constitute an unreasonable release of personal15 information; (23)Records which, if released, could endanger the life or safety of any person; (24)Internal agency record or information received by agencies that are not required to be filed with such 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; (25)Records of individual children regarding commitment to the Department of23 Corrections pursuant to chapters 26-8B and 26-8C;24 - 6 -HB 1244 (26)(25)Records regarding inmate disciplinary matters pursuant to § 1-15-20; and1 (27)(26)Any other record made closed or confidential by state or federal statute or rule2 or as necessary to participate in federal programs and benefits.