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 former12 student of any educational institution if such records are maintained by and in the13 possession of a public entity, other than routine directory information specified and14 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 -SB made public consistent with 20 U. S.C. 1232g, as such section in accordance with 20 U.S.C. § 1232g as the law existed on January 1, 2009; (2)Medical records, including all records of drug or alcohol testing, treatment, or3 counseling, other than records of births and deaths. This law in no way abrogates or4 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 scholarly6 or creative artistic projects being conducted at a school, postsecondary institution or7 laboratory funded in whole or in part by the state, and other proprietary or8 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 privilege11 recognized in article V of chapter 19-19; (5)Records developed or received by law enforcement agencies and other public bodies13 charged with duties of investigation or examination of persons, institutions, or14 businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or16 strategic or tactical information used in law enforcement training. However, this17 subdivision does not apply to records so developed or received relating to the18 presence of and amount or concentration of alcohol or drugs in any body fluid of any19 person, and this subdivision does not apply to a 911 recording or a transcript of a 91120 recording, if the agency or a court determines that the public interest in disclosure21 outweighs the interest in nondisclosure. This law in no way abrogates or changes22 §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information23 from confidential informants;24 - 3 -SB (6)Appraisals or appraisal information and negotiation records concerning the purchase1 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 any4 current or prior contract with any public employee and any related document that5 specifies the consideration to be paid to the employee; (8)Information solely pertaining to the protection of the security of public or private7 property and persons any person on or within public or private property, such as specific, unique vulnerability assessments including: (a)Any vulnerability assessment or specific, unique response plans, either of which is plan intended to prevent or mitigate criminal acts, emergency; (b)Emergency management or response, or public; (c)Public safety, the public disclosure of which information that would create a13 substantial likelihood of endangering public safety or property, if disclosed; computer (d)Computer or communications network schema, passwords, and or user16 identification names; guard (e)Guard schedules; lock (f)Lock combinations; or any blueprints, building plans, or infrastructure records and (g)Any blueprint, building plan, or infrastructure record regarding any building21 or facility that would expose or create vulnerability through disclosure of the22 location, configuration, or security of critical systems of the building or facility;24 - 4 -SB (9)The security standards, procedures, policies, plans, specifications, diagrams, access1 lists, and other security-related records of the Gaming Commission and those persons2 or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any4 information relating to amounts paid persons or entities with which the commission5 has entered into contractual relationships, amounts of prizes paid, the name of the6 prize winner, and the municipality, or county where the prize winner resides; (10)Personally identified private citizen account payment information, credit information8 on others supplied in confidence, and customer lists; (11)Records or portions of records kept by a publicly funded library which, when10 examined with or without other records, reveal the identity of any library patron11 using the library's materials or services; (12)Correspondence, memoranda, calendars or logs of appointments, working papers, and13 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 paleontological16 site in South Dakota if necessary to protect the site from a reasonably held fear of17 theft, vandalism, or trespass. This subdivision does not apply to the release of18 information for the purpose of scholarly research, examination by other public bodies19 for the protection of the resource or by recognized tribes, or the federal Native20 American Graves Protection and Repatriation Act; (14)Records or portions of records kept by public bodies which maintain collections of22 archeological, historical, or paleontological significance which nongovernmental23 donors have requested to remain closed or which reveal the names and addresses of24 - 5 -SB donors of such articles of archaeological, historical, or paleontological significance1 unless the donor approves disclosure, except as the records or portions thereof may2 be needed to carry out the purposes of the federal Native American Graves Protection3 and Repatriation Act and the Archeological Resources Protection Act; (15)Employment applications and related materials, except for applications and related5 materials submitted by individuals hired into executive or policymaking positions of6 any public body; (16)Social security numbers; credit card, charge card, or debit card numbers and8 expiration dates; passport numbers, driver license numbers; or other personally9 identifying numbers or codes; and financial account numbers supplied to state and10 local governments by citizens or held by state and local governments regarding11 employees or contractors; (17)Any emergency or disaster response plans or protocols, safety or security audits or13 reviews, or lists of emergency or disaster response personnel or material; any location14 or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other15 military or law enforcement equipment or personnel; (18)Any test questions, scoring keys, results, or other examination data for any17 examination to obtain licensure, employment, promotion or reclassification, or18 academic credit; (19)Personal correspondence, memoranda, notes, calendars or appointment logs, or other20 personal records or documents of any public official or employee; (20)Any document declared closed or confidential by court order, contract, or stipulation22 of the parties to any civil or criminal action or proceeding except as provided under23 section 1 of this Act;24 - 6 -SB (21)Any list of names or other personally identifying data of occupants of camping or1 lodging facilities from the Department of Game, Fish and Parks; (22)Records which, if disclosed, would constitute an unreasonable release of personal3 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 to6 be filed with such agencies, if the records do not constitute final statistical or factual7 tabulations, final instructions to staff that affect the public, or final agency policy or8 determinations, or any completed state or federal audit and if the information is not9 otherwise public under other state law, including chapter 15-15A and § 1-26-21; (25)Records of individual children regarding commitment to the Department of11 Corrections pursuant to chapters 26-8B and 26-8C; (26)Records regarding inmate disciplinary matters pursuant to § 1-15-20; and (27)Any other record made closed or confidential by state or federal statute or rule or as14 necessary to participate in federal programs and benefits; and (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.19