The amendment makes only minor technical and formatting corrections—changing internal statute references from 26.338.11 to 26.338.12, replacing archaic language like "which" with "that," removing an outdated date reference "as the law existed on," and updating the bill's header from "Introduced" to "ENROLLED" status. These are routine cleanup changes that do not substantively alter the bill's purpose of updating open records provisions.
26.338.11 26.338.12 101st Legislative Session 1092 2026 South Dakota Legislature House Bill 1092 Introduced by: Representative Fitzgerald Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to update 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 subdivision in no way 12 abrogates or changes existing state and federal law pertaining to birth and death 13 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 26.338.11 2 1092 Underscores indicate new language. Overstrikes indicate deleted language. strategic or tactical information used in law enforcement training. This subdivision 1 26.338.12 2 1092 HB1092 ENROLLED does not apply to records so developed or received relating to the presence of and 2 amount or concentration of alcohol or drugs in any body fluid of any person, and 3 this subdivision does not apply to a 911 recording or a transcript of a 911 recording 4 if the agency or a court determines that the public interest in disclosure outweighs 5 the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 6 and 23-5-11 or testimonial privileges applying to the use of information from 7 confidential informants; 8 (6) Appraisals or appraisal information and negotiation records concerning the purchase 9 or sale, by a public body, of any interest in real or personal property; 10 (7) Personnel information other than salaries and routine directory information. This 11 subdivision does not apply to the public inspection or copying of any current or 12 prior contract with any public employee and any related document that specifies 13 the consideration to be paid to the employee; 14 (8) Information pertaining to the protection of public or private property and any person 15 on or within public or private property including specific to: 16 (a) Any vulnerability assessment or response plan intended to prevent or 17 mitigate criminal acts; 18 (b) Emergency management or response; 19 (c) Public safety information that would create a substantial likelihood of 20 endangering public safety or property, if disclosed; 21 (d) Cyber security plans, computer or communications network schema, 22 passwords, or user identification names; 23 (e) Guard schedules; 24 (f) Lock combinations; and 25 (g) Any blueprint, building plan, or infrastructure record regarding any building 26 or facility that would expose or create vulnerability through disclosure of 27 the location, configuration, or security of critical systems of the building or 28 facility; 29 (9) The security standards, procedures, policies, plans, specifications, diagrams, access 30 lists, and other security-related records of the Gaming South Dakota Commission 31 on Gaming and those persons or entities with which the commission has entered 32 into contractual relationships. Nothing in this subdivision allows the commission to 33 withhold from the public any information relating to amounts paid to persons or 34 entities with which the commission has entered into contractual relationships, 35 26.338.11 26.338.12 3 1092 Underscores indicate new language. Overstrikes indicate deleted language. HB1092 ENROLLED amounts of prizes paid, the name of the prize winner, and the municipality, municipality or 1 county where the prize winner resides; 2 (10) Personally identified private citizen account payment information, credit information 3 on others supplied in confidence, and customer lists; 4 (11) Records or portions of records kept by a publicly funded library which, when 5 examined with or without other records, reveal the identity of any library patron 6 using the library's materials or services; 7 (12) Correspondence, memoranda, calendars or logs of appointments, working papers, 8 and records of telephone calls of public officials or employees; 9 (13) Records or portions of records kept by public bodies, which would reveal the 10 location, character, or ownership of any known archaeological, historical, or 11 paleontological site in South Dakota, if necessary to protect the site from a 12 reasonably held fear of theft, vandalism, or trespass. This subdivision does not 13 apply to the release of information for the purpose of scholarly research, 14 examination by other public bodies for the protection of the resource or by 15 recognized tribes, or the federal Native American Graves Protection and 16 Repatriation Act, 25 U.S.C. §§ 3001 to 3013, inclusive (January 1, 2026); 17 (14) Records or portions of records kept by public bodies which that maintain collections 18 of archeological, historical, or paleontological significance, which nongovernmental 19 donors have requested to remain closed or which reveal the names and addresses 20 of donors of such the articles of archaeological, historical, or paleontological 21 significance, unless the donor approves disclosure, except as the, provided this 22 subdivision does not apply to records or portions thereof that may be needed to 23 carry out the purposes of the federal: 24 of: (a) The Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 25 3001 to 3013, inclusive (January 1, 2026); and the 26 (b) The Archeological Resources Protection Act of 1979, 16 U.S.C. § 470aa, et 27 seq., (January 1, 2026); 28 (15) Employment applications and related materials, except for applications and related 29 materials submitted by individuals hired into executive or policymaking positions 30 of any public body; 31 (16) Social security numbers; credit card, charge card, or debit card numbers and 32 expiration dates; passport numbers; driver license numbers; or other personally 33 identifying numbers or codes; and financial account numbers supplied to state and 34 26.338.11 4 1092 Underscores indicate new language. Overstrikes indicate deleted language. local governments by citizens or held by state and local governments regarding 1 employees or contractors; 2 26.338.12 4 1092 HB1092 ENROLLED (17) Any emergency or disaster response plans or protocols, safety or security audits or 3 reviews, or lists of emergency or disaster response personnel or material; any 4 location or listing of weapons or ammunition; nuclear, chemical, or biological 5 agents; or other military or law enforcement equipment or personnel; 6 (18) Any test questions, scoring keys, results, or other examination data for any 7 examination to obtain licensure, employment, promotion or reclassification, or 8 academic credit; 9 (19) Personal correspondence, memoranda, notes, calendars or appointment logs, or 10 other personal records or documents of any public official or employee; 11 (20) Any document declared closed or confidential by court order, contract, or stipulation 12 of the parties to any civil or criminal action or proceeding, except as provided under 13 § 1-27-1.23; 14 (21) Any list of names or other personally identifying data of occupants of camping or 15 lodging facilities from the Department of Game, Fish and Parks; 16 (22) Records which that, if disclosed, would constitute an unreasonable release of 17 personal information; 18 (23) Records which that, if released, could endanger the life or safety of any person; 19 (24) Internal agency record records or information received by agencies that are, agencies, which 20 are not required to be filed with such the agencies, if the records do not constitute 21 final statistical or factual tabulations, final instructions to staff that affect the public, 22 or final agency policy or determinations, or any completed state or federal audit 23 and if the information is not otherwise public under other state law, including 24 chapter 15-15A and § 1-26-21 information is not otherwise public under state law, 25 including chapter 15-15A and § 1-26-21, and if the records do not constitute: 26 (a) Final statistical or factual tabulations; 27 (b) Final instructions to staff, which affect the public; 28 (c) Final agency policy or determinations; or 29 (d) Any completed state or federal audit; 30 (25) Records of individual children regarding commitment to the Department of 31 Corrections pursuant to chapters 26-8B and 26-8C; 32 (26) Records regarding inmate disciplinary matters pursuant to § 1-15-20, and records 33 regarding jail inmate disciplinary matters pursuant to § 24-11-23; 34 26.338.11 5 1092 Underscores indicate new language. Overstrikes indicate deleted language. (27) Any other record made closed or confidential by state or federal statute or rule or 1 as necessary to participate in federal programs and benefits; 2 (28) A record of a settlement agreement or litigation regarding investment or bankruptcy 3 and involving the South Dakota Investment Council or the South Dakota 4 Retirement System, or both, unless the settlement or litigation results in a finding 5 of liability against the council or system, or both; and 6 26.338.12 5 1092 HB1092 ENROLLED (29) A record of a settlement agreement or litigation regarding medical services 7 involving any county hospital established under chapter 34-8 or any municipal 8 hospital established under chapter 34-9. 9 26.338.12 6 1092 HB1092 ENROLLED An Act to update provisions pertaining to open records. I certify that the attached Act originated in the: House as Bill No. 1092 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1092 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State