The bill amends South Dakota's open records law, specifically section 1-27-1.5, to clarify and expand the list of records that are exempt from public disclosure. The amendments include provisions that protect personal information related to students, medical records, trade secrets, attorney work product, and law enforcement records, among others. Notably, the bill specifies that records related to the presence of alcohol or drugs in bodily fluids, 911 recordings, and certain security-related information are not subject to disclosure if the public interest in nondisclosure outweighs the interest in disclosure. Additionally, the bill emphasizes the protection of archaeological, historical, and paleontological site information to prevent theft or vandalism.

Furthermore, the bill introduces new exemptions for records that could endanger personal safety, such as emergency response plans, and personal identifying information like social security numbers and financial account details. It also includes provisions for the confidentiality of employment applications for executive positions, records related to inmate disciplinary matters, and settlement agreements involving the South Dakota Investment Council or Retirement System, unless they result in a finding of liability. Overall, the bill aims to enhance the protection of sensitive information while maintaining transparency in government operations.

Statutes affected:
Introduced, 01/18/2026: 1-27-1.5
Enrolled, 03/03/2026: 1-27-1.5