A Senate committee voted Monday to kill legislation that would have narrowed an exemption in South Dakota’s open records law covering government emails and other correspondence stored on public computer systems.
The Senate State Affairs Committee voted 8–1 to defer Senate Bill 94 to the 41st legislative day, a procedural move that effectively kills the bill. Sen. Tom Pischke, R-Selby, cast the lone dissenting vote.
Bill Would Have Narrowed Correspondence Exemption
Sen. John Carley, R-Piedmont, sponsored the bill, which would have revised exemptions in state open records law. Under current law, correspondence, memoranda, calendars, and similar records of public officials are exempt from disclosure.
SB 94 would have narrowed that exemption by making such records subject to disclosure if they are maintained, stored, or retained on publicly owned or controlled computer systems.
Carley told the committee taxpayers should be able to review government work product created and stored on systems they pay for.
“Since the people are our bosses, and pay for our work, and own our work product, they should be able to check up on what we’re doing,” Carley said.
State Warns of Bureaucratic and Privacy Impacts
Katie Hruska of the governor’s office testified the proposal would significantly expand the scope of public records requests and require major changes to current practices.
“This would be a massive expansion of bureaucracy and a huge change to our policy and our practice today,” Hruska said.
Business and Local Governments Cite Chilling Effect
Bill Van Camp, representing the South Dakota Retailers Association, said the bill would discourage open communication between businesses and state agencies.
“The problem with a bill like this is it’s going to have a direct chilling effect on that openness and frankness that exists now between private business and industry and the government,” Van Camp said.
Supporters Argue Transparency Builds Trust
Rick Weibel of Elkton told the committee transparency benefits everyone.
“With transparency, it is the absolute inoculation to all conspiracy theories,” Weibel said.
Committee Sends Bill to 41st Day
Sen. Steve Kolbeck, R-Sioux Falls, made the motion to defer the bill to the 41st day. Sen. Ryan Deibert, R-Watertown, seconded the motion.
