South Dakota transparency legislation
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This page covers legislation related to transparency in government proposed in South Dakota.
2009
House Bill 1135: Authorizing Posting on the Internet
House Bill 1135[1] was introduced on January 29, 2009, and it seeks to authorize the state and any municipality, county or school district to maintain an official website.[1]
Senate Bill 143: Creating a Public Records website
Senate Bill 143,[2] proposed by Sen. Jason Gant (R-Sioux Falls) and signed into law by Governor Mike Rounds on March 30, 2009 requires the continued operation of Open South Dakota.[3] SB 143 requires the state to maintain a searcheable website that provides public access to the financial information of the state, municipalities, counties, school districts and other political subdivisions.[2]
Senate Bill 144: Requiring State Contracts to be Posted Online
Senate Bill 144,[4] proposed by Sen. Gant was signed into law by Governor Rounds on March 30, 2009. The bill requires all state contracts involving the expenditure of money to be posted online on the Open South Dakota website.[4]
Senate Bill 147: Public Access to Records
In 2008, the Better Government Association ranked South Dakota as 50th in the nation for transparency.[5] However, things began to around for South Dakota when Governor Rounds signed Senate Bill 147[6] on March 30, 2009.[7] Prior to the passage of SB 147, the prevailing presumption in South Dakota was that all public records were confidential with the burden of proof resting on a requestor to prove that he or should have access to a certain record.[5] Once the bill goes into effect on June 1, 2009, South Dakota will join the majority of states where the presumption is that all records are public unless specifically exempted as confidential.[5]
The bill lists approximately 25 specific types of records as exempt from ready disclosure. These include such things as medical and personnel records, litigation documents, the phone records and memoranda of legislators, and some financial information from private entities seeking to do business with the state.[8]
Reaction to the bill
SB 147 has garnered praise from the South Dakota Newspaper Association and the Argus Leader Executive Editor Maricarrol Kueter.[9] Kueter said: "The bill is a giant step forward in openness and would bring our state in line with most other states in transparency. Knudson has done an excellent job."[9] The editorial board of the Daily Republic have endorsed SB 147, asking "Who could vote “No” on Senate Bill 147?"[10] Meanwhile, Yvonne Taylor, an official with the South Dakota Municipal League, suggests that the bill goes too far, and that her group will support it only with exceptions built in.[11]
Footnotes
- ↑ 1.0 1.1 Text of HB 1135
- ↑ 2.0 2.1 Text of SB 143
- ↑ South Dakota Legislature, 2009 Session - Bill History
- ↑ 4.0 4.1 Text of SB 144
- ↑ 5.0 5.1 5.2 The Volante, South Dakota Amends State Records Statute, April 1, 2009 (dead link)
- ↑ Text of SB 147
- ↑ South Dakota Legislature, 2009 Session - Bill History
- ↑ Measure calls for open records, Argus Leader, January 30, 2009
- ↑ 9.0 9.1 Measure calls for open records, Argus Leader, January 30, 2009
- ↑ No good reason to oppose government transparency, Daily Republic, February 7, 2009
- ↑ Open records debate on tap, Associated Press, February 16, 2009
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