One open-records bill fails, another passes

State legislative committee rejects "presumption of openness"

By Bill Harlan, Journal staff | Wednesday, February 20, 2008

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PIERRE – A legislative committee killed a bill Wednesday that would have changed state law to make all government records open unless specifically closed.

Committee Chairman Larry Rhoden, R-Union Center, voting with the 7 to 6 majority, said constituents he's talked to agreed that SB189 went too far.

Rhoden cited the Sioux Falls Argus-Leader, which collected the names of South Dakotans who had concealed weapons permits just before a new state law went into effect making those records private.

“That created a great deal of heartburn with me,” Rhoden said.

Sen. Nancy Turbak Berry, D-Watertown, the main sponsor of the bill, argued that the measure would only bring South Dakota in line with the 49 states that have similar laws. South Dakota law says records are open only if state law requires they be kept. “It’s an unusual and irrational hurdle,” Turbak Berry said.

Turbak Berry also said two sections of the bill would prevent the “unwarranted release” of personal or proprietary information or information that might endanger the public or cause “irreparable harm” to individuals.

Gov. Mike Rounds also opposes the bill, and Turbak Berry said opponents had distributed a “scare sheet” claiming personal privacy would be at risk. “That’s not true,” she said. “Individual privacy is still protected under state statutes and regulations.”

State Bureau of Administration Commissioner Jeff Bloomberg, representing the Rounds administration, said the bill opened records for any “public entity,” which he said might include any organization or even a business that had contracts with the state. “Someone said publishing minutes from a meeting was a governmental function and therefore newspapers would be a public entity,” he said.

The Senate earlier this month had passed the measure, but this morning's committee vote sends it to the 36th legislative day, which in this year's 35-day session in effect kills it.

Gov. Mike Rounds opposed the legislation.

The committee did, however, pass SB186, which establishes a quick, inexpensive civil procedure for appealing the decision of a government official to withhold a government record. The Board of Hearing Examiners would hear the appeals.

SB186 goes to the House floor with a unanimous "do pass" recommendation.

Contact Bill Harlan at 394-8424 or at bill.harlan@rapidcityjournal.com