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Lawmaker might push for presumption of openness

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WATERTOWN, - A state task force that worked on a proposal to make more government documents open to the public couldn't reach a consensus on language presuming that state records are open.

Now, task force member Nancy Turbak Berry of Watertown says she likely will push for legislation requiring that all state records are presumed open.

But Turbak Berry, a Democratic state senator, isn't optimistic about its chances.

"It's clear to me the task force will not be promoting in the near future any change that will bring a presumption of openness," she said.

The Open Government Task Force's final meeting for 2007 was held Thursday. The group is headed by Attorney General Larry Long.

After lawyers fine-tune the language in the task force's measure, its members will be asked whether they support it. Long said the proposal will be submitted to the 2008 Legislature only if all task force members back the bill.

The attorney general said the task force likely will coordinate its efforts with legislative leaders who are writing their own public records measure. "We almost have to sit down with leadership and meld it into what they're doing," Long said.

Senate Republican Leader Dave Knudson of Sioux Falls and House Republican Leader Larry Rhoden of Union Center are working with Gov. Mike Rounds on a measure that would define which records are open.

Turbak Berry said it's too bad the Republican leadership didn't work together on openness legislation forged by the task force.

"If you really wanted to make progress on open government and open records, I would think you would openly talk to the (state) attorney general and the task force," she said.

Turbak Berry said she's been pleased with the task force's work despite its diverse membership.

"The task force has not been hampered by partisan politics," she said. "I think it has been led and participated in in good faith, as far as I can tell, by everyone,"

Current state law generally provides that government records are open if an agency is required by law to keep those records. Other parts of the law specifically designate some records as closed because they deal with criminal investigations, business secrets and personal information on health and other subjects.

Another task force member, Hughes County Sheriff Mike Leidholt, said the group did make progress.

But he said there's no consensus on how many records should be opened to the public, adding that he wonders whether there ever will be.

Task force members' opinions range from making all records open to not allowing many records to be open, Leidholt said.

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