A glimmer of sunshine

We’re delighted with Senator Dave Knudson’s leadership in getting a new open records law through the South Dakota Senate. The Republican leader from Sioux Falls introduced SB-147 in late January, and it has cleared the Senate – unanimously – and now awaits action in the House.

The legislation is important because it introduces a fresh new perspective regarding public records: unless there’s good reason to keep them closed, all public records are open for public scrutiny!

That would be a big change for South Dakota, which has one of the most restrictive laws in the country. Admittedly, SB-147 has a long list of records that would remain closed, and some of those provisions are vague enough that officials can still probably keep a lid on some information that should be made public, but we still support the bill because of its presumption of all records being open.

How the House and Governor Rounds will handle SB-147 is uncertain. Its bipartisan group of co-sponsors, ranging from Senators Adelstein and Heidepriem to Representatives Hunhoff and Faehn, bode well for the measure.

Rounds has been a staunch opponent of previous open records initiatives, and he managed to exert enough influence to get an open records bill killed last year. Early this session, reporter Bob Mercer quoted the Governor as saying that changing the law could inadvertently disclose personal information about private citizens that “a bureaucrat” had gathered.

Personal privacy is a valid concern, and Knudson and his co-authors have done a good job in SB-147 of protecting privacy; witness the laundry list of items that would remain closed.

Perhaps the Governor should be just as concerned about bad and potentially embarrassing government activities that public documents could reveal – but that are kept under wraps by “a bureaucrat” who wants to protect himself or his bosses.

Can you say “no-bid contracts”?

...into the sunshine: SB-147

We were pleasantly surprised Thursday (1/29) to see a new open records measure introduced by State Senator Dave Knudson and a bi-partisan group of legislative leaders. SB-147 emerges with the presumption that public documents should be accessible to the public unless there is ample justification for keeping them confidential.

That's light years ahead of existing law, which basically presumes that records are closed to the public unless specifically identified as "open." There are lots of exceptions in this new measure -- maybe too many -- but it's a big step in the right direction for South Dakota.

Congratulations to Senators Knudson, Heidepriem, Rhoden, Turbak Berry, and several other legislators in both the Senate and House for stepping forward with this important piece of legislation.

Take a look at SB-147.

I think the legislature will pass this bill -- or some form of it -- this session. But don't expect the Governor to sign it with a smile, if he signs it at all.

With the fiscal crisis enveloping state government, this will likely be one of a handful of "non-fiscal" topics to get much attention. We look forward to watching the story evolve.