Open Record Bill Killed By House Committee
SB 189, which would have modernized South Dakota’s Open Records law, was killed today (Wednesday, Feb. 20) in House State Affairs Committee by one vote. The bill, sponsored by Sen. Nancy Turbak-Berry, D-Watertown, passed the Senate but was strongly opposed by Republican Gov. Mike Rounds.
Rep. Shantel Krebs, R-Sioux Falls, (and wife of the governor’s press secretary Mitch Krebs) moved to kill the bill. Voting yes were:
Krebs
Rep. Larry Rhoden, R-Union Center
Rep. Joel Dykstra, R-Canton
Rep. Tom Brunner, R-Nisland
Rep. Tim Rave, R-Baltic
Rep. Tom Deadrick, R-Platte
Rep. Charles Turbiville, R-Deadwood
Voting no on the motion to kill the bill were:
Rep. Bob Faehn, R-Watertown
Rep. Joni Cutler, R-Sioux Falls
Rep. Maggie Gillespie, D-Hudson
Rep. Dale Hargens, D-Miller
Rep. Kathy Miles, D-Sioux Falls
Rep. Garry Moore, D-Yankton
However the committee unanimously passed SB 186, which contains a new process to request records and take any disputes to a hearing examiner. If this bill becomes law, it will be the first time in history that South Dakota has required the holder of the record to give a yes or no answer within a specified amount of time. No procedure exists under current law, so a government agency can simply remain silent on record requests and there is no recourse.
Publisher of the Watertown Public Opinion, Mark Roby, testified in support of open record reform in the committee, as did David Bordewyk of the South Dakota Newspaper Association. The governor’s office sent Jeff Bloomberg to testify against the open records bill.
You can send e-mails to the representatives and let them know how you feel about their votes. Go to the Legislative Research Council Web site at this URL:
http://legis.state.sd.us/email/LegislatorEmail.aspx