HB 1092 South Dakota House · 2026 Regular Session

update provisions pertaining to open records.

HB 1092 updates South Dakota's open records law by clarifying which government records can be kept private. It exempts specific categories, including student personal information (except directory details), medical records (excluding birth/death records), trade secrets, attorney work product, law enforcement investigation details, property appraisal records, and security plans for buildings or critical infrastructure. The bill explicitly states it does not change existing laws regarding birth/death records or certain law enforcement privileges. This affects public entities like schools, hospitals, police departments, and government agencies that handle these exempt records.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Jan 2026

Senate Passage

Mar 2026

Signed into Law

Mar 2026

Introduced Jan 29, 2026 Signed Mar 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 5 edits · Mar 3, 2026

MODERATE

This bill enrolls HB 1092, which updates South Dakota's open records law by expanding exemptions for sensitive information. The changes clarify protections for student records, medical data, trade secrets, law enforcement files, personnel information, security plans, and gaming commission records. These updates ensure that certain private and sensitive information remains confidential while still allowing public access to most government records.

Scope change

The bill's scope was expanded to include more specific categories of exempt records, particularly strengthening protections for cybersecurity information, gaming commission security data, and law enforcement intelligence.

REQUIREMENT

Added explicit exemptions for cybersecurity plans, network schemas, passwords, and user identification names to protect digital infrastructure security.

Added new exemption for gaming commission security standards, procedures, and access lists while allowing financial payment information to remain public.

Expanded law enforcement record exemptions to include strategic and tactical information used in training, with specific exceptions for alcohol/drug testing records and 911 recordings.

Added comprehensive security-related record exemptions including guard schedules, lock combinations, and building infrastructure records that could expose vulnerabilities.

DEFINITION

Clarified that trade secrets and proprietary information exemptions apply to state-funded research and projects to protect intellectual property and business interests.

Floor votes · Senate Mar 2, 2026 · House Jan 28, 2026

How they voted

33–0

Passed · 2 other

Total votes 35

Mar 2, 2026

D Democratic3

3 Yea

100% Yea

R Republican32

30 Yea 2

93% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 12, 2026

Signed into law

Signed by the Governor on 2026-03-12 H.J. 562

executive

Mar 4, 2026

Upper · Passed

Signed by the President S.J. 470

upper

Mar 3, 2026

Upper · Passed

Signed by the Speaker H.J. 492

upper

Mar 2, 2026

Upper · Passed

Senate Do Pass , Passed, YEAS 33, NAYS 0 S.J. 429

upper

Feb 25, 2026

Upper · Passed

Certified uncontested, placed on consent , Passed,

upper

Feb 25, 2026

Upper · Passed

Local Government Do Pass , Passed, YEAS 7, NAYS 0

upper

Jan 29, 2026

Introduced

First read in Senate and referred to Senate Local Government S.J. 143

upper

Jan 28, 2026

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 56, NAYS 11 H.J. 168

lower

Jan 27, 2026

Lower · Passed

Local Government Do Pass , Passed, YEAS 11, NAYS 0

lower

Jan 22, 2026

Committee

Referred to House Local Government H.J. 114

lower

14 primary · 0 co-sponsors