A Senate committee began debate Wednesday on a pair of competing measures that would determine which government documents are open to the public, but the panel delayed a vote on the bills for at least a week.
Sen. Nancy Turbak Berry, D-Watertown, said her proposal is better because it includes a presumption that state and local government records are open. She said 49 other states presume records are open unless otherwise specified as confidential.
"Items held back from the public should be the exception, not the rule," Turbak Berry said.
But Senate Republican Leader Dave Knudson of Sioux Falls said his measure would take a different approach to open more government documents than are currently public. He said his version also would be more acceptable to legislators and Gov. Mike Rounds.
"I'm committed to improving our open government laws, and to do that we need a bill that can pass," Knudson said.
Neil Fulton, the governor's chief of staff, said Rounds can support Knudson's bill, even though the Republican governor does not like some provisions in the measure. Lawmakers should remember that government agencies often require people to provide personal information that should not be made public, he said.
"We are balancing government operation, public access and personal privacy," Fulton said.
The State Affairs Committee heard opening debate on the two bills Wednesday, but a vote was delayed a week.
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 people's health, finance and other subjects.
Knudson's bill, SB186, is based on proposals written by a task force headed by Attorney General Larry Long. It would provide that records required to be kept by or filed with government agencies under state or federal laws, rules, ordinances, permits or licenses must be open to the public unless otherwise specified.
Turbak Berry's bill, SB189, would provide that every government record is public except when the law specifies a record is closed. It designates as closed about the same kinds of records as Knudson's bill.
Both bills would keep confidential trade secrets, personnel records, criminal investigation information, student information, medical information, and Social Security numbers and other identifying numbers.
Turbak Berry said government must be open so people know what it is doing.
"You have to remember this is a government of the people, by the people and for the people," she said. "The government does belong to the people."
A presumption of openness means that government would bear the burden of showing something should be confidential, rather than requiring a citizen to prove something should be open, she said.
Turbak Berry said her bill contains a safety measure that would let a government official seek a court order to prevent disclosure of a document that is not designated as confidential but would harm people if made public.
Yvonne Taylor, executive director of the South Dakota Municipal League, said cities prefer Knudson's bill because it is a commonsense measure that would work in the real world.
Bob Mercer, a reporter who works for a number of South Dakota newspapers, urged the committee to take action to improve the state's open records law.
"Failure is not an option this year because of the Supreme Court decision last year," Mercer said.
The high court last year ruled that current state law means a record is public only if there is a separate law requiring that record to be kept. Mercer said the law also should include as open records a governor's executive orders, written government policies and established verbal policies.


