Editorial: Failure to pass open records holds state back
Editorial Board
Issue date: 3/5/08 Section: Opinion
Originally Created: 3/4/08 at 11:59 PM CST
Last Updated: 3/4/08 at 11:58 PM CST
Originally Created: 3/4/08 at 11:59 PM CST
Last Updated: 3/4/08 at 11:58 PM CST
Another legislative session closes, and again, South Dakota remains the only state in the union not to have a presumptive open records law, perpetuating a perception that this state refuses to change from its old antiquated ways.
Two Senate bills addressed open records this year: SB186 and SB189. SB189 would have brought South Dakota to the same level of access to public information that all other states enjoy. The bill establishes a presumption that information obtained by the government through its normal course of business is to be open and available to the people unless otherwise closed by law. Current law in South Dakota does not immediately grant this access, which has made it difficult for individuals and the media to review public records.
Conversely, Republicans introduced SB186 which adds a new level of bureaucracy, creating an access and fee structure and sends written requests for records to be reviewed by the Office of Hearing Examiners. SB186 was passed by the legislature and awaites the governor's signature.
Whether Governor Mike Rounds signs SB186 into law matters little, despite the increased bureaucracy. The government has become the keeper of all information and you will get what they give you. This is not a government of the people, for the people; this is a secretive government.
Opposition to open records say only the media benefits from such access. If the press is to uphold its duty as a check on the government, then access to public records should be a concern for all. If the press, which yields a large amount of power, is denied, then how does the individual citizen attempt to access information which may be relevant to their personal or business activities?
More importantly, as college students about to enter the real world, open records speak to a larger issue. Many graduates will attempt to find work in the state. Many more will not be able to get work in this state and be forced to move elsewhere, away from family and friends. Most of the plains states, especially North and South Dakota, are reeling from out-migration of 18 to 30-year-olds, many of whom would actually like to stay here.
Two Senate bills addressed open records this year: SB186 and SB189. SB189 would have brought South Dakota to the same level of access to public information that all other states enjoy. The bill establishes a presumption that information obtained by the government through its normal course of business is to be open and available to the people unless otherwise closed by law. Current law in South Dakota does not immediately grant this access, which has made it difficult for individuals and the media to review public records.
Conversely, Republicans introduced SB186 which adds a new level of bureaucracy, creating an access and fee structure and sends written requests for records to be reviewed by the Office of Hearing Examiners. SB186 was passed by the legislature and awaites the governor's signature.
Whether Governor Mike Rounds signs SB186 into law matters little, despite the increased bureaucracy. The government has become the keeper of all information and you will get what they give you. This is not a government of the people, for the people; this is a secretive government.
Opposition to open records say only the media benefits from such access. If the press is to uphold its duty as a check on the government, then access to public records should be a concern for all. If the press, which yields a large amount of power, is denied, then how does the individual citizen attempt to access information which may be relevant to their personal or business activities?
More importantly, as college students about to enter the real world, open records speak to a larger issue. Many graduates will attempt to find work in the state. Many more will not be able to get work in this state and be forced to move elsewhere, away from family and friends. Most of the plains states, especially North and South Dakota, are reeling from out-migration of 18 to 30-year-olds, many of whom would actually like to stay here.
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