AMENDMENT FOR SENATE STATE AFFAIRS COMMITTEE ENGROSSED BILL
189rb
___________________ moved that SB 189 be amended as follows:
On page 2, line 15, of the Senate State Affairs Committee engrossed bill, after "." insert
"
Private use of information contained within an original list, when value is added, does not
constitute redistribution.
".
On page 3, line 5, after "
1-27-9
" insert "
, unless such information is otherwise made public
by state law, including chapter 15-15A or
§
1-26-21
".
On page 3, delete lines 9 to 13, inclusive, and insert:
"
(7) Internal records of a public entity produced in the routine process of work, including
but not limited to preliminary working drafts, internal memoranda and
communications, and telephone messages and other ephemeral notes and records,
unless such records constitute a completed state or federal audit, a final policy of or
determination by the public entity, final instructions to staff directly affecting the
public, or a final statistical or factual tabulation, or are otherwise public under state
law;
".
On page 3, line 16, delete "
an agency's
" and insert "
a public entity's
".
On page 3, delete lines 18 to 20, inclusive, and insert:
"
(10) Records received from a private entity regarding potential or existing investment of
funds by a public entity, investment strategy by a public entity, or research conducted
for a public entity for purposes of investing funds.
".
On page 4, line 1, delete everything after "1-27-9." And insert "
As used in
§
§
1-27-9 to
1-27-18, inclusive
Except as otherwise provided, terms used in this chapter mean:
".
On page 4, line 9, after "official" insert "
governmental
".
On page 4, line 15, delete everything after "government" and insert ";".
On page 4, delete lines 16 to 22, inclusive.
On page 5, delete line 5, and insert:
"
(5) "Public entity," the State of South Dakota, municipalities, counties, school districts,
townships, and any other local governmental entity exercising any part of the
sovereign power of the state, and any agency, officer, board, office, bureau, division,
commission, council, or other person or entity performing any governmental function
for the state or for any local governmental entity exercising any part of the sovereign
power of the state. The term does not include the Unified Judicial System;
".
On page 5, line 14, delete everything after "
data
" and insert "
that tends to establish the
particular identity of a natural person, including but not limited to the person's name, address,
social security number, driver's license number, date of birth, medical records, financial account
numbers, and credit, debit or electronic funds transfer card numbers;
".
On page 5, delete lines 15 to 18, inclusive.
On page 5, line 19, after "
person
" insert "
or private entity
".
On page 5, line 21, after "
person
" insert "
or private entity
".
On page 5, line 22, delete everything after "
theft
" and insert "
;
".
On page 5, delete lines 23 and 24.
On page 6, line 1, delete "
data," information
" and insert "
information," data
".
On page 6, line 22, delete everything after "
any
" insert "
information on pricing, costs,
revenue, taxes, market share, customers and personnel developed by a public entity and used
for that entity's business purposes;
".
On page 6, delete line 23.
On page 6, line 24, delete "
an agency
" and insert "
a public entity
".
On page 7, delete lines 2 to 8, inclusive and insert:
"
(14) "Work product record," any record of an attorney or other representative of a public
entity that concerns an anticipated or pending contested case, litigation, or other
dispute involving the public entity and reveals the mental impressions, conclusions,
opinions, or legal theories of the attorney or other representative of the public entity;
On page 7, line 9, delete "
(16)
" and insert "
(15)
".
On page 7, line 9, delete "
agency record
" and insert "
record of a public entity
".
On page 7, line 12, delete "
agency
".
On page 7, line 13, delete "
(17)
" and insert "
(16)
".
On page 7, line 14, delete "
an agency
" and insert "
a public entity
".
On page 7, line 20, delete "
(18)
" and insert "
(17)
".
On page 7, delete lines 21 to 24, inclusive.
On page 8, delete lines 1 to 5, inclusive.
On page 8, line 6, delete "
(20)
" and insert "
(18)
".
On page 8, line 6, delete everything after "
public entity
" and insert "
;
".
On page 8, delete lines 7 to 10, inclusive.
On page 8, line 11, delete "
(22)
" and insert "
(19)
".
On page 9, line 3, delete "agency" and insert "public entity".
On page 9, line 4, delete "agency" and insert "public entity".
On page 9, line 8, delete "agency" and insert "public entity".
On page 9, line 11, delete "agency" and insert "public entity".
On page 9, line 16, delete "an agency" and insert "a public entity".
On page 9, delete lines 19 and 20.
On page 9, line 21, delete "(3)" and insert "(2)".
On page 9, line 22, delete "9" and insert "7".
On page 9, line 22, delete "work location" and insert "employee's work location and job
title".
On page 9, delete line 24.
On page 10, delete lines 1 to 5, inclusive.
On page 10, line 6, delete "(6)" and insert "(3)".
On page 10, line 12, delete "agency" and insert "public entity".
On page 10, line 13, delete "(7)" and insert "(4)".
On page 10, delete lines 15 to 22, inclusive.
On page 10, line 23, delete "(10)" and insert "(5)".
On page 10, line 23, after "any" delete "regulatory".
On page 11, line 6, delete "agencies" and insert "public entities".
On page 11, delete lines 14 to 21, inclusive.
On page 11, line 24, delete "records" and insert "a record".
On page 12, line 1, delete "that" and insert ", provided that the confidential information".
On page 12, line 3, delete "agency" and insert "public entity".