An Act to prohibit nondisclosure of certain agreements related to data centers.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 1-27:

A state agency or political subdivision may not enter into an agreement with a non-governmental entity, private person, or public-private business concerning the construction, development, or location of a data center, which requires confidentiality or nondisclosure. An agreement under this section is a public record as defined in § 1-27-1.1.

For purposes of this section, "data center" means any facility that is used as a centralized repository for the dissemination, management, processing, and storage of electronic data and information.