ENTITLED, An Act to provide for the public access to the records of former Governors and
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The records of any Governor and any lieutenant governor are the property of the state
and shall be transferred to his or her successor or the state archivist upon leaving office. Once
transferred, public access to such records is subject to the provisions of chapter 1-27.
Section 2. Unless released to the public pursuant to section 3 of this Act, any record of an officer
designated in section 1 of this Act, exempted from the provisions of § 1-27-1, shall be opened to the
public upon either the death of the former officer or ten years from the date the officer left office,
whichever transpires last.
Section 3. Whenever an officer designated in section 1 of this Act leaves office and transfers his
or her records to the state archivist, the former officer shall retain the right to approve or deny the
release of any record exempted from the provisions of § 1-27-1. The former officer may exercise that
right either personally or may designate in writing a person to do so to the archivist.
Section 4. The state archivist may enter into agreements with any officer designated in section
1 of this Act for the transfer of the former officer's records to a museum, institution of higher
learning, or other suitable repository within South Dakota upon determining that such repository will
allow for the preservation, study, and public access of such records consistent with this Act. Such
agreements shall be entered into only after a public hearing.
An Act to provide for the public access to the records of former Governors and lieutenant governors.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1233
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1233
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State