South Dakota
South Dakota Open Records Law
SDCL § 1-27-1 et seq.
Transparency Score: 87/100
Response Timeline
10 business days for initial response (SDCL §1-27-37(1)). Extensions available for: scope clarification, locating materials, and third-party notification. No specific limit on extension duration.
No residency requirement. Statute provides access to 'citizens of this state, and all other persons interested in the examination of public records.' This language has been interpreted broadly to include non-residents.
How to Submit a Request
Accepted Methods
No specific format required. Written requests recommended for documentation. Request should identify the records with reasonable specificity.
Required Elements
- Description of records sought
- Contact information for response
Optional Elements
- Preferred format (paper vs electronic)
- Preferred delivery method
Fees
Actual mailing and reproduction costs. Staff time charged after the first hour. If estimated fees exceed $50, the agency must provide a written estimate before proceeding (§1-27-35, §1-27-36). Fee waiver available if disclosure is in the public interest.
Fee Waivers
- In-person inspection is free
- First hour of staff time is free
- Fee waiver if disclosure is in the public interest (§1-27-36)
Fee waiver available if disclosure is in the public interest. First hour of staff time is free. Written estimate required before $50+ in fees.
Exemptions
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Student and medical records (§1-27-1.5(1)-(2))
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Attorney work product (§1-27-1.5(4))
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Law enforcement records that would jeopardize investigations (§1-27-1.5(5))
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Real property appraisals before acquisition (§1-27-1.5(6))
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Personnel records (§1-27-1.5(7))
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Security-related records (§1-27-1.5(8))
Exemptions are enumerated in §1-27-1.5. The burden is on the government to justify withholding. South Dakota has a relatively limited set of exemptions compared to many states.
Appeal Process
1
File appeal with the Office of Hearing Examiners within 90 days of denial (§1-27-38). Agency must respond within 10 days.
2
Appeal to circuit court from hearing examiner decision (§1-27-40, §1-27-41).
Administrative appeal to the Office of Hearing Examiners within 90 days of denial. Agency must respond within 10 days of appeal filing. Circuit court review available from hearing examiner decision. Attorney fees discretionary if bad faith found.
Request Templates
NFOIC South Dakota Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - South Dakota →
Reporters Committee for Freedom of the Press
MuckRock South Dakota Guide →
MuckRock
Records Retention
SDCL Chapter 1-27
Established in 1967, the Records Management Program and the Records Destruction Board require every state agency to develop a records retention and destruction schedule. No record may be destroyed without majority vote of the Records Destruction Board.