South Dakota Public Records Law

The South Dakota Sunshine Law and the Open Meetings Law are a series of laws that guarantee that the public has access to public records. All records maintained by South Dakota's public agencies, regardless of their physical format, are considered public records. Anybody may request public records without a statement of purpose.

Where Do I Submit a Public Record Request in South Dakota?

Public records can be accessed via phone, mail, online, or in-person requests depending on the agency and what options the record custodians offer. You may also use the South Dakota Public Records Request portal to make a record request online to any agency in the state. Record custodians in South Dakota may provide an online or downloadable request form. You may not need to send a request online to get South Dakota records. As such, it is important to view the instructions from the department in charge of maintaining the desired record.

How Do I Request Public Records in South Dakota?

To find public records in South Dakota, follow these steps:

Locate the record custodian responsible for keeping the public record you're looking for.
Verify whether you can legally view the record since not all records are accessible to everyone.
Choose if you want to submit your request in person, over the phone, by mail, or online. Keep in mind that some record custodians might provide one or more of these choices for requests.
Send the record request. Depending on the approach you take, you might have to submit a request. South Dakota record custodians may offer a downloaded or online request form. In your written record request, include the full name of the record subject, your name and phone number, the document's serial identification number (if available), and the precise day or calendar year the record was filed.

Several third-party websites make it easier to retrieve South Dakota public records by providing online access. Nevertheless, these websites might not always have the most recent or accurate records.

What Records are Public in South Dakota?

In South Dakota, public records come in a variety of forms. Typical examples include:

Property Records: Includes mortgages, plats, liens, deeds, property survey information, covenants, and assessed real estate value.
Law Enforcement Records: Includes inmate records, criminal records, arrest records, sex offender information
Vital Records: Includes birth, death, marriage, and divorce records.

Who Can Request Public Records in South Dakota?

According to South Dakota Sunshine Law, any person may request public records, and a statement of purpose is not required. The term "person", as referred to in this law, includes individuals or organizations. The state does not require individuals requesting public records to be state residents. Although records requests are unrestricted, incarcerated individuals are not able to access some documents about correctional facilities.

What Is the Response Time for Public Records Requests in South Dakota?

South Dakota public agencies are mandated to respond to record requests within ten business days from the time they receive the request. They can respond by:

Providing the record in whole or in part to the requester upon payment of any applicable fees
Denying the request for the record; or
Letting the individual know that an officer of a public record has the request and giving a time estimate for the response.

What Is the Fee Charged for Providing Copies of Public Records?

In South Dakota, there are no set fees for obtaining public records. By law, the record custodians may impose a fee on the requester for providing a copy of public records. The cost of the computer hardware or software used to create the record would be factored into the fee. The fee can also include the hours needed to retrieve the record and the postal costs. Furthermore, the price may vary according to the kind of record created.

What Records Are Exempted Under the South Dakota Public Law?

Certain records, or information contained in the record, are exempted from disclosure under South Dakota law. They include:

Any appraisal data as well as records of negotiations for the sale or purchase of property by a public organization as well as interest in any personal property. Medical records, including all records of drug or alcohol testing, treatment, or counseling
Personally identified private citizen account payment information or credit information
Data about personnel except for their salaries as well as basic directory data.
Records that consist of attorney work product
Trade secrets