reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-1 - Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.

1-26A-1. Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.
The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.
The Legislative Research Council shall prepare the manuscripts for the rules and the register and supervise their publication.
Source:
SDC 1939, §65.0106; SL 1966, ch 159, §5 (1); SDCL §1-26-9; SL 1972, ch 8, §14; SL 1974, ch 16, §8; SL 1975, ch 16, §22; SL 1984, ch 9, §2; SL 1989, ch 16, §§13, 15; SL 2012, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-2 - Official rules of all executive agencies.

1-26A-2. Official rules of all executive agencies.
The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of §1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agencies.
Source:
SL 1975, ch 16, §1; SL 1981, ch 9, §1; SL 1982, ch 28, §1; SL 2012, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-3 - Time limit for challenging rule on procedural grounds.

1-26A-3. Time limit for challenging rule on procedural grounds.
Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.
Source:
SL 1975, ch 16, §2; SL 2012, ch 8, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-6 - Secretary of state to keep copy of rules--Certified copies.

1-26A-6. Secretary of state to keep copy of rules--Certified copies.
The secretary of state shall keep a copy of the administrative rules published pursuant to §§1-26A-1 and 1-26A-2, from which to make certified copies.
Source:
SL 1975, ch 16, §5; SL 1981, ch 9, §3; SL 2012, ch 8, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-7 - Citation of rules.

1-26A-7. Citation of rules.
The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as "(year of publication) ARSD" followed by the appropriate number of the title, article, chapter, or section.
Source:
SL 1975, ch 16, §6; SL 2012, ch 8, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-8 - Distribution of publications to agencies, officials, and others.

1-26A-8.Distribution of publications to agencies, officials, and others.
Publications authorized under this chapter shall upon request be distributed by the Bureau of Administration to state agencies and elected state officials of this state free of charge and to other persons at prices fixed by the director to cover mailing and publication costs.
Source:
SL 1976, ch 17, §1; SL 1977, ch 24, §1; SL 1991, ch 24, §2.
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Effective April 8, 2024
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1-26A-8.Distribution of publications to agencies, officials, and others.
Publications authorized under this chapter shall upon request be distributed by the Bureau of Human Resources and Administration to state agencies and elected state officials of this state free of charge and to other persons at prices fixed by the director to cover mailing and publication costs.
Source:
SL 1976, ch 17, §1; SL 1977, ch 24, §1; SL 1991, ch 24, §2; SL 2024, ch 1 (Ex. Ord. 24-1), §34, eff. Apr. 8, 2024.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-9 - References to Administrative Rules.

1-26A-9. References to Administrative Rules.
Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to §1-26A-2.
Source:
SL 1981, ch 9, §4; SL 2012, ch 8, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26A - Publication Of Administrative Rules › Section 1-26A-10 - Definitions applicable to rules.

1-26A-10. Definitions applicable to rules.
The definitions in §2-14-2 also apply to the Administrative Rules of South Dakota, unless the context of the defined word plainly requires a different meaning.
Source:
SL 1983, ch 13, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-1 - Definition of terms.

1-26B-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Agency," all divisions, offices, bureaus, commissions, councils, and boards, or like government units or subunits of the departments;
(2)"Committee," the Interim Rules Review Committee;
(3)"Termination," abolishment of the rules of any agency or the act of causing their existence to cease.
Source:
SL 1978, ch 18, §1; SL 1989, ch 18, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-2 - Designation of agency for review and evaluation of rules and rule-making authority.

1-26B-2. Designation of agency for review and evaluation of rules and rule-making authority.
The Interim Rules Review Committee may, with the approval of the Executive Board of the Legislative Research Council, designate any agency for a comprehensive review and evaluation of the agency's rules and rule-making authority pursuant to the provisions of this chapter and such other conditions as the board may provide.
Source:
SL 1978, ch 18, §2; SL 1985, ch 14, §1; SL 1989, ch 18, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-4 - Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.

1-26B-4. Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.
Each agency designated by the committee shall deliver to the members of the interim committee a proposed revision of all its rules, with an overview of changes proposed, at a date specified by the committee. Further, such agency shall designate the specific areas in which rule-making authority is necessary. The committee shall give at least ninety days notice to an agency before a review may begin.
Source:
SL 1978, ch 18, §4; SL 1979, ch 9, §1; SL 1989, ch 18, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-5 - Hearings during sunset procedure.

1-26B-5. Hearings during sunset procedure.
The committee may hold public hearings and receive testimony from the public and all interested parties during any sunset procedure.
Source:
SL 1978, ch 18, §5; SL 1989, ch 18, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-6 - Burden of proof as to agency proposals--Information furnished by agencies.

1-26B-6. Burden of proof as to agency proposals--Information furnished by agencies.
All agencies shall have the burden of establishing that sufficient public need is present which justifies the continued existence of their proposed revision of their rules. All agencies shall provide the committee with the following information:
(1)The identity of all agencies under the direct or advisory control of the agency under review, together with their proposed revision of their rules;
(2)All functions performed by the rules of the agency under review;
(3)All duplicatory functions of the rules of the agency under review;
(4)Any other information which a committee determines necessary and proper in carrying out their review and evaluative duties.
Source:
SL 1978, ch 18, §6; SL 1989, ch 18, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-7 - Factors considered by committees in reviewing agency rules.

1-26B-7. Factors considered by committees in reviewing agency rules.
To determine the existence of a sufficient public need for continuance of an agency's rules, the committee shall take into consideration the following factors concerning the rules of the agency under review and evaluation:
(1)The extent to which any information required to be furnished to the committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from such information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the rule-making authority of the agency, or is inconsistent with present or projected public demands or needs;
(2)The extent to which operation has been efficient and responsive to the public needs;
(3)The extent to which it has been encouraged that persons regulated report to the agency concerning the impact of rules and decisions regarding improved services, economy of service, or availability of service to the public;
(4)The extent to which the public has been encouraged to participate in rule- and decision-making as opposed to participation solely by persons regulated;
(5)Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the rules and regulations of the agency.
Source:
SL 1978, ch 18, §7; SL 1989, ch 18, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-8 - Information furnished by Department of Legislative Audit.

1-26B-8. Information furnished by Department of Legislative Audit.
The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of any agency under review.
Source:
SL 1978, ch 18, §8; SL 1989, ch 18, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-9 - Committee reports.

1-26B-9. Committee reports.
The committee shall submit reports recommending either the continuation, revision, or termination of the rules of each agency reviewed to the Executive Board of the Legislative Research Council.
Source:
SL 1978, ch 18, §9; SL 1989, ch 18, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-10 - Bills containing committee recommendations as to rules changes--Bills defining authority.

1-26B-10. Bills containing committee recommendations as to rules changes--Bills defining authority.
The committee shall submit its recommendations concerning those that it believes should be continued to the Legislature in one or more bills so that the Legislature may vote to either reestablish, amend or terminate the rules of the agency under review and evaluation. If it is determined that the rule-making authority of the agency should be reestablished, the committee shall submit one or more bills defining the rule-making authority of the agency under review and evaluation.
Source:
SL 1978, ch 18, §10; SL 1979, ch 9, §2; SL 1989, ch 18, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26B - Termination And Legislative Review Of Administrative Rules › Section 1-26B-12 - Pending causes of action unaffected by termination of rules.

1-26B-12. Pending causes of action unaffected by termination of rules.
This chapter does not affect the right to institute or prosecute any cause of action by or against an agency if the cause of action accrued prior to the termination date of the rules of the agency. Any causes of action pending on the date that the rules of an agency are terminated, or instituted thereafter, shall be prosecuted or defended in the name of the state by the attorney general.
Source:
SL 1978, ch 18, §12; SL 1989, ch 18, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-1 - Creation of Office of Hearing Examiners.

1-26D-1. Creation of Office of Hearing Examiners.
The State Office of Hearing Examiners is hereby created and is attached to the Bureau of Administration for reporting and budgetary purposes. The office shall conduct hearings with the greatest degree of informality consistent with fairness and the nature of the proceeding before it. In those instances where a more formal proceeding is required, the hearing examiner may apply hearing procedures as set forth in the South Dakota Rules of Civil Procedure chapter 15-6.
Source:
SL 1995, ch 8, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-2 - Appointment of chief hearing examiner.

1-26D-2. Appointment of chief hearing examiner.
The Governor shall appoint a chief hearing examiner. The person appointed shall, as a condition of appointment, be admitted to practice law in the State of South Dakota.
Source:
SL 1995, ch 8, §3
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-3 - Appointment of hearing examiners.

1-26D-3. Appointment of hearing examiners.
The chief hearing examiner may appoint such other hearing examiners and other staff as are necessary to carry out the provisions of this chapter and may contract with qualified persons to serve as hearing examiners for specific cases.
Source:
SL 1995, ch 8, §4
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-4 - Powers of hearing examiners.

1-26D-4. Powers of hearing examiners.
Hearing examiners have all powers delineated in §§1-26-19.1 and 1-26-19.2 and shall hear all contested cases that arise under Titles 10 and 58 and chapter 1-27.
Source:
SL 1995, ch 8, §5; SL 2008, ch 14, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-5 - Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.

1-26D-5. Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.
The chief hearing examiner shall adopt rules pursuant to chapter 1-26 for the operation of the Office of Hearing Examiners and for the procedures to be used with regard to hearing contested cases and may specifically adopt rules pertaining to the use of the Digital Dakota Network.
Source:
SL 1995, ch 8, §6; SL 2005, ch 16, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-6 - Proposed findings, conclusions, and decision--Agency action--Appeal.

1-26D-6. Proposed findings, conclusions, and decision--Agency action--Appeal.
The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The agency may accept, reject, or modify those findings, conclusions, and decisions, and an appeal may be taken therefrom pursuant to chapter 1-26.
Source:
SL 1995, ch 8, §7
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-7 - Rules on finality of decision--Notice.

1-26D-7. Rules on finality of decision--Notice.
An agency may provide by rule that proposed decisions in all or in specified classes of cases before that agency, or by order in individual cases, will become final without further agency action unless, within a specified time, the agency determines that the proposed decision should be reviewed or a party to the proceeding files a petition for administrative review of the proposed order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.
Source:
SL 1995, ch 8, §9A
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-8 - Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.

1-26D-8. Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.
The reviewing agency shall personally consider the whole record or such portions of it as may be cited by the parties. If the reviewing agency rejects or modifies proposed findings or a proposed decision, it shall give reasons for doing so in writing. In reviewing proposed findings of fact entered by the presiding hearing examiner, the reviewing agency shall give due regard to the hearing examiner's opportunity to observe the witnesses.
Source:
SL 1995, ch 8, §9B
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-9 - Final decision--Remand.

1-26D-9. Final decision--Remand.
The reviewing agency shall enter a final decision disposing of the proceeding or shall remand the matter for further proceedings with instructions to the hearing examiner who entered the initial decision. Upon remanding a matter, the reviewing agency may order such temporary relief as is authorized and appropriate. A final decision shall include, or incorporate by reference to the initial decision, all matters required by §1-26-25.
Source:
SL 1995, ch 8, §10
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-10 - Request for appointment of another hearing examiner in contested cases.

1-26D-10. Request for appointment of another hearing examiner in contested cases.
Within ten days after written notification to the parties of the appointment of a hearing examiner in any contested case, any party to that contested case may file an affidavit requesting the appointment of another hearing examiner. The chief hearing examiner shall then appoint another hearing examiner to hear that contested case. Each party may file only one such affidavit in any contested case.
Source:
SL 1995, ch 8, §11; SL 1999, ch 9, §1; SL 2003, ch 18, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-11 - Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.

1-26D-11. Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.
Any agency not covered by this chapter may contract with the Office of Hearing Examiners or any other person to conduct hearings on a case-by-case basis and the power to contract with the office is specifically granted. At the option of the contracting agency, the hearing examiner may exercise the powers granted in chapter 1-26 and in §1-26D-6, or the hearing examiner may be hired and have the limited power to conduct the contested case, rule on procedural, evidentiary, and other motions raised by the parties, and provide legal assistance to the contracting agency. The Office of Hearing Examiners may bill the contracting agency for services rendered pursuant to such contracts.
Source:
SL 1995, ch 8, §12
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26D - Office Of Hearing Examiners › Section 1-26D-12 - Validity of prior rules, actions, decisions or proceedings unaffected

1-26D-12. Validity of prior rules, actions, decisions or proceedings unaffected.
The creation of the Office of Hearing Examiners does not affect the validity of any rule, action, decision, or proceedings held or promulgated by any agency before July 1, 1995.
Source:
SL 1995, ch 8, §16
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1 - Public records open to inspection and copying.

1-27-1. Public records open to inspection and copying.
Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in §1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.
Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.
Source:
SDC 1939, §48.0701; SL 1977, ch 16, §2; SL 1982, ch 30, §1; SL 1987, ch 24; SL 1991, ch 13; SL 1992, ch 10; SL 1994, ch 21; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2004, ch 17, §2; SL 2009, ch 10, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.1 - Public records defined.

1-27-1.1. Public records defined.
Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§1-27-1 to 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55.
Source:
SL 2009, ch 10, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.2 - Fees for specialized service.

1-27-1.2. Fees for specialized service.
If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.
No fee may be charged for the electronic transfer of any minutes of open meeting actions of a political subdivision, board or agency of a political subdivision, or the governing board of an agency that levies property taxes that were recorded in the last three years.
Source:
SL 2009, ch 10, §3; SL 2012, ch 10, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.3 - Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.

1-27-1.3. Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.
The provisions of §§1-27-1 to 1-27-1.15, inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure.
Source:
SL 2009, ch 10, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.4 - Denial letters to be kept on file.

1-27-1.4. Denial letters to be kept on file.
Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.
Source:
SL 2009, ch 10, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.6 - Certain financial, commercial, and proprietary information exempt from disclosure.

1-27-1.6. Certain financial, commercial, and proprietary information exempt from disclosure.
The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive:
(1)Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;
(2)Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;
(3)Financial and commercial information and records supplied by private persons pertaining to export services;
(4)Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;
(5)Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;
(6)Proprietary data, trade secrets, or other information that relates to:
(a)A vendor's unique methods of conducting business;
(b)Data unique to the product or services of the vendor; or
(c)Determining prices or rates to be charged for services, submitted by any vendor to any public body;
(7)Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;
(8)Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body.
Source:
SL 2009, ch 10, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.

1-27-1.7. Certain drafts, notes, and memoranda exempt from disclosure.
Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive.
Source:
SL 2009, ch 10, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.

1-27-1.8. Certain records relevant to court actions exempt from disclosure.
Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive.
Source:
SL 2009, ch 10, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.9 - Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.

1-27-1.9. Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.
No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.
Source:
SL 2009, ch 10, §14; SL 2013, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.10 - Redaction of certain information.

1-27-1.10. Redaction of certain information.
In response to any request pursuant to §1-27-36 or 1-27-37, a public record officer may redact any portion of a document which contains information precluded from public disclosure by §1-27-3 or which would unreasonably invade personal privacy, threaten public safety and security, disclose proprietary information, or disrupt normal government operations. A redaction under this section is considered a partial denial for the application of §1-27-37.
Source:
SL 2009, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.11 - Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.

1-27-1.11. Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.
Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.
Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.
Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.
Source:
SL 2009, ch 10, §16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.

1-27-1.12. Chapter inapplicable to Unified Judicial System.
The provisions of this chapter do not apply to records and documents of the Unified Judicial System.
Source:
SL 2009, ch 10, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.13 - Certain records not available to inmates.

1-27-1.13. Certain records not available to inmates.
The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.
Source:
SL 2009, ch 10, §19.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.14 - Redaction of records in office of register of deeds not required.

1-27-1.14. Redaction of records in office of register of deeds not required.
This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds.
Source:
SL 2009, ch 10, §21; SL 2010, ch 214, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.15 - Immunity for good faith denial or provision of record.

1-27-1.15. Immunity for good faith denial or provision of record.
No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith.
Source:
SL 2009, ch 10, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.16 - Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.

1-27-1.16. Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.
If a meeting is required to be open to the public pursuant to §1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with §1-25-2. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26.
Source:
SL 2010, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.17 - Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.

1-27-1.17. Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.
The unapproved, draft minutes of any public meeting held pursuant to §1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body's website within five business days after the meeting. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26.
Source:
SL 2010, ch 9, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.18 - Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.

1-27-1.18. Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.
Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to §1-25-1, but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.
Source:
SL 2010, ch 9, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.

1-27-1.19. Public access to records of former Governors and lieutenant governors.
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.
Source:
SL 2012, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.

1-27-1.20. Exempt records to be opened upon death or ten years after leaving office.
Unless released to the public pursuant to §1-27-1.21, any record of an officer designated in §1-27-1.19, 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.
Source:
SL 2012, ch 12, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.21 - Right of former Governor and lieutenant governor to approve or deny release of exempt records.

1-27-1.21. Right of former Governor and lieutenant governor to approve or deny release of exempt records.
Whenever an officer designated in §1-27-1.19 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.
Source:
SL 2012, ch 12, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.22 - Agreement for transfer of records to suitable repository.

1-27-1.22. Agreement for transfer of records to suitable repository.
The state archivist may enter into agreements with any officer designated in §1-27-1.19 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 §§1-27-1.19 to 1-27-1.21, inclusive. Such agreements shall be entered into only after a public hearing.
Source:
SL 2012, ch 12, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-1.23 - Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.

1-27-1.23. Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.
An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under §1-27-1.1. For good cause shown, the court may order the redaction of the name of any victim of crime within the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under §1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.
Source:
SL 2019, ch 5, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-3 - Records declared confidential or secret.

1-27-3. Records declared confidential or secret.
Section 1-27-1 shall not apply to such records as are specifically enjoined to be held confidential or secret by the laws requiring them to be so kept.
Source:
SDC 1939, §48.0701; SL 1977, ch 16, §1
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-4 - Format of open record.

1-27-4. Format of open record.
Any record made open to the public pursuant to this chapter shall be maintained in its original format or in any searchable and reproducible electronic or other format. This chapter does not mandate that any record or document be kept in a particular format nor does it require that a record be provided to the public in any format or media other than that in which it is stored.
Source:
SL 1963, ch 327, §1; SL 1971, ch 9; SL 2000, ch 6, §1; SL 2005, ch 19, §1; SL 2009, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-4.1 - Format of written contracts--Storage with records retention officer or designee--Duration.

1-27-4.1. Format of written contracts--Storage with records retention officer or designee--Duration.
Any written contract entered by the state, a county, a municipality, or a political subdivision shall be retained in the contract's original format or a searchable and reproducible format. Each contract shall be stored with the records retention officer of that entity or with the designee of the records retention officer unless the contract is required by law to be retained by some other person. Each contract shall be stored during the term of the contract and for two years after the expiration of the contract term.
Source:
SL 2009, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-4.2 - Availability of contract through internet website or database.

1-27-4.2. Availability of contract through internet website or database.
Any contract retained pursuant to §1-27-4.1 may be made available to the public through a publicly accessible internet website or database.
Source:
SL 2009, ch 11, §2.