reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-9 - Records management programs--Definition of terms.

1-27-9. Records management programs--Definition of terms.
Terms used in §§1-27-9 to 1-27-18, inclusive, mean:
(1)"Local record," a record of a county, municipality, township, district, authority, or any public corporation or political entity whether organized and existing under charter or under general law, unless the record is designated or treated as a state record under state law;
(2)"Record," a document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in §§1-27-9 to 1-27-18, inclusive;
(3)"State agency" or "agency" or "agencies," includes all state officers, boards, commissions, departments, institutions, and agencies of state government;
(4)"State record," :
(a)A record of a department, office, commission, board, or other agency, however designated, of the state government;
(b)A record of the State Legislature;
(c)A record of any court of record, whether of state-wide or local jurisdiction;
(d)Any other record designated or treated as a state record under state law.
Source:
SL 1967, ch 253, §1; SL 1992, ch 60, §2; SL 2011, ch 2, §20.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.

1-27-10. Records as property of state--Damage or disposal only as authorized by law.
All records of public officials of this state required to be kept or maintained by law are the property of the state and may not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law.
Source:
SL 1967, ch 253, §6; SL 1983, ch 154, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-11 - Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.

1-27-11. Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.
There is hereby created a board consisting of the commissioner of administration, state auditor, attorney general, auditor-general, and state archivist to supervise and authorize the destruction of records. The state records manager shall also serve as an ex officio member in an advisory capacity only. No record may be destroyed or otherwise disposed of by any agency of the state unless it is determined by majority vote of the board that the record has no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1967, ch 253, §7; SL 1975, ch 20; SL 1976, ch 19, §2; SL 2011, ch 2, §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-11.1 - Direction and supervision of board by Bureau of Administration--Independent functions retained.

1-27-11.1. Direction and supervision of board by Bureau of Administration--Independent functions retained.
The board created by §1-27-11 shall be administered under the direction and supervision of the Bureau of Administration and the commissioner thereof. The board shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in the board. The board shall exercise those functions independently of the commissioner of administration.
Source:
SL 1974, ch 3, §5 (a); SL 2011, ch 2, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-12 - State records management program to be established.

1-27-12. State records management program to be established.
The commissioner of administration shall establish within the organizational structure of the Bureau of Administration a records management program, which will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of state records.
Source:
SL 1967, ch 253, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-12.1 - Records management internal service fund.

1-27-12.1. Records management internal service fund.
There is hereby created in the state treasury a records management internal service fund. The commissioner of administration shall apportion all expenses incurred in the administration and operation of the records management program to all state departments, agencies, and institutions utilizing such program. All payments received by the Bureau of Administration pursuant to this section shall be deposited in the records management internal service fund.
Source:
SL 1992, ch 47, §6
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-13 - Records management procedures proposed by state agencies.

1-27-13. Records management procedures proposed by state agencies.
The head of each agency shall submit to the commissioner of administration, in accordance with the rules, standards, and procedures established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. However, original invoices and vouchers submitted to the state auditor for payment shall be retained for at least seven years.
Source:
SL 1967, ch 253, §3; SL 2011, ch 2, §23; SL 2018, ch 44, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.

1-27-14.1. Transfer of records by outgoing agency heads--Terminated agency records.
Upon termination of employment with the state, each agency head shall transfer his or her records to a successor or to the state archives for appraisal and permanent retention. The records of any state agency shall, upon termination of its existence or functions, be transferred to the custody of the archivist.
Source:
SL 1975, ch 24, §7; SL 1987, ch 393 (Ex. Ord. 87-4), §17; SL 2011, ch 2, §25.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.

1-27-14.2. Transfer of jeopardized nonessential agency material to state archivist.
If any material of actual or potential archival significance is determined by a state agency to be at risk of destruction or deterioration, and the material is not essential to the conduct of daily business in the agency of origin, the agency head may transfer the records to the physical and legal custody of the state archivist if the archivist is willing and able to receive the records.
Source:
SL 1975, ch 24, §10; SL 2011, ch 2, §26.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-15 - Destruction of nonrecord materials.

1-27-15. Destruction of nonrecord materials.
Any nonrecord material not included within the definition of records as contained in §1-27-9 may be destroyed at any time by the agency in possession of such materials without the prior approval of the commissioner of administration.
Source:
SL 1967, ch 253, §8; SL 2011, ch 2, §28.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-16 - Rules, standards, and procedures.

1-27-16. Rules, standards, and procedures.
The commissioner of administration shall promulgate such rules, standards, and procedures as are necessary or proper to effectuate the purposes of §§1-27-9 to 1-27-18, inclusive, except that rules, standards, and procedures relating to disposal of records pursuant to §1-27-11 shall be issued by the board created by §1-27-11.
Source:
SL 1967, ch 253, §9; SL 1976, ch 18
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-17 - Legislative and judicial records management programs.

1-27-17. Legislative and judicial records management programs.
Upon request, the commissioner of administration shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government. The commissioner may, as required by each branch, provide program services similar to those available to the executive branch of state government pursuant to the provisions of §§1-27-9 to 1-27-16, inclusive.
Source:
SL 1967, ch 253, §5; SL 2011, ch 2, §29.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-18 - Local records management programs.

1-27-18. Local records management programs.
The governing body of each county, municipality, township, district, authority, or any public corporation or political entity, whether organized and existing under charter or under general law, shall promote and implement the principles of efficient records management for local records. The governing body may, as far as practical, follow the program established for the management of state records. The commissioner of administration may, upon the request of a governing body, provide advice and assistance in the establishment of a local records management program.
Source:
SL 1967, ch 253, §4; SL 1981, ch 10, §1; SL 1992, ch 60, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-19 - Annual meeting to authorize destruction of political subdivision records--Record of disposition.

1-27-19. Annual meeting to authorize destruction of political subdivision records--Record of disposition.
The State Record Destruction Board shall meet at least once each year and consider requests of all political subdivisions for the destruction of records and to authorize their destruction as in the case of state records. However, in the case of any records recommended to be destroyed, the board shall require a record to be kept of the disposition of the documents.
Source:
SDC Supp 1960, §55.2012 as added by SL 1967, ch. 254; SL 1981, ch. 45, §24
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-20 - Common language used in public documents, records, and meetings--Official indigenous language.

1-27-20. Common language used in public documents, records, and meetings--Official indigenous language.
The common language of the state is English. The common language is designated as the language of any official public document or record and any official public meeting. The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Lakota, Dakota, and Nakota.
Source:
SL 1995, ch 9, §1; SL 2019, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-21 - Public document or record defined--Public meeting.

1-27-21. Public document or record defined--Public meeting.
For the purposes of §§1-27-20 to 1-27-25, inclusive, an official public document or record is any document officially compiled, published, or recorded by the state including deeds, publicly probated wills, records of births, deaths, and marriages, and any other document or record required to be kept open for public inspection pursuant to chapter 1-27. An official public meeting is any meeting or proceeding required to be open to the public pursuant to chapter 1-25.
Source:
SL 1995, ch 9, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-22 - Application of English as common language requirement.

1-27-22. Application of English as common language requirement.
The provisions of §§1-27-20 to 1-27-25, inclusive, do not apply:
(1)To instruction in foreign language courses;
(2)To instruction designed to aid students with limited English proficiency in a timely transition and integration into the general education system;
(3)To the application, preparation materials, and examination for any noncommercial driver license or permit;
(4)To the conduct of international commerce, tourism, and sporting events;
(5)When deemed to interfere with needs of the justice system;
(6)When the public safety, health, or emergency services require the use of other languages; and
(7)When expert testimony, witnesses, or speakers require a language other than the common language. However, for purposes of deliberation, decision making, or record keeping, the official version of such testimony or commentary shall be the officially translated English language version.
Source:
SL 1995, ch 9, §3; SL 2016, ch 13, §1; SL 2020, ch 118, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-24 - Effect of common language requirement on state employment.

1-27-24. Effect of common language requirement on state employment.
No person may be denied employment with the state or any political subdivision of the state based solely upon that person's lack of facility in a foreign language, except where related to bona fide job needs reflected in the exemptions in §1-27-22.
Source:
SL 1995, ch 9, §5
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-25 - Common language requirements not applicable to private activities.

1-27-25. Common language requirements not applicable to private activities.
Sections 1-27-20 to 1-27-25, inclusive, may not be construed in any way to infringe upon the rights of citizens under the State Constitution or the Constitution of the United States in the use of language in any private activity. No agency or officer of the state nor any political subdivision of the state may place any restrictions or requirements regarding language usage in any business operating in the private sector other than official documents, forms, submissions, or other communications directed to government agencies and officers, which communications shall be in the common language as recognized in §§1-27-20 to 1-27-25, inclusive.
Source:
SL 1995, ch 9, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-27 - Requesting information or data from a state agency.

1-27-27. Requesting information or data from a state agency.
Before requesting or requiring that any local government provide information or data to a state agency, the state agency shall first determine whether the information or data is available from the Department of Legislative Audit. If the information or data is available from the Department of Legislative Audit, the state agency may not require the local government to provide the information or data.
Source:
SL 1995, ch 10
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-28 - Definition of terms.

1-27-28. Definition of terms.
Terms used in §§1-27-29 to 1-27-32, inclusive, mean:
(1)"Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1(2);
(2)"State agency," any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, the Public Utilities Commission, the Department of Agriculture and Natural Resources, any law enforcement agency, or any unit of local government, or joint venture comprised of local governments;
(3)"Financial investigation, examination, or audit," any examination conducted by a state agency of a private entity's proprietary information or trade secret information;
(4)"Proprietary information," information on pricing, costs, revenue, taxes, market share, customers, and personnel held by private entities and used for that private entity's business purposes;
(5)"Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, process, marketing plan, or strategic planning information that:
(a)Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b)Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Source: SL 1996, ch 12, §1; SL 2003, ch 20, §1; SL 2004, ch 25, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-29 - Disclosure of information concerning private entity restricted.

1-27-29. Disclosure of information concerning private entity restricted.
No state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity while the financial investigation, examination, or audit is ongoing, except as provided by §1-27-31.
Source:
SL 1996, ch 12, §2; SL 2004, ch 25, §2
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.

1-27-30. Confidentiality of proprietary or trade information of private entity.
All proprietary or trade secret information obtained by a state agency from or concerning a private entity is confidential, except as provided by §1-27-31.
Source:
SL 1996, ch 12, §3; SL 2004, ch 25, §3
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.

1-27-31. Circumstances allowing for disclosure of information concerning private entity.
A state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity and disclose the information obtained from such an investigation, examination, or audit as follows:
(1)To the private entity being investigated, examined, or audited;
(2)To those persons whom the private entity has authorized in writing to receive such information;
(3)To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;
(4)To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;
(5)To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§1-27-28 to 1-27-32, inclusive;
(6)To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;
(7)To a federal agency pursuant to the provisions of federal law;
(8)To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;
(9)Repealed by SL 2004, ch 25, §4.
(10)To comply with federal law, rules, or program delegation requirements ; or
(11)To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to a court order obtained under the same process as orders issued pursuant to §15-6-65(b).
Source:
SL 1996, ch 12, §4; SL 1997, ch 13, §1; SL 2004, ch 25, §4
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-32 - Disclosure of confidential information as misdemeanor.

1-27-32. Disclosure of confidential information as misdemeanor.
Disclosure of information made confidential by §§1-27-28 to 1-27-32, inclusive, except as provided in §1-27-31, is a Class 1 misdemeanor.
Source:
SL 1996, ch 12, §5; SL 2004, ch 25, §5
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-34 - Unified Judicial System and Public Utilities Commission exempt from certain records procedures.

1-27-34. Unified Judicial System and Public Utilities Commission exempt from certain records procedures.
The provisions of §§1-27-35 to 1-27-43, inclusive, do not apply to the Unified Judicial System or Public Utilities Commission.
Source:
SL 2008, ch 14, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.

1-27-35. Informal requests for disclosure of records--Costs of retrieval or reproduction.
Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval.
Source:
SL 2008, ch 14, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.

1-27-36. Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
For any informal request reasonably likely to involve a fee in excess of fifty dollars, the custodian shall provide an estimate of cost to the requestor prior to assembling the documents or records and the requestor shall confirm in writing his or her acceptance of the cost estimate and agreement to pay. The custodian may exercise discretion to waive or reduce any fee required under this section if the waiver or reduction of the fee would be in the public interest.
Source:
SL 2008, ch 14, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-37 - Written request for disclosure of records.

1-27-37. Written request for disclosure of records.
If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section:
(1)A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:
(a)Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§1-27-35 and 1-27-36;
(b)Denying the request for the record; or
(c)Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;
(2)Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;
(3)If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer's request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;
(4)If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;
(5)If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.
Source:
SL 2008, ch 14, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-38 - Civil action or administrative review of denial of written request or estimate of fees.

1-27-38. Civil action or administrative review of denial of written request or estimate of fees.
If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer's estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain:
(1)The name, address, and telephone number of the requestor;
(2)The name and business address of the public record officer denying the request;
(3)The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied;
(4)A copy of the written request;
(5)A copy of any denial or response from the public record officer; and
(6)Any other information relevant to the request that the requestor desires to be considered.
Source:
SL 2008, ch 14, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-39 - Response to notice of review.

1-27-39. Response to notice of review.
Upon receipt, the Office of Hearing Examiners shall promptly mail a copy of the notice of review filed pursuant to §1-27-38 and all information submitted by the requestor to the public record officer named in the notice of review. The entity denying the written request may then file a written response to the Office of Hearing Examiners within ten business days. If the entity does not file a written response within ten business days, the Office of Hearing Examiners shall act on the information provided. The Office of Hearing Examiners shall provide a reasonable extension of time to file a written response upon written request or agreement of parties.
Source:
SL 2008, ch 14, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-40 - Findings and decision of Office of Hearing Examiners.

1-27-40. Findings and decision of Office of Hearing Examiners.
Upon receipt and review of the submissions of the parties, the Office of Hearing Examiners shall make written findings of fact and conclusions of law, and a decision as to the issue presented. Before issuing a decision, the Office of Hearing Examiners may hold a hearing pursuant to chapter 1-26 if good cause is shown.
Source:
SL 2008, ch 14, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-40.1 - Time for compliance with decision or appeal.

1-27-40.1. Time for compliance with decision or appeal.
If the office of hearing examiners enters a decision pursuant to §1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to §1-27-41.
Source:
SL 2011, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-40.2 - Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.

1-27-40.2. Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.
In a civil action filed pursuant to §1-27-38 or upon an appeal filed pursuant to §1-27-41, if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.
Source:
SL 2011, ch 11, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-41 - Appeal.

1-27-41. Appeal.
The aggrieved party may appeal the decision of the Office of Hearing Examiners to the circuit court pursuant to chapter 1-26. In any action or proceeding under §§1-27-35 to 1-27-43, inclusive, no document or record may be publicly released until a final decision or judgment is entered ordering its release.
Source:
SL 2008, ch 14, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-42 - Public record officer for the state, county, municipality, township, school district, special district, or other entity.

1-27-42. Public record officer for the state, county, municipality, township, school district, special district, or other entity.
The public record officer for the state is the secretary, constitutional officer, elected official, or commissioner of the department, office, or other division to which a request is directed. The public record officer for a county is the county auditor or the custodian of the record for law enforcement records. The public record officer for a first or second class municipality is the finance officer or the clerk or the custodian of the record for law enforcement records. The public record officer for a third class municipality is the president of the board of trustees or the custodian of the record for law enforcement records. The public record officer for an organized township is the township clerk. The public record officer for a school district is the district superintendent or CEO. The public record officer for a special district is the chairperson of the board of directors. The public record officer for any other entity not otherwise designated is the person who acts in the capacity of the chief financial officer or individual as designated by the entity.
Source:
SL 2008, ch 14, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-44 - Restriction on internet use of social security numbers by state agencies and political subdivisions.

1-27-44. Restriction on internet use of social security numbers by state agencies and political subdivisions.
No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may:
(1)Knowingly release or post any person's social security number on the internet; or
(2)Require any person to transmit the person's social security number over the internet, unless the connection is secure or the social security number is encrypted; or
(3)Require any person to use the person's social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.
Source:
SL 2008, ch 15, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-45 - Searchable internet website for posting and access of public records and financial information.

1-27-45. Searchable internet website for posting and access of public records and financial information.
The state shall maintain a searchable internet website for the posting and access of public records and financial information of the state, municipalities, counties, school districts, and other political subdivisions. The content and operation of the website shall be administered jointly by the Bureau of Administration, Bureau of Finance and Management, and Bureau of Information and Telecommunications.
Source:
SL 2009, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-46 - Contracts to be displayed on searchable internet website.

1-27-46. Contracts to be displayed on searchable internet website.
The state shall display on the searchable internet website created pursuant to §1-27-45 copies of each written contract for supplies, services, or professional services of ten thousand dollars or more, each written contract filed with the state auditor pursuant to §1-24A-1, and each written contract filed with the attorney general pursuant to §1-11-15. Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than the retention period prescribed by §1-27-4.1.
Source:
SL 2010, ch 10, §1; SL 2018, ch 44, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-47 - Affordability of public access to electronic records database.

1-27-47. Affordability of public access to electronic records database.
A public entity that creates or maintains an electronic public records database or that enters into a contract for an electronic public records database shall consider the cost and affordability of public access.
Source:
SL 2013, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 27 - Public Records And Files › Section 1-27-48 - Documentation regarding information stored in electronic records system.

1-27-48. Documentation regarding information stored in electronic records system.
A public entity shall make available, upon request, the following documentation for each electronic records system:
(1)A narrative description of the system purpose and functionality; and
(2)Such information as may be reasonably necessary for a member of the public to request the public information that is stored in the electronic records system.
Source:
SL 2013, ch 12, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 29 - Emergency Location Of State Government › Section 1-29-1 - Proclamation moving capital under emergency conditions--Legislative action or return to Pierre.

1-29-1. Proclamation moving capital under emergency conditions--Legislative action or return to Pierre.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Pierre, Hughes County, South Dakota, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or outside of this state as the Governor may deem advisable under the circumstances, and shall take such action and issue such orders as necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. The emergency temporary location, or locations, must remain the seat of government until the Legislature establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.
Source: SL 1961, ch 287, §1; SL 2023, ch 3, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 29 - Emergency Location Of State Government › Section 1-29-2 - Validity of official acts at emergency capital.

1-29-2. Validity of official acts at emergency capital.
During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the Legislature in regular, extraordinary, or emergency session, shall be valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
Source:
SL 1961, ch 287, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 29 - Emergency Location Of State Government › Section 1-29-3 - Supremacy of chapter over conflicting law.

1-29-3. Supremacy of chapter over conflicting law.
The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.
Source:
SL 1961, ch 287, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-1 - Legislative findings and policy.

1-30-1. Legislative findings and policy.
Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this state, and its political subdivisions, in the event the incumbents thereof (and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices (hereinafter referred to as deputy)) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
Source:
SL 1961, ch 285, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-2 - Definition of terms.

1-30-2. Definition of terms.
Unless otherwise clearly required by the context, as used in this chapter:
(1)"Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;
(2)"Emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercises of the powers and discharge the duties of the office;
(3)"Office" includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the Legislature and the judiciary;
(4)"Political subdivision" includes counties, municipalities, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law;
(5)"Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
Source:
SL 1961, ch 285, §3; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-3 - Designation by state officers of emergency interim successors.

1-30-3. Designation by state officers of emergency interim successors.
All state officers, subject to such regulations as the Governor (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may issue, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three, nor more than seven, such deputies or emergency interim successors or any combination thereof, at any time.
Source:
SL 1961, ch 285, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-4 - Exercise of powers by emergency successor to state office--Termination of powers.

1-30-4. Exercise of powers by emergency successor to state office--Termination of powers.
In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this chapter (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
Source:
SL 1961, ch 285, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-5 - Local resolutions and ordinances for emergency interim succession.

1-30-5. Local resolutions and ordinances for emergency interim succession.
With respect to local offices for which the legislative bodies of municipalities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this chapter.
Source:
SL 1961, ch 285, §5; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-6 - Designation by local officers of emergency interim successors.

1-30-6. Designation by local officers of emergency interim successors.
The provisions of this section and §1-30-7 shall be applicable to officers of political subdivisions (including, but not limited to, municipalities, townships, counties, and school districts) not included in §1-30-5. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof at any time.
Source:
SL 1961, ch 285, §6; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-7 - Exercise of powers by emergency successor to local office--Termination of powers.

1-30-7. Exercise of powers by emergency successor to local office--Termination of powers.
In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.
Source:
SL 1961, ch 285, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-8 - Oath of office taken at time of designation--Formal qualification waived for emergency successors.

1-30-8. Oath of office taken at time of designation--Formal qualification waived for emergency successors.
At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
Source:
SL 1961, ch 285, §7.