88 chapters · 1,826 sections in this title.
SDCL § 1-27-29 Disclosure of information concerning private entity restricted
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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 §
SDCL § 1-27-31 Circumstances allowing for disclosure of information concerning private entity
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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 au…
SDCL § 1-27-32 Disclosure of confidential information as misdemeanor
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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
SDCL § 1-27-33 Specific public access or confidentiality provisions not superseded by chapter provisions
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The provisions of this chapter do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law. Source: SL 2004, ch 25 , § 6
SDCL § 1-27-34 Unified Judicial System and Public Utilities Commission exempt from certain records procedures
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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.
SDCL § 1-27-36 Estimate of retrieval and reproduction cost--Waiver or reduction of fee
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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 estim…
SDCL § 1-27-37 Written request for disclosure of records
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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 …
SDCL § 1-27-38 Civil action or administrative review of denial of written request or estimate of fees
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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 a…
SDCL § 1-27-39 Response to notice of review
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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 …
SDCL § 1-27-4 Format of open record
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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 th…
SDCL § 1-27-4.2 Availability of contract through internet website or database
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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. 1-27-5. Repealed by SL 1970, ch 10 , § 1 1-27-6 to 1-27-8. Repealed by SL 2009, ch 10 , §§ 11 to 13.
SDCL § 1-27-40 Findings and decision of Office of Hearing Examiners
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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 …
SDCL § 1-27-40.1 Time for compliance with decision or appeal
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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 …
SDCL § 1-27-40.2 Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access
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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 …
SDCL § 1-27-41 Appeal
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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…
SDCL § 1-27-42 Public record officer for the state, county, municipality, township, school district, special district, or other entity
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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 re…
SDCL § 1-27-43 Form of notice of review--Office of Hearing Examiners' notice
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The following forms are prescribed for use in the procedures provided for in §§ 1-27-35 to 1-27-42 , inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information req…
SDCL § 1-27-44 Restriction on internet use of social security numbers by state agencies and political subdivisions
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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 …
SDCL § 1-27-46 Contracts to be displayed on searchable internet website
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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 , an…
SDCL § 1-27-47 Affordability of public access to electronic records database
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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.
SDCL § 1-27-48 Documentation regarding information stored in electronic records system
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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 t…
SDCL § 1-27-5 Repealed by SL 1970, ch 10 , § 1 1-27-6 1-27-6 to 1-27-8
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Repealed by SL 2009, ch 10 , §§ 11 to 13. 1-27-9 Records management programs--Definition of terms. 1-27-10 Records as property of state--Damage or disposal only as authorized by law. 1-27-11 Board to supervise destruction of records--State records manager as ex officio member--Pe…
SDCL § 1-27-9 Records management programs--Definition of terms
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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 desig…