Title 1 — STATE AFFAIRS AND GOVERNMENT

There is hereby created in the state treasury a records management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration and operation of the records management program to all state departments, a…

The head of each agency shall submit to the commissioner of human resources and administration, in accordance with the procedures, rules, and standards established by the commission, schedules proposing the length of time each state record series warrants retention for administra…

The head of each agency, also, shall submit lists of state records in his or her custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant further keeping for disposal in conformity with th…

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 t…

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 …

Any record transferred to the physical custody of the archivist remains the legal property of the agency of origin, subject to all existing copyrights and statutory provisions regulating the record's usage, until such time as the agency head formally transfers legal title to the …

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 human resources and administration. Source: SL 1967, ch 253 ,…

The commissioner of human resources and 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 pu…

Upon request, the commissioner of human resources and 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 service…

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 r…

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 destr…

1-27-4 Format of open record. 1-27-4.1 Format of written contracts--Storage with records retention officer or designee--Duration. 1-27-4.2 Availability of contract through internet website or database. 1-27-5

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…

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 reco…

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 app…

1-27-24 Effect of common language requirement on state employment. 1-27-25 Common language requirements not applicable to private activities. 1-27-26

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 §

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 politic…

1-27-27 Requesting information or data from a state agency. 1-27-28 Definition of terms. 1-27-29 Disclosure of information concerning private entity restricted. 1-27-30 Confidentiality of proprietary or trade information of private entity. 1-27-31 Circumstances allowing for discl…

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 D…

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,…

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 §

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…

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

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

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.

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…

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 …

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…

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 …

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…

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.

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 …

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 …

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 …

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…

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…

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…

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 …

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…

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.

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…

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…

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…

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…

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 conven…

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.

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…

Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including § 1-30-9 , said persons shall serve in their designated capacities at the pleasure of t…

Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the…