Your Comprehensive Guide to South Dakota Public Records

South Dakota Public Records

Public records in South Dakota are documents and information created, maintained, or received by government agencies in the course of their official business. These records serve as a vital resource for citizens seeking information about government operations, property ownership, vital statistics, court proceedings, and other official matters. South Dakota's commitment to government transparency is reflected in its public records laws, which establish the framework for public access to these documents.

The state maintains a comprehensive system for organizing, preserving, and providing access to public records through various state and local agencies. These records are essential tools for research, legal proceedings, genealogical studies, business operations, and informed civic participation.

Are South Dakota Records Public?

Yes, most records created or maintained by South Dakota government agencies are considered public under state law. South Dakota's open records laws operate under the presumption that government records should be accessible to the public unless specifically exempted by statute.

South Dakota Codified Law (SDCL) § 1-27-1 establishes that "all records of public agencies are public records and open to inspection by the public during normal business hours." This legal framework ensures that citizens have the right to access information about government activities and decisions.

However, not all government records are publicly accessible. South Dakota law provides specific exemptions for certain types of records to protect privacy, confidentiality, and security interests. These exemptions are outlined in SDCL § 1-27-1.5 and other statutes that designate particular records as confidential.

What Information Is Included in South Dakota Public Records?

South Dakota public records encompass a wide range of documents and information, including:

• Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records
• Property Records: Deeds, mortgages, liens, property tax assessments, and land records
• Court Records: Case files, dockets, judgments, and court proceedings
• Business Records: Corporate filings, business licenses, and professional licenses
• Criminal Records: Arrest records, criminal histories, and sex offender registry information
• Vehicle Records: Vehicle registrations, driver's licenses, and accident reports
• Government Operations: Meeting minutes, budgets, expenditures, and contracts
• Voter Registration: Voter rolls and election results
• Tax Records: Property tax assessments and records
• Professional Licenses: Records of licensed professionals in various fields

These records are maintained by different government agencies at the state and local levels, each responsible for specific types of records within their jurisdiction.

What Does the South Dakota Public Records Law Do?

South Dakota's public records law, primarily codified in SDCL Chapter 1-27, establishes the framework for public access to government records. The law:

1. Establishes the Presumption of Openness: SDCL § 1-27-1 creates a presumption that government records are open to public inspection.

2. Defines Public Records: The law defines what constitutes a public record and which government entities are subject to the requirements.

3. Outlines Request Procedures: The law establishes procedures for requesting public records and the timeframes for agency responses.

4. Sets Fee Guidelines: SDCL § 1-27-35 and § 1-27-36 authorize agencies to charge reasonable fees for searching, retrieving, and copying records.

5. Specifies Exemptions: SDCL § 1-27-1.5 and other statutes identify specific categories of records that are exempt from disclosure.

6. Provides Appeal Mechanisms: The law establishes procedures for appealing denied requests through administrative and judicial channels.

7. Imposes Penalties: The law includes provisions for penalties for agencies that willfully violate public records requirements.

The South Dakota public records law works in conjunction with other state statutes that govern specific types of records, such as vital statistics, criminal histories, and property records.

How To Find Public Records in South Dakota in 2025

Accessing public records in South Dakota typically involves the following steps:

1. Identify the Appropriate Agency: Determine which government agency maintains the records you seek. Different types of records are held by different agencies.

2. Submit a Request: Contact the agency directly with a specific request. Many agencies have forms available on their websites for public records requests.

3. Provide Required Information: Include specific details about the records you're seeking, such as names, dates, locations, or case numbers.

4. Pay Any Required Fees: Be prepared to pay reasonable fees for search, retrieval, and copying of records.

5. Follow Up: If necessary, follow up on your request to ensure it's being processed.

For commonly requested records, here are the primary agencies to contact:

• Vital Records (birth, death, marriage, divorce): South Dakota Department of Health, Office of Vital Records
• Property Records: County Register of Deeds in the county where the property is located
• Court Records: Unified Judicial System of South Dakota
• Business Records: South Dakota Secretary of State
• Criminal Records: South Dakota Division of Criminal Investigation
• Vehicle Records: South Dakota Department of Public Safety, Driver Licensing Program

Many South Dakota agencies now offer online access to certain public records through their websites, making the process more efficient.

Does South Dakota Have Free Public Records?

South Dakota law allows government agencies to charge reasonable fees for providing public records, but some records may be available at no cost, particularly when:

• The request is simple and requires minimal staff time
• The records are already available online
• The request is from another government agency
• The agency chooses to waive fees

SDCL § 1-27-35 states that agencies may charge for the actual cost of mailing, transmitting, or reproducing public records, but not for the first hour of staff time needed to fulfill a request. For requests requiring more than one hour, agencies may charge a reasonable fee for the staff time needed.

Some specific records, such as certain court documents available through the Unified Judicial System's online portal, may be accessible for free, while others require payment of statutory fees.

How Much Does It Cost To Get Public Records in South Dakota?

The cost of obtaining public records in South Dakota varies depending on:

1. Type of Record: Different records have different statutory fees.
2. Agency Policies: Each agency sets its own fee schedule within statutory limits.
3. Request Complexity: More complex requests requiring extensive search time may cost more.
4. Format Requested: Electronic copies may have different fees than paper copies.

Common fee structures include:

• Copy Fees: Typically $0.25 to $1.00 per page for paper copies
• Staff Time: After the first hour (which is free), agencies may charge for staff time at hourly rates
• Specialized Fees: Certain records have set statutory fees:
  • Birth Certificate: $15.00 per copy
  • Death Certificate: $15.00 per copy
  • Marriage Certificate: $15.00 per copy
  • Criminal History Check: $24.00

Agencies must provide an estimate of fees if requested, and some may require prepayment for requests exceeding certain amounts.

How Long Does It Take to Obtain Public Records in South Dakota?

South Dakota law requires agencies to respond to public records requests within "reasonable time frames." While there is no specific statutory deadline, agencies typically:

1. Acknowledge receipt of requests within a few business days
2. Provide records within 10-15 business days for straightforward requests
3. May take longer for complex requests involving extensive searches or large volumes of records

Factors that can affect response time include:

• Volume and complexity of the requested records
• Need for legal review to determine if exemptions apply
• Staff availability and workload
• Need to redact confidential information
• Format of the records (paper vs. electronic)

If a request will take an extended period to fulfill, agencies should provide an estimated timeframe for completion.

What Records Are Confidential In South Dakota?

South Dakota law exempts certain records from public disclosure. SDCL § 1-27-1.5 lists numerous categories of confidential records, including:

• Personal information in personnel records
• Medical records and health information
• Records containing trade secrets or proprietary business information
• Records subject to attorney-client privilege
• Records containing personal identifying information (SSNs, financial account numbers)
• Certain law enforcement investigative records
• Juvenile court records
• Adoption records
• Records specifically declared confidential by other statutes
• Records that would constitute an unwarranted invasion of personal privacy
• Records that would endanger public safety if disclosed
• Certain educational records protected by federal law (FERPA)
• Records related to security measures and emergency response plans

Additionally, other South Dakota statutes designate specific types of records as confidential, such as certain child welfare records, mental health commitment proceedings, and substance abuse treatment records.

Who Has the Right To Request Public Records in South Dakota

Under South Dakota law, any person has the right to request public records. SDCL § 1-27-1 states that public records are open to inspection "by any person during normal business hours." This includes:

• South Dakota residents
• Non-residents
• Media organizations
• Businesses and corporations
• Non-profit organizations
• Attorneys and legal representatives
• Government agencies
• Academic researchers

Requesters do not need to:

• Provide identification
• State the purpose of their request
• Be a South Dakota resident
• Have a direct interest in the records

However, agencies may require contact information to respond to the request and may ask for clarification if the request is unclear or overly broad.

What Can Be Done With Public Records in South Dakota

Public records obtained in South Dakota may be used for various legitimate purposes, including:

• Research and Investigation: Historical, genealogical, or academic research
• Legal Proceedings: Evidence in court cases, background for legal actions
• Business Purposes: Due diligence, market research, competitive analysis
• Property Transactions: Title searches, property valuation, development planning
• Media Reporting: Investigative journalism, fact-checking, public interest stories
• Personal Information: Family history research, verification of vital events
• Government Accountability: Monitoring government activities and expenditures
• Background Checks: Employment screening, tenant verification (subject to applicable laws)

While public records are generally available for any use, certain restrictions may apply:

• Records cannot be used for illegal purposes
• Some records may have restrictions on commercial use or resale
• Use of personal information may be subject to privacy laws
• Certain professional licenses may restrict how information can be used

Key Agencies and Departments for Public Records in South Dakota

South Dakota Secretary of State
500 E. Capitol Avenue
Pierre, SD 57501
(605) 773-3537
South Dakota Secretary of State

South Dakota Department of Health, Office of Vital Records
207 E. Missouri Avenue, Suite 1-A
Pierre, SD 57501
(605) 773-4961
South Dakota Department of Health

South Dakota Division of Motor Vehicles
118 W. Capitol Avenue
Pierre, SD 57501
(605) 773-3541
South Dakota Division of Motor Vehicles

South Dakota Division of Criminal Investigation
1302 E. Highway 14, Suite 5
Pierre, SD 57501
(605) 773-3331
South Dakota Division of Criminal Investigation

Unified Judicial System of South Dakota
500 E. Capitol Avenue
Pierre, SD 57501
(605) 773-3474
South Dakota Unified Judicial System

South Dakota State Archives
900 Governors Drive
Pierre, SD 57501
(605) 773-3804
South Dakota State Archives

South Dakota Department of Revenue
445 E. Capitol Avenue
Pierre, SD 57501
(605) 773-3311
South Dakota Department of Revenue

South Dakota Department of Labor and Regulation
700 Governors Drive
Pierre, SD 57501
(605) 773-3101
South Dakota Department of Labor and Regulation

South Dakota Department of Agriculture & Natural Resources
523 E. Capitol Avenue
Pierre, SD 57501
(605) 773-5559
South Dakota Department of Agriculture & Natural Resources

South Dakota Attorney General's Office
1302 E. Highway 14, Suite 1
Pierre, SD 57501
(605) 773-3215
South Dakota Attorney General

How to Appeal a Denied Public Records Request in South Dakota

If your request for public records in South Dakota is denied, you have several options for appeal:

1. Informal Resolution: Contact the agency that denied your request to discuss the reasons for denial and possible modifications to your request that might allow for disclosure.

2. Administrative Appeal: Some agencies have internal appeal procedures. Ask the agency about their specific process for reconsidering denied requests.

3. Office of Hearing Examiners: For certain agencies, you may be able to appeal to the Office of Hearing Examiners, which conducts administrative hearings for various state agencies.

4. Circuit Court Action: Under SDCL § 1-27-38, you can file a civil action in circuit court to compel disclosure of records. The court may:

   • Order the agency to disclose the records
   • Award attorney fees and costs if you substantially prevail
   • Assess civil penalties against agencies for willful violations

5. Attorney General Opinion: You may request an opinion from the South Dakota Attorney General regarding whether the records should be disclosed.

When appealing a denial:

• Act promptly, as there may be time limitations
• Clearly identify the records requested and the basis for your appeal
• Cite relevant provisions of South Dakota's public records law
• Maintain copies of all correspondence with the agency

Difference Between Federal and South Dakota Public Records

Jurisdiction The Freedom of Information Act (FOIA), codified at 5 U.S.C. § 552, governs access to records held by federal executive branch agencies such as the U.S. Department of the Interior, Department of Agriculture, or Federal Bureau of Investigation. FOIA does not apply to records maintained by state or local governments. In South Dakota, access to public records is governed by South Dakota Codified Laws (SDCL) Chapter 1-27 – Public Records and Files, which applies to records maintained by state agencies, counties, municipalities, school districts, and other public bodies within the state.

Exemptions FOIA contains nine exemptions covering areas such as:

• National security and classified information
• Internal agency rules and practices
• Trade secrets and confidential business information
• Law enforcement records where disclosure could interfere with proceedings or invade privacy
• Certain inter- and intra-agency communications protected by legal privileges

South Dakota’s public records law has its own list of exemptions, including:

• Personal information in personnel files
• Medical and mental health records
• Certain law enforcement investigatory records
• Trade secrets and proprietary financial information
• Records made confidential by other state or federal laws
• Juvenile court and law enforcement records

Right to Request FOIA allows any person, including foreign nationals, to request federal agency records. South Dakota law similarly permits any person to request public records without a residency requirement and does not require the requester to provide a reason for the request.

Response Timelines Under FOIA, agencies must respond within 20 business days, with possible extensions for unusual circumstances. South Dakota law requires a response to public records requests within 10 business days unless additional time is justified by the nature or volume of the request.

Appeals and Enforcement FOIA denials can be appealed within the federal agency, and if denied again, the requester may file suit in U.S. District Court. In South Dakota, a requester who is denied access may file a civil action in circuit court under SDCL 1-27-38 to compel disclosure. In certain cases, disputes may also be submitted to the South Dakota Office of Hearing Examiners for review.

Penalties for Non-Compliance FOIA does not impose direct fines on agencies for non-compliance, but courts can award attorney’s fees and costs to prevailing requesters. South Dakota law provides that a public official who knowingly violates the open records statutes may face removal from office or other disciplinary action under applicable ethics or employment rules.

Legal References

• Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
• State Law: South Dakota Codified Laws – Chapter 1-27 – Public Records and Files
• Enforcement Authority: South Dakota Office of Hearing Examiners – 500 East Capitol Avenue, Pierre, SD 57501. Phone: (605) 773-6811.

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