Open Records

South Dakota’s public records law is commonly called the Sunshine Law, codified in Title 1, Chapter 27 of the South Dakota Codified Laws (SDCL). It creates a presumption that government records are open to public inspection unless a specific statutory exemption applies.

Who can request records

Any person – individual or organization – may request records. South Dakota doesn’t require requesters to be state residents, and no statement of purpose is required. There are generally no restrictions on how records may be used, though certain subscription or license-holder lists cannot be resold or redistributed, and incarcerated individuals cannot access some records about correctional facilities.

What’s covered

All records kept by public bodies, regardless of physical form. The law covers the executive and legislative branches; the judiciary is not subject to the Sunshine Law.

How to request

Submit a written request in person, by mail, or by email, with a specific description of the records sought. Some agencies provide a request form online or in person, though it’s usually not mandatory. South Dakota also offers OpenSD, a searchable website with many public documents already available without a formal request.

Response timeline

Public agencies are generally expected to respond within 10 business days – though South Dakota’s underlying statute itself doesn’t specify a fixed legal deadline, various state resources describe a working 10-business-day standard. A response can be providing the records, notifying the requester that a records custodian has the request with a time estimate, or citing an applicable exemption.

Fees

– Fee structures are largely left to individual agency discretion; South Dakota law doesn’t set a specific statewide rate. – Common practice: no charge for the first hour of staff time, with fees applying beyond that for search, retrieval, and redaction, plus actual copying and mailing costs. – Fees must be kept to actual cost. – Fee waivers are available for requests that serve the public interest.

Exemptions

SDCL § 1-27-1.5 and related statutes identify specific categories exempt from disclosure – including examination materials for licensing/certification tests (explicitly exempted).

If your request is denied

Appeals are heard administratively by the South Dakota Office of Hearing Examiners – a requester has 30 days from the denial to file this appeal, so acting promptly matters. If the Office of Hearing Examiners doesn’t rule favorably, further appeal is available through South Dakota’s circuit court system. While South Dakota law technically allows public records violations to be charged as a felony, this enforcement mechanism has reportedly never actually been used – in practice, the administrative appeal and circuit court paths are the realistic avenues for a denied requester.

A note on terminology

South Dakota’s law is officially the “Sunshine Law” (SDCL Title 1, Ch. 27) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).