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Click on your state to view detailed FOIA guidance
Click on your state to view detailed FOIA guidance
Each state page includes: response deadlines, fee structures, special rights, exemptions, enforcement options, and success strategies
- Statute
- SDCL Chapter 1-27
- Year Enacted
- 1970 (amended 2024)
- Response Deadline
- 10 business days
- Who Can Request
- Anyone
- Fees
- Yes
- Attorney Fees
- Not recoverable
- Enforcement
- Multiple mechanisms
Last verified: February 18, 2026
Use South Dakota FOIA TemplateDefinition of Public Record
Public records are defined as all records kept by public bodies in South Dakota, no matter the physical form. The state also offers OpenSD, a search-able website with many public documents available.
Exemptions to Public Records
Exempt: Savings and loan association reports; school records; juvenile court records; adoption records; hospital licensing and inspection information; and medical research information.
🔍 Search Common Exemptions
Exemption database for SD is being compiled. Check back soon!
Who Can Make a Request?
Anyone.
Response Timeframe
Timeframe not specified.
📅 Calculate Your Response Deadline
Information on Fees
The state’s fee provision states that fees must be kept to actual cost for mailing, transmittal, or reproduction. Fees can be incurred after one hour of employee labor time.
Enforcement Mechanisms
The civil options are a lawsuit or administrative hearing with appeal to circuit court. SDCL §1-27-38.246 Although the open records statutes do not provide any specific criminal sanctions, the criminal code, itself, makes it a felony to destroy, conceal, remove or impair the availability of any public record. SDCL §22-1-24. Therefore, it is logical to conclude that the local states attorneys would/should enforce the act. However, there are no recorded cases of prosecutions for open records violations.
Attorney Fees
It is possible, but the RCFP guide to South Dakota public records states that they are unlikely to be granted.
🚀 Ready to Request Records?
Choose how you want to proceed with your SD public records request:
💡 Both options provide comprehensive, well-formatted requests based on SD transparency law.