State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
SENATE BILL NO. 75
Introduced by: Senators Kraus, Maher, Nelson (Tom), and Novstrup (Al) and
Representatives Willadsen and Hunt
FOR AN ACT ENTITLED, An Act to revise the determination of fees that may be charged for
certain public records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-27-1.2 be amended to read as follows:
1-27-1.2. If a custodian of a public record of a county, municipality, political subdivision,
or tax-supported district provides to a member of the public, upon request, a copy of the public
record by transmitting it from a modem to an outside modem,
a reasonable no
fee may be
such specialized service. Such fee may include a reasonable amount representing
a portion of the amortization of the cost of computer equipment, including software, necessarily
added in order to provide such specialized service the transmission of data in its original form.
However, if the person requesting the public record requests a form that is different from its
original form, a reasonable fee may be charged for the data conversion
. This section does not
require a governmental entity to acquire computer capability to generate public records in a new
or different form if that new form would require additional computer equipment or software not
already possessed by the governmental entity.
180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.
Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by