State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
SENATE LOCAL GOVERNMENT
ENGROSSED NO. SB 75 - 2/8/2012
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 fee may be charged
for 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. 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
No fee may be charged for any minutes that were recorded in the last three years or for any
accounting record in its original format. Any confidential information in the accounting record
related to the payroll shall be redacted or password protected.