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.
HOUSE ENGROSSED NO. SB 75 - 2/27/2012
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
by transmitting it from a modem to an outside modem, a reasonable fee may be charged
for such any 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 governmental entity.
No fee may be charged for the electronic transfer of any minutes of open meeting actions
of a political subdivision, board or agency of a political subdivision, or the governing board of
an agency that levies property taxes that were recorded in the last three years.