South Dakota: Denied Personalized License Plates

Adam,

Our agency has received your request for information related to motor vehicle license plates in South Dakota. At this time I am working with our team to see what information is allowed, readily available. We have identified that a portion of your request will need one hour of specialized programming to pull. The cost involved in this public records request for specialized programming time is $84.50 per hour.

According to SDCL 1-27-1.2, if a custodian of a public record...provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service.

Before I have the programmers working on your request I need confirmation that you accept the charges of $84.50, which will be due once the work is completed and prior to us releasing that information to you.
Bobi Adams
deputy director of Administration, strategy and communication
South Dakota Department of Revenue

Adam,

We can do a credit card over the phone as soon as I have the data file from the programmers. Your request has been submitted and should be available within two weeks. The following are responses to the other questions included in your open records request.

1. If one is kept, a copy of the current list of prohibited or automatically denied vanity or personalized license plates.
South Dakota does not maintain a list of prohibited or automatically denied vanity or personalized license plates.

2. A copy of any list of requested vanity or personalized plates denied in 2021 or 2022.
This information can be pulled but requires one hour of specialized programming. The request has been approved by requestor on 4/3/2022. The programmers have been notified and as soon as the information is available will be released upon receipt of payment.

3. For any denied application for vanity or personalized plate, a copy of the application and any correspondence sent to the applicant. This request is limited to denials after January 1, 2022.
Unable to disclose since applications contain personal information per SDCL 32-5-144.

32-5-144. Disclosure of personal information contained in motor vehicle records prohibited--Exceptions.
Notwithstanding any other provision of state law to the contrary, except as provided in §§ 32-5-145 to 32-5-147, inclusive, the department and any officer, employee, agent, or contractor thereof may not disclose personal information about any person obtained by the department in connection with a motor vehicle record. Under no circumstances may a person's social security number or medical or disability information from a motor vehicle record be disclosed, except for the purposes permitted by subdivisions 32-5-147(1), (3), and (5).
Source: SL 2001, ch 165, § 2.

4. If a system is maintained for soliciting or receiving complaints concerning vanity or personalized license plates, a copy of any complaint received in 2021 or 2022.
South Dakota does not have a system that maintains a list of complaints or concerns regarding personalized or vanity plates.

5. If any vanity or personalized license plates have been revoked since January 1, 2021, any records related to the revocation.
There have been no revoked personalized license plates since January 1, 2021.

6. A copy of any statute or regulations concerning what combination of vanity or personalized license plates are permitted or prohibited.
The statutes that regulate personalized plates are South Dakota Codified Laws 32-5-89, 32-5-89.2, and 32-5-89.3. Additional guidelines are included in the personalized plate application.

7. A list of all personalized or vanity license plates now in circulation. Alternatively, a list of such plates issued since January 1, 2018.
This information can be pulled but requires specialized programming. The request has been approved by requestor on 4/3/2022. The programmers have been notified and as soon as the information is available will be released upon receipt of payment.

8. A copy of any directions, guidelines, or training materials concerning review of vanity or personalized plates provided to staff members responsible for reviewing such applications.
https://dor.sd.gov/media/3ejfnthn/mvprocedures-manual.pdf, pages 130 – 131.

Bobi Adams
DEPUTY DIRECTOR OF ADMINISTRATION, STRATEGY AND COMMUNICATION
SOUTH DAKOTA DEPARTMENT OF REVENUE
445 East Capitol Avenue • Pierre, SD 57501
(605) 773-5815 • dor.sd.gov

Adam,

We can do a credit card over the phone as soon as I have the data file from the programmers. Your request has been submitted and should be available within two weeks. The following are responses to the other questions included in your open records request.

1. If one is kept, a copy of the current list of prohibited or automatically denied vanity or personalized license plates.

South Dakota does not maintain a list of prohibited or automatically denied vanity or personalized license plates.

1. A copy of any list of requested vanity or personalized plates denied in 2021 or 2022.

This information can be pulled but requires one hour of specialized programming. The request has been approved by requestor on 4/3/2022. The programmers have been notified and as soon as the information is available will be released upon receipt of payment.

1. For any denied application for vanity or personalized plate, a copy of the application and any correspondence sent to the applicant. This request is limited to denials after January 1, 2022.

Unable to disclose since applications contain personal information per SDCL 32-5-144.

32-5-144<https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=32-5-144>. Disclosure of personal information contained in motor vehicle records prohibited--Exceptions.

Notwithstanding any other provision of state law to the contrary, except as provided in §§ 32-5-145<https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=32-5-145> to 32-5-147<https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=32-5-147>, inclusive, the department and any officer, employee, agent, or contractor thereof may not disclose personal information about any person obtained by the department in connection with a motor vehicle record. Under no circumstances may a person's social security number or medical or disability information from a motor vehicle record be disclosed, except for the purposes permitted by subdivisions 32-5-147(1), (3), and (5).

Source: SL 2001, ch 165, § 2.

1. If a system is maintained for soliciting or receiving complaints concerning vanity or personalized license plates, a copy of any complaint received in 2021 or 2022.

South Dakota does not have a system that maintains a list of complaints or concerns regarding personalized or vanity plates.

1. If any vanity or personalized license plates have been revoked since January 1, 2021, any records related to the revocation.

There have been no revoked personalized license plates since January 1, 2021.

1. A copy of any statute or regulations concerning what combination of vanity or personalized license plates are permitted or prohibited.

The statutes that regulate personalized plates are South Dakota Codified Laws 32-5-89, 32-5-89.2, and 32-5-89.3. Additional guidelines are included in the personalized plate application.

1. A list of all personalized or vanity license plates now in circulation. Alternatively, a list of such plates issued since January 1, 2018.

This information can be pulled but requires specialized programming. The request has been approved by requestor on 4/3/2022. The programmers have been notified and as soon as the information is available will be released upon receipt of payment.

1. A copy of any directions, guidelines, or training materials concerning review of vanity or personalized plates provided to staff members responsible for reviewing such applications.
https://dor.sd.gov/media/3ejfnthn/mvprocedures-manual.pdf, pages 130 - 131.

Bobi Adams
deputy director of Administration, strategy and communication
South Dakota Department of Revenue

Adam,

Thank you for the timeliness on your follow up.

I am able to cancel the request. At this time I am closing your open records request, unless there is additional information you are requesting?

Bobi Adams
deputy director of Administration, strategy and communication
South Dakota Department of Revenue