South Dakota License Plate Reader Laws (2026)

South Dakota has no license plate reader statute. We searched the entire Codified Laws and found nothing that names or regulates plate readers. The state's attorney general has announced a proposal for the 2027 session, which is not yet a bill.

Information reviewed September 30, 2026.

For related pages, see the South Dakota entry in the state comparison, the ALPR laws hub, Are Flock cameras legal?, What are Flock cameras?, and our South Dakota surveillance camera laws guide.

Does South Dakota have a license plate reader law?

No. We fetched every chapter of the Codified Laws, 1,174 chapters across the titles of the Legislature's statute service, on September 30, 2026 and searched the text. The phrases plate reader, plate recognition, automated or automatic license plate, vehicle location, location data and facial recognition returned no matches.

"License plate" does appear, in 21 chapters, all in registration, issuance, display, special plate, fuel theft or sex offender registration contexts. One example is SDCL 22-30A-41, under which a law enforcement officer who is given the license plate number of a driver who did not pay for motor fuel provides the owner's name and addresses to the fuel retailer. The phrase "location information" appears only in the 911 chapter, 34-45. Separately, SDCL 32-28-17 bars state, county, municipal and township authorities from contracting with a private corporation for red light photo monitoring, and SDCL 32-28-21 and 32-28-22 bar the Department of Public Safety and the Division of Motor Vehicles from entering into a compact to give another state information used to impose or collect a red light or speed camera fine, and from sharing that information through an existing interstate compact unless the compact specifically allows or requires it. Neither addresses plate readers.

The search covers statutes only. It does not cover agency policies, local ordinances or contracts.

Are South Dakota plate reader records public?

The open-records law has no plate reader provision. Under SDCL 1-27-1.5(5), records developed or received by law enforcement agencies are not open to inspection "if the records constitute a part of the examination, investigation, intelligence information, citizen complaint or inquiry, informant identification, or strategic or tactical information used in law enforcement training."

We found no Attorney General opinion or court decision on whether raw plate reads, hot lists, camera locations, audit logs or vendor contracts fall within that category. A request would be decided under the general terms above and the other listed exceptions, including records whose disclosure would be an unreasonable release of personal information under SDCL 1-27-1.5(22).

Does South Dakota require a warrant for tracking?

SDCL 23A-35-4.3 sets out when a magistrate may issue a tracking device search warrant: on probable cause, for up to 60 days, with extensions of up to 60 days each for good cause. It defines a tracking device as "an electronic or mechanical device that permits the tracking of the movement of a person or object, including GPS, cellular device, electronic video surveillance, or any other covert tracking or surveillance device."

The statute is written for installation of covert devices. We found no South Dakota source that applies it to plate readers, so this page does not say it does.

Does South Dakota limit sharing plate data with federal agencies?

We found no South Dakota statute that addresses sharing plate data. One general law touches immigration cooperation. SDCL 23-3-74, enacted in 2025, provides that no state entity or political subdivision may adopt or implement a policy, order or ordinance that "limits or prohibits an individual from communicating or cooperating with a federal agency or official to verify or report the immigration status of another individual."

It is a rule favoring cooperation. It does not mention license plates or plate data, and we found no source applying it to plate reader sharing. We also found no comprehensive consumer privacy act or data broker act in the code. A 2026 bill numbered SB 49 covers genetic data only, going by its title.

Is South Dakota considering a plate reader bill?

Not yet as a bill. We scanned the titles and keywords of the 666 bills introduced in the 2026 regular session and found none concerning plate readers. The scan did not read bill text.

Attorney General Marty Jackley announced on August 12, 2026 that he will propose legislation limiting plate reader use to "legitimate law enforcement purposes," with data protected and deleted within an established period unless relevant to an ongoing investigation, according to South Dakota Searchlight. The outlet reports the proposal is for the 2027 session, that his term ends in January 2027, and that he is running for the U.S. House. We did not open an official Attorney General release or a bill draft. Nothing is law.

The Legislature's next regular session convenes in January 2027, and we have not confirmed the exact date.

Have South Dakota localities acted?

One record is in our deployment list. On September 9, 2026, Dakota News Now reported that the Sioux Falls council finalized its budget and kept $120,000 of Flock camera funding in it. We could not open the city's own plate reader page, so we state nothing here about Sioux Falls policies on retention or who may search the data.

The list is not complete, and other South Dakota agencies use plate readers that this page does not cover.

How can I check my local system?

Because no state statute sets rules, the governing documents are the agency's own. Ask the operating agency for its written plate reader policy, retention setting, who may search the data and its vendor contract. A records request would be evaluated under the exemption described above. For how the technology works, see What are Flock cameras?.

Last updated: September 30, 2026. This page reflects the statutes and records described above as we reviewed them; it is general legal information, not legal advice.

Frequently Asked Questions

Is it legal to use a license plate reader in South Dakota?

We found no South Dakota statute that prohibits, authorizes or regulates plate readers, after searching all 1,174 chapters of the Codified Laws on September 30, 2026. That is a statutory finding only and does not cover agency policies.

How long can South Dakota police keep license plate reader data?

We found no statute or rule setting a retention period. We did not review agency or city policies, so we make no statement about any agency's terms.

Can I request South Dakota plate reader records?

The open-records law applies, and SDCL 1-27-1.5(5) closes certain law enforcement investigation records. We found no opinion or ruling on whether plate reads, logs or contracts fall within it.

Is there a pending South Dakota plate reader bill?

None was introduced in 2026 by our title scan. The attorney general announced in August 2026, as reported by South Dakota Searchlight, that he will propose limits for the 2027 session. It is not law.

Does South Dakota require a warrant for plate readers?

We found no plate reader warrant rule. SDCL 23A-35-4.3 governs warrants for tracking devices, but it is written for covert devices and we found no source applying it to plate readers.