Any state agency publication, pamphlet, flyer, or brochure intended for distribution to the public at large and with a total cost exceeding $100 must bear an inscription containing that information required by SDCL 5-18D-15. However, the commissioner of the Bureau of Human Resources and Administration may grant an exemption to the agency based on the following criteria:

1. (1) Whether the state agency assesses a fee or a charge for the pamphlet, brochure, flyer, or publication;
2. (2) Whether the pamphlet, brochure, flyer, or publication is used by a state agency for the purpose of recruitment;
3. (3) Whether the pamphlet, brochure, flyer, or publication is required by statute; and
4. (4) Whether the pamphlet, brochure, flyer, or publication is issued by the state agency in recognition of an event, in appreciation for performance, or as a salutation.

Source: 18 SDR 62, effective October 9, 1991; 37 SDR 111, effective December 7, 2010 ; 52 SDR 46, effective October 27, 2025 .

General Authority: SDCL 5-18D-15 .

Law Implemented: SDCL 5-18D-15 .

Prior versions effective: 2010-12-07.