SB 44 allows South Dakota's Attorney General to obtain business records from internet and telecom providers during criminal investigations of internet crimes against children or human trafficking. It requires judicial approval based on "reasonable cause" before issuing subpoenas for specific records like IP addresses, account details, and device information. Hughes County judges have statewide authority to approve these subpoenas, which cannot notify account holders, and obtained records must be used solely for law enforcement with privacy safeguards. The bill directly affects providers (including internet and telecom companies) by mandating compliance with court-ordered requests for targeted data.
HB 1280 prohibits drone use for surveillance, recording, or interference at South Dakota state military installations, facilities, aircraft, vehicles, or weapons systems without prior written consent from the facility commander. Violating this prohibition is classified as a Class 6 felony. The bill authorizes law enforcement to intercept or disable such drones using jamming, hacking, or physical capture - excluding firearms - if there is reasonable suspicion of an imminent threat to public safety. Drones used in violations may be forfeited, destroyed, or otherwise disposed of by court order.
SB 110 requires broadband internet providers in South Dakota to obtain explicit customer permission ("opt-in consent") before using, sharing, or selling most types of personal customer data, including location, health details, device identifiers, and financial information. It directly affects broadband service providers (like local internet companies) and their customers by mandating clear consent mechanisms that are easy to understand and use. Key provisions include prohibiting providers from charging higher prices or denying service based on a customer’s refusal to consent, and requiring that consent requests be conspicuous, non-misleading, and available at no extra cost. The law applies specifically to "broadband internet access service providers" as defined in the bill, covering data collected through the customer-provider relationship.
This bill exempts sales tax on enterprise information technology equipment and computer software purchased for use in South Dakota's qualified data centers. It directly affects data center owners, operators, or tenants (referred to as "qualified businesses") who meet specific criteria, such as having facilities classified as real property subject to taxation and equipped with fire suppression systems. The key mechanism requires businesses to submit documentation to the Department of Revenue to verify eligibility and maintain annual certification. To retain the exemption, businesses must also ensure electric service agreements avoid shifting costs to other customers and confirm water usage compatibility with local providers. The tax exemption applies to equipment like servers, cooling systems, power infrastructure, and security systems used exclusively in these facilities.
SB 127 limits data center operations to reduce disruptions for nearby residents. It prohibits new data centers within one mile of residential areas (though local governments can set stricter rules) and caps continuous noise at 45 decibels near residential property lines. The bill defines data centers broadly to include cloud services, cryptocurrency mining, and streaming platforms. Violations would be deemed legal nuisances, allowing state attorneys or affected residents to seek court orders to stop the disruptions.
HB 1054 repeals the creation and budgeting requirements for South Dakota's Digital Dakota Network. The bill removes specific statutory provisions that established the network's structure, budgeting process, and the separate Office of Digital Dakota Network within the Bureau of Information and Telecommunications. It transfers all remaining network-related functions - including management, programming, and budgeting - directly to the Bureau of Information and Telecommunications. This change eliminates the network as a distinct program and ends the requirement for the Bureau to submit separate budgets for it. The bill directly affects the Bureau of Information and Telecommunications, which will now manage all telecommunications network operations under existing authority.
SB 66 prohibits South Dakota election officials from using automatic tabulating equipment or electronic ballot marking systems for any election. The bill requires all ballots to be hand-counted manually in public view, replacing electronic processing with paper-based counting. It directly affects county auditors, precinct election boards, and all election administrators responsible for ballot handling and counting. The law mandates that ballots must be printed on paper (not processed electronically), with all vote counts performed manually after polls close, eliminating electronic tabulation entirely.
