This bill updates South Dakota's search and seizure laws to explicitly include digital currency as "property" covered by existing warrant procedures. It defines digital currency as value recorded on blockchain or similar distributed ledger technology (e.g., Bitcoin). The change ensures law enforcement must follow standard warrant processes when seeking digital currency, aligning it with how physical property is treated under current law. This directly affects law enforcement investigations involving digital assets and individuals holding such currency.
South Dakota's SB 49 requires direct-to-consumer genetic testing companies to protect consumers' genetic data and privacy. It mandates clear privacy policies, separate express consent for each data use (including research, marketing, or sharing with third parties), and security programs to prevent unauthorized access. Companies must also allow consumers to access, delete their data, or request destruction of biological samples within 30 days of revoking consent. This law directly affects South Dakota residents using these services and genetic testing companies operating in the state.
SB 170 requires businesses to provide a clear, upfront notice when consumers interact with chatbots, AI agents, or other technologies designed to mimic human conversation, preventing deception. It directly affects businesses using such technology in commercial transactions, mandating disclosure before interaction begins. Violations could result in actual damages, $1,000 per violation, or class-action limits of $10 million, with the attorney general able to seek enforcement. The law aims to ensure transparency in digital consumer interactions without restricting legitimate business use.
SB 114 requires South Dakota election officials to make ballot images (digital copies of paper ballots) and cast vote records (electronic records showing how votes were counted) publicly available as public records. However, it prohibits releasing these records if they include voter-identifying details like names, timing of votes, or incomplete precinct data. Specifically, records from precincts with fewer than 100 ballots must be redacted to remove ballot style identifiers and combined with records from other precincts before public release. This law applies directly to local election officials responsible for managing and releasing election data.
HB 1168 creates a property tax credit for South Dakota homeowners who pay for qualifying K-12 education expenses for children aged 5-19. The credit covers tuition, school fees (including sports/fine arts), textbooks, tutoring, test fees, transportation, and educational technology. It limits the credit to $1,000 per year or 80% of the school district taxes owed. Homeowners must apply annually by June 1st with documentation from the school or alternative instruction provider.
HB 1048 appropriates $87 million in federal funds to the Governor's Office of Economic Development for grants expanding broadband infrastructure across South Dakota, primarily benefiting rural and underserved communities lacking reliable internet access. The bill authorizes the office to distribute grants under federal broadband program guidelines, with payments processed through state vouchers and audits. It declares an emergency to expedite implementation, allowing the funding to take effect immediately upon passage. Unspent funds must revert to the state treasury per standard procedures, as specified in Chapter 4-8 of South Dakota law. This is a funding measure focused on infrastructure deployment, not regulatory changes.
HB 1237 requires app stores and developers to verify the age of users before they can access applications, with specific rules for children under 16. App stores must determine age, obtain parental consent for minors, provide digital age signals (e.g., 13-15 or 16-17), and enable parental controls for time limits and activity monitoring. The law directly affects app stores (manufacturers), app developers, and users under 16, applying to platforms distributing apps like mobile app stores. Violations could result in $5,000 civil penalties per affected child, enforced by state attorneys general.
HB 1155 amends South Dakota's investment rules to allow the state to allocate up to 10% of its investment funds into Bitcoin. The bill specifically defines Bitcoin as a digital asset meeting strict network criteria (starting from its 2009 genesis block) and requires all Bitcoin holdings to be stored through secure custody solutions or qualified custodians. It applies only to state investment funds, not individual citizens or private entities, and explicitly prohibits investments in other digital assets like cryptocurrency exchanges. The bill does not authorize new spending but modifies existing investment guidelines to include Bitcoin under defined security and limit requirements.
