Commerce and Energy

SB 221 regulates the sale of nicotine vapor products in South Dakota. It directly affects retailers and distributors by banning ingredients like vitamin E acetate, requiring child-resistant packaging, and mandating labels listing ingredients and nicotine warnings. The bill prohibits advertising that targets minors (e.g., using cartoons or gaming themes) and bans free samples. Violations are classified as Class 2 misdemeanors. The law aims to restrict product safety risks and marketing appealing to youth.

HB 1049 prohibits entities from certain countries (as defined by existing law) or non-U.S. citizens from owning, operating, or controlling electric facilities in South Dakota, including power generation, transmission, and distribution infrastructure. It requires prohibited persons who already own such facilities to sell their interest within one year and bans agreements that would grant them indirect control. The Public Utilities Commission can investigate violations, seek court action to enforce divestiture or forfeit facilities, and recover legal costs. The bill explicitly excludes cases where a facility's ownership issue stems solely from the former owner's nationality.

SB 98 requires operators of virtual currency kiosks in South Dakota to obtain a license under existing financial regulations (Chapter 51A-17). It mandates detailed reporting to the state, including transaction volumes, user complaints, refund requests, and suspicious activity. The bill also requires kiosk operators to provide users with receipts containing transaction details, exchange rates, virtual currency addresses, and refund policies. These provisions directly affect kiosk operators (licensees) and users engaging in virtual currency transactions at these locations. The law aims to increase transparency and accountability in virtual currency kiosk operations.

SB 36 requires electric utilities and wholesale electricity generators in South Dakota to develop and submit wildfire mitigation plans to either the Public Utilities Commission or their local governing body (like a city council). These plans must include specific strategies for risk assessment, infrastructure inspections, vegetation management, and community outreach to reduce wildfire risks. Utilities must also submit annual compliance reports by April 1st each year, with filing fees of $500 for initial plans and $250 for reports. The bill establishes a standardized process for these plans and reports but does not specify liability protections beyond the plan requirements.

SB 88 clarifies the process for entities seeking to examine private property for public projects (like utility lines) without the owner's permission. It requires such entities to provide 30 days' written notice detailing the property area, timing, and purpose, and pay for any damage caused - $500 upfront for common carrier projects. Property owners can challenge the examination in court within 30 days of receiving notice. The bill applies only to projects needing a siting permit (e.g., utilities), not state entities, and defines "examination" as a minimally invasive inspection causing minor soil disturbance.