SB 111 requires social media companies operating in South Dakota to give users access to their collected personal data upon request and maintain transparent, publicly available technical standards (open protocols) that allow different social media platforms to share user data. It directly affects social media companies by mandating data access for users and requiring interoperability interfaces that are free from licensing fees or patent restrictions. Key provisions define "personal data" as information linked to an identifiable individual (excluding de-identified or public data) and specify that interoperability must enable data exchange between platforms via open protocols. The bill focuses on concrete policy changes: user data access and standardized data-sharing mechanisms, without specifying enforcement or penalties.
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.
SB 75 expands eligibility for South Dakota's cybersecurity services initiative to include nonprofit utility companies and utilities operated by local governments (like cities or counties). It appropriates $7 million from the general fund to the Attorney General's Office to fund cybersecurity infrastructure and administrative costs for eligible entities. The bill modifies existing law to allow these newly included organizations to access the initiative's resources, which previously covered only counties and municipalities. Funds must be used to protect IT assets and address specific cybersecurity needs of participating local governments and utilities. The initiative aims to improve cybersecurity across state government and service provider networks.
This bill amends existing state consumer protection laws to add requirements for age verification and parental consent for application stores, which are digital platforms where users download software applications. The legislation would require these stores to verify the age of users and obtain parental consent from minors before allowing them to access or download applications. It also establishes penalties for businesses that fail to comply with these new verification and consent requirements. The bill does not create new consumer protection categories but rather modifies existing deceptive trade practices provisions to include digital application store compliance.
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.
SB 205 revises drone registration fees in South Dakota, charging 1.5% of purchase price for agricultural drones and 2% for all other drones. The collected fees fund a new "drone aviation fund" administered by the Board of Technical Education to support drone training grants at state technical colleges. This bill directly affects drone owners (especially agricultural users) by changing their registration tax rates and creating a dedicated funding source for drone industry workforce development. The fund will receive all drone registration fees and interest, with expenditures requiring annual budget approval. The bill does not apply to small unmanned aircraft systems covered under federal regulations.
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 232 imposes a one-year moratorium (through June 30, 2027) on building new hyperscale data centers or expanding existing ones to meet the hyperscale definition in South Dakota. A "hyperscale data center" is defined as a facility with peak electrical demand of 50 megawatts or greater, used for storing, managing, and processing large volumes of electronic data. The moratorium applies to both new construction and expansions that would cause a facility to reach or exceed the 50-megawatt threshold. This bill directly affects data center developers and operators planning projects meeting the specified size criteria.
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.
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.
