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Include a hybrid facility as a facility to be regulated by the Public Utilities Commission.

This bill expands what the Public Utilities Commission regulates by adding "hybrid facilities" (facilities that combine multiple energy sources) to the definition of "energy conversion facilities" that require state approval. Under current law, wind and solar facilities are excluded from this regulatory requirement, but hybrid facilities that can produce 100 megawatts or more of electricity will now need PUC oversight like other major power generation projects.

Prohibit the misbranding of any cell-cultured protein product.

South Dakota is clarifying its food labeling rules to prohibit misleading labels on cell-cultured protein products (lab-grown meat alternatives). The bill updates the existing definition of "misbranded" food to ensure these products are labeled truthfully and not marketed under false or deceptive names. This protects consumers by requiring clear identification of what they're actually buying.

Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

South Dakota websites that regularly host or distribute material harmful to minors must now verify that users are adults before allowing access to such content. The bill updates existing obscenity laws to define what counts as a "covered platform" subject to these age verification requirements and establishes penalties for non-compliance. This expands the state's restrictions on adult content by placing the burden on websites to block minors rather than relying solely on prosecution of distributors.

Prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.

South Dakota will prohibit the preparation, sale, and distribution of certain kratom products, making it illegal to make or sell these items in the state. The bill adds kratom to the state's drug control laws under Chapter 34-20B, treating violations as a criminal offense with penalties attached.

Regulate vapor products and to provide a penalty therefor.

This bill creates a new licensing system for businesses that sell vaping products in South Dakota, requiring vapor product distributors to obtain state licenses before selling these products for resale. Vapor product retailers must also register with the Department of Revenue, and the law defines "vapor products" as devices containing nicotine liquid that produce vapor when heated. Businesses that violate these registration and licensing requirements will face penalties.

Repeal provisions related to medical marijuana.

HB 1101 repeals South Dakota's medical marijuana program by eliminating the law that defined terms, patient qualifications, and rules for medical cannabis use and cultivation. The bill also removes references to medical marijuana patients from the state's prescription drug monitoring program. This effectively ends the legal framework that allowed registered patients to possess and grow cannabis for medical purposes.

Update Uniform Unclaimed Property Act to include provisions related to virtual currency and notice requirements.

South Dakota's unclaimed property law is being updated to address virtual currency and modernize how businesses must notify the state about unclaimed assets. The bill amends the definitions section of the Uniform Unclaimed Property Act to clarify terms and expand coverage to include digital assets like cryptocurrency that holders cannot return to owners. This ensures that virtual currency sitting in abandoned accounts gets properly reported to the state treasurer, just like traditional unclaimed property.

Subject lithium mining operations to certain provisions regarding permitting, annual reporting, disturbed land limitations, and mined land reclamation.

South Dakota lithium mining operations will now be subject to the same permitting, reporting, and land reclamation requirements that currently apply to other types of mining like sand, gravel, and rock extraction. Companies mining lithium will need to obtain annual licenses, comply with specific environmental standards, and be responsible for reclaiming disturbed lands. This change brings lithium mining under South Dakota's existing mining regulation framework rather than allowing it to operate under different rules.

To require age verification before an individual may access an application from an online application store.

South Dakota will require online application stores (like Apple's App Store or Google Play) to verify a user's age before allowing access to apps, and to share age category information with app developers so they can enforce age-appropriate content restrictions. The law creates new definitions for age categories (children under 13, younger teenagers 13-15, older teenagers 16-17, and adults 18+) and requires app stores to display age ratings and content descriptions to help users understand what's appropriate for each age group. This is a new requirement with no existing state law on this topic to replace.

Prohibit the award or use of state moneys for the research, production, promotion, sale, or distribution of cell-cultured protein.

South Dakota would be prohibited from spending state money to research, produce, promote, or sell cell-cultured protein (lab-grown meat made from animal cells grown outside a live animal). The law includes an exception allowing the Board of Regents institutions to still receive state funding for this work.

Permit the state to invest in Bitcoin.

South Dakota currently restricts state investment of public funds to traditional securities like government bonds, corporate debt, and bank deposits. This bill adds Bitcoin to the list of allowable investments for state public funds, allowing the state to purchase and hold cryptocurrency as part of its investment portfolio. The change permits—but does not require—state officials to invest taxpayer money in Bitcoin alongside conventional investments.

Prohibit processing of industrial hemp by extraction.

South Dakota currently allows industrial hemp processors to use extraction methods like distillation and pressure to create products from hemp plants. This bill prohibits those extraction processes, though it allows some exceptions for naturally occurring cannabinoids processed without chemical catalysts and non-psychoactive cannabinoids.

Clarify eligibility for licensure as a video lottery operator.

This bill clarifies the rules for who can get a license to operate video lottery machines in South Dakota by specifying that operators must be state residents or publicly traded companies that were already licensed before 1997. The bill also updates the language to make clear that video lottery operators must meet the same eligibility requirements as other lottery businesses, including passing a background investigation along with their partners, managers, and major shareholders.

Create provisions governing litigation financing.

SB 175 creates a new chapter of state law to regulate litigation financing—agreements where outside companies provide money to consumers pursuing lawsuits in exchange for a share of any settlement or judgment. The law defines key terms like "consumer," "litigation finance entity," and importantly establishes protections against foreign entities of concern (including those linked to adversarial nations or terrorist organizations) from participating in South Dakota litigation financing.

Prohibit natural asset companies.

This bill prohibits South Dakota state agencies and political subdivisions from doing business with natural asset companies—entities that hold rights to manage land for conservation or ecological benefits and profit from those natural assets. The law bars the state from selling, leasing, or granting easements on public lands to these companies or otherwise giving them any direct or indirect interest in state resources. This creates a new restriction on how the state can use or manage its property and natural resources.

Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

South Dakota websites that host substantial amounts of material harmful to minors must now verify that users are at least 18 years old before granting access. The bill updates the state's existing obscenity laws to define what counts as a "covered platform" and creates penalties for sites that fail to implement this age verification requirement.

Classify nicotine products as tobacco products, to increase tax rates on cigarettes and tobacco products, to create the healthcare workforce development fund, and to make an appropriation therefor.

South Dakota will now treat nicotine products (like vaping products and nicotine pouches) the same as traditional tobacco products for tax and regulatory purposes. The bill increases tax rates on cigarettes and tobacco products and creates a new healthcare workforce development fund to receive some of that tax revenue. These changes expand what the state considers "tobacco products" beyond just cigars, snuff, and chewing tobacco to include nicotine-containing items.

Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

South Dakota would make it illegal to spread deepfakes (realistic AI-generated audio, video, or images of people) within 90 days of an election if done to harm a candidate, unless the deepfake is clearly labeled as fake or is satire. Violating this ban would be a Class 1 misdemeanor, though the law would exempt legitimate news broadcasts and other protected speech. This creates a new criminal offense in state law to combat election interference through manipulated media.

Expressing the Legislature's concern about the potential for a carbon oxide pipeline to become a weapon of mass destruction to be used by terrorists or unfriendly governments and urging the Public Utilities Commission to conduct risk assessments and establish stronger regulatory and security measures for carbon oxide pipelines to ensure adequate state, county, business, and family emergency response planning.

This resolution expresses the South Dakota Legislature's concern that carbon dioxide pipelines could be sabotaged or attacked by terrorists and cause mass casualties in nearby communities. Rather than changing existing law, it urges the Public Utilities Commission to conduct safety risk assessments and strengthen rules and security measures for these pipelines, and to ensure communities have adequate emergency response plans in place.