Changes to Existing Law

26.421.9 26.421.10 101st Legislative Session 1116 2026 South Dakota Legislature House Bill 1116 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Shubeck Underscores indicate new language. Overstrikes indicate deleted language. An Act to prohibit a video streaming service from transmitting certain advertising 1 during children's programming and provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 37-24: 4 Terms used in section 2 of this Act mean: 5 (1) "Children's programming," any content designed or suitable for an audience of individuals under 6 under the age of sixteen; fourteen, which is rated, or meets a rating equivalent to the following: 7 (a) TV-Y, TV-Y7, TV-G, or TV-PG, as set forth by the TV Parental Guidelines 8 Monitoring Board; or 9 (b) G or PG, as set forth by the Motion Picture Association; and 7 10 (2) "Video streaming service," an entity that makes either of the following available 8 11 directly to the consumer through a distribution method utilizing internet protocol: 9 12 (a) Video programming considered comparable to programming provided by a 10 13 television broadcast station; or 11 14 (b) Video content the service makes available for users to view. 12 15 The term does not include a television broadcast station, cable operator, satellite 16 television operator or its affiliates, or other 13 multichannel video programming 17 distributor, or an entity that serves video 14 programming or video content without 18 commercial advertisements. 15 19 Section 2. That a NEW SECTION be added to chapter 37-24: 16 20 A video streaming service may not transmit during any children's programming 17 21 any commercial advertisement that discusses, promotes, or contains imagery related to: 18 22 (1) Abortion; 19 23 (2) Alcohol; 20 24 (3) Drugs or pharmaceutical products; 21 (4) Gambling; 22 (5) Gender identity; 23 (6) Nicotine products; or 24 (7) Sexual behavior. 25 26.421.9 26.421.10 2 1116 Underscores indicate new language. Overstrikes indicate deleted language. (4) Gambling; 1 (5) Gender transition; or 2 (6) Nicotine products. 3 Section 3. That a NEW SECTION be added to chapter 37-24: 1 4 The attorney general may impose a civil penalty against a video streaming service 2 5 for violating section 2 of this Act. The amount of the civil penalty may not exceed five 3 6 thousand dollars. The attorney general shall forward any civil penalty collected under this 4 7 section to the state treasurer, for deposit in the general fund. 5 8