Bill > HB1053

This bill requires websites that regularly host or provide material considered "harmful to minors" to implement robust age verification methods before allowing access to such content. Specifically, the bill defines "reasonable age verification" as confirming a user is at least 18 years old through methods like state-issued identification, bank account information, credit/debit cards, or other reliable age verification techniques. Websites (referred to as "covered platforms") must prevent minors from accessing inappropriate content, with first-time violations resulting in a Class 1 misdemeanor and subsequent violations escalating to a Class 6 felony. The bill also mandates that platforms cannot retain or sell users' identifying information collected during the age verification process, with similar criminal penalties for violations. Before pursuing legal action, the attorney general must provide written notice to platforms, identifying specific violations and allowing 90 days for corrective measures. Platforms found in violation can be subject to civil penalties up to $5,000 per instance, with these penalties deposited into the state's general fund. Importantly, the law explicitly excludes general-purpose search engines, internet service providers, and cloud service providers from these requirements, focusing instead on websites specifically creating or hosting potentially harmful content.

Government Affairs, Justice

https://sdlegislature.gov/#/Session/Bill/25525