Text of SD HB 1116 (2026)
Prohibit a video streaming service from transmitting certain advertising during children's programming and provide a penalty therefor.
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As introduced
2,316 characters
26.421.9
101st Legislative Session
1116
2026 South Dakota Legislature
House Bill 1116
Introduced by: Representative Shubeck
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit a video streaming service from transmitting certain advertising
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during children's programming and provide a penalty therefor.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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Section 1. That a NEW SECTION be added to chapter 37-24:
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Terms used in section 2 of this Act mean:
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(1)
"Children's programming," any content designed for an audience of individuals
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under the age of sixteen; and
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(2)
"Video streaming service," an entity that makes either of the following available
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directly to the consumer through a distribution method utilizing internet protocol:
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(a)
Video programming considered comparable to programming provided by a
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television broadcast station; or
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(b)
Video content the service makes available for users to view.
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The term does not include a television broadcast station, cable operator, or other
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multichannel video programming distributor, or an entity that serves video
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programming or video content without commercial advertisements.
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Section 2. That a NEW SECTION be added to chapter 37-24:
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A video streaming service may not transmit during any children's programming
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any commercial advertisement that discusses, promotes, or contains imagery related to:
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(1)
Abortion;
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(2)
Alcohol;
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(3)
Drugs or pharmaceutical products;
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(4)
Gambling;
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(5)
Gender identity;
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(6)
Nicotine products; or
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(7)
Sexual behavior.
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26.421.9
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1116
Underscores indicate new language.
Overstrikes indicate deleted language.
Section 3. That a NEW SECTION be added to chapter 37-24:
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The attorney general may impose a civil penalty against a video streaming service
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for violating section 2 of this Act. The amount of the civil penalty may not exceed five
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thousand dollars. The attorney general shall forward any civil penalty collected under this
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section to the state treasurer, for deposit in the general fund.
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