South Dakota HB 1257

Age verification mandate. Relevant features:

• Enforcement: Any parent, guardian, or custodian of a minor may bring a civil action against a covered platform for violating this section and shall recover damages in the amount of five thousand dollars for each separate instance that the covered platform fails to perform reasonable age verification, actual damages resulting from a minor accessing the material, court costs, and reasonable attorney fees.
• Age verification mechanisms allowed:
  • A state-issued driver or non-driver identification card;
  • A military identification card;
  • Bank account information; or
  • Credit or debit card information, except cards that do not require the individual in ownership of the account to be eighteen years of age or older;
• Applies to any “website for which it is in the regular course of trade or business to create, host, or make available material harmful to minors”

Requires the Executive Board of the South Dakota Legislative Research Council to establish an interim study committee on minors' access to pornographic material.