South Dakota 2026 Regular Session

South Dakota Senate Bill SB168

Introduced
1/29/26  

Caption

Regulate the use of chatbots by minors.

Impact

If enacted, SB168 will introduce stringent regulations governing how AI technologies, especially chatbots, can be marketed and made available to minors. Deployer responsibilities will include ensuring that chatbots do not contain human-like features when made accessible to younger users. Additionally, the bill requires that any chatbot which offers therapeutic support must be assessed and monitored by licensed mental health professionals. These provisions emphasize the need for safety in using AI technologies among vulnerable populations.

Summary

Senate Bill 168 aims to regulate the interaction of minors with chatbots and generative artificial intelligence. The legislation defines key terms such as 'deployer', 'chatbot', and 'AI-companion', focusing particularly on their use and design when interacting with individuals under the age of 18. The bill mandates that deployers implement an age verification system to ensure that only users who can authenticate their age may access specific AI technologies, particularly those designed as companions or exhibiting human-like features.

Conclusion

Ultimately, SB168 reflects an increasing concern over the role of technology in the lives of minors, especially the use of AI in mental health contexts. The legislation attempts to strike a balance between safeguarding young users from potential harm and allowing them access to innovative support structures. As the discussions around AI continue to evolve, this bill sets a precedent that could lead to further legislative actions concerning technology and youth.

Contention

One notable point of contention surrounding SB168 is the potential for unintended consequences in limiting access to beneficial therapy chatbots for minors. Some stakeholders argue that while protecting youth from inappropriate interactions with chatbots is crucial, overly rigid regulations might inhibit minors' access to essential mental health support offered through AI. Furthermore, debates may arise regarding the effectiveness of age verification measures and the ethical implications of deploying AI companions designed to interact closely with users.

Companion Bills

No companion bills found.

Previously Filed As

SD SB18

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

SD SB164

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

SD HB1053

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

SD HB1008

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

SD HB1257

Revise provisions related to the identification of minors in certain public records.

SD SB67

Establish the state office of apprenticeship within the Department of Labor and Regulation.

SD HB1069

Regulate vapor products and to provide a penalty therefor.

SD SB1

Update references to certain federal motor carrier regulations.

SD SB9

Make public the calendars and appointment logs of statewide public officials.

SD SB40

Revise Department of Transportation regulatory authority regarding aeronautics.

Similar Bills

HI SB2212

Relating To Artificial Intelligence Literacy Education.

HI HB1887

Relating To Artificial Intelligence Literacy Education.

CA SB813

California AI Standards and Safety Commission: independent verification organizations.

HI SB2923

Relating To Artificial Intelligence.

NJ A4352

Requires school districts to provide instruction on artificial intelligence; requires Secretary of Higher Education to develop artificial intelligence model curricula.

NJ S2860

Establishes Artificial Intelligence Apprenticeship Program and artificial intelligence apprenticeship tax credit program.

NJ S1802

Requires artificial intelligence companies to conduct safety tests and report results to Office of Information Technology.

CA AB1137

Reporting mechanism: child sexual abuse material.