South Dakota 2026 Regular Session

South Dakota Senate Bill SB98

Introduced
1/20/26  
Refer
1/20/26  
Report Pass
2/10/26  
Engrossed
2/17/26  
Refer
2/18/26  
Report Pass
3/2/26  
Enrolled
3/3/26  

Caption

Prevent virtual currency kiosk fraud.

Impact

The implementation of SB 98 is expected to enhance consumer protection laws within the state by enforcing stricter regulation on the operations of virtual currency kiosks. By requiring full disclosures and user acknowledgments, the bill intends to mitigate risks associated with virtual currency exchanges. Additionally, operators must establish protocols to detect and prevent fraud, thus contributing to a safer transactional environment for users. This act will serve as a critical framework for regulating the burgeoning field of virtual currencies at a state level.

Summary

Senate Bill 98 is an act aimed at preventing fraud associated with virtual currency kiosks in South Dakota. The bill mandates that operators of these kiosks provide clear disclosures to users about the inherent risks of virtual currency transactions. It requires that a user is informed about the lack of backing by the U.S. government, potential value fluctuations, and the absence of protections typically afforded to traditional financial transactions. Furthermore, kiosks must ensure that users acknowledge receipt of these disclosures prior to engaging in transactions, fostering a more informed consumer base.

Sentiment

The sentiment surrounding SB 98 appears largely supportive among consumer advocacy groups, who view the bill as an essential step to safeguard users from the risks associated with virtual currency transactions. However, there are concerns from industry stakeholders who fear that overly stringent regulations may hamper innovation and limit the growth of virtual currency operations in South Dakota. This tension reflects a broader dialogue about the balance between regulation and fostering economic development in emerging sectors.

Contention

Notable points of contention include the extent of user disclosure obligations and the liability of kiosk operators concerning fraudulent transactions. Some stakeholders argue that the rigorous requirements may be burdensome and could lead to increased costs which may ultimately be passed on to consumers. Furthermore, the specifics surrounding refund policies for fraud victims, including required evidence and timelines for claims, have sparked debate within legislative discussions. The bill’s impact on operational flexibility for kiosk operators remains a point of critical examination as the law evolves.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1196

Update Uniform Unclaimed Property Act to include provisions related to virtual currency and notice requirements.

SD HB1111

Make an appropriation for grants to support the purchase of telehealth kiosks.

SD SB81

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

SD HB1202

Permit the state to invest in Bitcoin.

SD HB1048

Require that cash be accepted for certain transactions.

SD HB1249

Protect landowners from the use of deception, fraud, harassment, intimidation, misrepresentation, or threat, in acquiring easements or easement options.

SD SB30

Remove outdated provisions within the insurance code.

SD HB1136

Repeal the alternate realty improvement contractor's excise tax.

SD SB21

Prevent a member of a governing body from assisting in the canvass of the votes for an office for which the member is a candidate.

SD HB1020

Establish education savings accounts.

Similar Bills

CA SB319

Criminal justice statistics: reporting.

HI HB1642

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CA AB1768

Transactions and use taxes: Counties of Contra Costa and Los Angeles.

HI SB2387

Relating To Digital Financial Asset Transaction Kiosks.

HI HB2003

Relating To Digital Financial Asset Transaction Kiosks.

CA SB1208

Money laundering: digital financial assets.

TX HB2798

Relating to disclosures and other requirements concerning virtual currency kiosk transactions; authorizing a fee.

MD HB545

Real Estate Brokers - Residential Real Estate Transactions - Transaction Brokers