HB 1229

 26.745.13  101st Legislative Session  1229
                                       2026 South Dakota Legislature
                                               House Bill 1229
 Introduced by: Representative Weems
1 An Act to require the inclusion of certain features within a manufacturer's
2application store or on a developer's application.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 37:
5Terms used in this chapter mean:
6    (1)      "Application," an electronic service or software that may be run or directed by a
7user on any general-purpose computing device;
8    (2)      "Application store," a publicly available website, electronic service, or other
9platform that facilitates the procurement and distribution of an application;
10    (3)      "Developer," any person that creates, owns, or controls an application and is
11responsible for the design, development, maintenance, and distribution of the
12application to end users; or
13    (4)      "Manufacturer," any person that creates, owns, or controls an application store.
14 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 37:
15A manufacturer shall take commercially reasonable and technologically feasible
16    steps to provide a list on an application's page within the application store, of all goods or
17    services that are available to be purchased by a user through an application, and the cost
18    of each good or service.
19 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 37:
20To the extent applicable and technologically feasible, a developer shall provide a
21    readily available feature for any user of the developer's application, to review a list of all
22    goods or services that are available to be purchased by a user through the application,
23    and the cost of each good or service.
                                                                               Underscores indicate new language.
                                                                             Overstrikes indicate deleted language.
 26.745.13  2  1229
1To the extent applicable and technologically feasible, a developer shall provide a
2    readily available feature for any user of the developer's application, by which the user is
3    able to cancel or otherwise modify the user's subscription to any goods or services
4    provided by the application.
5 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 37:
6If a manufacturer is not in substantial compliance with the requirement of section
7    2 of this Act, the attorney general must provide written notice to the manufacturer before
8    initiating an action pursuant to section 5 of this Act.
9If a developer is not in substantial compliance with the requirement of section 3 of
10    this Act, the attorney general must provide written notice to the developer before initiating
11    an action pursuant to section 6 of this Act.
12If the manufacturer or developer cures any noticed violation to the satisfaction of
13    the attorney general, and provides to the attorney general a written statement under oath
14    that the alleged violation has been cured, within ninety days of the notice provided under
15    this section, the manufacturer or developer is not liable for a civil penalty for any cured
16    violation of section 2 or 3 of this Act.
17 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 37:
18Any manufacturer found in violation of section 2 of this Act, to whom notice was
19    provided pursuant to section 4 of this Act, is liable for a civil penalty in an amount not
20    exceeding one thousand dollars per incident. The civil penalty may be assessed and
21    recovered only in a civil action by the attorney general. The attorney general shall forward
22    any civil penalty collected under this section to the state treasurer for deposit in the
23    general fund.
24Nothing in this section may be construed to serve as the basis for a new private
25    right of action for any violation of section 2 of this Act.
26 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 37:
27Any developer found in violation of section 3 of this Act, to whom notice was
28    provided pursuant to section 4 of this Act, is liable for a civil penalty in an amount not
29    exceeding one thousand dollars per incident. The civil penalty may be assessed and
30    recovered only in a civil action by the attorney general. The attorney general shall forward
                                                                               Underscores indicate new language.
                                                                             Overstrikes indicate deleted language.
26.745.13  3  1229
1    any civil penalty collected under this section to the state treasurer for deposit in the
2    general fund.
3Nothing in this section may be construed to serve as the basis for a new private
4    right of action for any violation of section 3 of this Act.
                                                                           Underscores indicate new language.
                                                                         Overstrikes indicate deleted language.