EveryAILaw.comSouth Dakota
watch list Watch list — monitoring for future regulation
South Dakota is being monitored for emerging AI regulatory developments. Legislation is under development or proposed but not yet enacted or enforceable.
Monitoring details
- Status: No binding AI-specific legislation enacted. SB 168 requires age verification for AI companion apps; advancing in 2026 session.
- Trajectory: Promote to full entry if enacted — age verification and companion AI obligations could be in scope.
National-level instruments
As part of United States, the following national-level instruments also apply:
| Instrument | Status | Effective | Provisions |
|---|---|---|---|
| CMS Medicare Advantage AI Rule | enforcing | Jan 1, 2024 | 1 |
| NIST AI Risk Management Framework | voluntary | Jan 26, 2023 | 1 |
| EO 14319 — Preventing Woke AI in the Federal Government | enforcing | Jul 23, 2025 | 3 |
| Executive Order on AI State Law Preemption | enforcing | Dec 11, 2025 | 2 |