SB 98 — prevent virtual currency kiosk fraud.
Last action — Signed by the Governor on 2026-03-12 S.J. 529
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 20, 2026. Enacted.
Signed by Governor Larry Rhoden (Republican) on March 12, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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19 sponsors
19 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (13 R · 6 D) — cross-party backing.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
240 added · 216 removedPlain-language change summary
The recently passed version of SB 98 has introduced new definitions related to virtual currency kiosks, including terms like "charges," "licensee," and "user." This clarification helps ensure that everyone involved in virtual currency transactions—whether they are operators, users, or regulators—understands their roles, responsibilities, and the costs involved. By clearly defining these terms, the law aims to prevent fraud and protect consumers who engage in transactions through these kiosks. This change matters because it establishes a framework for accountability and transparency in the growing virtual currency market.
26.357.2126.357.22 101st Legislative Session 98 South Dakota Legislature Senate Bill 98 SENATEENROLLED COMMERCEA ANDN ENERGYA ENGROSSEDCT IntroducedENTITLED by:An Act to prevent virtual currency kiosk fraud.
SenatorB KolbeckE (Steve)IT AnENACTED ActBY toTHE preventLEGISLATURE virtualOF currencyTHE kioskSTATE fraud.OF S OUTH D AKOTA :
BE IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
or (b) Electronic terminal operated by or on behalf of a licensee engaged in virtual currency business activities, or a person acting on behalf of a licensee engaged in virtual currency business activities, whether or not the licensee owns the kiosk or provides custodial services, provided the terminal Overstrikes26.357.22 indicate2 deleted98 language.facilitates the exchange of virtual currency for bank credit, money, or other virtual currency by:
26.357.21 2 98 facilitates the exchange of virtual currency for bank credit, money, or other virtual currency by:
OverstrikesSB98 indicateENROLLED deleted26.357.22 language.3 98 (1) The licensee's legal name and any fictitious or trade name;
26.357.21 3 98 (1) The licensee's legal name and any fictitious or trade name;
OverstrikesSB98 indicateENROLLED deleted26.357.22 language.4 98 (a) Virtual currency is not issued or backed by the United States government and is not legal tender;
26.357.21 4 98 (a) Virtual currency is not issued or backed by the United States government and is not legal tender;
OverstrikesSB98 indicateENROLLED deleted26.357.22 language.5 98 (2) Within ninety days after the last occurrence of fraud or of becoming aware of the fraud, informs the licensee of all fraudulent transactions at issue;
26.357.21 5 98 (2) Within ninety days after the last occurrence of fraud or of becoming aware of the fraud, informs the licensee of all fraudulent transactions at issue;
A licensee shall provide a dedicated telephone line or email address for facilitating law enforcement and regulatory agency communications in the event of a report of fraud OverstrikesSB98 indicateENROLLED deleted26.357.22 language.6 98 from a user.
26.357.21 6 98 from a user.
OverstrikesSB98 indicateENROLLED deleted26.357.22 language.7 98 (1) Obtain a copy of a government-issued identification card that identifies the user;
26.357.21 7 98 (1) Obtain a copy of a government-issued identification card that identifies the user;
UnderscoresSB98 indicateENROLLED new26.357.22 language.8 98 An Act to prevent virtual currency kiosk fraud.
OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
98 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:
Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:
at _________ o'clock __M.
Chief Clerk of the House Secretary of State Senate Bill No.
98 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB98 ENROLLED
View plain text versions (4)
- Enrolled View text Current pdf March 04, 2026
- Engrossed Senate Commerce and Energy Engrossed pdf February 10, 2026
- Introduced View text pdf January 18, 2026
- 98C View text pdf
Action History
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Signed by the Governor on 2026-03-12 S.J. 529
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Delivered to the Governor on 2026-03-09 S.J. 488
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Signed by the Speaker H.J. 530
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Signed by the President S.J. 470
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House of Representatives Do Pass Amended , Passed, YEAS 59, NAYS 7 H.J. 492
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Commerce and Energy Do Pass , Passed, YEAS 10, NAYS 2
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Scheduled for hearing
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First read in House and referred to House Commerce and Energy H.J. 355
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Senate Do Pass Amended , Passed, YEAS 31, NAYS 2 S.J. 284
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Remove from Consent Calendar S.J. 261
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Certified uncontested, placed on consent , Passed,
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Commerce and Energy Do Pass Amended , Passed, YEAS 7, NAYS 0
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Commerce and Energy Motion to amend , Passed, Amendment 98C
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Scheduled for hearing
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Scheduled for hearing
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First read in Senate and referred to Senate Commerce and Energy S.J. 66
Sponsors
- Kadyn Wittman · Primary
- Tim Walburg · Primary
- Glen Vilhauer · Primary
- Nicole Uhre-Balk · Primary
- Michael Rohl · Primary
- Matt Roby · Primary
- Tom Pischke · Primary
- Carl Perry · Primary
- Erik Muckey · Primary
- Scott Moore · Primary
- Jim Mehlhaff · Primary
- Liz Larson · Primary
- Mellissa Heermann · Primary
- Erin Healy · Primary
- Tim Goodwin · Primary
- Eric Emery · Primary
- Steve Duffy · Primary
- Mike Weisgram · Primary
- Steve Kolbeck · Primary
Sponsorship breakdown
Export CSV (upgrade) →19 sponsors · 0 co-sponsors · 86 not signed on · 9 voted No
Sponsors (19)
- Kadyn Wittman Democratic
- Tim Walburg Republican
- Glen Vilhauer Republican
- Nicole Uhre-Balk Democratic
- Michael Rohl Republican
- Matt Roby Republican
- Tom Pischke Republican
- Carl Perry Republican
- Erik Muckey Democratic
- Scott Moore Republican
- Jim Mehlhaff Republican
- Liz Larson Democratic
- Mellissa Heermann Republican
- Erin Healy Democratic
- Tim Goodwin Republican
- Eric Emery Democratic
- Steve Duffy Republican
- Mike Weisgram Republican
- Steve Kolbeck Republican
Co-sponsors (0)
None.
Not signed on (86)
86 members have not signed on to this bill.
Show all 86 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 53 | 7 | 0 | 3 |
| Democratic | 4 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 59 | 7 | 0 | 4 |
| % of votes cast | 84% | 10% | 0% | 6% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Yea |
| Van Diepen | — | Yea |
| Eric Emery | Democratic | Yea |
| Erik Muckey | Democratic | Not Voting |
| Erin Healy | Democratic | Yea |
| Kadyn Wittman | Democratic | Yea |
| Nicole Uhre-Balk | Democratic | Yea |
| Aaron Aylward | Republican | Nay |
| Al Novstrup | Republican | Yea |
| Amber Arlint | Republican | Yea |
| Bethany Soye | Republican | Not Voting |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Nay |
| Brian Mulder | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Drew Peterson | Republican | Yea |
| Dylan Jordan | Republican | Nay |
| Greg Jamison | Republican | Yea |
| Heather Baxter | Republican | Yea |
| Jana Hunt | Republican | Yea |
| Jeff Bathke | Republican | Not Voting |
| Jessica Bahmuller | Republican | Yea |
| Jim Halverson | Republican | Yea |
| John Hughes | Republican | Yea |
| John Shubeck | Republican | Yea |
| John Sjaarda | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Julie Auch | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kathy Rice | Republican | Nay |
| Kent Roe | Republican | Yea |
| Keri Weems | Republican | Yea |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Yea |
| Logan Manhart | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Yea |
| Matt Roby | Republican | Yea |
| Mellissa Heermann | Republican | Yea |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Mike Weisgram | Republican | Yea |
| Nick Fosness | Republican | Yea |
| Peri Pourier | Republican | Yea |
| Phil Jensen | Republican | Nay |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Yea |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Steve Duffy | Republican | Yea |
| Taylor Rehfeldt | Republican | Yea |
| Terri Jorgenson | Republican | Yea |
| Tesa Schwans | Republican | Yea |
| Tim Czmowski | Republican | Not Voting |
| Tim Goodwin | Republican | Yea |
| Tim Reisch | Republican | Yea |
| Tim Walburg | Republican | Yea |
| Tina Mulally | Republican | Nay |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Nay |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Yea |
| Will Mortenson | Republican | Yea |
| William Shorma | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 2 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 10 | 2 | 0 | 1 |
| % of votes cast | 77% | 15% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Nicole Uhre-Balk | Democratic | Yea |
| Aaron Aylward | Republican | Nay |
| Drew Peterson | Republican | Yea |
| Jessica Bahmuller | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Lana Greenfield | Republican | Yea |
| Mike Weisgram | Republican | Yea |
| Steve Duffy | Republican | Not Voting |
| Tesa Schwans | Republican | Yea |
| Tina Mulally | Republican | Nay |
| Tony Kayser | Republican | Yea |
| William Shorma | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 27 | 2 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 31 | 2 | 0 | 2 |
| % of votes cast | 89% | 6% | 0% | 6% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Otten | — | Yea |
| Jamie Smith | Democratic | Yea |
| Liz Larson | Democratic | Yea |
| Red Dawn Foster | Democratic | Yea |
| Amber Hulse | Republican | Yea |
| Arch Beal | Republican | Not Voting |
| Brandon Wipf | Republican | Yea |
| Carl Perry | Republican | Yea |
| Casey Crabtree | Republican | Yea |
| Chris Karr | Republican | Yea |
| Curt Voight | Republican | Yea |
| Glen Vilhauer | Republican | Yea |
| Greg Blanc | Republican | Nay |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| John Carley | Republican | Nay |
| Joy Hohn | Republican | Yea |
| Kevin Jensen | Republican | Yea |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Lauren Nelson | Republican | Yea |
| Mark Lapka | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Mykala Voita | Republican | Yea |
| Paul Miskimins | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Sam Marty | Republican | Yea |
| Stephanie Sauder | Republican | Yea |
| Steve Kolbeck | Republican | Yea |
| Sue Peterson | Republican | Yea |
| Sydney Davis | Republican | Yea |
| Taffy Howard | Republican | Yea |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Liz Larson | Democratic | Yea |
| Carl Perry | Republican | Yea |
| Casey Crabtree | Republican | Not Voting |
| Chris Karr | Republican | Not Voting |
| Jim Mehlhaff | Republican | Yea |
| Joy Hohn | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Steve Kolbeck | Republican | Yea |
| Sue Peterson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 98?
- SB 98 is sponsored by Kadyn Wittman (Democratic), Tim Walburg (Republican), Glen Vilhauer (Republican), Nicole Uhre-Balk (Democratic), Michael Rohl (Republican), Matt Roby (Republican), Tom Pischke (Republican), Carl Perry (Republican), Erik Muckey (Democratic), Scott Moore (Republican), Jim Mehlhaff (Republican), Liz Larson (Democratic), Mellissa Heermann (Republican), Erin Healy (Democratic), Tim Goodwin (Republican), Eric Emery (Democratic), Steve Duffy (Republican), Mike Weisgram (Republican), and Steve Kolbeck (Republican).
- What is the current status of SB 98?
- This bill has been enacted into law. Introduced January 20, 2026. Enacted.
- Where can I track SB 98?
- Track SB 98 free on One Click Politics — get push/email alerts when it moves.
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