South Dakota House Panel Advances Bill Requiring Age Verification for App Stores

PIERRE — A bill requiring mobile app stores to verify the age of users and obtain parental consent for minors’ downloads passed the South Dakota House State Affairs Committee on Wednesday, February 18, 2026, by a vote of 8-3. House Bill 1275 is now headed to the House floor with a “do pass” recommendation.

Second Attempt at Age-Gating App Stores

This marks the second attempt by South Dakota lawmakers in as many years to place the responsibility of age verification on app stores. The legislation aims to provide parents with a means to control their children’s access to apps and protect them from potentially harmful content.

Key Provisions of House Bill 1275

House Bill 1275 would mandate that mobile app stores:

• Verify the age of users.
• Require parental approval for app downloads made by users under the age of 18.
• Include age ratings for all apps available on their platforms.

Supporters and Opposition

Representative John Hughes, R-Sioux Falls, the bill’s prime sponsor, stated that the bill “gives parents of minor children a simple, private way to keep their kids safer online” and “establishes guardrails at the digital gateway.”

Supporters of the bill include Meta (the parent company of Facebook and Instagram), the South Dakota Attorney General’s office, Concerned Women for America and the South Dakota Catholic Conference. Lobbyist Norman Woods of Family Voice Action noted that four other state legislatures – Texas, Utah, Alabama, and Louisiana – have already endorsed similar measures.

However, the bill faces opposition from Apple and Google, which operate the largest app stores in the U.S. Opponents, including Doug Abraham, a lobbyist for The App Association, argue that the bill is an invasion of privacy and could require all South Dakotans to provide identification to access apps. Kouri Marshall, a lobbyist for the tech coalition Chamber of Progress, called the bill “a tremendous encroachment on individual privacy” and warned of potential legal challenges, citing ongoing litigation in Alabama.

Privacy Concerns and Legal Challenges

Opponents argue that requiring age verification could necessitate the collection of sensitive personal data and potentially violate First Amendment rights. They point to legal challenges already underway in Alabama, where a similar bill is being contested in court. Concerns were too raised that the bill legislates parenting and is unnecessary, as app stores already offer parental control tools.

Legislative Context

Last year, a similar app-based age-gating bill sponsored by Senator Sue Peterson was rejected by the South Dakota legislature. At that time, no state had passed such legislation. The current bill’s supporters argue that the passage of similar laws in other states strengthens its case.