SB 135 — protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
Last action — Signed by the Governor on 2026-03-30 S.J. 549
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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 27, 2026. Enacted.
Signed by Governor Larry Rhoden (Republican) on March 30, 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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18 sponsors
18 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (18 R).
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Cleared a recorded vote
Passed 6 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
75 added · 48 removed75 line(s) added, 48 removed.
26.729.4626.729.47 101st Legislative Session 135 South Dakota Legislature Senate Bill 135 HOUSEENROLLED STATEA AFFAIRSN ENGROSSEDACT IntroducedENTITLED by:An Act to protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
SenatorB KarrE AnIT ActENACTED toBY protectTHE residentsLEGISLATURE fromOF increasedTHE utilitySTATE costsOF andSOUTH utilityD shortagesAKOTA caused: by data centers and clarify authority to regulate data centers.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
26.729.47 2 135 Prior to commencing operation in this state, the operator of a data center shall provide notice of projected water consumption to each local water provider in the area in Overstrikeswhich indicatethe deleteddata language.center is proposed to be located.
26.729.46 2 135 which the data center is proposed to be located.
OverstrikesSB135 indicateENROLLED deleted26.729.47 language.3 135 An Act to protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
135 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.
135 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB135 ENROLLED
View plain text versions (6)
- Enrolled View text Current pdf March 11, 2026
- Engrossed House State Affairs Engrossed pdf March 02, 2026
- Engrossed Senate Engrossed pdf February 23, 2026
- Introduced View text pdf January 26, 2026
- 135F View text pdf
- 135G View text pdf
Action History
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Signed by the Governor on 2026-03-30 S.J. 549
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Delivered to the Governor on 2026-03-12 S.J. 539
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Signed by the Speaker H.J. 560
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Signed by the President S.J. 525
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Senate Concurred in amendments , Passed, YEAS 33, NAYS 1 S.J. 511
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House of Representatives Do Pass Amended , Passed, YEAS 60, NAYS 7 H.J. 523
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Remove from Consent Calendar H.J. 509
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Certified uncontested, placed on consent , Passed,
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State Affairs Do Pass Amended , Passed, YEAS 11, NAYS 0
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State Affairs Motion to amend , Passed, Amendment 135G
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Scheduled for hearing
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First read in House and referred to House State Affairs H.J. 416
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Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 343
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Senate Motion to amend , Passed, YEAS 30, NAYS 4 S.J. 343 Amendment 135F
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Senate Deferred to another day , Passed, S.J. 309
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State Affairs Do Pass , Passed, YEAS 5, NAYS 4 S.J. 25
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Scheduled for hearing
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First read in Senate and referred to Senate State Affairs S.J. 120
Sponsors
- Mykala Voita · Primary
- Sue Peterson · Primary
- Scott Odenbach · Primary
- Al Novstrup · Primary
- Kaley Nolz · Primary
- Lauren Nelson · Primary
- Liz May · Primary
- Karla Lems · Primary
- Mark Lapka · Primary
- Taffy Howard · Primary
- Joy Hohn · Primary
- Leslie Heinemann · Primary
- Lana Greenfield · Primary
- Heather Baxter · Primary
- Aaron Aylward · Primary
- Bobbi Andera · Primary
- Chris Karr · Primary
- Jon Hansen · Primary
Sponsorship breakdown
Export CSV (upgrade) →18 sponsors · 0 co-sponsors · 87 not signed on · 12 voted No
Sponsors (18)
- Mykala Voita Republican Voted No
- Sue Peterson Republican
- Scott Odenbach Republican
- Al Novstrup Republican
- Kaley Nolz Republican
- Lauren Nelson Republican
- Liz May Republican
- Karla Lems Republican
- Mark Lapka Republican
- Taffy Howard Republican Voted No
- Joy Hohn Republican
- Leslie Heinemann Republican
- Lana Greenfield Republican
- Heather Baxter Republican
- Aaron Aylward Republican
- Bobbi Andera Republican
- Chris Karr Republican
- Jon Hansen Republican
Co-sponsors (0)
None.
Not signed on (87)
87 members have not signed on to this bill.
Show all 87 →"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 | 29 | 1 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 33 | 1 | 0 | 1 |
| % of votes cast | 94% | 3% | 0% | 3% |
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 | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Nay |
| John Carley | Republican | Yea |
| 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 | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 54 | 6 | 0 | 3 |
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Total | 60 | 7 | 0 | 3 |
| % of votes cast | 86% | 10% | 0% | 4% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Nay |
| Van Diepen | — | Yea |
| Eric Emery | Democratic | Yea |
| Erik Muckey | Democratic | Yea |
| Erin Healy | Democratic | Yea |
| Kadyn Wittman | Democratic | Yea |
| Nicole Uhre-Balk | Democratic | Yea |
| Aaron Aylward | Republican | Yea |
| Al Novstrup | Republican | Yea |
| Amber Arlint | Republican | Yea |
| Bethany Soye | Republican | Not Voting |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Brian Mulder | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Drew Peterson | Republican | Yea |
| Dylan Jordan | Republican | Yea |
| 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 | Yea |
| Kent Roe | Republican | Nay |
| Keri Weems | Republican | Yea |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Yea |
| Logan Manhart | Republican | Nay |
| 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 | Yea |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Yea |
| Scott Moore | Republican | Nay |
| 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 | Nay |
| Tim Walburg | Republican | Yea |
| Tina Mulally | Republican | Yea |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Yea |
| Will Mortenson | Republican | Nay |
| William Shorma | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 10 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 11 | 0 | 0 | 2 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eric Emery | Democratic | Not Voting |
| Erin Healy | Democratic | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Greg Jamison | Republican | Yea |
| Jessica Bahmuller | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Karla Lems | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Tim Reisch | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 26 | 4 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 30 | 4 | 0 | 1 |
| % of votes cast | 86% | 11% | 0% | 3% |
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 | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| John Carley | Republican | Nay |
| Joy Hohn | Republican | Yea |
| Kevin Jensen | Republican | Nay |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Lauren Nelson | Republican | Yea |
| Mark Lapka | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Mykala Voita | Republican | Nay |
| 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 | Nay |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 30 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
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 | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| John Carley | Republican | Yea |
| 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 | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 3 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 5 | 4 | 0 | 0 |
| % of votes cast | 56% | 44% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Liz Larson | Democratic | Nay |
| Carl Perry | Republican | Yea |
| Chris Karr | Republican | Yea |
| Curt Voight | Republican | Yea |
| Jim Mehlhaff | Republican | Nay |
| Kevin Jensen | Republican | Yea |
| Randy Deibert | Republican | Nay |
| Steve Kolbeck | Republican | Nay |
| Tom Pischke | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 135?
- SB 135 is sponsored by Mykala Voita (Republican), Sue Peterson (Republican), Scott Odenbach (Republican), Al Novstrup (Republican), Kaley Nolz (Republican), Lauren Nelson (Republican), Liz May (Republican), Karla Lems (Republican), Mark Lapka (Republican), Taffy Howard (Republican), Joy Hohn (Republican), Leslie Heinemann (Republican), Lana Greenfield (Republican), Heather Baxter (Republican), Aaron Aylward (Republican), Bobbi Andera (Republican), Chris Karr (Republican), and Jon Hansen (Republican).
- What is the current status of SB 135?
- This bill has been enacted into law. Introduced January 27, 2026. Enacted.
- Where can I track SB 135?
- Track SB 135 free on One Click Politics — get push/email alerts when it moves.
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