South Dakota 2026 Regular Session Status: Enacted 18 R cosponsors

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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

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 chance

Based 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

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    18 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (18 R).

  • 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 removed

75 line(s) added, 48 removed.

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26.729.46 101st Legislative Session 135 South Dakota Legislature Senate Bill 135 HOUSE STATE AFFAIRS ENGROSSED Introduced by:
26.729.47 101st Legislative Session 135 South Dakota Legislature Senate Bill 135 ENROLLED A N ACT ENTITLED An Act to protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
Senator Karr An Act to protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
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 Overstrikes indicate deleted language.
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 which the data center is proposed to be located.
26.729.46 2 135 which the data center is proposed to be located.
Overstrikes indicate deleted language.
SB135 ENROLLED 26.729.47 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)

Action History

  1. Signed by the Governor on 2026-03-30 S.J. 549

  2. Delivered to the Governor on 2026-03-12 S.J. 539

  3. Signed by the Speaker H.J. 560

  4. Signed by the President S.J. 525

  5. Senate Concurred in amendments , Passed, YEAS 33, NAYS 1 S.J. 511

  6. House of Representatives Do Pass Amended , Passed, YEAS 60, NAYS 7 H.J. 523

  7. Remove from Consent Calendar H.J. 509

  8. Certified uncontested, placed on consent , Passed,

  9. State Affairs Do Pass Amended , Passed, YEAS 11, NAYS 0

  10. State Affairs Motion to amend , Passed, Amendment 135G

  11. Scheduled for hearing

  12. First read in House and referred to House State Affairs H.J. 416

  13. Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 343

  14. Senate Motion to amend , Passed, YEAS 30, NAYS 4 S.J. 343 Amendment 135F

  15. Senate Deferred to another day , Passed, S.J. 309

  16. State Affairs Do Pass , Passed, YEAS 5, NAYS 4 S.J. 25

  17. Scheduled for hearing

  18. First read in Senate and referred to Senate State Affairs S.J. 120

Sponsors

Sponsorship breakdown

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18 sponsors · 0 co-sponsors · 87 not signed on · 12 voted No

Sponsors (18)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurred in amendments

Passed 33 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 29101
Democratic 3000
Unaffiliated 1000
Total 33101
% 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

Official roll call →

Do Pass Amended

Passed 60 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 54603
Democratic 5000
Unaffiliated 1100
Total 60703
% 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

Official roll call →

Do Pass Amended

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 10001
Democratic 1001
Total 11002
% 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

Official roll call →

Motion to amend

Passed 30 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 26401
Democratic 3000
Unaffiliated 1000
Total 30401
% 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

Official roll call →

Do Pass Amended

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30001
Democratic 3000
Unaffiliated 1000
Total 34001
% 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

Official roll call →

Subjects

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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?
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