South Dakota 2026 Regular Session Status: Enacted

SB 40 — revise the compliance requirements for limitations on foreign ownership of agricultural land.

Last action — Signed by the Governor on 2026-03-12 S.J. 529

  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 13, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 12, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

87 added · 63 removed

87 line(s) added, 63 removed.

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26.445.16 101st Legislative Session 40 South Dakota Legislature Senate Bill 40 Introduced by:
26.445.17 101st Legislative Session 40 South Dakota Legislature Senate Bill 40 ENROLLED AN A CT ENTITLED An Act to revise the compliance requirements for limitations on foreign ownership of agricultural land.
The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources An Act to revise the compliance requirements for limitations on foreign ownership of agricultural land.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH DAKOTA :
(3) Excluding a prohibited entity, a foreign entity, foreign government, or foreign person may not own more than one hundred and sixty acres of agricultural land in this state, provided this limitation does not include:
(3) Excluding a prohibited entity, a foreign entity, foreign government, or foreign person may not own more than one hundred and sixty acres of agricultural land in this state, provided this limitation does not include agricultural land held as security for indebtedness;
(a) Agricultural land acquired by devise or inheritance;
or (b) Agricultural agricultural land held as security for indebtedness;
Overstrikes indicate deleted language.
26.445.17 2 40 43-2A-6.
26.445.16 2 40 43-2A-6.
§ 3501 et seq.
§§ 3501 to 3508 inclusive (January 1, 2026), shall file a copy of the required report with the secretary of the Department of Agriculture and Natural Resources, within the time period required for submission under 7 U.S.C.
(January 1, 2024) §§ 3501 to 3508 inclusive (January 1, 2026), shall file a copy of the required report with the secretary of the Department of Agriculture and Natural Resources, within the time period required for submission under 7 U.S.C.
Overstrikes indicate deleted language.
SB40 ENROLLED 26.445.17 3 40 An Act to revise the compliance requirements for limitations on foreign ownership of agricultural land.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
40 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.
40 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB40 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-12 S.J. 529

  2. Delivered to the Governor on 2026-03-10 S.J. 510

  3. Signed by the Speaker H.J. 543

  4. Signed by the President S.J. 485

  5. House of Representatives Do Pass , Passed, YEAS 65, NAYS 2 H.J. 515

  6. Agriculture and Natural Resources Do Pass , Passed, YEAS 9, NAYS 0 H.J. 35

  7. Scheduled for hearing H.J. 1

  8. First read in House and referred to House Agriculture and Natural Resources H.J. 53

  9. Senate Do Pass , Passed, YEAS 32, NAYS 0 S.J. 60

  10. Certified uncontested, placed on consent , Passed, S.J. 1

  11. Agriculture and Natural Resources Do Pass , Passed, YEAS 7, NAYS 0 S.J. 1

  12. Scheduled for hearing

  13. First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 10

Sponsors

  • Agriculture and Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on · 2 voted No

Sponsors (1)

  • Agriculture and Natural Resources

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"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

Do Pass

Passed 65 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 58203
Democratic 5000
Unaffiliated 2000
Total 65203
% of votes cast 93%3%0%4%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
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 Nay
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 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 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 Yea
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 Yea
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 8003
Unaffiliated 1000
Democratic 0001
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Van Diepen — Yea
Kadyn Wittman Democratic Not Voting
Drew Peterson Republican Not Voting
Jana Hunt Republican Yea
John Shubeck Republican Yea
Kaley Nolz Republican Yea
Kathy Rice Republican Yea
Liz May Republican Not Voting
Marty Overweg Republican Yea
Spencer Gosch Republican Yea
Tim Goodwin Republican Not Voting
Travis Ismay Republican Yea
Trish Ladner Republican Yea

Official roll call →

Do Pass

Passed 32 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 28003
Democratic 3000
Unaffiliated 1000
Total 32003
% of votes cast 91%0%0%9%
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 Not Voting
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 Not Voting
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

civil-rights agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 40?
SB 40 is sponsored by Agriculture and Natural Resources.
What is the current status of SB 40?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 40?
Track SB 40 free on One Click Politics — get push/email alerts when it moves.

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