South Dakota 2026 Regular Session Status: Enacted Bipartisan · 41 R · 4 D cosponsors

SB 36 — authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.

Last action — Signed by the Governor on 2026-03-12 S.J. 541

  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.

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 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 46 sponsors

    46 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (41 R · 4 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 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

178 added · 153 removed

178 line(s) added, 153 removed.

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Latest
26.558.19 101st Legislative Session 36 South Dakota Legislature Senate Bill 36 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by:
26.558.20 101st Legislative Session 36 South Dakota Legislature Senate Bill 36 ENROLLED A N ACT ENTITLED An Act to authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.
Senator Kolbeck (Steve) An Act to authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.
B E IT ENACTED BY THE L EGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
Overstrikes indicate deleted language.
26.558.20 2 36 A qualified utility that is not an electric cooperative or municipal utility may submit a wildfire mitigation plan to the commission for filing and publishing.
26.558.19 2 36 A qualified utility that is not an electric cooperative or municipal utility may submit a wildfire mitigation plan to the commission for filing and publishing.
Overstrikes indicate deleted language.
SB36 ENROLLED 26.558.20 3 36 (2) A description of the procedures or strategies, standards, and time frames that the qualified utility will use to inspect and operate its infrastructure;
26.558.19 3 36 (2) A description of the procedures or strategies, standards, and time frames that the qualified utility will use to inspect and operate its infrastructure;
Overstrikes indicate deleted language.
SB36 ENROLLED 26.558.20 4 36 A standard of strict liability may not be applied to a qualified utility in any cause of action alleging that the qualified utility caused wildfire-related damages.
26.558.19 4 36 A standard of strict liability may not be applied to a qualified utility in any cause of action alleging that the qualified utility caused wildfire-related damages.
The amount of damages recoverable for damage to real property, or buildings and fixtures to real property, is the lesser of the cost to restore the property to the property's Overstrikes indicate deleted language.
The amount of damages recoverable for damage to real property, or buildings and fixtures to real property, is the lesser of the cost to restore the property to the property's SB36 ENROLLED 26.558.20 5 36 pre-wildfire condition or the difference between the fair market value of the property immediately before the wildfire and the fair market value of the property after the wildfire.
26.558.19 5 36 pre-wildfire condition or the difference between the fair market value of the property immediately before the wildfire and the fair market value of the property after the wildfire.
Underscores indicate new language.
SB36 ENROLLED 26.558.20 6 36 An Act to authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.
Overstrikes indicate deleted language.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
36 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.
36 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB36 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-12 S.J. 541

  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. Senate Concurred in amendments , Passed, YEAS 31, NAYS 3 S.J. 456

  6. House of Representatives Do Pass Amended , Passed, YEAS 63, NAYS 2 H.J. 473

  7. Commerce and Energy Do Pass Amended , Passed, YEAS 11, NAYS 0

  8. Commerce and Energy Motion to amend , Passed, Amendment 36E

  9. Scheduled for hearing

  10. First read in House and referred to House Commerce and Energy H.J. 194

  11. Senate Do Pass Amended , Passed, YEAS 29, NAYS 4 S.J. 146

  12. Senate Motion to amend , Passed, S.J. 145 Amendment 36B

  13. Commerce and Energy Do Pass Amended , Passed, YEAS 6, NAYS 3 S.J. 2

  14. Commerce and Energy Motion to amend , Passed, S.J. 1 Amendment 36A

  15. Scheduled for hearing

  16. First read in Senate and referred to Senate Commerce and Energy S.J. 10

Sponsors

Sponsorship breakdown

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46 sponsors · 0 co-sponsors · 59 not signed on · 6 voted No

Sponsors (46)

Co-sponsors (0)

None.

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

"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 31 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 27301
Democratic 3000
Unaffiliated 1000
Total 31301
% of votes cast 89%9%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 Nay
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 Nay
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 Nay
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 63 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 56205
Democratic 5000
Unaffiliated 2000
Total 63205
% of votes cast 90%3%0%7%
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 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 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 Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Not Voting
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Not Voting
Tim Goodwin Republican Yea
Tim Reisch Republican Not Voting
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

Official roll call →

Do Pass Amended

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 10002
Democratic 1000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Not Voting
Drew Peterson Republican Not Voting
Jessica Bahmuller Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Lana Greenfield Republican Yea
Mike Weisgram Republican Yea
Steve Duffy Republican Yea
Tesa Schwans Republican Yea
Tina Mulally Republican Yea
Tony Kayser Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass Amended

Passed 29 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 25402
Democratic 3000
Unaffiliated 1000
Total 29402
% of votes cast 83%11%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 Nay
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Nay
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 Nay
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 Nay
Sydney Davis Republican Not Voting
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Yea
Tom Pischke Republican Yea

Official roll call →

Subjects

public-safety environment energy
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 36?
SB 36 is sponsored by Van Diepen, Larry Zikmund (Republican), Brandon Wipf (Republican), Mike Weisgram (Republican), Keri Weems (Republican), Tim Walburg (Republican), Glen Vilhauer (Republican), John Sjaarda (Republican), William Shorma (Republican), Kyle Schoenfish (Republican), Stephanie Sauder (Republican), Michael Rohl (Republican), Kent Roe (Republican), Rebecca Reimer (Republican), Taylor Rehfeldt (Republican), Tim Reed (Republican), Drew Peterson (Republican), Carl Perry (Republican), Al Novstrup (Republican), Erik Muckey (Democratic), Will Mortenson (Republican), Scott Moore (Republican), Paul Miskimins (Republican), Jim Mehlhaff (Republican), Curt Massie (Republican), Liz Larson (Democratic), Trish Ladner (Republican), David Kull (Republican), Chris Kassin (Republican), Kevin Jensen (Republican), Leslie Heinemann (Republican), Mellissa Heermann (Republican), Erin Healy (Democratic), Jim Halverson (Republican), Lana Greenfield (Republican), Eric Emery (Democratic), Helene Duhamel (Republican), Steve Duffy (Republican), Randy Deibert (Republican), Roger DeGroot (Republican), Sydney Davis (Republican), Tim Czmowski (Republican), Casey Crabtree (Republican), Heather Baxter (Republican), Steve Kolbeck (Republican), and Tim Goodwin (Republican).
What is the current status of SB 36?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 36?
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