South Dakota 2026 Regular Session Status: Enacted

SB 71 — authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.

Last action — Signed by the Governor on 2026-03-04 S.J. 452

  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 04, 2026.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • 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.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

53 added · 26 removed

53 line(s) added, 26 removed.

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26.481.16 101st Legislative Session 71 South Dakota Legislature Senate Bill 71 Introduced by:
26.481.17 101st Legislative Session 71 South Dakota Legislature Senate Bill 71 ENROLLED AN A CT ENTITLED An Act to authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
The Chair of the Committee on Transportation at the request of the Department of Transportation An Act to authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
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 SOUTH D AKOTA :
The Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2, the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to section 1 of this Act, the amount of damages awarded and the amount of attorney fees and costs assessed against the State of South Dakota this state, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.
Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2, the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to section of this Act, the amount of damages awarded and the amount of attorney fees and costs assessed against this state, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.
Overstrikes indicate deleted language.
26.481.17 2 71 An Act to authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
71 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.
71 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB71 ENROLLED
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View plain text versions (2)
  • Enrolled View text Current pdf February 24, 2026
  • Introduced View text pdf January 08, 2026

Action History

  1. Signed by the Governor on 2026-03-04 S.J. 452

  2. Delivered to the Governor on 2026-02-26 S.J. 410

  3. Signed by the Speaker H.J. 449

  4. Signed by the President S.J. 388

  5. House of Representatives Do Pass , Passed, YEAS 61, NAYS 6 H.J. 415

  6. Remove from Consent Calendar H.J. 387

  7. Certified uncontested, placed on consent , Passed, H.J. 19

  8. Transportation Do Pass , Passed, YEAS 11, NAYS 0 H.J. 19

  9. Scheduled for hearing

  10. Referred to House Transportation H.J. 166

  11. First Reading House H.J. 150

  12. Senate Do Pass , Passed, YEAS 32, NAYS 2 S.J. 114

  13. Senate Deferred to another day , Passed, S.J. 96

  14. Senate Deferred to another day , Passed, S.J. 85

  15. Transportation Do Pass , Passed, YEAS 5, NAYS 2 S.J. 3

  16. Scheduled for hearing S.J. 1

  17. First read in Senate and referred to Senate Transportation S.J. 17

Sponsors

  • Transportation · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 104 not signed on · 9 voted No

Sponsors (1)

  • Transportation

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 61 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 55503
Democratic 4100
Unaffiliated 2000
Total 61603
% of votes cast 87%9%0%4%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Nay
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Not Voting
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
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 Nay
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 Nay
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 Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Nay
Tim Czmowski Republican Yea
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 Nay

Official roll call →

Do Pass

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 11002
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Amber Arlint Republican Yea
Brian Mulder Republican Yea
Jeff Bathke Republican Not Voting
John Shubeck Republican Yea
Kent Roe Republican Yea
Keri Weems Republican Yea
Nick Fosness Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Tim Czmowski Republican Not Voting
Tim Goodwin Republican Yea
Tony Randolph Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 32 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30001
Democratic 1200
Unaffiliated 1000
Total 32201
% of votes cast 91%6%0%3%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Nay
Red Dawn Foster Democratic Nay
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

public-safety environment
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 71?
SB 71 is sponsored by Transportation.
What is the current status of SB 71?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 71?
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