Today is Day 14 of South Dakota’s 38-day legislative session. With a new governor in place, and over 400 bills introduced so far, the session is off to a busy start. More bills are expected in the run up to the last day for bill introduction, which is Thursday, Feb. 6.
Bills must pass out of their house of origin by Feb. 25, which is known as Crossover Day. All bills must pass out of both houses by March 10 (Legislative Day 34). The session will conclude on March 13, with March 31 (Legislative Day 38) reserved for gubernatorial vetoes.
See below for more information on the bills we are following and to read our full update.
Let your voice be known.
It is critical that legislators hear from the people they represent. We encourage you to get involved in the legislative process by communicating with elected officials about the issues you care about. If you don’t know who your legislators are, you can find them at this link.
Most testifying is done in person. Currently, it is up to each committee to decide whether or not to allow remote testimony. To make a request to testify remotely, contact the committee that has been assigned to the bill. Email addresses can be found here by clicking on the specific committee. Committees ask that remote testimony requests, written comments, or digital handouts are submitted 24 hours in advance of the committee hearing.
We welcome your input. Feel free to be in touch about these or any other bills you feel are important to rural communities. I can be reached at [email protected] or 605.240.0039.
Energy
House Bill (HB) 1007 (brought at the request of the Public Utilities Commission, or PUC) — Monitor: This bill would permit the PUC to recover reimbursement costs from an applicant in a timely manner. Current law permits the PUC to recover actual costs for energy siting dockets for projects such as transmission lines, wind, solar, and pipelines but states that “the commission must seek reimbursement for those costs during the next regular legislative session.” This bill would remove the requirement that the PUC wait until the next legislative session to that reimbursement. HB 1007 was heard on Jan. 24 in the House Commerce and Energy committee and passed 10-3. It was heard on the House floor on Jan. 27 and passed 58-10. It now heads to the Senate Commerce and Energy committee.
HB 1008 (brought at the request of the PUC) — Support: This bill would allow hybrid energy facilities to be regulated by the PUC. HB 1008 was heard and amended to clarify language. During testimony PUC Commissioner Nelson noted that with advances in technology new hybrid energy facilities (such as a combined wind and solar facility) are expected to be proposed. These types of facilities can be complimentary as they produce energy at different times of day. The bill would give the PUC the ability to regulate these types of large energy facilities if they are over 100 megawatts (MW) combined. HB 1008 was heard in the House Commerce and Energy committee on Jan. 24 and passed 13-0. It was heard on the House floor on Jan. 28 unopposed. It will now be assigned to a Senate committee.
Senate Bill (SB) 108 (Nelson) — Monitor: This bill reduces the megawattage requirement for energy conversion facilities that are governed by the PUC. Currently, energy facilities, including solar and wind projects, that produce 100 MW or more must go through the PUC siting and permitting process, and facilities that produce less than 100 MW are sited and permitted by the counties. SB 108 has been referred to the Senate Commerce and Energy committee. A hearing date is not yet set.
Carbon pipeline bills — Monitor: The session has seen a number of bills introduced related to carbon pipelines. This includes:
HB 1052 (Lems) — prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.
HB 1085 (Vasgaard) — establish a moratorium on the construction of carbon dioxide pipelines in this state and declare an emergency.
SB49 (Carley) — prohibit the exercise of the right of eminent domain for the construction of certain facilities.
Of these bills, only HB 1052 has been heard. On Jan. 14 this bill passed the House State Affairs committee 10-3, and on Jan. 27 it passed the House floor 49-19.
Agriculture and conservation
HB 1107 (Auch) — Oppose: This bill would prohibit natural asset companies. A natural asset company is a corporation, limited liability company, or any other entity that has the authority to manage an area for conservation, restoration, ecological performance, or sustainable development. This bill is concerning as it has the potential to limit the ability of organizations such as Ducks Unlimited, the Nature Conservancy, and others that manage land for wildlife habitat or natural resource stewardship to operate in the state. HB 1107 was heard in the House Commerce and Energy Committee on Feb. 3, and was slightly amended before passing 7-5.
Economic and community development
SB 86 (Davis) — Support: This bill would expand eligibility for the rural recruitment assistance program to include chiropractors and optometrists. The rural health care recruitment assistance program, operated by the Department of Health, offers financial incentives to medical providers such as physicians, dentists, nurse practitioners, physician assistants, and certified nurse midwives who agree to practice in communities with a population of less than 10,000. SB 86 will be heard in the Senate Health and Human Services Committee on Feb. 5.
HB1132 (Healy) — Support: This bill would create provisions for eligibility in the state’s child care assistance program for certain child care employees. Individuals working at least 20 hours a week for a day care center, family day care, or before or after school program would be able to exclude the income from these positions when determining eligibility for the child care assistance program, which is administered by the South Dakota Department of Social Services. HB 1132 has been referred to the House Health and Human Services committee. A hearing has not yet been scheduled.
SB 95 (Davis) — Support: This bill makes an appropriation to the Department of Revenue for distribution of county rural access infrastructure funds. SB 95 appropriates $25 million from the general fund to distribute to counties for rural infrastructure improvements. This money would be paid in fiscal years, 2026, 2027, and 2028. Counties are allowed to use money from the fund for the construction, rehabilitation, or replacement of small structures (bridges or culverts) on county secondary highways. SB 95 is scheduled for a hearing in the Senate Transportation committee on Feb. 5.
HB 1041 (brought at the request of the Department of Education) — Oppose: This bill would revise and repeal provisions related to the function of the state library and its board. Former Gov. Noem’s 2025 budget proposed cutting the state library’s general budget by more than $1 million. This cut would eliminate 12.5 positions and reduce the library’s ability to receive over a million dollars in federal funding. The state library serves as a vital resource for rural libraries across South Dakota, and the cuts in funding along with the provisions of this bill would eliminate most of the state library’s services and functions. The State Library Association has provided a fact sheet on the impact of this proposal. HB 1041 will be heard in the House Education committee on Feb. 5.
HB 1009 (Jordan) and HB 1020 (Odenbach) — Oppose: Both bills would have used state funds to create, in essence, a school voucher program. These bills would have diverted public funding from the Department of Education to fund private, alternative education programs that have little oversight. The Center maintains that public funds should stay with public education. HB 1009 and 1020 were sent to the 41st day (killed) in the House Education committee on a vote of 8-7 and 9-6, respectively. The Argus Leader reported an overview of testimony during the hearings.
Upcoming legislative forums
Aberdeen Area Coffees, Feb. 8 and Feb. 22, hosted by the Aberdeen Area Chamber of Commerce
District 24 Legislative Coffee, Feb. 1, hosted by the Pierre Area Chamber of Commerce
Rapid City Area Cracker Barrels, Feb. 1, Feb. 15, and March 8, hosted by Elevate Rapid City
District 2 Legislative Coffee, Feb. 8, hosted by the Brandon Valley Area Chamber of Commerce
District 7 & 8 Legislative Coffee, Feb. 22, hosted by the Brookings Area Chamber of Commerce
Piedmont (Foothills Area) Legislative Cracker Barrel, Feb. 15, hosted by Prairie Hills Audubon Society, Rapid City Chapter of Dakota Rural Action and the Piedmont Valley American Legion Post 311
Sioux Falls Area Legislative Coffees, Feb. 22 and March 1, hosted by the League of Women Voters of South Dakota
Lawrence County/District 31 Legislative Cracker Barrel, Feb. 15, hosted by the Spearfish Area Chamber of Commerce
District 29 Legislative Cracker Barrel, March 1, hosted by the Sturgis Chamber of Commerce & Visitors Bureau
Madison Legislative Cracker Barrel, Feb. 15, hosted by the Greater Madison Area Chamber of Commerce
District 4 Legislative Cracker Barrel, Feb. 25, hosted by the Milbank Area Chamber of Commerce
District 18 Legislative Cracker Barrel, Feb. 22 and March 15, hosted by Yankton Thrive
Vermillion Area Legislative Cracker Barrel, Feb. 15 and March 1, hosted by the Vermillion Area Chamber & Development Co.
