SB 71 South Dakota Senate · 2026 Regular Session

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

SB 71 allows South Dakota's Department of Transportation to take over federal environmental review responsibilities for highway projects under the National Environmental Policy Act (NEPA). It directly affects the state DOT and any parties involved in lawsuits related to these highway projects. Key provisions include waiving South Dakota's sovereign immunity (meaning the state can be sued in federal court) for compliance disputes and requiring the state to pay damages and attorney fees from highway funds if it loses such cases. The bill streamlines environmental reviews for state highway projects but does not change federal environmental standards.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 2 edits · Feb 24, 2026
MINOR
This document shows the transition of Senate Bill 71 from its introduced version to the enrolled (final) version ready for signing. The bill authorizes the South Dakota Department of Transportation to assume certain federal environmental review responsibilities under the National Environmental Policy Act and waives the state's sovereign immunity in related legal cases. The enrolled version includes all substantive provisions plus standard legislative formatting elements like the title page, certification lines, and signature blocks.
TECHNICAL

Added standard legislative formatting elements including bill number, session information, title page, certification lines for governor and legislative officers, and signature blocks that were not present in the introduced version.

Removed browser compatibility warnings and technical notices that appeared in the introduced version's header, which were likely display artifacts from the legislative website rather than bill content.

Floor votes · Senate Jan 26, 2026 · House Feb 23, 2026

How they voted

322
Passed · 1 other
Total votes 35
Jan 26, 2026
D Democratic3
1 Yea 2 Nay
66% Nay
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
10
Committee
3
Mar 4, 2026
Signed into law
Signed by the Governor on 2026-03-04 S.J. 452
executive
Feb 25, 2026
Upper · Passed
Signed by the Speaker H.J. 449
upper
Feb 24, 2026
Upper · Passed
Signed by the President S.J. 388
upper
Feb 23, 2026
Upper · Passed
House of Representatives Do Pass , Passed, YEAS 61, NAYS 6 H.J. 415
upper
Feb 19, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, H.J. 19
upper
Feb 19, 2026
Upper · Passed
Transportation Do Pass , Passed, YEAS 11, NAYS 0 H.J. 19
upper
Jan 28, 2026
Committee
Referred to House Transportation H.J. 166
upper
Jan 26, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 32, NAYS 2 S.J. 114
upper
Jan 23, 2026
Upper · Passed
Senate Deferred to another day , Passed, S.J. 96
upper
Jan 22, 2026
Upper · Passed
Senate Deferred to another day , Passed, S.J. 85
upper
Jan 21, 2026
Upper · Passed
Transportation Do Pass , Passed, YEAS 5, NAYS 2 S.J. 3
upper
Jan 13, 2026
Introduced
First read in Senate and referred to Senate Transportation S.J. 17
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.