HB1049 prohibits foreign nationals from certain countries and foreign entities from owning, operating, or controlling electric power facilities in South Dakota, including power plants, transmission lines, and distribution equipment. Anyone who violates this ban must sell their interest within one year, and any contracts granting control to prohibited persons become unenforceable starting July 1, 2026. The bill treats violations as subject to forfeiture under South Dakota's asset forfeiture laws.
This bill does not directly amend codified state law.
The engrossed version adds a clarification that small stock ownership ("de minimis") doesn't constitute control or ownership under the bill's prohibition on foreign entities controlling electric infrastructure, and corrects a numbering error in the enforcement section. This NARROWS the bill's restrictions by creating an exception for minor investors while maintaining the core protective framework.
This change converts the bill from its "engrossed" draft form to its final "enrolled" version for passage, which is a procedural step that removes legislative markup language and formatting while preserving the substantive content—the bill's purpose of prohibiting foreign entities and non-citizens from controlling electric infrastructure remains unchanged.
Signed by the Governor H.J. 562
Delivered to the Governor H.J. 520
Signed by the President S.J. 470
Signed by the Speaker H.J. 492
Senate Do Pass Amended Passed, YEAS 33, NAYS 0. S.J. 426
Commerce and Energy Certified uncontested, placed on consent
Commerce and Energy Do Pass Passed, YEAS 6, NAYS 0.
Commerce and Energy Scheduled for hearing S.J. 1
Senate Referred to Senate Commerce and Energy S.J. 93
First Reading Senate S.J. 83
House of Representatives Do Pass Amended Passed, YEAS 68, NAYS 0. H.J. 106
House of Representatives Motion to amend H.J. 106
House of Representatives Remove from Consent Calendar H.J. 53
Commerce and Energy Certified uncontested, placed on consent H.J. 1
Commerce and Energy Do Pass Passed, YEAS 13, NAYS 0. H.J. 1
Commerce and Energy Scheduled for hearing H.J. 1
First read in House and referred to House Commerce and Energy H.J. 11
Commerce and Energy — Do Pass
Do Pass Amended
Commerce and Energy — Do Pass