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 amendment added a clarification that minor stock ownership does not constitute control or ownership of electric facilities, and corrected a numbering error in the enforcement section (changing subsection (1) to (2)). This NARROWS the bill's restrictions by creating an exception for de minimis stock ownership, preventing the broad forfeiture provisions from applying to passive investors with trivial ownership stakes.
This amendment transitioned the bill from its engrossed (committee-reviewed) version to its enrolled (final passed) version by removing all legislative markup language and formatting while preserving the substantive content of the electric infrastructure protection law. The change is purely procedural and administrative—it strips out the visual indicators of edits and standardizes the document for official enactment—with no alteration to the bill's original purpose of restricting foreign and prohibited entities from owning or controlling electric facilities in South Dakota.
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