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 clarifies that de minimis stock ownership does not constitute control, operation, or ownership under the prohibition on prohibited persons controlling electric facilities.
The amendment changed the bill's codification reference from 26.256.23 to 26.256.24 and removed procedural markup language, converting the engrossed version to its enrolled final form.
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