South Dakota's Department of Transportation may now take over certain federal environmental review responsibilities for highway projects from the federal government under federal law. By doing so, the state waives its legal immunity from being sued in federal court over how it handles these environmental duties. The state also agrees to pay any damages, attorney fees, and court costs if it loses a lawsuit related to these environmental responsibilities, using money from the state highway fund.
The amendment converted the bill from introduced to enrolled form by removing the bill's substantive text (the three sections establishing SDOT's authority to assume federal environmental responsibilities, the state's waiver of sovereign immunity, and liability provisions) and replacing it with standard enrolled bill formatting and signature pages. This change reflects the bill's completion through the legislative process rather than any substantive policy modification.
Signed by the Governor S.J. 452
Delivered to the Governor S.J. 410
Signed by the Speaker H.J. 449
Signed by the President S.J. 388
House of Representatives Do Pass Passed, YEAS 61, NAYS 6. H.J. 415
House of Representatives Remove from Consent Calendar H.J. 387
Transportation Certified uncontested, placed on consent H.J. 19
Transportation Do Pass Passed, YEAS 11, NAYS 0. H.J. 19
Transportation Scheduled for hearing
House of Representatives Referred to House Transportation H.J. 166
First Reading House H.J. 150
Senate Do Pass Passed, YEAS 32, NAYS 2. S.J. 114
Senate Deferred to another day S.J. 96
Senate Deferred to another day S.J. 85
Transportation Do Pass Passed, YEAS 5, NAYS 2. S.J. 3
Transportation Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Transportation S.J. 17
Do Pass
Transportation — Do Pass
Do Pass
Transportation — Do Pass