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 under this bill, NARROWING the scope of what triggers the prohibited person restrictions. This protects passive investors with small shareholdings from violating the law while maintaining the core prohibition on meaningful control of critical electric infrastructure.
This change converted the bill from its engrossed form (marked with revision tracking) to its enrolled form (final legislative version ready for the Governor), removing all the formatting indicators and markup while preserving the substantive content unchanged—the bill continues to prohibit foreign entities and non-citizens from owning or controlling electric infrastructure 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