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.
This change converts the bill from its introduced form to its enrolled (final passed) form, removing the legislative tracking markup and citation details while adding official enrollment signatures and certification pages. The substantive policy content of the bill—authorizing the Department of Transportation to assume federal environmental review responsibilities and waiving sovereign immunity—remains unchanged.
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