All Roll Calls
Yes: 140 • No: 12
South DakotaSB 36101st South Dakota Legislature (2026)Senate
authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.
Sponsored By: Goodwin, Tim (Republican), Kolbeck, Steve (Republican)
Signed by Governor
FeesFirefightersLiabilityPromulgation of RulesPublic Utilities and CarriersReports
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Wildfire victims face tighter compensation limits
These limits apply when a qualified utility has a valid, current wildfire plan on the fire's initial ignition date. This law provides the only path for wildfire damage claims against that utility. Victims must prove an essential plan requirement was not substantially followed, or the utility acted with malice or criminal intent. They must show that conduct directly caused their losses and met the legal standard for responsibility. Proof must show this was more likely true than not. Strict liability does not apply, and utility activities cannot be treated as unusually dangerous grounds for liability. A current plan is presumed reasonable and prudent, but victims can challenge that presumption. Delayed or denied land access after a utility's request counts toward compliance for vegetation management or fire prevention. Claims must be filed within four years after initial ignition. Economic losses and property damage can be covered. Pain-and-suffering payments require death, visible bodily injury, smoke inhalation, or medically verifiable bodily injury. Punitive damages require clear and convincing proof that willful and wanton misconduct caused the loss. Land and building payments cannot exceed the smaller of restoration costs or the drop in fair market value. Destroyed belongings qualify for full market value; damaged belongings qualify for reasonable repair or treatment costs plus loss of use. Utilities keep their defenses under other laws.
Utilities publish wildfire safety plans
Qualified electric utilities and wholesale generators operating transmission can file wildfire safety plans. Plans must identify high-risk areas and set inspection, maintenance, vegetation management, and equipment-upgrade practices and schedules. They must explain when power is shut off or operations change, balancing land access, reliable service, and public safety. Plans also cover service restoration, added costs, public outreach, and coordination with state and local wildfire agencies. They must follow the 2023 National Electrical Safety Code. Plans submitted to the Public Utilities Commission need an officer's statement confirming all required contents. The commission must publish plans and amendments within 120 days; publication confirms completeness. Cooperative boards and city councils or commissions must act on their utilities' plans within 120 days. Approved local plans must appear on the utility's website. Utilities with published plans must report prior-year compliance by June 1 and update plans at least every two years. Reports must be published within 60 days of receipt by the commission or filing with the local approval authority. The commission can adopt rules for filing and publication.
Insurance payments change wildfire recovery rights
After a wildfire insurance payment, the law treats the recipient as fully compensated only for the insurer's recovery rights. These rights let an insurer seek repayment from another responsible party. Recipients cannot rely on unpaid losses to argue they have not been made whole for that purpose. Other state rules governing insurer recovery still apply. This rule does not mean all the recipient's losses have actually been paid.
Customers can pay utility wildfire costs
The Public Utilities Commission can approve charging customers for all prudently incurred costs of an approved wildfire plan. This includes investments, spending, and the cost of financing the work. Approval is allowed even when an earlier settlement restricts the utility from seeking higher rates. Customers may pay more, but the law sets no rate increase or dollar amount.
Sponsors & Cosponsors
Sponsors
Goodwin, Tim
Republican • House
Kolbeck, Steve
Republican • Senate
Cosponsors
Baxter, Heather
Republican • House
Crabtree, Casey
Republican • Senate
Czmowski, Tim
Republican • House
Davis, Sydney
Republican • Senate
DeGroot, Roger
Republican • House
Deibert, Randy
Republican • Senate
Duffy, Steve
Republican • House
Duhamel, Helene
Republican • Senate
Emery, Eric
Democratic • House
Greenfield, Lana J.
Republican • House
Halverson, Jim
Republican • House
Healy, Erin
Democratic • House
Heermann, Mellissa
Republican • House
Heinemann, Leslie J.
Republican • House
Jensen, Kevin D.
Republican • Senate
Kassin, Chris
Republican • House
Kull, David
Republican • House
Ladner, Trish
Republican • House
Larson, Liz
Democratic • Senate
Massie, Curt
Republican • House
Mehlhaff, Jim
Republican • Senate
Miskimins, Paul R.
Republican • Senate
Moore, Scott
Republican • House
Mortenson, Will
Republican • House
Muckey, Erik
Democratic • House
Novstrup, Al
Republican • House
Perry, Carl
Republican • Senate
Peterson, Drew
Republican • House
Reed, Tim S.
Republican • Senate
Rehfeldt, Taylor
Republican • House
Reimer, Rebecca
Republican • House
Roe, Kent
Republican • House
Rohl, Michael H.
Republican • Senate
Sauder, Stephanie
Republican • Senate
Schoenfish, Kyle
Republican • Senate
Shorma, William
Republican • House
Sjaarda, John
Republican • House
Van Diepen, Kevin
Republican • House
Vilhauer, Glen
Republican • Senate
Walburg, Tim
Republican • House
Weems, Keri K.
Republican • House
Weisgram, Mike
Republican • House
Wipf, Brandon
Republican • Senate
Zikmund, Larry P.
Republican • Senate
Roll Call Votes
Senate vote • 3/4/2026
Concurred in amendments
Yes: 31 • No: 3
House vote • 3/2/2026
Do Pass Amended
Yes: 63 • No: 2
House vote • 2/25/2026
Do Pass Amended
Yes: 11 • No: 0
Senate vote • 1/29/2026
Do Pass Amended
Yes: 29 • No: 4
Senate vote • 1/27/2026
Do Pass Amended
Yes: 6 • No: 3
Actions Timeline
Signed by the Governor
3/12/2026SenateDelivered to the Governor
3/10/2026SenateSigned by the Speaker
3/9/2026HouseSigned by the President
3/5/2026SenateConcurred in amendments
3/4/2026SenateDo Pass Amended
3/2/2026HouseDo Pass Amended
2/25/2026HouseMotion to amend
2/25/2026HouseScheduled for hearing
2/25/2026HouseFirst read in House and referred to
2/2/2026HouseDo Pass Amended
1/29/2026SenateMotion to amend
1/29/2026SenateDo Pass Amended
1/27/2026SenateMotion to amend
1/27/2026SenateScheduled for hearing
1/27/2026SenateFirst read in Senate and referred to
1/13/2026Senate
Bill Text
Introduced
1/6/2026
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