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South Dakota SenateSB 36

authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.

Passed 6–3

What it does: On the version voted Mar 2, 2026: Lets qualified electric utilities file wildfire mitigation plans, bars strict liability for wildfire damage, treats a current plan as presumptively reasonable, and lets plaintiffs recover from a utility with a plan only by proving substantial noncompliance or malice or criminal intent. (AI-written summary of the bill; the official record shows the exact version voted)

Question before the chamber: Do Pass Amended

A yes vote adopted an amendment to SB 36 requiring wildfire mitigation plans to be updated every five years and limiting liability protections to utilities with a current plan, and recommended the bill for passage. (AI-written)

Read the official record ↗

The tally

Yes 6 · No 3 · Not voting 0

Bar: green = yes, brown = no, striped = not voting.

Votes by party
PartyYesNoNot voting
Democrats100
Republicans530

Most Republicans voted yes. 3 members voted against their party’s majority.

Voted against their party’s majority

The full roll (9)

“Not voting” is a recorded non-vote, not a reason for the absence. Parties come from public rosters; how we count.