South Dakota: Utility Wildfire Immunity Legislation

Deadline: Wednesday, Feb. 11, 2026

Action: Contact Your State Representative to Ask for a “NO” Vote on SB 36

The House Commerce and Energy Committee is hearing SB 36, an overreaching and unnecessary bill that gives utility companies almost full legal immunity if they cause a wildfire and creates a wildfire mitigation plan. This would cause insurers to pay claims with no legal recourse and would cause South Dakotans that are underinsured or uninsured to lose everything with no remedy against a utility company. Additionally, there are minimal requirements that a utility company create or follow their mitigation plan. This bill would, in effect, shift all liability for wildfires onto individuals, businesses, and insurers.

Passing SB 36 in its current form would put upward pressure on insurance rates and could impact the availability of insurance coverage in South Dakota. Other states have passed legislation providing some legal protection to utility companies while still allowing legal recourse for individuals and insurers. In SB 36, no such recourse is possible due to the standards needed to prove the utility was at fault. This bill would make it nearly impossible to recover losses due to wildfires caused by a utility.

Click Here to Tell Your Representative to Vote “NO” on SB 36