Pierre — The South Dakota Senate on a roll call vote defeated House Bill 12‑61 on final passage, 21‑14, after a broad floor debate over whether the measure would protect landowners and townships or instead reduce local control and permit private use of public rights of way.

Senator Davis, the bill’s sponsor, told colleagues the measure was designed "to protect family farms and their ability to operate efficiently and transparently when seeking a conditional use permit by having a complete hearing when everyone, where everyone is at the table, including a township that is affected." She said the bill was permissive and would provide counties the ability to tie permit conditions to projects while ensuring townships and municipalities received notice and could participate.

Opponents, led by Senator Nelson, argued the bill would remove decision‑making authority from townships and effectively allow counties to grant private, for‑profit access to adjacent landowners’ rights of way. "This bill removes the township's role as the decision maker…It is intentionally vague and poorly worded so it can be applied to any project at any time," Nelson said on the floor.

Other senators pressed on definitions and scope. Senator Lopke asked what "infrastructure" in the bill meant and whether it might permit unconventional uses of rights of way; Davis responded that the language was intentionally broad so that townships would receive notice of any application that might affect section line rights of way. Senator Reid and others repeatedly emphasized that no existing statute language was being stricken and that the bill is intended to "bring people to the table," not to strip statutory authority.

Several speakers noted statutory background. Sponsors and supporters referenced South Dakota Codified Laws (SDCL) cited during debate (see authorities). Supporters said the bill would provide certainty for lenders and landowners by preventing a later unilateral change to permit terms that might undermine long‑term agricultural investments.

After closing remarks from the sponsor and additional floor discussion, the secretary called the roll. The chair announced: "Mister president, we have 14 yeas, 21 nays," and the president declared the bill lost.

Ending — The vote ends the Legislature’s immediate consideration of HB 12‑61; several senators who opposed and who supported the bill urged further local discussion and editing before reintroducing related fixes in a future session.