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Governor to make call on immigration sanctuary cities ban after House passage • South Dakota Searchlight

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Governor to make call on immigration sanctuary cities ban after House passage • South Dakota Searchlight


A bill barring cities, counties or schools from acting as safe havens for undocumented immigrants in South Dakota is headed to the governor’s desk after a 62-6 vote in the state House of Representatives.

Lawmakers are considering several bills this legislative session dealing with immigration. Senate Bill 7, the first of those bills to pass both chambers, would prohibit the state and its political subdivisions from adopting any policy to prevent local law enforcement from cooperating with federal immigration authorities or disciplining officers who do. 

There are no South Dakota cities or counties where police or sheriff’s deputies have refused to work with U.S. Immigration and Customs Enforcement (ICE), according to the bill’s sponsor, Rep. Mary Fitzgerald, R-Spearfish.

“Potentially, if we didn’t pass this legislation, maybe we would,” Fitzgerald said in response to a question from Rep. Kadyn Wittman, D-Sioux Falls. “This is really a proactive bill, a proactive step toward making our state safe.”

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Noem calls deportation protection for Venezuelans ‘contrary to the national interest’

The bill is meant in part as a statement of support on the state level for the immigration law enforcement actions undertaken by the Trump administration, Fitzgerald said.

“President Trump vowed to make America safe again, and as we’ve seen since January 20, he is living up to that promise with thousands of arrests and ICE detainers,” she said. “The South Dakota Legislature is not in charge of border security, but we are affected by the criminals who have entered the United States illegally.”

Wittman voted against the bill. There’s no need to address an issue if it doesn’t exist, she argued, but there could be unintended consequences. Migrant victims of domestic violence may be less likely to call for help for fear of detention, she said, and a statement of support for federal raids will serve to sour relationships between migrants and the members of law enforcement who may need their help investigating criminal activity.

The bill’s easy passage through the House – it cleared the House Local Government committee 12-1, with Wittman the lone opponent – follows an even smoother trajectory in the Senate. The upper chamber placed SB 7 on its consent calendar, passing it unanimously and with no debate alongside three other uncontested bills.

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Gov. Rhoden’s office did not immediately respond to a question on whether he’ll sign SB 7.

Two other proposals tied to immigration advanced Monday, as well.

The Senate sent legislation to the House that would add language to state law and the state constitution saying it’s illegal for noncitizens to vote in South Dakota elections.

Federal law already says only U.S. citizens may vote in federal elections. But Sen John Carley, R-Piedmont, said there is nothing in state law specifying that a person must be a U.S. citizen to vote in South Dakota elections.

State Sen. John Carley, R-Piedmont, speaks in the South Dakota Senate on Feb. 3, 2025. (Seth Tupper/South Dakota Searchlight)
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“We have always just assumed this is required,” Carley said.

His bill contains language to that effect and would also make voting by noncitizens a felony punishable by up to two years in prison and a $4,000 fine.

The other bill, from Sen. Taffy Howard, R-Rapid City, would ask voters to put similar language in the state constitution on Election Day in 2026. The constitution can only be amended by voters.

Asked by South Dakota Searchlight if the bills are redundant, Carley said his bill is needed to put a law in place with a penalty now while the Legislature waits to see if the ballot measure wins approval later.

Carley said the two bills are part of a “trifecta of safeguards” against noncitizens voting. The third bill, from Sen. Amber Hulse, R-Hot Springs, would require driver’s licenses and identification cards to indicate whether the licensee is a U.S. citizen. Identification is required to cast a ballot in South Dakota.

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The Senate sent that bill to the House last week.

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South Dakota Senate revives bill to expand powers for state auditor • South Dakota Searchlight

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South Dakota Senate revives bill to expand powers for state auditor • South Dakota Searchlight


The state Senate voted unanimously to grant the state auditor the right to access and investigate agency records on Thursday — 24 hours after shooting down the idea by a single vote. 

The Wednesday loss for Senate Bill 60 at the state Capitol in Pierre came amid confusion over a compromise amendment meant to appease the concerns of the governor’s office. The bill was introduced by Attorney General Marty Jackley and supported by Auditor Rich Sattgast. 

Several lawmakers said Wednesday from the Senate floor in Pierre that all three offices had agreed to remove the audit and investigatory authority of the auditor from the original bill, so as not to duplicate the work of the attorney general. 

Others signaled that such a move would defang the bill, and that they preferred the attorney general-supported version that cleared a Senate committee on Jan. 27.

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The auditor and attorney general sat in the gallery for the second round of debate on the bill Thursday. Jackley brought it to lawmakers at the start of session in the face of the myriad scandals involving former state employees.

  • Ex-Department of Social Services (DSS) employee Lonna Carroll is accused last July of embezzling $1.8 million from the state.
  • Former Department of Revenue employee Sandra O’Day allegedly created 13 fake vehicles to help her secure $400,000 in loans before her death last year. Two more former revenue department employees, Lynne Hunsley and Danielle Degenstein, were later charged for malfeasance.
  • Renee Strong faces felony charges for allegedly submitting falsified reports of food-service health inspections for the Department of Public Safety.
  • Former DSS employee Amalia Escalante Barrientos pleaded guilty last month to a misdemeanor for using a voucher intended for a foster family to buy groceries for herself.

Senate revives auditor authority bill

After the Senate voted to reconsider SB 60 on Thursday, Sen. Jim Mehlhaff, R-Pierre, moved an amendment similar to the one he’d spoken against the day before. There was “quite a bit of confusion” Wednesday about Jackley’s position on the compromise amendment, he said, but “this is very much supported by the attorney general,” as well as the governor’s office and auditor.

Currently, the state auditor doesn’t have the authority to access agency records and assess their financial and operational fidelity. In its original form, SB 60 empowered the auditor with access to the financial and internal records of state agencies for the purposes of conducting audits, and to conduct investigations.

The governor’s office had argued that an elected state auditor doesn’t necessarily have the professional expertise to conduct agency audits. There were also concerns about duplicating investigative efforts.

Thursday’s amendment still removed audit authority, but preserved access to records, as well as the ability to investigate financial transactions. In the event malfeasance or irregularities emerge, the auditor would report them to the attorney general.

Senate President Pro Tempore Chris Karr, R-Sioux Falls, said he was pleased to see the state office-holders compromise with the legislature to ease their worries about the bill’s value as a bulwark against misconduct.

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“Do I still like the original bill? I do. Is this amendment, I think, a compromise we should move forward? I think it is,” Karr said.

Wednesday’s version of the bill died 17-18; Thursday’s iteration passed 35-0.

The Senate did vote Wednesday to advance another Jackley-backed transparency bill, Senate Bill 61, which seeks to strengthen the state’s internal control board. 

Senate Bill 60 now moves to the state House of Representatives.

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Obituary for Brad A. Anfinson at Miller Funeral Home & On-Site Crematory

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Obituary for Brad A. Anfinson at Miller Funeral Home & On-Site Crematory


Brad Allen Anfinson, aged 40, passed away on February 2, 2025, in Sioux Falls, SD. He was born on December 18, 1984, in Sioux Falls, SD, to Gregory and Cindy Osborne Anfinson. Visitation will be held on Saturday, February 8, 2025, from 4-7 PM at Miller Funeral Home Southside Chapel.



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Lawmakers decline to endorse Noem-backed state library funding cut, school safety grant program • South Dakota Searchlight

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Lawmakers decline to endorse Noem-backed state library funding cut, school safety grant program • South Dakota Searchlight


Former South Dakota Gov. Kristi Noem’s education priorities continue to face setbacks in the Legislature, including proposals to cut funding for the South Dakota State Library and to put $10 million toward school safety grants.

The House Education Committee voted Wednesday to move the two proposals to the legislative budget committee with “do not pass” recommendations.

It’s a battle over priorities in a tight budget year, said Yankton Republican Rep. Mike Stevens.

The same committee last week shot down a Governor’s Office-supported education savings account bill, which would have used $4 million in public funds to pay for a portion of private, online or homeschool instruction costs. Republican leaders plan to advance related legislation.

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South Dakota State Library

Noem had proposed cutting the State Library’s funding by about $1 million. The cut would lay off about a dozen employees and jeopardize programming and services local libraries depend on, several librarians told lawmakers at the Capitol in Pierre.

The Department of Education introduced a bill that would change the duties of the State Library to align expectations with Noem’s proposed budget cut.

Were it endorsed by lawmakers, the cut itself would be embedded in the state’s general appropriations bill, which is passed at the end of the legislative session.

State Library budget cut would hamstring local libraries, opponents say

Education Secretary Joseph Graves told lawmakers that key services would still be available if the funding cut were to take effect. That would include statewide training and technical assistance to libraries, Braille and talking book services for people who are blind and hard of hearing, and assistance with literacy programming and organization.

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Opponents told lawmakers they doubted such services would be feasible without continued funding. Librarians said they were concerned about losing statewide interlibrary loan services, shared database access and other services. Representatives of local governments said they worried they’d shoulder the financial burden to cover such services.

The committee voted unanimously to move the bill on to the legislative budget committee with a “do not pass” recommendation.

Sioux Falls Republican Rep. Amber Arlint added that she was worried cutting state funds for the library would mean replicating programs and costs elsewhere in the state.

“We all serve the same taxpayers,” Arlint said. “So to cut services to balance our state budget just to pass them onto a different set of taxes is absolutely absurd to me.”

School safety grant funding

Lawmakers on the committee also voted 11-4 against endorsing Noem’s proposed $10 million grant program for school security upgrades.

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Scott Rechtenbaugh, criminal justice service director with the state Department of Public Safety, said that although roughly 200 schools have completed safety assessments with the department’s School Safety Center since 2020, many don’t have funding to make recommended upgrades.

That jeopardizes student safety as school shootings continue nationwide and school safety threats increase in the state, he said. Rechtenbaugh reminded lawmakers of the 2015 Harrisburg High School shooting and a 2024 school threat in Winner. No one was killed in either event.

The grant would let the department distribute $2 million annually for surveillance cameras, panic buttons, doors and locks, fencing, gates, barriers and other security measures.

“I know there’s a lot of debate on, ‘Can we afford this?’” Rechtenbaugh said. “But my question is, ‘Can we afford not to?’”

The state Department of Education and the South Dakota Police Chiefs’ Association supported the bill. Dianna Miller, a lobbyist for the Large School Group, was the sole opponent.

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“I hope, I pray our budget and sales tax will increase and we do the things necessary to get through this year, and then maybe the program would be ripe for it,” Miller said. “But the fact of the matter is that right now is not the time.”

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