Noem signs Indian Child Welfare Council and other bills into law • South Dakota Searchlight

South Dakota will soon have a council devoted to the welfare of Native American children.

Gov. Kristi Noem signed House Bill 1232 this week, which creates the Indian Child Welfare Advisory Council. It will bring together people from the Department of Social Services, South Dakota’s nine tribes, the Legislature, and the field of child welfare for annual conversations. 

The group’s work will include finding solutions to the disproportionate number of Native American children in the foster care system. A South Dakota Searchlight and Argus Leader investigation last year found that Native children accounted for nearly 74% of the foster care system, despite accounting for only 13% of the state’s overall child population. 

Following are summaries of some other bills Noem signed into law recently as she continues to consider measures passed by the Legislature. The 2024 legislative session ended Thursday, except for one day on March 25 to consider vetoes. Noem had not vetoed any bills as of Friday afternoon.

Prison funding

Senate Bill 50 helps fund the planned construction of a women’s prison in Rapid City by appropriating $2.42 million of remaining federal American Rescue Plan Act funds for water and sewer infrastructure at the site. It also moves $20.89 million into a fund for construction, to pair with $60 million set aside last year toward an estimated cost of $87 million.

“We are saving taxpayer dollars by avoiding future debt and funding this important project now,” Noem said in a news release.

The new prison will ease overcrowding at the existing women’s facility in Pierre. Noem has a similar bill under consideration that would provide funds for the construction of a men’s prison in rural Lincoln County.

Medical marijuana

SB 10 says if a person obtains certification for a medical marijuana card from a practitioner who’s not their primary care provider, that practitioner must notify the patient’s primary care provider or referring practitioner. 

Sexual assault allegations

SB 98 establishes the admissibility of suspects’ previous sexual assault allegations in prosecutions of child sexual assaults. Lawmakers rejected a similar bill addressing suspects in adult sexual assault cases.

During testimony on the bills, supporters pointed to federal rules allowing such evidence, written in the 1990s but never adopted in South Dakota. 

Guaranteed income ban

SB 115 prevents a county, township or municipality from authorizing a guaranteed basic income program, such as those that have been offered to low-income people in some U.S. cities.

The bill defines a guaranteed income program as “a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual.” The bill says the term does not include unemployment benefits.

Feral cats

SB 172 allows a person to temporarily take responsibility of a feral cat for the purpose of spaying or neutering the animal.

Carbon pipeline bills

Following through on a pledge she made immediately after the bills’ passage, Noem signed three bills intended to strengthen landowner protections while maintaining a regulatory path forward for a multi-state carbon dioxide pipeline proposed by Summit Carbon Solutions.

The bills are HB 1185, HB 1186 and SB 201. Among other things, they require pipeline companies to pay landowners $500 for access to survey land; allow counties to impose a pipeline surcharge of up to $1 per linear foot, with half of the proceeds going to affected landowners as property tax relief; restrict pipeline easements to five years if a project isn’t permitted and to 99 years otherwise; give landowners rights to contest surveys and request survey results; and stipulate that a pipeline permit from the state Public Utilities Commission overrules local pipeline regulations, unless the commission decides to require compliance with local rules.