PIERRE — Gov. Kristi Noem announced legislation on Monday aimed at possible protests against Keystone XL pipeline's construction across South Dakota.

"We are developing a plan to ensure that the Keystone XL pipeline is built through the state of South Dakota in a safe and efficient manner, while protecting our state, our counties, our water, our environment and our people throughout that build," Noem said in a Monday news conference.

Senate Bill 189 adds to state law the term "riot boosting" as a way to open the door for the state to file lawsuits against out-of-state people or groups who fund pipeline protests in an effort to stop the funding flow to protesters. The bill allows for the state to file lawsuits in agreement with "a third party having an interest in preventing a riot or riot boosting."

Senate Bill 190 would create the "Pipeline Engagement Activity Coordination Expenses fund" to pay for extraordinary expenditures incurred by the state or counties in preparing for or responding to opposition that is due to the pipeline's construction. The pipeline company would carry a large portion of the fund through a deposit at the start of construction, special fees and liens, according to the bill.

The ACLU of South Dakota is opposing the legislation because of its intent at curbing protests. The right to join in protest or peaceful assembly is "critical" to a functioning democracy and the First Amendment, according to Libby Skarin, policy director for the ACLU of South Dakota.

"Unfortunately, government officials sometimes violate this right through means intended to thwart free public expression sometimes by casting or framing protected speech as riotous," Skarin said in a statement. "Based on Gov. Noem's statement, it's clear that she's taking aim at the protests that could occur around the Keystone XL pipeline. At best, these bills are entirely unnecessary. At worst, they are meant to chill speech."

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Noem said she considers the 2016 Dakota Access Pipeline protests in North Dakota to be "riots" and South Dakota won't tolerate it during the construction of the Keystone XL pipeline. The out-of-state funders of pipeline protests typically call themselves "environmentalists" and national entities that create disruption over pipelines is what Noem is "hoping to shut down" in South Dakota.

"We live in a new world where protests often develop into riots. They slow and they stop construction. We support free speech and freedom of assembly in South Dakota, but we do not support riots. These riots are often nationally coordinated, out-of-staters who come in to disrupt and often cause undue jeopardy and harm to people and the environment around them," Noem said.

The legislation is a result of discussions Noem has had with TransCanada, law enforcement, legislators and other stakeholders regarding the Keystone XL pipeline. Noem said she hasn't consulted South Dakota's tribes and now that the bills are public, she said she's "looking forward to their feedback."

The ACLU of South Dakota is also taking issue with the introduction of the bills on the 33rd day of the 40-day legislative session, weeks after the Legislature's deadline to file bills. The ACLU is concerned that the bills filed at this late stage could take away the voice of the people and is "a subversion of our entire democratic process," according to a statement.

The bills were introduced on Monday in a "transparent manner," and will have House and Senate hearings and floor votes, Noem said. The bills were introduced at this point in the legislative session because she's been in discussion to ensure that the legislation is "appropriate and correct" in protecting free speech and right to assemble, while preventing riots, she said.

"There will be plenty of time for input, for feedback on the legislation and for these legislators to make their decision going forward," Noem said.

A timeline for Keystone XL's construction through South Dakota isn't yet known because the project is still tied up in court. Once complete, the 1,179-mile pipeline would carry up to 830,000 barrels a day of Canadian crude oil to Nebraska, where it would connect with lines to carry the oil to Gulf coast refineries.

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