Gov. Kristi Noem on March 27 signed into law a pipeline legislation package that she called a "proactive approach" to mitigating the risks associated with pipeline construction. She called the bills the "next generation model" for energy infrastructure projects, in a statement.

Opponents of the bills say they could curb the right to protest in South Dakota.

Noem answered those concerns by saying, "I fully support the freedoms of speech and assembly, but we must also have clear expectations and the rule of law. My pipeline bills make clear that we will not let rioters control our economic development. These bills support constitutional rights while also protecting our people, our counties, our environment and our state.”

Senate Bill 189 and Senate Bill 190 go into effect immediately, according to a report in in the Sioux Falls Argus Leader. Noem had announced the two bills during the final full week of the legislative session. They were hastily pushed through the Republican-controlled Senate and House and passed the two bills within 72 hours on the finals days of the legislative session.

SB 189 establishes civil penalties for “riot boosting,” or contributing money to or encouraging protestors who engage in violence. Meanwhile, SB 190 creates a funding source for costs attributed to increased law enforcement at protests, which are sourced from local, state, and federal money and contributions from pipeline companies.

Dakota Access pipeline protests in neighboring North Dakota resulted in 761 arrests and costs the state$38 million to police the protests. In an Associated Press report , Noems said the legislative package was developed to address problems caused by “out-of-state rioters funded by out-of-state interests.” Noem said earlier in the week that the state was working to make sure those type of disruptions and violence don’t happen in South Dakota with Keystone XL.

The ACLU of South Dakota immediately announced that it was "weighing its options" saying that SB 189 threatens freedom of speech and is specifically aimed at potential Keystone XL pipeline protests, according to the Argus Leader. A statement by the organization said the bill is "motivated by a fear of speech and protest," and contains broad language and could threaten free speech. 

Native American tribes in South Dakota have also opposed the bills. They also complained that most of the tribal chairmen were unable to attend the only hearing held on the bills due to their attendance at a meeting that day in Washington, D.C.

In response to the bills, three tribes have asked the state to not display their tribal flag at the state Capitol in Pierre, according to reports. They said in a statement the bills have "destroyed our trust" in the state.