SIOUX FALLS, S.D. (KELO) — Site work started on Wednesday on the location of the proposed men’s prison in Lincoln County.

Republican Sen. Kevin Jensen said during the South Dakota Legislature’s Joint Committee on Appropriations meeting on Thursday morning that actual site work wasn’t authorized when lawmakers passed Senate Bill 49 in 2024.

Jensen told the committee Thursday that, during a discussion Wednesday with DOC officials, he received texts about the demolition of a barn, trees and other buildings at the site where the Noem administration plans to build the new men’s prison. He said he asked what provided the authority for that site work and was told by DOC officials that it was SB49.

Republican Rep. Kevin Jensen testifies at Thursday’s joint appropriations committee.

Committee member Republican Rep. Tony Venhuizen responded that Jensen was correct in saying SB49 did not authorize site work to start. But, Venhuizen continued, House Bill 1017 passed “overwhelmingly” in 2023 and did authorize site work to start.

Venhuizen said the site preparation that is going on now was authorized in HB1017.

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Jensen played a recording of Venhuizen’s House testimony on SB49 during the committee meeting. Had more lawmakers realized what they were voting for, Jensen said, they would not have voted in favor of SB49.

“I would like to clarify for just a minute. There have been two bills passed on this topic, at least,” Venhuizen said in response to Jensen’s comments.

Venhuizen said SB49 transferred money into a construction fund. HB1017 authorized more action, he said.

Venhuizen read a section from HB1017 that says “Department of Corrections is hereby authorized to contract for the planning and site preparation of a prison facility for offenders committed to the Department of Corrections, including architectural services, engineering services, and other services as may be required to accomplish the project.”