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Guest Column: Why South Dakota Can Never Have its Own ‘BBB’ by Thomas E. Simmons

Guest Column: Why South Dakota Can Never Have its Own ‘BBB’
by Thomas E. Simmons
President Trump’s so-called “Big Beautiful Bill” in fact, boasts a much more technical title: it is the bill “To Provide for Reconciliation Pursuant to title II of H. Con. Res. 14.” It is something like 1,000 pages in length and contains numerous unrelated subjects including everything from tax relief to border security and Medicaid eligibility.
For better or worse, South Dakota will never see any state legislation (or constitutional amendment) which approximates the Big Beautiful Bill on account of a state constitutional prohibition. South Dakota bills can’t be too big. It’s a rule – the “single subject rule.”
Article 23 of South Dakota’s Constitution contains the single subject rule. It speaks to state constitutional amendments and it provides that ‘‘no proposed amendment may embrace more than one subject”
A similar rule (contained in Article 3) imposes the same limitation with regards to legislative bills: “No law shall embrace more than one subject, which shall be expressed in its title.”
As readers of the South Dakota War College know, South Dakota allows a limited form of direct democracy with its initiative and referendum procedures. Voters can propose new laws, repeal old ones, and even amend the state constitution. The current form of Article 23’s single subject rule was itself the product of a voter-initiated constitutional amendment in 2018.
What is the idea behind the single-subject rule? Its purpose is to prevent “logrolling.” As the South Dakota Supreme Court explained in a 1937 decision, anti-logrolling “is intended to prevent the bringing together in one act of subjects having no necessary connection or relation with each other, to guard the Legislature and persons affected by the Law against surprise and imposition.”
In 2020, the voters of South Dakota were presented with an amendment (“Amendment A”) to the South Dakota Constitution. Amendment A, if approved, would add a new article – Article 30 – to the Constitution. It addressed the legalization and regulation of marijuana. The voters approved it 54.2% to 45.8%.
A challenge was filed and in 2021, the South Dakota Supreme Court determined that Amendment A was unconstitutional in that it violated the single subject rule. As a result, the amendment was invalidated. The case was captioned Kevin Thom (the Sheriff of Pennington County) versus Steve Barnett (the South Dakota Secretary of State). The opinion contains the entire text of Amendment A as an appendix; the appendix runs some 5 pages.
Despite the relative brevity of Amendment A (less than half a dozen pages compared to the phone book-sized Big Beautiful Bill), our Court found that it violated the single subject rule insofar as it addressed at least two independent subjects: legalized marijuana and legalized hemp, each with a separate object or purpose.
The Court took note of the fact that legalization of marijuana addressed a substance with psychoactive properties. Hemp, however, is not psychoactive.
The Court explained:
The constitutional mandate requiring legislation to provide for “the cultivation, processing, and sale of hemp’’ has the distinct object or purpose of allowing industrial and agricultural use of a product that contains essentially no psychoactive properties… In contrast, there is no fixed maximum level of psychoactive properties for marijuana in Amendment A.
The Court even found an impermissible third subject within the text of Amendment A (medical marijuana) and hinted at a possible fourth (taxation of marijuana sales)). The proponents of Amendment A claimed that their amendment contained but a single subject – the legalization of marijuana including agricultural uses. But the Court wasn’t having it.
Interestingly, the South Dakota Supreme Court noted that it appeared that perhaps “the drafters of Amendment A folded the additional subjects of hemp and medical marijuana into this single amendment to aggregate votes and increase the chances for passage of the provisions legalizing and regulating recreational marijuana.” The fact that the voters of South Dakota rejected recreational marijuana as a single subject when presented with the option in 2022 and again in 2024 underscores the Court’s concerns. Perhaps the Amendment A sponsors had tried (unsuccessfully) to logroll us.
At any rate, for better or worse, the single subject rule ensures that South Dakota will never witness its own Big Beautiful Bill.
Thomas E. Simmons
University of South Dakota Knudson School of Law
Vermilion, SD
Dusty Johnson Secures Tax Relief, Border Security, and Historic Spending Reduction
Johnson Secures Tax Relief, Border Security, and Historic Spending Reduction
Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) voted to pass the conservative reconciliation package, the One Big, Beautiful Bill, to protect families, small businesses, and communities across America from the largest tax increase in American history. The bill now heads to President Trump’s desk for his signature.
“After struggling with the burden of inflation for the last four years, families and businesses are desperate for tax relief, and this bill has it,” said Johnson. “Our state is counting on the provisions in this bill for extension of current tax rates to see our businesses and communities grow and thrive. This bill is pro-family, pro-small business, pro-energy, and pro-America. I’m proud to send it to President Trump’s desk.”
The three most important parts of the package:
- Avoids a historic tax hike for most Americans and businesses.
- The bill includes no tax on tips, no tax on overtime, and provides $6,000 of tax relief for seniors.
- Without extending current tax rates, the average taxpayer in South Dakota would see a 25% tax hike.
- Without extending current tax rates, an average South Dakota family would see a tax increase of $2,500.
- Without extending current tax rates, 101,690 South Dakota families would see their household’s Child Tax Credit cut in half.
- Without extending current tax rates, 94% of South Dakota taxpayers would see their guaranteed deduction slashed in half.
- Without extending current tax rates, 88,730 South Dakota small businesses would see their tax rates surge to 40 percent.
- Without extending current tax rates, the National Association of Manufacturers expects South Dakota would lose 17,000 jobs, $1.5 billion lost wages, and $3.1 billion lost economic output.
- Secures our borders.
- It will complete 701 miles of primary walls, 900 miles of river barriers, 629 miles of secondary barriers, replace 141 miles of vehicle and pedestrian barriers, and strengthen border surveillance technology.
- It funds “Remain in Mexico” enforcement and at least one million annual removals of illegal aliens, ensuring immigrants come to the U.S. the right way.
- Hires thousands of Border Patrol and Immigrations and Customs Enforcement (ICE) personnel to carry out the mission.
- Implements commonsense policies to right-size federal programs and decrease spending.
- It saves $1.6 trillion over 10 years, the largest spending reduction in a generation.
- It changes Medicaid eligibility for certain non-citizen alien groups, protecting the program for the neediest Americans.
- It removes SNAP eligibility for illegal immigrants, ensuring Americans who need assistance the most receive it.
- It removes certain non-eligible aliens from receiving Medicare benefits.
- It enforces work requirements for able-bodied adults without dependents under the age of 14 who receive SNAP or Medicaid benefits, helping to lift them out of poverty. These work requirements will not affect vulnerable populations like pregnant women, seniors, those with disabilities, or those with young children at home.
Notable Johnson priorities included:
- Incorporates Johnson’s bill, the America Works Act of 2025, by strengthening work requirements for able-bodied adults without dependents receiving SNAP.
- Unleashes domestic mining of critical minerals, decreasing reliance on China.
- Provides $4.5 billion for the B-21 at the Ellsworth Air Force Base.
- Increases support for farmers facing higher costs for fuel, feed, and fertilizer due to record inflation.
- Makes long-term investments in conservation efforts that protect working lands without tying producers’ hands.
- Increases funding for trade programs so American-grown products reach more global markets.
- Prevents implementation of harmful Biden-era staffing standards for long-term care facilities.
- Prevents facilities that conduct abortions, like Planned Parenthood, from receiving federal Medicaid payments.
- Provides $50 billion investment in rural health care.
- Boosts defenses against foreign animal diseases that threaten our livestock and poultry industries, like New World Screwworm, Highly Pathogenic Avian Influenza, and African Swine Fever.
- Provides historic funding for the Air Traffic Control system, which is overdue for updates.
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Welcome (back) Dusty for Governor to advertiser’s row. Reserve your spot today for the 2026 elections!
The candidates for 2026 are starting to stake out their territory!
Please help me welcome back the Dusty Johnson for Governor campaign to advertiser’s row, joining the Re-Election campaign for Monae Johnson for Secretary of State this week as we move forward to the 2026 election cycle. Of course, they also join our long-time friends US Senator John Thune, United States Senator Mike Rounds, the South Dakota Teenage Republicans who are once again having camp later this month, and my own Dakota Campaign Store.
I have other campaigns talking inquiring about advertising, so it’s likely to be a full plate this election. If you’re thinking of running, spots on SDWC are first some first serve, so get that ad set in stone today!
I have a number of spots open, and questions on ad prices, ad positions, and ad commitments may be directed to the webmaster by clicking here. The #1 spot as well as the #2 position on the right, along with spots lower down on both sides of the page are all available.
Ads run in their position through the site, meaning they are not rotated. As noted, advertising is available on a first-come first-served basis, and discounts are provided for extended commitments. Ads may be swapped out at no charge during the ad commitment, just give me fair warning as sometimes I’m on the road, and I always want to accommodate.
Attorney General Jackley Discusses Law Enforcement Partnerships with FBI Director Kash Patel
Attorney General Jackley Discusses Law Enforcement Partnerships with FBI Director Kash Patel
PIERRE, S.D. – South Dakota Attorney General Marty Jackley discussed federal and state law enforcement partnerships last week with FBI Director Kash Patel.
“My meeting with Director Patel focused on strengthening South Dakota’s federal and state partnerships throughout the state, including Indian Country,” said Attorney General Jackley. “As a former U.S. Attorney and now Attorney General, I am committed to working with federal authorities to protect our communities and safeguard our children.”
Attorney General Jackley said the AG Office’s Division of Criminal Investigation (DCI) and South Dakota law enforcement have had a good working relationship with the FBI throughout the years.
When Attorney General Jackley was in Washington, D.C. last week, he met with the FBI Director and the White House.
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New congressional candidate: James Biolata will take down ‘Big Brother’ AND his little brother at the park!
Here we go. Time for another candidate.
But maybe a ‘not so ready for prime time’ one.
Today, unsuccessful Pennington County Commission & County Auditor candidate James Biolata has announced that he’s now going to run for congress:
I hate to point out in that bio he left out a couple of more recent episodes where he was in the news for…things..
..according to the witness, a man later identified as 47-year-old James Bialota of Piedmont tried to enter the store, beating on the glass door with a cane and shouting questions at the governor.
And..
Biolata was told by police several times that he needed to leave the premises or he would be arrested. When he did not, he was arrested. The witness told NewsCenter1 that it appeared that Biolata resisted and was tased or tackled. However the police spokesman later said the bodycam video makes clear that did not happen.
And the big candidate resume builder, where he shows he will take on anyone.. no matter what their age is:
James Bialota Jr. believes he was defending himself when he took down a 12-year-old boy on a Rapid City playground.
Thanks to two recent updates of South Dakota’s “stand your ground” laws, the 45-year-old was granted a pretrial “immunity hearing” to make his case. The hearings amount to a “trial before the trial” for those who make a self-defense claim.
and..
Bialota told police he “nudged” the boy’s hands down, swept his legs and stood over him. Some witnesses took a video of the incident and posted it to TikTok, capturing the profanity laced period between the takedown and police’s arrival.
The Rapid City playground where an altercation involving children and an adult male resulted in assault charges against the man, who claimed self-defense utilizing South Dakota’s “stand your ground” laws.
The video reportedly captured the father saying, in response to an inaudible statement from a witness, “I’d love to see that. I’m a combat veteran and I’ve killed.”
It does set him up for quite the slogan though – James will take down ‘Big Brother’ AND he guarantees to take down his little brother at the park too!
How can he lose an election running on that platform?
Attorney General Jackley Seeks Public’s Assistance in Investigation of Former Rapid City Gymnastics Coach
Attorney General Jackley Seeks Public’s Assistance in Investigation of Former Rapid City Gymnastics Coach
PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces the South Dakota Division of Criminal Investigation (DCI)’s Internet Crimes Against Children (ICAC) Task Force seeks the public’s assistance in the investigation of a former Rapid City Gymnastics Coach who faces federal Child Pornography charges.
Hayden Sengua, 25, has been indicted on multiple counts involving Receipt of Child Pornography and Possession of Child Pornography. Sengua worked at Just Jymnastics in Rapid City until May 2024, when his employment was terminated. He previously worked as a gymnastics coach in Oregon.
Sengua is alleged to have possessed images and videos of children in the Rapid City area whom he may have coached. The defendant is presumed innocent under the U.S. Constitution.
“We are asking members of the public, whose children have been coached by the defendant to contact us with any pertinent information,” said Attorney General Jackley. “We need to determine if any more local children may have been exploited and ensure they receive necessary care and attention.”
People with information about this case can contact the DCI at 605-394-2258.
The investigation is being conducted by the South Dakota Division of Criminal Investigation (DCI) – Internet Crimes Against Children Task Force and the Pennington County Sheriff’s Office.
The U.S. Attorney’s Release on the case can be found here:
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US Senator Mike Rounds’ Weekly Round[s] Up for JUNE 23 – JULY 1, 2025
US Senator Mike Rounds’ Weekly Round[s] Up
JUNE 23 – JULY 1, 2025
Welcome back to another Weekly Round[s] Up. The Senate worked through the weekend and Monday to pass our reconciliation bill which delivers on President Trump’s agenda. This bill contains many important provisions such as securing the border, lowering taxes and providing for our national security that will benefit American families. The most important piece for hard-working South Dakota families is the permanent extension of the 2017 Tax Cuts and Jobs Act. Without this extension, the average South Dakota household would have seen their taxes raise by around $2,400. After 24+ hours of nonstop voting on amendments, I’m pleased that this bill is across the finish line in the Senate to create a stronger America. It now goes back to the U.S. House where they will have the final vote before it becomes law. Read more about my week in my Weekly Round[s] Up:
Invitation to President Trump: This past week, I joined Rod Woodruff of the Sturgis Buffalo Chip to extend a formal invitation to President Trump to attend the Sturgis Motorcycle Rally this August. South Dakota is Trump Country and the Buffalo Chip is the gathering place for thousands of patriots each year during the Rally. I know he’d get a warm welcome from this crowd and enjoy all of the America First pride on display at the Sturgis Rally. Read more about this and the full letter here.
South Dakota groups I met with: South Dakota representatives from the American Foundation for Suicide Prevention; South Dakota members of Clean Fuels Alliance America; South Dakota members of the American Academy of Family Physicians; Sheila Gestring, President of the University of South Dakota; Shane and Kelli Penfield of Lemmon and Gary Chytka of Belle Fourche who were visiting DC this past week; South Dakota AARP; students from McCook Central FFA; and Sonja Seivert of Sioux Falls, National Youth Delegate at the Washington Youth Summit on Environment.
South Dakota towns represented: Aberdeen, Belle Fourche, Lemmon, Rapid City, Salem, Sioux Falls, Spearfish, Vermillion and Watertown.
Other meetings: Sean Plankey, nominee for the Director of the Cybersecurity and Infrastructure Security Agency; members of the Embassy of Rwanda in the United States; Prineha Narang, a quantum physicist who does work with the Department of Energy; Admiral Stephen “Web” Koehler, Commander of the United States Pacific Fleet; Robin Vince, CEO of BNY; Kirsten Davies, nominee to be Chief Information Officer at the Department of Defense; Cho Hyun-dong, South Korea’s Ambassador to the United States; John Byrnes, Director of Strategy at Concerned Veterans for America; and Phill Swagel, Director of the Congressional Budget Office.
I attended the signing ceremony for the peace agreement between Rwanda and the Democratic Republic of the Congo. These countries have been at war for decades and I want to congratulate President Trump, Secretary of State Marco Rubio and leadership from both nations on getting this deal done to establish lasting peace in the area. I spoke to a group of interns from across Capitol Hill about my work in the Senate. I also attended our weekly Senate Bible Study, where our verse of the week was 1 John 3:17, and our Senate Prayer Breakfast, where Senator Maggie Hassan of New Hampshire was our speaker.
Hearings: I attended six hearings this past week. In one hearing of the Appropriations committee, we discussed the President’s rescissions package with Director of the Office of Management and Budget Russ Vought. I asked Mr. Vought about protections for tribal radio funding, watch the clip here.
In addition, we had Chairman of the Federal Reserve Jerome Powell in front of the Senate Banking Committee this past week, which you can watch here. We had two hearings in the Senate Armed Services Committee to question nominees for the Department of Defense, which you can watch here and here. I also attended two hearings in the Select Committee on Intelligence.
Classified briefings: I attended one classified briefing on the United States’ strikes on Iranian nuclear facilities.
PASS Act provision: This past week, the U.S. House of Representatives passed H.R. 1713, the Agricultural Risk Review Act of 2025. This legislation included provisions of legislation I introduced titled the Promoting Agriculture Safeguards and Security (PASS) Act. The House legislation would require the Secretary of Agriculture to review all agriculture transactions reviewed by the Committee on Foreign Investments in the United States (CFIUS). It would also give the U.S. Department of Agriculture the ability to refer cases to CFIUS for review if there is reason to believe an agriculture land transaction may raise a national security concern. This will make it easier to flag any unusual activity by our foreign adversaries that could threaten the United States. Read more here.
Intern with us: Our office is currently accepting applications from college students to serve as interns during the fall 2025 semester. Positions are available in the Washington, D.C. office and the state offices in Pierre, Rapid City and Sioux Falls. Fall internships typically run from September to December, but dates can be tailored to specific schedules. Learn more about our internship program here.
Votes taken: 50 – Most were on procedural votes and amendments for the reconciliation package, with a few votes being for confirmations of administrators in the Defense, Commerce and Treasury Departments.
My staff in South Dakota visited: Fort Pierre, Hartford, Madison and Pierre.
Steps taken: 54,182 steps or 24.52 miles.
Passed the One Big Beautiful Bill Act: The reconciliation package that I voted for includes several important provisions for South Dakotans, see here for a comprehensive list of South Dakota priorities that passed. Toplines include:
- $3.3 billion for Border Security to fund Department of Defense personnel and logistics support to Department of Homeland Security to help carry border, immigration, and counterdrug enforcement.
- $25 billion for Golden Dome for America, a layered missile defense shield, to develop the space-based assets needed to support the system.
- Permanent continuation of the current tax rate for the average South Dakota household, avoiding a $2,400 increase per year.
- Permanent increased and enhanced child tax of $2,200 per child beginning in 2025.
- Lower taxes for seniors by providing a $6,000 bonus income exemption.
- No tax on tips for millions of tipped workers by creating a deduction of up to $25,000 for qualified tips.
- No tax on overtime for overtime premium payments of up to $12,500 for hourly workers.
- Establishes savings accounts for newborns and children up to age 18, building financial security for the next generation.
- Makes the 20 percent small business deduction permanent.
- Prevents Medicaid payments for beneficiaries who have died, are enrolled in multiple states or do not qualify for the program.
- Ends Medicaid financing gimmicks that increased federal spending.
- Supports rural hospitals in South Dakota by providing $50 billion for the Rural Hospital Relief Fund.
- Supports nursing homes by eliminating burdensome Biden-era staffing mandates that threatened to close facilities.
- Invests in USDA’s premier animal health programs that defend against livestock disease outbreaks and mitigates threats like New World Screwworm, Highly Pathogenic Avian Influenza and African Swine Fever.
- $4.5 billion for expansion of production capacity of B-21 long-range bomber aircraft, including tooling and expansion of supplier base and purchase of aircraft only available through the expansion of production capacity.
- $100 million for Impact Aid to local educational agencies.
- $100 million for Defense Community Infrastructure Program to support infrastructure needs like Douglas School District.
Video of the week: I joined KOTA TV to discuss my invitation to President Trump to attend the Sturgis rally:
Doeden supporters seem to be claiming they can hand out county GOP chairmanship.
Remember when the South Dakota Republican Party had bylaws they claimed to follow with regards to forming a county GOP organization? Apparently, that’s out the window, as one Toby Doeden supporter claims that if you stop at the Doeden meeting in Pine Ridge tonight, you might become the next county GOP Chairman:
Yeah.