Controlled Substances in Penitentiary, Protection of Youth From Illegal Substances, AI Adult Pornographic Images Part of Attorney General Jackley’s Legislative Package

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces three issues that his office has worked on throughout 2025 — controlled substances in the state penitentiary, protection of youth from illegal substances, and Artificial Intelligence-generated pornographic images, are centerpieces of his legislative bill package that will be introduced in the 2026 South Dakota Legislature.

“These issues require stronger legislative action, and it is my duty as Attorney General to bring these bills to the Legislature for its consideration,” said Attorney General Jackley.

The proposed bills would:

1) Controlled Substances Within the Penitentiary

Revise provisions related to possession and ingestion of controlled substances within the penitentiary system.

The Attorney General’s Office this year investigated eight prison inmate drug overdose deaths and has filed charges in three of the cases. Attorney General Jackley said controlled substances coming into the penitentiary continue to be a problem that must be addressed.

“We need tougher laws to stop the use and delivery of controlled substances into our penitentiary system,” said Attorney General Jackley. “Strengthening our laws will enhance the deterrent effect and better protect both correctional officers and inmates.”

2) Protecting Minors, Young Adults from Illegal Substances

Revise provisions regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of twenty-one.

Attorney General Jackley announced in September charges had been filed against five vape shop owners for the sale of illegal products.

“Our investigations discovered dangerous substances that need age restrictions to better protect our minors and young adults, much like we do with tobacco and alcohol,” said Attorney General Jackley.

3) AI Generated Pornographic Images

Revise a provision related to criminal invasion of privacy, prohibit the creation and distribution of digitally fabricated pornographic material of a non-consenting individual.

“In 2024, my legislation that dealt with AI-generated pornographic images involving minors was approved by the Legislature and signed by the Governor,” said Attorney General Jackley. “Recent investigations have shown the need to further protect non-consenting adults falling victim to similar AI generated pornography.”

Attorney General Jackley plans to introduce a total of 10 bills during this session which starts Jan. 13, 2026. Announcements on additional bills will be made as the bills are filed.

Once filed, the Attorney General’s bills can be found here:

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With education quickly rising to the top as an issue of concern this next legislative session after a zero-funding increase announcement in the Governor’s budget address, it’s interesting to note that the person who had been on staff dedicated to the issue of education has departed for greener pastures.

As noted to me by a lobbyist this AM, Sarah Hitchcock, who had been noted on the website as his education staffer…

..is no longer on the Governor’s staff website, and her “focus on education” bio line has now been added to the expanding list of policy advisor duties for the Governor’s Chief of Staff, Mackenzie Decker:

It does appear that Hitchcock is continuing her work in government affairs, and is now serving as the Education Freedom Campaign Director for the AFPI, the American First Policy Institute:

You can see the bio for yourself here.

Obviously, it’s not anything earth shattering by any means. But it’s a new element of the story for the administration which will be going into a legislative session where education may be the biggest hot-button issue that they face in light of the zero-funding increase proposal for K-12 students.

A facebook post that impacts one of the more highly visible 2026 statewide political races seems to have quietly slipped by without notice.  Fitness center owner Heather Baxter of Rapid City, currently a state representative of District 34, had announced back in September that she would be running for Secretary of State.  But now, it looks like that it’s not the only office she’s running for.

Baxter, who had carried legislation for election conspiracy group SD Canvassing in 2025, and promises to continue to do so has been widely viewed as the special interest group’s choice in the next election after current Secretary of State Monae Johnson worked with the South Dakota legislature on election security reforms, and would not accede to the group’s demands on election equipment, many of which would run afoul of federal law. But in a facebook post from Baxter that is now just being noticed – it sounds like Baxter might not be quite “all in” on running for Secretary of State.

Because she’s announced that she’s also going to be running to retain her current legislative seat at the same time she’s running for statewide office:

If this is the case, why isn’t she also running to be Rapid City Mayor, fighting for a place on the school board and throwing in for a water or conservation district for good measure?  Double-dipping on running for 2 offices has caused some controversy in past conventions, but this seems to be the most extreme example to date with this announcement coming 6 months before the convention race, and before legislative petitioning begins.

I suspect this is not the last we’re going to hear about this.

After mostly taking Christmas off to enjoy the family, I’m doing a brief scan of candidate filings, and there are a few new ones popping up, as well as seasoned veterans staking out their claims as we inch towards petition circulation starting on Thursday, January 1.

• Republican State Senator Glen Vilhauer of District 5 has announced his Re-election campaign, as you see below.
• Republican Danny Brown of Madison has filed a statement of organization for District 8 House.
• Democrat Jeff Shelton of Rapid City has filed a statement of organization to run for District 32 Senate.

And I know there are many more to come, including those who have told me they’re in, but want to announce in their own time.

Are Democrats going to run someone with experience or public standing for Governor? We’ll see.  There are a lot of candidates to come.

Stay tuned and keep watching dakotawarcollege.com!

Vilhauer Announces Plans for Senate Reelection

Current District 5 Senator, Glen Vilhauer, has announced his plans to seek reelection to that position. Vilhauer was elected in November of 2024 and serves on the Senate and Joint Appropriations Committee. Says Vilhauer, “It’s been an honor to represent the citizens of this District and I look forward to continuing that commitment.” The 2025 legislative session was the first for Vilhauer and he cites the following among his efforts this past year.

• Fighting for public education and the State’s Technical Colleges, including Watertown’s Lake Area Technical College.
• Supporting our military and state and national defenses as it relates to the South Dakota National Guard.
• Working to keep State oversight out of City, County and School decision making.
• Striving to enhance economic opportunities in rural communities across the State.

His long history of public service includes 10 years in the SD Army National Guard, 9 years on the Prairie Lakes Healthcare System board of directors, 8 years on the Watertown City Council, 4 years on the SD Retirement System board of trustees and numerous other state and local boards.

Vilhauer is a retired Certified Public Accountant. He and his wife, Darla, have lived in Watertown for 45 years. They have 4 children and 6 grandchildren.

District 5 includes the City of Watertown and the 4 surrounding townships.

Early voting begins April 17^th with the primary election being held on June 2^nd.

“With the experience I am gaining in Pierre, l can continue to be a strong, effective advocate for District 5,” says Vilhauer.

Flags at Half-Staff at State Capitol in Honor of Orv Smidt

PIERRE, S.D. – Today, Governor Larry Rhoden ordered that flags be flown at half-staff at the State Capitol from sunrise until sunset on Saturday, December 27, 2025, in honor of former state legislator Orville (Orv) Smidt. He served in the South Dakota State House of Representatives from 1999 to 2005, and he served in the South Dakota State Senate from 2005 to 2009.

A funeral service will be held at 1:00 pm CT on Saturday, December 27, 2025, at GracePoint Wesleyan Church in Brookings, SD.

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Sad news from here in Brookings. Former Republican State Representative & State Senator Orv Smidt passed away yesterday at home in Brookings.

Serving from 1997-2004 in the House and from 2005 – 2008 in the House, Smidt was chair of the Legislative Research Council’s Executive Board during the 2003-2004 term of the legislature.   A Funeral Service will be held at 1:00 pm on Saturday, December 27, 2025, at GracePoint Wesleyan Church in Brookings. A Visitation will be held the night prior from 5:00 pm to 7:00 pm on Friday, December 26, 2025, at Eidsness Funeral Home in Brookings.

The full obituary will be available here at the funeral home’s website.

Please keep his family in your prayers in their time of loss.

Senator Mike Rounds’ WEEKLY ROUND[S] UP:
December 15-21, 2025

Welcome back to another Weekly Round[s] Up. The Senate remained full speed ahead this past week to finish up a few items before the end of the year. To cap off a historic year in the Senate, we confirmed 97 of President Trump’s nominees to positions within the executive branch. This brings our total for nominees confirmed in 2025 to 417, outpacing confirmations during President Biden’s term and even President Trump’s first term. We also passed the 2026 National Defense Authorization Act on Wednesday, and on Thursday I had the opportunity to go to the White House and watch President Trump sign this legislation into law. I’m now back home in South Dakota to celebrate Christmas with my family. More on the rest of my week in my Weekly Round[s] Up: 

South Dakota groups I visited with: Brad Wiemann, Interim CEO and Matt Kurtenbach, VP of Manufacturing at Daktronics, both of Brookings.

Other meetings: General Ingo Gerhartz, Allied Joint Forces Command Brunssum Commander, North Atlantic Treaty Organization (NATO); Kevin Hassett, Director of the National Economic Council; the Board of Directors of the Bank Policy Institute; James Braid, Director, White House Office of Legislative Affairs; Mike Tuffin, CEO, America’s Health Insurance Plans; phone call with Rob Nichols, CEO of American Bankers Association; and Dario Gill, Under Secretary for Science, U.S. Department of Energy.

In addition, on Thursday night, I was invited to the White House for the official NDAA signing after it passed the Senate on Wednesday.

Briefings: I attended five briefings this past week: one classified briefing from Secretary Rubio and Secretary Hegseth, one Central Intelligence Agency briefing, two Senate Select Committee on Intelligence closed briefings and one Senate Armed Services Committee briefing.

Hearing: This past week I attended a hearing with the Senate Committee on Indian Affairs.

Senate Bible Study and Prayer Breakfast: On Tuesday, I hosted our weekly Senate Bible Study and on Wednesday I attended our Senate Prayer Breakfast where we sang Christmas carols with former Senator Debbie Stabenow accompanying on piano.

President Trump officially signed the Wounded Knee Massacre Memorial and Sacred Site Act into law this past week. The land at this symbolic and sacred site will now be held in possession of both the Oglala Sioux and Cheyenne River Sioux tribes to be preserved for future generations. Read more about it here. 

Votes taken: 25 – This past week I voted on multiple nominees including a batch of 97 of President Trump’s nominees. As I mentioned, we also passed the 2026 National Defense Authorization Act. This year’s NDAA authorizes funding for construction projects at Ellsworth Air Force Base and funding for a facility for the Watertown Army National Guard. It also authorizes a 3.8 percent pay raise for troops and has a total topline of $900.6 billion in defense spending. This keeps our military ahead of the curve, making certain they never enter a fair fight and always have the advantage over our adversaries. Read more about South Dakota NDAA wins here.

Steps taken: 61,332 steps or 28.72 miles.

Photo of the Week: I was pleased to be invited in the Oval Office with President Trump as he signed the National Defense Authorization Act into law.

 

Why I Believe in Educational Choice — and Strong Public Schools
by Fred Deutsch

I believe parents should have the freedom to choose the educational path that is right for their children — whether that means enrolling in any public school district, choosing a private school, or homeschooling. These are rights parents already have under South Dakota law, and they reflect a simple truth: parents know their children better than any government system ever will.

Educational decisions should begin with families, guided by their values, their child’s needs, and what they believe will best prepare their children for the future.

I also support Governor Rhoden opting South Dakota into the new federal education choice program. Under this program, any taxpayer can receive a federal tax credit — a direct reduction of their federal tax liability — for contributions made to organizations that provide educational scholarships. Those scholarships can then be used by families for a variety of educational purposes, including alternative schools, supplemental instruction, and other educational supports.

What I do not support is using state tax dollars to pay for private education or homeschooling. I oppose that no more than I would support using state highway dollars to build or maintain a driveway on private land. State education dollars should remain focused on maintaining and improving the public education system that serves the vast majority of South Dakota children.

It is also true that public school test scores are stagnating or declining — and in many cases, the results are unacceptable. That has to change. Our public schools must do better at reaching more children and preparing them for life after graduation.

One shift I believe would help is moving toward a system that advances students based on mastery, not just seat time. Children should move forward when they demonstrate they understand the material, not simply because the calendar says the school year has ended. Likewise, students should advance to the next grade when they have mastered the subject matter, not simply because they occupied a desk for nine months. A mastery-based approach better serves students with different learning styles and prepares them more effectively for college, technical training, or the workforce.

But schools cannot fix everything on their own. Society — you and I — have to do better too. As social problems increase around us, we cannot expect teachers to also serve as full-time social workers while managing growing behavioral challenges in the classroom. At the same time, courts and juvenile services are often under-resourced and unable to provide the level of intervention and support that struggling children truly need. Education reform must be paired with stronger families, better support systems, and accountability across government.

Parents choose homeschooling or private schools for many reasons. Some want a religious education. Others want a smaller or more structured learning environment, or want to avoid persistent behavioral disruptions that interfere with learning. My wife and I made that decision ourselves — we sent our four children to Immaculate Conception School for grades K–6 because we wanted them educated in a faith-based environment that reinforced the values we were teaching at home.

Homeschooling has grown significantly in South Dakota in recent years. Since the 2015–16 school year, homeschool enrollment has increased by approximately 143 percent, rising from just over 4,300 students to more than 10,500 today. Even with that growth, homeschool students still make up only about 6.5 percent of all K–12 students in the state. Private school students account for roughly 8 to 9 percent, while more than 80 percent of South Dakota students continue to be educated in public schools.

Those numbers matter. They remind us that while parental choice is important and should be respected, public education remains the backbone of opportunity for most South Dakota families.

The goal should not be to weaken public schools, but to strengthen them. That means raising standards, supporting teachers, partnering honestly with parents, and reforming outdated systems so every child has the opportunity to succeed — regardless of zip code, income level, or learning style.

Education policy should reflect both freedom and responsibility: freedom for parents to choose what is best for their children, and responsibility on the part of the state to ensure our public schools are strong, effective, and focused on student success. That balance — not ideology — is what will best serve South Dakota’s children and communities for generations to come.

Had a note from State Representative Kent Roe of District 4, which may be hosting one of South Dakota’s Data Centers if the project as planned goes through:

I’ve been working with stakeholders since April on this. I believe this is the 35th draft. That’s one per week since session ended. I’ve had input from all corners including:

• • Deuel County Commissioners, Scandinavia Township, Deuel County Zoning
  • The administration through GOED, The the Departments of Revenue and Ed
  • Energy companies including Basin, East River, Otter Tail, local electric coops
  • Industry including Meta, Google, Applied Digital, Net Choice
  • Other leaders in the House and Senate.

And a big thanks to Sen Crabtree for his help!

It’s time to join the 40+other states benefiting from data centers. It’s a diversification of our economy. We have the people, we have the energy, and we have the will power. It’s time to join the rest of the US in our pursuit of national security and technological superiority.

This bill will create an enduring tax policy that brings reliability and permanence.

Data Center Operations measure by Rep. Kent Roe by Pat Powers

Should South Dakota provide a tax break on the equipment and software that such operations would bring in in exchange for bringing the operation in, certifying that the electric service provided avoids the shifting of costs to other customers of the electric utility, and that the site can handle the water demands?

Not seeing a lot of downsides for the jobs and other income that would come in with it.

What do you think?