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Deepfakes bill clears state Senate, loses impact on 2024 primary – South Dakota Searchlight

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Deepfakes bill clears state Senate, loses impact on 2024 primary – South Dakota Searchlight


A bill to bar the dissemination of unlabeled “deepfakes” within 90 days of an election cleared the state Senate on Tuesday, but not before lawmakers stripped it of an emergency clause that would have changed the law in time for the 2024 primary.

Deepfakes is the blanket term attached to photos, audio and video manipulated digitally to resemble or sound like a real person, and they’ve already been used to target voters in the U.S. presidential election. In last month’s primary election in New Hampshire, voters heard robocalls from a voice purporting to be President Joe Biden that urged them to “save their vote” for the general election.

Sen. Liz Larson, D-Sioux Falls, is the prime sponsor of Senate Bill 96, which she calls a “light touch” regulation. Twenty-seven states have or are trying to enact outright bans or create regulations around deepfakes, but Larson said South Dakota should take a careful approach that creates accountability without overreaching.

There may be a need for more serious regulation as the technology evolves, she said, but deepfakes are already convincing enough to be used against any candidate.

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“There are currently no laws on our books to prevent anyone from doing this,” Larson said.

Larson played a phony audio clip made to sound like former President Donald Trump during the bill’s committee hearing last week.

SB 96 would make it a class 1 misdemeanor, punishable by up to a year in jail, to create and release a video, photo or audio manipulated by digital means to resemble a real person “with the intent to injure a candidate or influence the result of an election” unless it is labeled as fake.

It would also empower the attorney general or targeted candidate to “seek injunctive or other equitable relief prohibiting the dissemination of the deepfake,” and allow the state Board of Elections to issue fines for breaking the law. 

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Those caught creating and releasing election-related deepfakes not labeled as such more than once in five years could be fined up to $10,000 by the board, and those who do so with the intent to cause violence could be fined up to $5,000. In all other cases, the board could issue a $1,000 fine.

As debate on the bill commenced, Larson asked for and received support from her fellow senators to amend the bill with exemptions for media organizations that unknowingly publish or broadcast deepfakes in electoral ads. There are also exemptions for satire or parody.

Those clauses were an issue for Sen. David Wheeler, R-Huron. Satire is subjective, he said, and he also didn’t like the idea that he could “pay a buddy $5” to post a deepfake to a blog and avoid punishment.

“As long as you pay someone to publish it, it’s OK,” Wheeler said of the amendment.

Sen. Liz Larson, D-Sioux Falls, listens to testimony during a state Senate Education Committee meeting on Jan. 16, 2024. (Makenzie Huber/South Dakota Searchlight)
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Sen. John Wiik, R-Big Stone City, argued that it’s too soon to regulate such a new technology. 

“This is a new thing. And when we’re entering into new territory, our gut instinct is ‘we need a law,’” Wiik said.

He also objected to handing the Board of Elections the power to fine people – something it’s never had, Wiik said.

The majority of senators disagreed with Wheeler and Wiik, though. They voted to back the bill 21-11, not enough to get the two-thirds majority required to make the bill law immediately with the governor’s signature. It was enough, however, for Lt. Gov. Larry Rhoden to invoke Joint Rule 513, which allows a bill that misses the two-thirds mark but gets majority support to be immediately reconsidered without an emergency clause. 

After an amendment removing the clause was moved and seconded, SB 96 passed on a 22-10 vote. Sen. Julie Frye-Mueller, R-Rapid City, switched her vote after the amendment.

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Larson’s bill now moves to a House of Representatives committee. If it passes that chamber and is signed by the governor, it will take effect July 1, after the June primary election and before the November general election.

Another bill on deepfakes, SB 107, has yet to see a committee hearing. That bill, from Rapid City Republican Sen. David Johnson, is a companion bill to SB 96. It would go beyond elections to punish those who create deepfakes of any person “with the intent to defame, exploit, harass, intimidate, or sabotage the person.”

 

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South Dakota

South Dakota DCI releases details on vehicle death in Wagner, SD

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South Dakota DCI releases details on vehicle death in Wagner, SD


WAGNER, S.D. (Dakota News Now) – The South Dakota Division of Criminal Investigation has released details on a homicide that happened on January 10 in Wagner, SD.

A Wagner man has been arrested in connection with a fatal vehicle incident that occurred Saturday night near Wagner, according to SD Attorney General Marty Jackley and Charles Mix County State’s Attorney Steve Cotton.

Darian Wright, 32, of Wagner, has been charged with Vehicular Manslaughter, Driving Under the Influence, and Leaving the Scene of an Accident, with additional charges possible.

Dana Frederick, 29, of Wagner, was found deceased at a residence after a vehicle crash south of Wagner earlier that evening.

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The vehicle was allegedly driven by Wright, who, along with a young child, sustained minor injuries in the incident.

The incident remains under investigation by the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, and the Wagner Police Department.

Wright is presumed innocent under the U.S. Constitution until proven guilty.

There is no additional threat to the public.

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SD Lottery Powerball, Lucky For Life winning numbers for Jan. 12, 2026

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The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 12, 2026, results for each game:

Winning Powerball numbers from Jan. 12 drawing

05-27-45-56-59, Powerball: 04, Power Play: 2

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Jan. 12 drawing

21-23-24-28-39, Lucky Ball: 01

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Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Jan. 12 drawing

09-20-25-30-51, Star Ball: 10, ASB: 02

Check Lotto America payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.



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Hot topics aplenty on South Dakota’s 2026 legislative session agenda

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Hot topics aplenty on South Dakota’s 2026 legislative session agenda


With a slate of hot-button policy issues on the table and limited funding to work with, state Sen. Jim Mehlhaff of Pierre said it is difficult to predict how the 2026 legislative session will play out in the Capitol this year.

“A legislative session is just like the rest of my life — it usually goes just the way I didn’t plan,” the Republican Senate majority leader said of the roughly two-month session that convenes Tuesday, Jan. 13. “Maybe we can have respectful discussions and find good compromises, but it could also become a rodeo-and-a-half, too.”

All joking aside, South Dakota lawmakers are expected to tackle a roster of topics that could have long-lasting impact on the state and its roughly 925,000 residents.

Mehlhaff said that in addition to the annual battle over how to spend state money, legislators are also sure to dive headlong this session into property tax reform and legislation regarding data centers.

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Rep. Mike Derby, a Republican from Rapid City, said other major policy issues on the 2026 agenda include efforts to change the state’s electoral process, possible regulation of tax increment financing districts and refining how economic development tools are used in the state.

Hovering over any policy debates, however, will be the difficult task of developing and passing an annual state spending plan following a year when overall tax revenues fell by 1.4%. In response, Republican Gov. Larry Rhoden has proposed no funding increases for schools, state employees and government-funded health programs.

“That’s what we’re going to spend all session talking about,” said Derby, who will lead budget discussions as chairman of the Joint Appropriations Committee. “We have a long list of ideas people want to discuss.”

Passing a spending plan for the upcoming fiscal year is the Legislature’s only required action each year. After several years of receiving a total of roughly $1.3 billion in federal funds related to the COVID-19 pandemic, lawmakers are back into what Derby describes as budget “normalization” mode.

In his budget address in December, Rhoden proposed a lean budget but did include $14 million in discretionary funds lawmakers could possibly use to advance one-time local, regional or statewide projects.

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Gov. Larry Rhoden announces a plan to loan the Sioux Falls Regional Airport Authority $15 million to help pay for a $107 million expansion pending legislative approval on Friday, Oct. 24, 2025.

Patrick Lalley / Sioux Falls Live

Derby noted that the governor’s budget recommendation is subject to review and alteration. For instance, some lawmakers might try to use the discretionary money to give one-time bumps to state employees, schools and Medicaid providers, he said.

Other ideas that could rise up during budget negotiations include funding of airport expansions, finding ways to tap into funds from unclaimed property and using money Rhoden targeted toward boosting state reserves to fund new or ongoing projects instead.

Lawmakers tried and failed in 2025 to reform the property tax system, which largely funds local schools and county governments.

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The push to reform the property tax system comes as many South Dakota homeowners have seen sharp increases in property valuations that have correspondingly caused their tax bills to jump. Most state government operations are funded through the state sales and use taxes.

A summer task force made 19 recommendations on how to reduce the burden on homeowners, and those ideas are still on the table.

Rhoden has offered a plan to allow counties to vote in a local sales tax to offset a reduction in property taxes, and gubernatorial candidate U.S. Rep. Dusty Johnson has floated a plan to give homeowners a $400 annual property tax credit.

South Dakota's Capitol building. Matt Gade / Republic
South Dakota’s Capitol building.

Mitchell Republic file photo

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Mehlhaff told News Watch he will offer a plan this session to increase the statewide sales tax by 2% and use that money to remove the burden of funding schools from local taxpayers.

Pros and cons of data centers

The decision on whether to allow construction of data centers that use extensive electricity and water to store huge amounts of computer data is perhaps the hottest topic in South Dakota right now.

The issue

drew a large crowd and high emotions

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at Tuesday’s Sioux Falls City Council meeting.

“There’s going to be a robust debate about whether we should incentive data centers to come to South Dakota or put up barriers to them,” Mehlhaff said.

A bill

has already been filed to provide tax exemptions for data centers in an attempt to encourage their development in the state.

Mehlhaff, who is a co-sponsor of that bill, said he would rather see data centers built in the United States, including South Dakota, instead of in foreign countries such as China.

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Democrats to push prison reform

The recent large expenditures related to building new prisons for men and women in South Dakota will translate into efforts in the upcoming session to reform elements of the state judicial system and current criminal sentencing laws, said Rep. Erin Healy, a Sioux Falls Democrat who is the House minority leader.

In the past two years, lawmakers have approved construction of a $650 million men’s prison for a site in eastern Sioux Falls and an $87 million women’s prison now being built in Rapid City.

Erin Healy.png

Rep. Erin Healy, D-Sioux Falls
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Healy said she expects to see legislation filed to keep low-level offenders out of prison and to provide better prison programs to reduce recidivism.

“I think people are realizing that incarcerating people is a very expensive endeavor and that if we take care of people after arrest or before re-entry (into society) that we can avoid some of those costs,” Healy said. “We can help people before they enter the system because it costs us less money but also because it’s the right thing to do.”

Healy expects to file a bill to provide some criminal immunity from drug charges to anyone who witnesses someone else suffering an overdose.

Amid a tight budget year, Democrats will be looking for new revenue streams in 2026 to counter the funding freezes Gov. Rhoden has proposed for schools, state employees and Medicaid-funded health programs, Healy said.

She also said the rhetoric in the Capitol might be heightened due to the upcoming 2026 gubernatorial election as candidates and their supporters seek to drive home messaging they believe will resonate with voters.

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Rhoden, one of those candidates, faces primary challengers from within and outside of the state Legislature.

“There are going to be some interesting developments and potentially we’re going to see some new priorities coming out from different camps aligned with gubernatorial candidates,” Healy said.

— This story originally published on southdakotanewswatch.org.





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