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Attorney General Marty Jackley

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Attorney General Bill on Fentanyl Testing Signed Into Law by Governor Noem

FOR IMMEDIATE RELEASE: Monday, Feb. 5, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has announced that the first of the five legislative bills introduced this session by the South Dakota Attorney General’s Office has now been signed into law by Governor Kristi Noem.

Senate Bill 24 would increase the maximum user fee for a participant voluntarily agreeing to wear a drug patch under the 24/7 sobriety program. The new patches cost more than the current fee of $50 due to the increased cost of fentanyl testing. This proposal would raise the fee to no more than $70 for each drug patch that is attached, to be paid for by the participant. The bill had previously passed both the Senate and House.

“The increase in the user fee is to cover the increased cost of fentanyl testing,” said Attorney General Jackley. “In 2023, more than 10 pounds of fentanyl was seized in South Dakota resulting in 284 arrests. Testing of fentanyl will better protect the public, and the increased fee will be paid by the participants, not the taxpayers.”            

The other four office bills also have now passed both chambers and are awaiting possible signature by the Governor. They are:

*** House Bill 1028 which would classify Xylazine as a Schedule III controlled substance. The bill is sponsored by the Attorney General’s Office and the state Department of Health.

*** Senate Bill 26 which would clarify the membership of the five-member Open Meeting Commission to include Deputy State’s Attorneys as well.

*** Senate Bill 27 which would fix a statutory conflict concerning removal from the sex offender registry.

*** Senate Bill 79 which would revise various levels of child pornography crimes and includes the Attorney General’s Office’s Senate Bill 25 which would make Artificial Intelligence-generated child pornography a crime. The legislation, which is a combination of other bills on the same issue, was introduced by Sen. David Wheeler of Huron and Rep. Fred Deutsch of Florence with the involvement of the Attorney General’s Office.

“We thank the Governor for signing our first bill into law and we would ask for her continued support on the rest of our bills,” said Attorney General Jackley. “We also want to thank the legislators for their bi-partisan support for our legislative package.”