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South Dakota lawmakers kill effort to criminalize passive exposure of drugs to law enforcement

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South Dakota lawmakers kill effort to criminalize passive exposure of drugs to law enforcement


PIERRE — By one vote, a Senate committee killed a bill Thursday that would have made it a felony to unintentionally expose law enforcement to controlled substances such as fentanyl. 

Senators in their discussion about HB 1025 agreed they weren’t scientists but disagreed whether basic exposure, such as touching or inhaling small particles of the substance, could trigger an overdose-like reaction. 

“There’s a difference between exposure and use and dosage,” said Sen. David Wheeler, R-Huron, noting a 2017 medical report found it nearly impossible to overdose on fentanyl by simply touching it. “The medical experts indicated that these are more likely to be panic attacks.”

Rep. Ben Krohmer, R-Mitchell, who sponsored the bill, presented body camera footage of incidents where it was believed that law enforcement responding to a drug call had suffered an overdose-like reaction when exposed to fentanyl, similar to what he presented in the House of Representatives.

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However, in those incidents, a follow-up toxicology report was not administered to confirm that the officer had overdosed. 

More: Fact check: Experts say passive exposure to fentanyl impossible

The Argus Leader found in a fact-check that it’s almost impossible for a law enforcement officer to overdose after simple passive exposure to fentanyl.

“There has never ever, ever, ever, ever, ever been a confirmed case of an officer just encountering fentanyl in the field and overdosing,” Brandon Del Pozo, an assistant professor of medicine at Brown University, told the Argus Leader.

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Del Pozo, a 23-year law enforcement veteran who studies addiction, has been combating the myth of passive exposure since 2021.

Krohmer, in his rebuttal, said if senators read further in the 2017 report they would have seen a recommendation that people in the research lab working with fentanyl should have access to an N-95 mask and Narcan.

“You have to ask yourself why would you need to wear an N-95 mask and have Narcan readily available for something that isn’t harmful,” Krohmer said. 

Narcan, also known as naloxone, is a drug known to help stop a fentanyl overdose. It’s not harmful to a person who is not suffering from a fentanyl overdose.  

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Sen. Helene Duhamel, R-Rapid City, said she had spoken with several law enforcement officers who said they had not seen a single documented case in the state or the nation where an officer had overdosed from a passive exposure.

“Nobody could say with certainty that there was,” she said. “Because even if there was one case, I think legislators would certainly support this. But until we have documented that there’s a problem, we’d hate to shoot out in front and suggest that there is a problem. We have to wait and see.”

HB 1025 was killed with a 4-3 vote.



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South Dakota

First-of-its-kind meat processing facility strengthening community

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First-of-its-kind meat processing facility strengthening community


RAPID CITY, S.D. (KOTA) – A first-of-its-kind meat processing facility is hosting its grand opening Saturday, July 27. But it’s more than building, it’s about sovereignty, sustainability, and uplifting the community.

NDN Collective alongside Wambli Ska Okolakiciye, Tanka Fund, and Makoce Agriculture Development will host a grand opening Saturday to celebrate the first-ever Native privately owned processing plant in the area. The event will feature a dunk tank, meet and greets, and a tour of the facility. But organizers want everyone to know this is more than just your average meat processing plant.

“Everything that’s involved with the meat facility from cutting to logistics to packaging all of it. So there’s going to be internships and availability for the youth to be able to work and develop careers out of it. Then there’s also the harvest part of it which we will be going out to our ranchers. So this is a whole circular collective that we’re doing from our land all the way to the plate,” Tanks Fund Executive Director Dawn Sherman said.

The project took a great deal of planning and organizers say the feedback they received within their community made it worth the effort.

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“We’ve heard different words. ‘This is needed. This was wanted. We’re hungry. It’s about time that we came in and took control of our own food systems’ and this was one of that. Those were some of the words that we heard, it’s not only the community but it’s our culture too,” Sherman said.

Saturday’s ceremony will also feature Hangry Buffalo food truck which will serve tacos using the meat gathered and processed at the plant. If you are interested in attending tomorrow’s grand opening be sure to visit 1475 Valley Drive in Rapid City from 1 to 5 p.m. or click here for more information.

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Smoke and Haze Returns Tomorrow to KOTA Territory. Hot Again Next Week

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Smoke and Haze Returns Tomorrow to KOTA Territory. Hot Again Next Week


RAPID CITY, S.D. (KOTA) –

Overnight, temperatures make it into the 60s in Rapid City, so thankfully we will only be mild rather than warm. We got a break from the dense smoke across the area today but that is going to be returning as we head into the weekend. Our smoke futurecast is starting to show dense smoke taking over portions of KOTA Territory as we head into the weekend. Tomorrow, hazy conditions settle in once again and another hot day is in store. It will be the perfect opportunity to head out to the pool. There is a chance for some of those thunderstorms tomorrow afternoon so make sure to remember, when thunder roars, go indoors. Futurecast is showing that we are seeing some storms firing up throughout the afternoon tomorrow with the possibility of those in and around the Black Hills. Some more storms become possible with a little more coverage on Sunday. Monday, we start to dry out with sunny skies returning. There is a level 1 out of 5 risk for some severe weather for tomorrow and we see that over a majority of western South Dakota. That sticks around for the day on Sunday. Overnight, temperatures make it into the 50s and 60s across the region. Mostly cloudy skies settle in. Enjoy your last night without the smoke and haze. Tomorrow, that smoke returns to KOTA Territory and it will also be paired with hot temperatures once again. Mid to upper 90s around the Black Hills with a few folks on the Plains reaching and surpassing the century mark. The next three days in NE Wyoming and the Northern Hills show that we are starting to see the heat for the start of the weekend and then thunderstorm chances increase on Sunday. Rapid City sees the best chance for those storms on Sunday with the haze likely sticking around all weekend long. That haze and smoke will likely stick around next week, reducing the air quality around the area. We also get hot once again with triple digits returning to the forecast by Tuesday of next week. The extended forecast is showing that high pressure is going to settle in and continue our heated pattern, likely into the Sturgis Rally.

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Gov. Noem requests presidential disaster declaration for June flooding in South Dakota

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Gov. Noem requests presidential disaster declaration for June flooding in South Dakota


Gov. Kristi Noem formally requested Friday a major disaster declaration from the Biden administration for 25 counties due to the severe flooding that occurred in eastern South Dakota between June 16 and July 8.

Noem signed an executive order declaring a disaster exists in the following South Dakota counties: Aurora, Bennett, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hand, Hanson, Hutchinson, Jackson, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Tripp, Turner, Union, and Yankton.

According to the National Weather Service, the rain event that created this flooding was a 1,000-year event.

“Today, we are submitting our request for a presidential disaster declaration to address the damage from a historic 1,000-year flood that impacted South Dakota,” Noem wrote in a Friday press release. “We have been working with families, local governments and officials, and FEMA for weeks to assess the damage. I am so proud of what South Dakotans have been able to do to start piecing our communities back together.”

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A presidential disaster declaration provides a wide range of federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work.

The recent flooding inundated communities and damaged infrastructure across eastern South Dakota. The McCook Lake community in North Sioux City was hit by floodwaters diverted from the Big Sioux River on July 23, destroying about 30 homes and eroding roads.

A BNSF railroad bridge used to transport goods over the South Dakota-Iowa border in North Sioux City also collapsed July 23 due to the flooding.

Some parts of Canton also received more than a foot of rain between June 20 and June 22, almost exactly a decade after the 2014 flood that struck the area.

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One person died as a result of the flooding. The state Department of Public Safety confirmed the death involved 87-year-old Merlyn Rennich, of Harrisburg, who crashed a UTV on a closed road near Lake Alvin, 5 miles east of Harrisburg. The road was damaged by the floodwaters, and the man died after reversing into the road’s washed-out shoulder while attempting to turn around.

More: DPS confirms fatal crash near Lake Alvin was flood-related

The release from Noem’s Office states that teams from the Office of Emergency Management and the Federal Emergency Management Agency have been on the ground conducting thorough damage assessments across the impacted areas, working closely to assess the extent of the damage and coordinate the necessary response efforts.

“This thorough damage assessment was normal protocol for a presidential disaster declaration, and it’s an important part of the process to make sure all eligible counties and citizens are included,” said Kristi Turman, Director of the Division of Emergency Services at the South Dakota Department of Public Safety.

At least 11 river gauges hit new preliminary record-high levels, according to the Governor’s Office. The Big Sioux River at Sioux City crested nearly eight feet higher than previous records. New record crests were set at the following locations:

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  • Big Sioux River at Canton, Hawarden, Akron, Richland, Jefferson, and Sioux City;
  • Vermillion River at Davis, Wakonda, and Vermillion;
  • West Fork Vermillion River at Parker; and
  • Turkey Ridge Creek at Centerville.



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